Whereas local governments are faced with difficulties regulating and deterring repeat noise and nuisance offenders; And whereas repeat offenders result in a drain on local government staff and RCMP resources; And whereas Section 194 of the Community Charter restricts local governments ability to effectively discourage prolific offenders by limiting fees: Therefore be it resolved that UBCM call on the provincial government to amend the Community Charter to allow local governments the power and flexibility to successfully establish and collect fees and penalties.
Ministry of Community, Sport and Cultural Development While the fee provisions in the Community Charter are quite flexible, their application is limited to certain circumstances. For example, a fee may be levied in relation to delivery of a service such as a water utility fee, use of municipal property such as a recreation facility fee, or exercise of a regulatory authority such as a building permit fee. Infractions of a municipal bylaw do not fall under the authority of a fee or charge. Instead, they fall under the statutory authority of a fine or penalty. Under this authority, a municipal council, through a bylaw, may establish a penalty of up to 10,000 that a person convicted of an offence must pay to the municipality. A number of municipalities across British Columbia have created bylaws that include fines or penalties that both single and repeat nuisance offenders must pay.