WHEREAS local governments are faced with difficulties regulating and deterring excessive nuisance complaints which results in a drain on local government staff and RCMP resources; AND WHEREAS Section 194 of the Community Charter challenges local governments ability to effectively discourage prolific offenders by restricting fees: Therefore be it resolved that the provincial government be requested 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 Cultural Development The Community Charter is a flexible piece of legislation that municipalities can use to establish and collect fees as they deem necessary. Section 194 of the Community Charter grants council, by bylaw, the ability to impose a fee payable for the service of a municipality and the use of municipal property, as well as the authority to regulate, prohibit or impose requirements. Municipalities currently have the ability to base the fee on any factor specified in the bylaw and establish different rates or levels of fees in relation to different factors. With regards to penalties, the Community Charter also grants municipalitys legislative power to make bylaws that enforce the bylaws of a municipality, and may do so through the use of fines and other penalties. Additionally, a municipal 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 B.C. have created bylaws that include a penalty that both single and repeat nuisance offenders must pay.