Orillia’s city council unanimously agreed today to enact an emergency measures bylaw that empowers local bylaw enforcement officers to fine people who do not comply with measures put in place to combat the spread of the deadly COVID-19 virus.
During a one-hour emergency council meeting - that was conducted virtually - politicians agreed to endorse a request from the Emergency Management Committee (EMC) to approve the bylaw.
The matter now goes to the Regional Senior Justice of the Central East Region for approval, which is a formality since the province has declared an Ontario-wide state of emergency.
Once officially in place, citizens could be fined $750 (total payable of $880 inclusive of all costs) for violating local or provincial regulations.
Those who hinder or obstruct a bylaw officer can face a set fine of $1,000 (total paying of $1,130).
These are set fines established by the Emergency Management and Civil Protection Act.
City CAO Gayle Jackson explained why the EMC recommended the move.
“It will enable bylaw enforcement staff and the OPP, as time permits, to enforce a variety of provisions to support the provincial initiatives as well as those brought forward by the emergency management committee,” Jackson explained.
For example, she said someone having a yard/garage sale or attempting to use the boat launch at the Port of Orillia could face fines as those activities are currently prohibited.
Jackson stressed that city bylaw enforcement staff see such fines as a last resort.
She said the bylaw is a “tool (that) will enable bylaw enforcement staff to actually issue tickets.”
However, “at this point in time,” staff’s philosophy is to educate “first and foremost. We would only move forward with stricter enforcement if we cannot get compliance.”
Some municipalities have enacted such a bylaw and then empowered the mayor to unilaterally make necessary changes as things evolve.
Orillia Mayor Steve Clarke said he didn’t feel “comfortable” with that approach. As a result, any necessary changes to the bylaw - to include other things or address unforeseen issues - would have to return to council for approval.
All councillors agreed to support the bylaw.
“I am in full support,” said Coun. Jay Fallis, who urged people to stay at home and to abide by the physical distancing rules. He stressed that the suggested two-metre space between people is “the bare minimum. It’s not a silver bullet. The best approach is to stay home."
Clarke said the city, since declaring a state of emergency on March 20, has taken a staged approach.
The city’s goal is “to educate people on the COVID-19 issue, the danger, the risks and corresponding measures and restrictions,” said the mayor.
“Quite frankly, we have not issued a ticket yet … (and it) would be nice to get through this whole scenario without doing so,” said the mayor, noting the stepped enforcement approach “makes sense.”
Several councillors did express concerns about boat launches. While the boat launches at Couchiching Beach Park and Collins Drive in addition to the Port of Orillia have been shut down, there are other boat launches that have not been closed.
“Here in Ramara, they’re all blocked off,” noted Coun. Ralph Cipolla, who, like others, expressed concerns that the end of West Street and the Grape Island boat launch could become busy spots if they’re left open.
“I think we should close off all boat ramps … and not just pick and choose the ones we want.”
Jackson said municipal bylaw enforcement officers are “out there in full force and doing a full evaluation and monitoring of the city as a whole.”
She said, to date, the EMC has only issued an order to close the boat launches at Couchiching Beach Park and on Collins Drive and the Port of Orillia.
Municipal regulations under the COVID-19 emergency measures bylaw include:
- Prohibiting people, including children under the age of 16, from maintaining less than 2 metres (6 feet) distance from one another in any public place (other than people they live with);
- Prohibiting businesses from permitting people to be seated or to be standing less than 2 metres (6 feet) apart whether inside or outside the business (other than people they live with, or the employees of the business);
- No person shall enter the Couchiching Beach Park boat launch or Collins Drive boat launch;
- No person shall enter or moor a boat at the Port of Orillia;
- No person shall hold a garage/yard sale.
The emergency measures set out by the provincial government are not contained within Orillia’s COVID-19 new bylaw as they are already enforceable by municipal law enforcement officers.
Those measures include, but are not limited to:
- Prohibiting organized public events and social gatherings of more than five people (other than people within a household).
- Closure of places of non-essential businesses.
- Closing of all outdoor recreational amenities, including: playgrounds, benches, sports fields, basketball and tennis courts, off-leash dog parks, frisbee golf courses, beaches, skateboard parks, picnic areas, outdoor community gardens, park shelters, condo parks/gardens and provincial parks and conservation reserves.
