It looks like there could be some controversy ahead over the town’s proposed graffiti bylaw.
On March 19, council briefly reviewed a proposal for an anti-graffiti bylaw for the municipality.
A resolution before council also noted that in receiving the report from clerk Kathryn Ironmonger, council would direct staff to provide notice that council would consider the draft anti-graffiti bylaw at council’s regular meeting scheduled for April 16.
In February, councillor Deb Callaghan presented a motion asking that council consider such a bylaw.
Council was presented a draft which was a variation of one used by the City of Vaughan.
The report stated Vaughan has been successful in court regarding enforcement of bylaw contraventions, however, the bylaw itself has not been challenged.
Orangeville does not have a separate regulating bylaw, however, they deal with graffiti issues pursuant to their properly standard’s bylaw.
More recently, Orangeville put its proposed anti-graffiti by-law on hold.
She stressed the intent was defer graffiti in the town.
Ironmonger said once the notice to comply is issued, and the owner does not remove the graffiti, the municipality has the authority to remove the graffiti and collect costs incurred by action or adding the costs to the tax roll and collect it in the same manner as taxes.
Maieron suggested the issue be discussed at a larger venue.
“I suggest if the residents and business people become aware of the bylaw and see that those affected by graffiti will be the ones required to clean it up, you may have some people who wish to have their say.”
Maieron said that having had the room crowded before (on other issues), he said this too could be a matter of controversy.
He recommended booking the Shamrock room in Erin if it is available.
“I don’t think this discussion is going to take 10 minutes.”
Councillor John Brennan agreed with the idea of calling a public meeting rather than as a delegation during a regular meeting.
He too believed the issue would bring out more people than the numbers usually attending council meetings.
He said “there are those who are uncomfortable with the idea of the victims of graffiti being made to pay the costs of cleaning it up.” At the same time, he saw no way around it unless the culprits were caught.
Brennan wondered if in the other regions where such a bylaw was brought into place whether there was an initiative to create a fund to pay the costs so a particular property owner would not have to shoulder the entire burden.
Mayor Lou Maieron asked whether this could be considered for community service hours.
“I’d had to see the victim be victimized twice.”
While Callaghan understood the sentiment, she said it would be the property owner who would be required to clean up the property.
“I’ve never seen or heard of anything being created to offset the costs.”
She added that other municipalities have stated it would be up to property owners to clean up the graffiti.
However, she did note the Community Oriented Policing Committee was planning a graffiti cleanup day to focus in the village of Erin.
The idea would be to start off fresh and go from there.
Maieron remained concerned of the effect if the graffiti was ongoing.
Callaghan said the biggest problem is that the police are unable to catch those creating the graffiti.
Councillor Barb Tocher asked if there was anything within the bylaw which differentiated graffiti and art.
“It is all in the eyes of the beholder,” Callaghan responded.
Tocher asked if there was painted mural on the side of a building, “who determines if it is art or graffiti?”
Ironmonger stated that under the proposed bylaw, if someone wanted to put a mural on the side of a building, it would have to come before council.
Callaghan hoped a decision would be made sooner than later, prior to the proposed cleanup date.
Council later chose the date of April 23 at 7pm in the Shamrock room – based on availability.
