Recommendation: That the following actions
be taken with respect to the attached proposed Public Nuisance By-law entitled
“A by-law to prohibit and regulate public nuisances within the City of
London”, in order to address nuisance parties and gatherings;
Public Safety Committee (PSC) supports in principle the proposed Nuisance
the proposed by-law BE REFFERED to a special PSC meeting to be held in
proposed by-law BE REFERRED to Civic Administration and the Town and
Gown Committee for further review;
Near Campus Strategy, including modification of zoning by-law, BE
CIRCULATED to Municipal Council and the Town and Gown Committee;
Civic Administration BE REQUESTED to contact the Ministry of Municipal
Affairs and Housing to discuss possible changes to the Planning Act to
restrict the number of students per household; and,
Town & Gown Committee BE REQUESTED to review the possibility of
enacting a Student Code of Conduct;
it being noted that
the Public Safety Committee heard the attached presentation from the
Manager, Bylaw Enforcement, and a verbal delegation from B. Duncan, Chief, and
received written submissions from the following, with respect to this matter;
Pellarin, dated April 2, 2012
• E. A.
Smuck, dated March 30, 2012
• H. W.
Rundle, dated March 30, 2012
Mahon, dated March 29, 2012
Fontaine, dated March 29, 2012
MacLean, dated March 29, 2012
• V. F.
Norejko, dated March 22, 2012
Engelmeyer, dated April 1, 2012
• G. Wild
& J. Kasperski Wild, dated April 2, 2012
Joles, dated April 2, 2012
it being pointed
out that at the public participation meeting associated with this matter, the
following individuals made an oral submission in connection therewith;
• Joe Hoffer, Cohen
Highley – advising that the London Property Management Association (LPMA)
supports the by-law; noting that LPMA has approximately 500 members; advising
that the LPMA rents to students and that the vast majority are good tenants;
indicating that this is of equal concern to all landlords, as all landlords
have an interest in their properties; recommending that the Council seek the
ability of the Province to get unpaid fines collected through the issuance/renewal
of drivers licenses; advising that a weakness is the prohibition of one or
any items such as litter on the lawn; recognizing that the intent is the
nuisance parties and indicating that it is overreaching as any citizen can
call the Police.
• Dennis Pellarin,
1019 Waterloo Street – providing comments as outlined in the attached
• O. Hobson, 43
Evergreen Avenue – expressing opposition to the proposed by-law; indicating
that the by-law is being rammed through as a quick fix; advising that it
increases the discretionary powers of the police; indicating that the police
are the after-hours by-law enforcement already; advising that there should
be an honest public review; enquiring as to why the failure happened;
indicating that there is no sense of respect, which needs to be taught;
requesting a review of the efforts being undertaken; advising that there have
been positive initiatives undertaken, such as the public gardens; indicating
that the prevention of the behavior should be focused on and advising that
this is not a positive by-law.
• Michael, resident
of London – suggesting that the preventative measures should be creative; and
that partying is the first priority for students, with learning being the
• Derek McBurney,
#4-406 South Street – advising that a loophole of the by-law is that it
doesn’t determine how to handle a person who doesn’t take responsibility and
advising that small groups are invited to parties and it gets out of control.
• Pauline House,
resident of London – indicating that she lives in Huron Heights, Phase 1 and expressing
panic when a for sale sign goes up that her area is next, advising that
there should be no tolerance for these instances; advising that the residents
are working to engage the students; enquiring as to how this gets controlled
so that it doesn’t happen; advising that at 3:30 p.m. on St. Patrick’s Day,
students were throwing cups at cars and pedestrians on Cheapside Street;
enquiring as to how to make those responsible pay fines and enquiring as to
whether or not a limit on the number of students living in one house can be
• Dave Jones –
enquiring as to who has the authority to order the by-law to be in effect;
and enquiring as to what constitutes a party; it being noted that Police
Chief Brad Duncan responded to Mr. Jones’ enquiries.
• Rene, resident of
London – expressing opposition to the by-law; and enquiring why the community
has to be punished for the actions of some students.
• Greg Anthony –
advising that he is a London Property Management Association member and a
real estate representative; advising that 1/3 of the group involved in the
March 17th incident were minors; enquiring as to how this by-law addresses
minors; and suggesting that parents be held accountable.
• Veronica Barahona,
Fanshawe Student Union – advising that this is not a campus issue; advising
that the by-law is too immediate and too reactive; recommending that the Town
and Gown Committee review this by-law as it targets students.
• Steve, resident of
London – indicating that he is a proud Fanshawe College graduate; advising
that he delivered a proactive proposal to Fanshawe College, the London Police
and Ward Councillors a couple of weeks ago; and enquiring as to why the Liquor
Control Board of Ontario is not contacted as to how minors were able to get
• Valerie Miretti,
resident of London – advising that she lives near the University of Western
Ontario and is currently attending Fanshawe College; indicating that the
proposed measures are fine and indicating that the citizens are helping.
• Patrick Searle,
University of Western Ontario Students Council – advising that students and
leaders support the economy; advising that the majority are good students,
with a few bad apples; enquiring as to who is responsible for the overflow on
someone else’s lawn; enquiring as to whether or not the proposed by-law is
proactive or reactive and encourage that everyone stand together.
• William Rosas –
indicating that the government has gone too far as the by-law restricts
freedom; advising that the by-law is too vague; indicating that allowing
discretion is too dangerous and that the by-law infringes on civil rights.
• Peter Tamburas –
advising that this is an ethical issue and enquiring as to how the incident
on Fleming Drive justifies the proposed by-law.
• Rocky Miretti –
expressing support for the proposed by-law; advising that the by-law shows
accountability; advising that it protects the integrity of the neighburhoods
in the community; advising that the number of rental properties is
increasing; and suggesting that someone look at repeat complaints about rental
properties and address the problem properties.
• Eugene Petroli –
enquiring as to whether Police receive advice when a party exceeds fire
by-laws; and recommending that students be proactively educated on the fire
code and acceptable occupancy.
• Wayne Hargrove,
resident of London – expressing support for the proposed by-law; advising
that he moved out of Fleming Drive in 2009 because his family feared for
their safety; advising that 3 or more people constitutes an unlawful assembly
and enquiring as to whether or not you can restrict the use of glass in
• Joanna – advising
that the by-law is reactive.
• Heather Enger – Hartlet
St – indicating that she doesn’t understand why these parties are held on the
front lawn; advising that she did not see the police on St. Patrick’s Day;
advising that she is a landlord and lives in the area of her rental property;
advising that she has fantastic students and that the rental property is an
investment; indicating that she has previously complained to By-law
Enforcement about the number of students living in a house; enquiring as to
how we enforce 2 and 3 bedroom units being listed as 4 and 5 bedroom units
and requesting that the by-law not be rushed through as there is enough power
without updating the by-law.
• Darryl Torium –
advising that he is a local landlord; indicating that he has had great
success with students and they do contribute to the community; advising that
this was a few bad apples; advising that he has tenants he has been
attempting to evict for the last three months; indicating that he would like
to add something to the by-law to give the University of Western Ontario and
Fanshawe College the power to penalize, such as withholding grades or
expelling students for their behavior.
• Bill Brock –
advising that respect needs to be given from both sides; advising that Civil
unrest is not a reason to riot or defy authority; advising that this is
off-campus authority; indicating that a solution would be for Fanshawe
College to buy up the area properties and control the housing; and requesting
the the community be given more time for dialogue.
• Brian Gibson –
advising that he lives in Ward 2; enquiring as to whether or not landlords
can be encouraged to self-police their own property; advising that there is a
need to address the event spillover onto other properties; encouraging more
public participation with the students and the community; advising that there
is always more that can be done and recommending that healthy activities for
students be encouraged.
• Edgar Allen Smuck,
928 Western Road – presenting information included on the Public Safety
Committee Added Agenda.
• Amanda Alison –
advising that she is a Fanshawe College graduate; indicating that social
media invites everyone to a party; and enquiring as to whether or not the
social media can be monitored so that events can be nipped in the bud.
• Darryl Bedford,
OPSEU President – advising that many students are affected and the reputation
of the College is on the line.
• Michael Dee –
advising that he is an area resident and landlord; advising that he agrees
with instituting a code of conduct; indicating that a damage deposit is
another tool used in other communities; and it may help the landlord to
improve tenant accountability.
• Joanna Markum –
advising that Fanshawe opens up their green space and parking lots to host
• Meredith Fontaine –
enquiring as to how often the Police are called onto campus for party issues;
advising that students don’t belong in residential family homes; indicating
that there was no police presence from 8:30 a.m. to 4:30 p.m., the following
day; and indicating that this issue has been discussed for 15 years.
• Ted WillIams –
expressing support for this proactive step; advising that the problems on
Fleming Drive are Fanshawe College’s responsibility; indicating that Fanshawe
should be held responsible for student behaviour and advising that it is the
cost of doing business.
• Sandra Boerson –
indicating that this is reactive; indicating that this only deals with a
small part of the problem; advising that being connected and encouraging
engagement doesn’t help; advising that the party should have been stopped at
200 people; advising that a mattress was burnt near the University of Western
Ontario on the same night; advising that there are not enough police; advising
that codes of conduct do make a difference and the students get the message
that no one cares.
• Irvine – advising
that he lives north of Cheapside Street; indicating that a majority of the
students are fabulous; enquiring as to whether or not there is a law limiting
rental properties, how many students are allowed in each house, the fire
regulations, and parking for cars; and advising that rental property is a
business venture in a residential area.
Eldridge, Second St – spoke to the need to provide positive role models for
the students through the use of community organizations.
• Barb Louanny –
advising she was originally informed that this area was zoned as
single-family homes but recently was advised that it is no longer zoned for
single-family residences and enquiring as to what has changed.
Williams - indicating support for the by-law and concerns for resale value of
homes in the neighbourhood and enquiring whether steps are in place for the May