By far the most dangerous foe we have to fight is apathy - indifference from whatever cause - not from lack of knowledge, but from carelessness, from absorption in other pursuits, from a contempt bred of self-absorption.
William Osler
Canadian Physician
1849 - 1919
Bylaws - Their Purpose
Bylaws (by-laws) are municipal rules to in part nudge individual citizens and/or the public as a whole towards living harmoniously and safely - keeping it all running smoothly. The common cause. There are also plain-stuff bylaws.
Our rules are not put together by the provincial/federal government but by Nelson's City Council, authorized to do so - within limits - by said upper/top-level rulers. So - depending on the intelligence, interest, foresight, preparation, knowledge and - above all - integrity of individualistically-or-not thinking/expressing members forming a Council - bylaws may vary in focus, depth, clarity and seamlessness.
Once a bylaw is in place - possibly put there by a Council several election-cycles ago - it usually is not revisited, unless something goes very seriously wrong within a particular bylaw's context, or Nelson's evolutionary process very loudly demands it. And Council is nudged into tut-tut-mode!
One may assume that in a totally community-oriented, totally co-operative, totally gluten-free tree-hugging town like Nelson bylaws would hardly be necessary. One would assume wrong. Because human nature has it that even totally gluten-free tree-huggers will try to get away with whatever they can - never mind negative impact on fellow-citizens: from the already or potential customer/client/patient to the little old lady down the block!
Human nature has it as well: ruling by force generally is the no-fuss way to go, if administrations want to have stuff done just so. In order to sometimes often all the time nudge shove kick the above into harmonious and safe gear: there is the ever so scarily named Bylaw Enforcement Department.
Enforcement - as in convincing most energetically - has a threatening ring to it; here it implies that locals need to be forced into doing stuff right - otherwise they wouldn't. Which is correct. Thus made to co-operate within certain parameters - or else!
This post focuses on the or-else part. Which is weak in Nelson - because its bylaws generally are. Altogether leaving Nelson's harmonious and safe aspects less so.
BYLAWS - THE REALITY SHOW
Example: Traffic Bylaw No. 3156
Businesses
Accordingly: every business owner/occupant needs to clear snow/ice at/around the premises by 11:00am, except on Sundays and holidays.
Problems:
1.
The nature, physicality of business is not addressed/clarified.
2.
Many stores are open on Sundays and holidays.
3.
By 11:00am is too late because this allows those responsible to shovel - if at all - just before then, although many pedestrians already have been passing for over 2 hours on their way to their first latte and work. Tourists out and about for breakfast, too!
4.
What about slush?
5.
Particularly on/off sidewalk-ramps, frequently under deep slush/water.
6.
A business/store closed for the day anywhere between Mon. and Fri. or for an extended period of time is not being addressed.
Traffic Bylaw No. 3156
Residences
Accordingly: every owner/tenant of a residential building needs to clear snow/ice by 11:00am, every day of the week.
Problems:
1.
By 11:00am is too late because it allows those responsible to shovel - if at all - just before then, although many pedestrians - including owners/tenants of other residences - may already have been passing for over 2 hours on their way to work or wherever. On often very steep - thus particularly slippery - sidewalks.
2.
What about slush?
3.
Particularly on/off sidewalk-ramps, frequently under deep slush/water.
4.
An owner or tenant not currently at home or not residing for a longer period of time is not addressed.
Multi-Use Property
Also not addressed is when a building has 1 business-tenant (not necessarily a ground-floor store) and 1 residential tenant.
Problems:
1.
Who is responsible for shoveling?
2.
Is shoveling to be done every day, or are Sundays and holidays exceptions?
Vacant Town-Lots
Example: The sidewalk at the Kerr Apartments lot is routinely not being shoveled; situations like this - there are many - are not addressed.
This very awkwardly written bylaw is - be still, poor heart! - an amended version of whatever it may have been before!
For an exploration of continual disregard for it in the downtown core - see post:
Nelson: The Slippery Slope of Bylaw Enforcement
28. Feb. 2012
Illustrations
City Hall, Fri. Jan. 3, 2013 - 10:30am
Neither the public sidewalk nor the 2 access paths and steps have been shoveled, although business-hours at City Hall have started at 8:30am, and it clearly has had considerable traffic within those 2 hours.
An If-City-Hall-won't-why-should-I thing!
Court House, Fri. Jan. 3, 2013 - 10:30am
Neither the Vernon/Front sidewalk nor the access from the public sidewalk to the entrance has been shoveled. The sidewalk has had a lot of traffic, the access some. This is not a holiday: regardless of whether the Law is at work or not - it too must shovel! Law and order. Or what!
For years - the sidewalk ramp at the curve has been under deep slush/water during/after heavy snow. This area seems to be part of the Law's sidewalk responsibility.
I have paid particular attention to this bylaw, and that mainly - but not exclusively - in the Cedar-Falls/Victoria-Vernon corridor, but it would be naive to assume that it is the only one needing to be minded constantly - with essential (loop)holes.
A bylaw must be complete and self-explanatory - no matter how wordy; if there is room for interpretation - there is room for misinterpretation. And: I didn't know that - where does it say that!
BYLAW ENFORCEMENT - THE REALITY SHOW
In a presentation to the Committee of the Whole (COW) - several meetings ago - Police Chief Holland raised the issue of bylaws and their enforcement with some urgency.
Points: the Nelson Police Dept. - stretched as it is - is too involved in bylaw enforcement. Although this enforcement is not a police issue: its department is supervised by Deputy Police Chief Paivarinta. Aside from the personnel difficulty as such, time being money - the police department loses financially.
The only direct bylaw-generated revenue coming to the City - to be used for whatever - is parking-related; neither an automatic, fixed fine nor a definitive fining-process for violations-as-such of bylaws is built into other bylaws. Money going out but not coming in!
The police chief urges Council's attention to bylaws and definitive fine-constructs.
As did I in a presentation to the COW, 19 Mar. 2012:
Nelson's Selective Bylaw Enforcement.
There was no reaction from Council then (and hasn't been since) - there was no direct issue-specific reaction to the police chief's concerns.
Having been in dialogue about bylaw-enforcement issues with Deputy Chief Paivarinta over time, I believe there has been progress in the mechanics of enforcement. Good for Nelson as far as it goes: with inefficient bylaws followed sporadically and even less enforced because of their inefficiency.
An additional problem, for several months: whereas the department used to have 2 enforcement officers - not nearly enough for a well-functioning enforcement-process to begin with - it now is down to 1 only!
CITY HALL'S (DIS)CONNECT
Nelsonites en masse violate bylaws: not because they aren't aware of them but because they can. As simplistic as that may sound in a town taking pride in its across-the-board progressiveness.
A basic responsibility of City Hall is to provide safety on various levels for the public. Bylaws are means towards achieving/maintaining that. It is time for Council to look at existing bylaws, bring them into Nelson's today-reality and apply them purposefully.
No. 3156 made most affective will need Councillors to literally walk the walk, instead of just talking it. Feet-on experience!
While all that is being sorted: a PR-campaign dealing with bylaws is in order, particularly those most significant right now - like the one on snow-etc shoveling and reasons behind it. Appealing to local higher-than-gimme!-instincts.
The City's occasional website-newsletter is not the way to go with this - seeing that only 15% of respondents in the recent 2012 Citizen Satisfaction Survey think the website is a good way to communicate City info. The Star's backpage newsletter-presentation is way too much of what most can endure. In tiny print!
PR as in public relations as in relating to the public. Much could/should be done to remind, educate the public - instead of Council going straight and only to unimaginative empty or-else threats of force.
Once bullet-proof bylaws have been locked-in, and the public has been familiarized with them thoroughly - including being warned - and people still violate them: hit them hard just like that where it hurts the most - in their wallets!
Using parts of the funds generated for more enforcement-personnel: applying bylaws directly, instead of having enforcement complaint-driven only. Which it has been all along because of financial thus personnel limitations all along - bylawed this way!
One more winter: Shop local and fall on your butt!
Yeah!
Bylaws are posted on the City's website.
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