New Brandon bylaw means city can fine people for failing to shovel sidewalks but won't for now

Changes to Brandon's snow-clearing bylaw arebeing put to the test this week, after the city was hitby almost 30 centimetres of snow in recent days.

Doug McCallum arrived home from Florida soon after thefirst major snowstorm of the season hit southwestern Manitoba on Sunday.

On Tuesday, he got home toa driveway covered in knee-high snow drifts and began shovelling out the snow.

"There's a fair amount here, but most of Brandon doesn't look that bad," McCallum says. "This stuff blew in pretty good."

Under arecently amendedCity of Brandoncommunity standardsbylaw, residents can now befinedup to $150for failure to clear snow from any sidewalkadjacent to their property including the public sidewalks.

Snow clearing has always been required for residents and businesses, but the fines for failing to clear sidewalks are new, Brandon city manager Ron Bowlessaid.

McCallum says the bylaw change is a good idea.

"Do your part," McCallum said. "I mean, it's not too much longer till spring."

He doesworryit could disproportionately impact people who can't physically move the snow on their own.

But theCity of Brandon says it runs a "snow angels" program that can match people who need help with a volunteer.

Luis Ramirez spent the better part of two days shovelling out his and his girlfriend's home after the storm, which EnvironmentCanada says dumped22 to 29 centimetres of snow in Brandon.

"In general, if everybody contributes, you know, it would help ... a little bit," Ramirez said, but hefeels like the bylaw is passing the burden of snow-clearing on to Brandonites.

About education, not punishment

Because thecommunity standards bylawjust came into effect this winter,the focus has been on education rather than fines thisyear, said the City of Brandon'sBowles.

It's taking the city longer than usual to clean up after the major snowfall,and there is an acknowledgment that residents will face the same challenges at their homes, he said.

Fines are treated as a last resortand none will be issued during the first year of the new bylaw amendments, said Bowles.

"We're not rushing to give tickets. We want to educate people."

He said it's hard to give a firm time frame for when a sidewalk should be cleared, but the bylaw is intended to focus on what is reasonable.

Bowlesadded fines for bylaw offences will likely be largely complaint driven.

If a person who is able to clear snow hasn't done so "after repeated attempts or reminders of what their obligations are," then the "fine, in the future, could come into play," he said.

The new bylaw took different bylaws and merged them into one covering a range of community standards, touching on issues likeloitering, panhandling, graffiti and property maintenance, among others.

The intentof the bylaw changes, which Bowles describedasadministrative housekeeping, wasto spell outcommunity standards and expectations for residents in one place.

In addition to consultations with the community, Brandon alsolooked to other cities forbest practices onbylaws around things likesnow clearing, said Bowles.

Bylaw problematic

But the latest storm will be an important test for the bylaw, said Brandon University sociology professor Chris Schneider, because there is the potential it could face legal challenges due to its vague wording. That could lead to discrimination in how it's enforced, he said.

"A gamut of people"could face harm due toambiguous wording for different offences under the bylaw,he said, ranging from fines for those who can'tshovel their sidewalk, those playing music in public or people accused of loitering.

The bylaw includes, for example, a prohibition on "any loud, blasphemous, abusive, obscene, or insulting language or singing or shouting in a boisterous manner" that could be "deemed likely to disturb the peace of another individual."

But Schneider saidthe definition of things like "blasphemous" noise is open to interpretation when it comes to enforcement.

He also thinks the city should do more consultation on the bylaw, or rethink it altogether.

"I think it's in the best interest to amend this bylaw, change it, scrap it, come together, create a new one," he said.

"I suspect it's not a matter of if, it's a matter of when this is challenged."

New Brandon bylaw means city can fine people for failing to shovel sidewalks but won't for now

7 months ago

Duration 1:58

Changes to Brandon's snow-clearing bylaw are being put to the test this week, after the city was hit by almost 30 centimetres of snow in recent days.