ADMINISTRATIVE REPORT Date: August 30, 1995 TO: Vancouver City Council FROM: Director of Finance SUBJECT: Increase in Minimum Penalties RECOMMENDATION A. That Council approve the changes in the minimum penalty provisions of various by-laws as outlined in Appendix I to reflect the nature of the offence and to recover the costs in dealing with these offences. B. That the Director of Legal Services be requested to prepare the necessary by-law amendments which will implement these new minimum penalties, effective November 1, 1995. GENERAL MANAGER'S COMMENTS The Manager of Corporate Services RECOMMENDS approval of A and B. COUNCIL POLICY The City utilizes voluntary payments and the imposition of penalties under its various by-laws, in order to enforce the provisions of those by-laws. DISCUSSION This report reviews the current general and specific minimum/maximum penalties in certain City by-laws and seeks approval to amend the minimum penalty provisions in the named by-laws, as detailed in Appendix I. The range of monetary penalties which is set out, for example, in the Noise By-law is $100 to 2,000. This is the range of penalty which may be imposed by the Courts where either a guilty plea is entered by the offender or the offender is convicted. Only where the Courts find an inability to pay can it reduce the amount of the minimum penalty. The minimum penalty is an indication to the Courts of the seriousness the City places on a by-law infraction. The following factors were considered by staff when recommending changes in the minimum penalty provisions: 1) Many of the by-laws which the City enforces have a safety component and, when an offender chooses to overlook this safety issue, it is at the potential risk and expense of others (e.g. tenants). The minimum penalty should reflect a deterrent to exposing others to a safety hazard; 2) Where a matter concerns the failure to obtain a permit, the minimum penalty should be significant in relation to the permit fee which was not paid, so that the financial consequences of attempting to avoid paying the fee is a reasonable deterrent; 3) Where a matter concerns failure to comply with an order (e.g. building), the issuing of the by-law violation notice has usually been preceded by a number of enforcement actions, including inspections and at least one letter and an order, at considerable cost to the City. The minimum penalty should recover, at the minimum, the City's extra costs associated with the enforcement actions; and, 4) When dealing with the noise provisions, the same current minimum penalty of $100 applies to noisy parties, the noise of barking dogs, refuse removal and construction. The latter offenders are frequently companies who might consider it as a cost of doing business to pay the fine rather than interfere with their business operation. While the minimum is seldom imposed by the Courts in these situations, the sections of the by-law which predominantly apply to commercial enterprises (construction noise, refuse truck noise) should have higher minimum penalties to ensure that they act as a deterrent. CONCLUSION The recommendations proposed in this report are anticipated to maintain the enforcement value of the minimum penalties (as a deterrent to committing the offence), to recover the administrative cost invested by the City to gain compliance, and to reflect the inflation changes since these penalties were last set on May 1, 1991. It is anticipated that a change in the minimum penalties would generate additional revenue for the City, but the magnitude of the increase will depend on the customers' response as well as other complementary actions to facilitate and enforce payment. The results will be reported to Council in the annual Operating Budget, in the year following implementation. * * * APPENDIX I Current General Recommended General Current Specific Recommended Specific By-law Minimum/Maximum Minimum/Maximum Minimum Minimum ___________________________________________________________________________________________ Building $50/$2000 $100/$2000 -unsafe -fail to comply condition $200 with order $200 -fail to allow entry $200 - work w/o permit $200 Electrical $50/$2000 $100/$2000 -fail to comply with notice $200 -install without permit $200 -sell unapproved equipment $200 -fail to maintain electrical equipment $200 Plumbing $50/$2000 $100/$2000 Pound $15/$100 $25/$2000 -run at large $25 -run at large $100 -off leash $25 -off leash $100 -no license $100 Vicious dog Vicious dog -no muzzle $100 -no muzzle $200 -not securely -not securely confined $100 confined $200 Sign $50/$2000 $100/$2000 -continue to display without permit $200 -fail to comply with order $200 License $50/$2000 $100/$2000 -film viewer $250 -health -health enhancement $100 enhancement $250 -social escorts $1000 ..../2 - 2 - Current General Recommended General Current Specific Recommended Specific By-law Minimum/Maximum Minimum/Maximum Minimum Minimum ___________________________________________________________________________________________ License (cont'd) -fail to check residents in Lodging House $500 -after hours in arcade $200 -underage in arcade $200 -gamesroom underage $200 -gamesroom outside of hrs.$200 -billiards after hours $200 Standards of Maintenance $50/$2000 $100/$2000 -maintenance of fire escape/porch landing $200 -maintenance of fire protection systems $200 -fail to comply with order $200 Untidy Premises $50/$2000 $100/$2000 Health $50/$2000 $200/$2000 -fail to comply with order $500 Noise $100/$2000 -construction $500 -refuse collection $500 ..../3 - 3 - Current General Recommended General Current Specific Recommended Specific By-law Minimum/Maximum Minimum/Maximum Minimum Minimum ___________________________________________________________________________________________ Firearms $50/$2000 $200/$2000 Second-Hand Dealers $50/$2000 $100/$2000 -fail to keep record $200 -fail to produce record $200 Security Alarm $50/$2000 $100/$2000 Street Vending $50/$2000 $100/$2000 Vehicle Noise $75/$2000 $100/$2000