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