PUSLINCH – Property owners in the township who put on large public displays – at Christmas or Halloween, for example – are now subject to a bylaw to prohibit and regulate publicized displays.
Puslinch council passed the bylaw at its March 2 meeting.
The bylaw is intended to strike a balance between those who put on the displays, often as fundraisers, and neighbouring properties who may find the traffic, lights and noise they produce or attract to be a nuisance.
The bylaw does not apply to festivals, parades, or publicized displays that occur on public property.
“It’s easy for something like this to be misunderstood,” said councillor Matthew Bulmer as council discussed the most recent revisions.
“It doesn’t require a permit for popular displays until they become a nuisance.”
The bylaw defines nuisance impacts as causing or contributing to at least two of the following for residents in the vicinity of the display:
- increase in off-site pedestrian or vehicular traffic that interferes with the use of highways and other public and private properties;
- illegal parking that obstructs the free flow of traffic or could interfere with the ability to provide emergency services;
- trespass to property;
- an increase in harassment or intimidation of residents;
- off-site littering;
- significant increase of noise as prescribed in the township noise bylaw;
- directed outdoor illumination that spills onto other properties;
- possession of open alcohol off-site;
- disorderly conduct including public urinating, defecation or vomiting; and
- damage or destruction to private property.
The bylaw doesn’t really kick in until there is a complaint. Then the display creator would be required to apply for a permit the following year and would be subject to fines if they didn’t.
Township staff will assess all applications and may apply conditions before issuing a permit. If staff deem the display is likely to cause a nuisance that cannot be mitigated, the permit will not be issued.
Conditions could include restricting dates and times the display can operate, extra insurance, erecting no parking signs, and picking up garbage.
Applicants are advised to submit applications 60 days before the display is to be operating to ensure time for staff to review the application, neighbours to be notified, and council to make a final decision should the staff decision be appealed.
Councillor Jessica Goyda asked if staff could notify those they know of who do large displays of the new bylaw “so they are not caught off guard.”