A new system to deal with bylaw infractions including noise, animal control and unsightly property takes effect in Creston in December.
“In the past, bylaw disputes were handled in the provincial court system,” said Mayor Ron Toyota. “Arguing minor bylaw infractions in court was often impractical, due to the time and costs involved.”
Toyota said he is pragmatic about the change.
“The number one reason we are adopting this new system is because the old one was cumbersome. It just didn’t work.
“If someone disputed a $50 ticket, because we don’t have a court registry in town, the bylaw officer would have to travel to Cranbrook. Then he would have to issue a summons to the disputant for a court hearing, and it just went on from there. The whole process didn’t make any sense.”
Residents and town staff will have a clear process for resolution under the new bylaw dispute adjudication system.
The first step involves discussions with a locally appointed screening officer who has firsthand knowledge of the bylaw in question. For an improper parking notice, for instance, the screening officer would be a staff member from the appropriate town department. The screening officer provides information directly pertinent to the dispute. The disputant can then choose to accept the decision and pay the fine or provide a reason for the infraction (illegal parking for a medical emergency, for example, in which the screening officer has discretion to reduce or cancel the fine). The disputant might also work with the screening officer to work on a compliance agreement that could result in a reduced fine.
In cases where the disputant wishes to contest the bylaw infraction notice, a third party adjudicator assesses the dispute. A personal appearance by the disputant is not mandatory. A submission can be made in writing or over the telephone. The adjudicator is appointed by the attorney general and simply decides whether or not the bylaw was violated.
Creston joins more than 50 B.C. municipalities that have volunteered to adopt the alternate system of bylaw adjudication since 2004.
“To help ease the transition into the new system, bylaw notices issued in December will be issued as warnings only,” Toyota said. “The new system will be fully implemented in the new year.”
More information can be found on the town’s website at www.creston.ca.