Penticton City Council this week updated a more than 50-year-old bylaw which provides new rules for temporary overnight sheltering in parks and public spaces.
On June 10, municipal politicians adopted a bylaw following in line with B.C. court decisions which have found that "people who do not have access to any form of indoor shelter cannot be prohibited from temporarily sheltering in public spaces."
Under the new rules 香蕉视频直播� which replace parts of an old bylaw that dates back to 1974 香蕉视频直播� sheltering is permitted between the hours of 7 p.m. and 9 a.m.
The bylaw, however, also includes a list of locations where overnight sheltering is not allowed.
Recreational camping remains prohibited in municipal parks and public spaces, according to the city.
Julie Czeck, the city's general manager of public safety, said the changes only apply to municipal parks in public spaces.
She added that the city's old bylaw for overnight sheltering was "inadequate and unlawful" with the legal landscape in B.C. changing since the regulations were enacted.
"An outright ban on overnight sheltering in parks is unconstitutional and unenforceable," reads a staff report to council.
Couns. Campbell Watt and Jason Reynen took issue with 9 a.m. being the latest an unhoused person can temporary shelter overnight in a park, under the new regulations.
"Especially from a tourist enjoying our community, 9 a.m. seems very late," Watt said.
"Ideally, I think 7 a.m. would be better," Reynen added.
Czeck replied by noting the 7 p.m. to 9 a.m. overnight sheltering window was established to align with case-law decisions involving sheltering in B.C. public spaces.
"Going any earlier could risk a challenge (from the courts)," she stated.
Shelters may not be "erected, occupied or maintained outside of these hours," according to the city, and not located within:
香蕉视频直播� 15 metres of playgrounds;
香蕉视频直播� Four metres of trails, sports fields, and environmentally or culturally sensitive areas;
香蕉视频直播� 50 metres of school property;
香蕉视频直播� 15 metres of building entrances;
香蕉视频直播� Four metres of other shelters;
香蕉视频直播� An area of more than nine square metres;
Temporary overnight sheltering is also prohibited along Penticton's two main lake fronts, including:
香蕉视频直播� Okanagan Beach, SS Sicamous Park and the Rose Garden;
香蕉视频直播� Rotary Park, Gyro Park and Okanagan Lake Park;
香蕉视频直播� Japanese Garden, Marina Way Park and Marina Way Beach;
香蕉视频直播� Northern section of Lakawanna Park, located at 886 Lakeshore Dr. West;
香蕉视频直播� Skaha Lake Beach, Sudbury Beach and Skaha Lake Park
The bylaw has been forwarded to the public safety and parks and recreation advisory committees for review, according to the city.
An upcoming public information session to answer questions is also in the works, it added.
"Let's get this to our advisory committees as quickly as we can and make any adjustments necessary because I think this is going to take a while," Watt said.
Coun. Isaac Gilbert added to that urgency, saying he looks forward to hearing the community provide feedback on the new rules.
"I understand we don't have a lawful bylaw and it's good to adopt (the new one) now," Gilbert said. "I am cautious about trying to move something so quickly and not have the committees look at it before, but I do appreciate that we're saying once it's adopted, we can amend it from there."
The bylaw was unanimously adopted by city council.
An electronic City of Penticton handout on the new rules for overnight sheltering can be found .
