Most Hamiltonians adhere to physical distancing bylaw, but how much does it cost if you don’t?

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Published April 14, 2020 at 2:10 pm

Over the long weekend, there were no charges laid for violating Hamilton’s new physical distancing bylaw, according to city officials, but that doesn’t mean they’re not enforcing it.

Over the long weekend, there were no charges laid for violating Hamilton’s new physical distancing bylaw, according to city officials, but that doesn’t mean they’re not enforcing it.

At Monday’s (April 13) virtual media briefing, Paul Johnson, the director of Hamilton’s Emergency Operations Centre, said, for the most part, residents are doing as they’re asked.

Even Mayor Fred Eisenberger commented that from what he’s seeing around his own neighbourhood people are respecting the measures that have been put in place to prevent the spread of COVID-19.

There is still a problem area, Johnson said.

“Albion Falls continues to be a problem,” he said. “They’re beautiful, but they’re closed. Please stay away.”

He also reminded Hamiltonians that parks, including Gage Park and Bayfront Park, are currently open. Parking lots, play structures, playing fields, field houses, park benches, other park amenities and golf courses are closed.

So while there were no tickets issued over the weekend, the city is reminding people that Hamilton bylaw officers continue to use a progressive enforcement approach to help residents understand physical distancing regulations during the COVID-19 emergency.

Under the new bylaw, “every person shall maintain a distance of at least two (2) metres from every other person who is not a member of the same household when in a Public Space.”

The bylaw also outlines that businesses that remain open must “take reasonable measures to ensure compliance” to physical distancing recommendations by:

  • limiting the number of people allowed on their property;
  • ensuring that the distancing measures are being enforced on their property; and
  • ensuring that people who refuse to comply are promptly asked to leave their property and are reported to municipal law enforcement or city staff upon failure to comply with this direction.

Under the new bylaw, “no person shall attend a social gathering of more than five (5) people, either in a Public Space or on private property.”

But, there are exceptions for members of a single household, or a gathering for the purpose of a funeral service that is attended by no more than 10 people.

So if you’re in violation of the city’s newest bylaw, how much can it cost you?

The initial fine for individuals in violation of the bylaw is $500.

That fine goes up for more ‘serious’ offences to $10,000.

Repeat offences can cost as much as $25,000.

Corporations may receive a fine of up to $50,000 for a first serious offence and up to $100,000 for repeat offences.

Residents organizing or attending gatherings of more than five (5) people may be charged under the Emergency Management and Civil Protection Act, which carries a fine starting at $750.

To ensure compliance with the bylaw, the City has provided a list of numbers for people who want to report violations.

  • Concern about a local business or public gatherings of 5+ people, without physical distancing: 905-546-2489 (546-CITY)
  • Business not following proper hygiene: 905-974-9848
  • Inquiring if a business is essential: 1-888-444-3659
  • Price-gouging reporting: 1-800-889-9768

Photo of Albion Falls courtesy Benson Chan Photography via Flickr

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