Antigonish Puts Students at Risk of Large Fines with the Introduction of the “Nuisance Party By-law”
/On October 11th a special meeting of the Antigonish town council approved the new “Nuisance Party By-law.” This move was inspired by a similar by-law instated in Wolfville in 2019. In simple terms, this new by-law gives enforcement officers a substantial amount of power to act against party hosts and party goers, allowing them to hand out offence tickets and large fines to anyone attending a gathering that is considered a “nuisance.”
The by-law outlines the penalties for any offence or failure to comply as “not less than four hundred dollars ($400.00) for a first offence, not less than six hundred ($600.00) for second offence and no less than nine hundred ($900.00) for a third and any subsequent offences.”
The bill defines a “nuisance party” as “a gathering on property which, by reason of the conduct or any one or more of the person(s) in attendance, is characterized by any one or more of the following elements:
a) Public intoxication;
b) The unlawful sale, furnishing, or distribution of alcoholic beverages or other controlled substances;
c) The unauthorized deposit of litter on public or private property;
d) Damage to public or private property;
e) The obstruction of vehicular or pedestrian traffic or interference with the ability to provide emergency services;
f) Sound that is unusual or excessive, or that is likely to be unwanted by disturbing to persons, as described in the Town of Antigonish Noise Control By-Law;
g) Unauthorized open burning as described in the Outdoor Fire By-Law;
h) Public disturbance, including confrontations or violence;
i) Outdoor public urination or defecation; or
j) Use of or entry upon a roof not intended for such occupancy.
To be clear, any gathering that meets even one of these elements will fall under this new by-law. Hosting or attending a so-called “nuisance party” is all the riskier, as enforcement officers have significantly more power than in previous years.
For instance, upon receiving an order to discontinue the party, it is expected that every person who is not a resident of the property leave immediately and for the party to cease. This is outlined in section 5.1 and 5.2 of the by-law. Failure to comply may result in a first offence ticket. However, section 5.3 goes on the explain that this order must only be given within a “reasonable amount time” following the violation. This means that a party may be classified as a nuisance without the host being made aware for an unspecified amount of time. Under these conditions, it is possible for a person to receive multiple offences without realizing they have already been issued one, resulting in large fines stacking atop each other.
Further complications emerge in section 7.4. This section makes clear that the offence of a nuisance party is attached to the property, not the residents of the property. This creates cause for concern for students, who switch in and out of rental properties every few years. If the tenants in the previous year had received an order to discontinue a nuisance party, any offences on behalf of the new tenants (within a 2 year timeframe of the original order) would be treated as a subsequent (second, third, etc.) offences, even if it was their first. Thus, they would be “subject to higher fines.”
It is unclear that the by-law has any large restrictions against the power of enforcement officers. The by-law seems to give the right to act to any officer who believes on “reasonable grounds” that an offence has been committed—which could be as simple as attending a party that has a few stray cans lying around. Even in these circumstances, the party could be considered a “nuisance” something that is up to the discretion of a singular individual.
Other offences in which a ticket may be given include but are not limited to: hosting a nuisance party, allowing a nuisance party on their property, failing to leave after having been directed to leave, standing or sitting upon a roof, hanging a poster or banner with “offensive language” in a public place, or “promot[ing] the unsafe consumption of intoxication substances.” The full list can be found in the linked PDF at the bottom of this article.
Whether or not the by-law will be followed in the strictest sense (for example, receiving an offence because there are a few stary cans around the property), remains to be seen. Because the decisions are largely left to the discretion of individual officers, a lack of consistency on what is deemed a nuisance is likely. Rather than a strict guideline outlining how students will be charged for specific acts, the bill acts more like deterrent. Officers may not take all the actions they are permitted through the ambiguous wording of this by-law, but the important part seems to be that they could.
A PDF copy of this by-law is linked here.
