Nuisance Party Bylaw
Nuisance Party Bylaw
The Nuisance Party Bylaw provides police and Bylaw Enforcement with the ability, under one City-wide bylaw, to address the negative impacts on neighbourhoods of behaviours associated with large social gatherings.
The Nuisance Party Bylaw is limited to addressing behaviour specific to large social gatherings or parties, rather than a catch-all bylaw attempting to curtail all public nuisance behaviour. By exercising the authority provided under a nuisance party bylaw, an Order can be issued by police for large social gatherings to cease and to disperse people not residing at a residence where the social gathering is occurring.
Bylaws of this nature have been enacted by several Ontario municipalities, bridging the gap between existing bylaws and charges under the Criminal Code. The regulatory purpose of this concept is to create a duty upon those hosting a social event or party to control the participants, and to give law enforcement personnel a mechanism to control and disperse people where the event has become a public nuisance. Nuisance party bylaws can therefore provide additional enforcement options beyond those available under existing bylaws and statutes.
Public consultation and approval
Public feedback on the concept of a Nuisance Party Bylaw was considered in the drafting of the bylaw. Residents were invited to share their feedback at a public meeting, by email to staff and on the City's online engagement site, Get Involved Kingston.
The Nuisance Party Bylaw was enacted by council on March 20, 2018.
On August 11, 2020, Council approved the use of Administrative Monetary Penalties (AMPs) to more effectively address nuisance behaviours across the city. Learn more about AMPs on the Bylaw Enforcement webpage.
Additional information for landlords
City staff are preparing an information brochure for local landlords outlining the steps they can take to deter nuisance party occurrences on their premises. Request a copy of the brochure.
In addition to fines or penalties, people who conduct or host nuisance parties may be liable for fees from Kingston Fire & Rescue, Kingston Police and/or municipal bylaw officers for attending the scene. The current fee is $90 per officer, per hour (or part thereof). Failure to pay these fees could result in civil Court action or recovery through a collections agency.
Frequently Asked Questions
What is the purpose of the Nuisance Party Bylaw?
The purpose of the Nuisance Party Bylaw is to create an enforcement tool to address the negative impacts of large social gatherings involving nuisance behaviours, such as public intoxication, property damage, and excessive noise.
Can landlords be charged under the existing Nuisance Party Bylaw?
Yes. Under the current Nuisance Party Bylaw, it is an offence to “permit” a nuisance party to occur. If there is evidence that a landlord permitted a nuisance party to occur on their premises, the landlord can be charged under the Nuisance Party Bylaw.
The current Nuisance Party Bylaw also provides for the delivery of a warning notice to the landlord after a nuisance party occurs and prohibits the landlord from permitting a subsequent nuisance party to occur on the premises within two years.
Why is the City proposing to eliminate the warning notice requirement?
The increase in both number and severity of large nuisance parties in Kingston poses a significant risk to health and safety and places a strain on community partners and emergency services, such as Kingston Police, Kingston Fire & Rescue, Frontenac Paramedics and hospital staff. It is incumbent upon landlords, as property owners and neighbours, to do their part to deter dangerous nuisance party behaviours from occurring on their premises by taking reasonable proactive steps (and not relying on a warning notice from the City before taking action).
The warning notice provision was also intended to educate landlords during the implementation of the Bylaw. As of 2022, the Nuisance Party Bylaw has been in effect for over four years in the City of Kingston and it is expected that all landlords in the City have familiarized themselves with the content of this Bylaw and its requirements.
When can a landlord be held legally accountable under the proposed bylaw?
Under the proposed bylaw, a landlord is only guilty of an offence if there is evidence that the landlord “permitted” or “allowed” a nuisance party to occur at their property. Similarly, a landlord is only responsible for the fees and charges set out in the proposed bylaw if there is evidence that the landlord “permitted” or “allowed” a nuisance party to occur.
What steps can landlords take to demonstrate that they have not “permitted” or “allowed” a nuisance party to occur?
There are several steps that landlords can take to demonstrate that they have not “permitted” or “allowed” a nuisance party to occur, including:
- Obtaining references from prospective tenants;
- Including a provision in the tenancy agreement requiring tenants to comply with the City’s Nuisance Party Bylaw;
- Providing tenants with a copy of the City’s Nuisance Party Bylaw;
- Sending email or written communications to tenants educating them on their responsibilities and obligations under the Nuisance Party Bylaw;
- Monitoring the property on a regular basis in accordance with the Residential Tenancies Act; and
- Taking reasonable action to address complaints regarding social gatherings at the property on a timely basis.
How will the proposed bylaw amendments affect landlords?
The intent of the proposed bylaw amendments is to ensure that landlords are fulfilling their obligations as property owners and neighbours to act with due diligence in deterring nuisance party occurrences on their property. Those who fail to do so could be held legally accountable under the Nuisance Party Bylaw.
The intent of the proposed bylaw amendments is not to penalize landlords who have taken reasonable steps to educate their tenants on the City’s Nuisance Party Bylaw and to deter nuisance party occurrences on their property.
Will I be charged under the Nuisance Party Bylaw if I don’t evict my tenant after a nuisance party?
No. A landlord is not required to commence eviction proceedings against its tenants to demonstrate that it has not “permitted” or “allowed” a nuisance party to occur at its property.
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