Is it illegal to spit on the streets of Vancouver, and what penalty applies?

 

No person shall expectorate, urinate or defecate in or on any public street, lane or park except in any public facility specifically provided for that purpose.

 

The dictionary definition of expectorate provided by www.dictionary.com is “to eject or expel matter, as phlegm, from the throat or lungs by coughing or hawking and spitting.”

 

According to text of clause 4.21, one may not spit on “any public street, lane or park”, but which streets, lanes, and parks are included? 

 

The boundaries of the City of Vancouver are defined by s. 6 of the Vancouver Charter, S.B.C. 1953, c. 55 (Vancouver Charter) which describes the area approximately bounded by Burrard Inlet (which runs under the Lions Gate Bridge and the Second Narrows Bridge) on the north, Boundary road on the east, the north arm of the Fraser River on the south, and the University of British Columbia Endowment Lands on the West. The University Endowment lands and the Musqueam Indian Reserve are not part of the city of Vancouver.

 

The Health By-Law does not apply on all land in the zone described i.e. it does not apply on private land, but only on public streets lanes and parks.

 

Section 1.2 of the Health By-Law contains the following definition for “street”:

 

"street" includes public road, highway, bridge, viaduct, lane and sidewalk, and any other way normally open to the use of the public, but does not include a private right-of-way on private property;

 

Given that “street” by definition includes “lanes”, the reference to “lanes” in the text of clause 4.21 itself is redundant. The word “parks” used in clause 4.21 is not defined in the Health By-law.

 

Section 1 of the Parks Control By-Law of the City of Vancouver defines “parks” as follows:

 

"PARKS" means and includes public parks, playgrounds, driveways, roadways, paths, trails, fire trails, boulevards, beaches, bathing beaches, swimming pools, community recreation centres, golf courses, playfields, buildings and other public places under the custody, care, management and jurisdiction of the [Parks] Board.

 

The definition of “parks” includes the word “places”, which is defined by s. 1 of the Parks Control By-Law as follows:

 

"PLACES" means buildings and improvements and includes community recreation centres, rinks, indoor pools, arenas and refreshment buildings.

 

The definition of parks essentially says that “parks” includes all areas that the Park Board has jurisdiction over. Part XXIII – Parks, of the Vancouver Charter, specifies that the Park Board has jurisdiction over two types of parks in the City: permanent public parks and temporary public parks. Permanent public parks are areas which have been designated as such in accordance with s. 488(5) of the Vancouver Charter. Temporary public parks area areas of the City that have been designated as such by resolution of the City Council under s. 488(2). An alphabetical list of Vancouver’s many parks can be found at: http://vancouver.ca/parkfinder_wa/index.cfm?fuseaction=FAC.ParkList_ABC

 

Clause 9.4 of the Health By-Law is a general penalty provision that applies to the provisions of the by-law:

 

9.4 Every person who commits an offence against this By-law is liable to a fine and penalty not exceeding $2,000.00 and not less than $100.00 for each offence.

 

In the City of Burnaby, s. 3(c) of the Litter Prohibition bylaw 1968 - No. 5316 prohibits spitting.

 

To review the bylaws of other regions in British Columbia, see the British Columbia bylaws page: http://www.legaltree.ca/node/97