BANFF – Banff bylaw officers are being given discretionary powers on how to deal with illegal camping on private property.
A proposed addition to a bylaw would give bylaw officers, council or the courts discretion to decide whether camping is truly creating a negative effect on the surrounding neighbourhood.
But Councillor Peter Poole is concerned the language in the bylaw does not make it plain enough to allow a boy scout or girl guide, or a family, to set up a tent in a backyard in order to learn how to camp.
He said the bylaw makes it clear camping on private property is prohibited, but it’s not until deeper into the bylaw that discretionary powers are mentioned as to whether or not someone could be arrested for setting up a tent in their backyard.
“This one doesn’t meet my plain language sniff test on the idea of the scout trying to get a badge and failing because the scoutmaster says the bylaw says you’re not allowed to do that,” he said.
“I’m not prepared to support this yet because I believe it needs some refinement so as to encourage those people in the community who want to set up a simple tent for short-term use in the backyard to learn about camping.”
Town administrators say there is no plan to go out and arrest a scout or guide for camping in a backyard.
“It allows discretion of the officer to determine if this is a boy scout practising and learning camping or if this a service worker set up for their summer accommodation,” said Town Manager Robert Earl.
There’s a $100 fine if a property owner or lessee allows camping on private property.
The Town of Banff’s camping bylaw has been in existence since Banff’s incorporation as a municipality in 1990. It prohibits camping on public land and also prohibits property lessees from allowing camping on their private property.
This debate was part of council’s process to move the standalone bylaw into the broader streets and public places bylaw to restrict camping in public places and the community standards bylaw for prohibit camping on private property.
Poole and Coun. Ted Christensen, while supporting the purpose of both bylaws, did not vote in favour at this time.
“I think we can do better,” said Poole.
Third reading of the changes is scheduled for Monday, Aug. 13.
