Kingston approves bylaw despite concerns for unhoused residents

Kingston city council has approved a community standards bylaw that seeks to impose rules around everything from idling and odours to feeding wildlife — but a section on safe use of public spaces dominated debate.

Representatives for downtown businesses, advocates for unhoused residents and councillors all weighed in on the pros and cons of the regulations during a meeting Tuesday evening.

The bylaw was approved by a vote of 11 to two, with councillors Brandon Tozzo and Lisa Osanic opposed. It is expected to officially pass at on Dec. 5.

It underwent half a dozen amendments before it was voted on, including the fact staff must report back after one year with feedback from third-party experts who will assess health and equity impacts and any unintended consequences of the rules.

Bylaw is 'bullying,' says delegate

Critics of the bylaw included downtown resident Kamryn Marsh, who suggested enforcement around loitering would likely focus on those who are vulnerable, rather than tourists or shoppers.

"This bylaw is ... a code of conduct for street folks and unhoused folks," said Marsh.

"Bullying people out of the downtown space, a public space, is not going to help downtown businesses."

Several councillors acknowledged the bylaw isn't perfect, but pointed to concerns from businesses and residents who reported feeling unsafe, especially in the city centre.

Connie Glenn, who represents Sydenham, defended the bylaw by saying she has heard many stories of "unacceptable" behaviour.

"To minimize the fact that people feel fear, I think is very disingenuous of others," said Glenn.

Mayor Bryan Paterson said his office hears similar worries nearly every day. He described the meeting as a "hard conversation" before voting in favour of the bylaw, calling it an important first step.

"These are real concerns that we're hearing and we have to be able to respond," Paterson said.

Community group wants more

Members of an organization called SpeaKingston, which states online that it helps the city grow and thrive, expressed concerns to councillors about the "deterioration" of downtown.

Group member Peter Kingston said the bylaw is "only a bare minimum first step," adding it wants to see foot patrols and a downtown office that brings together police, bylaw and harm reduction staff under one roof.

Some of the councillors introduced motions to adjust language to ensure the city wasn't unfairly targeting some residents.

Coun. Brandon Tozzo, whose amendment changed the wording around loitering to focus on blocking or endangering others, said a new bylaw won't "convince someone with mental health and addiction issues to stop sleeping on Princess Street or behave as a better neighbour."

Lakeside Coun. Wendy Stephen stressed officers who enforce the bylaw should use "kindness and compassion."

She introduced an amendment to remove intoxication from the section on public disturbances.

"It doesn't matter if someone's sober, drunk, high ... the problem is the disturbance," she said.

Jenna Morley, Kingston's director of legal services, also spoke to a section of the bylaw that prohibits urinating and defecating in public.

"Clearly fining a person who is [in] such a vulnerable circumstance ... is not going to be an effective tool," she said.

'We have to be nice,' says councillor

City staff said Tuesday that bylaw officers will undergo training around non-violent crisis intervention and mental health first aid.

Intervention will start with education before moving to warnings and eventually enforcement, council heard.

Even before the bylaw came before council, members of the Encampment Support Network argued it would "inherently target" those who are unhoused and cause them more trauma.

A news release from the group quoted retired United Church minister Dawn Clarke who referenced the fact the city seeking a court order to remove an encampment, and council's decision to stop funding a sleeping cabin project, as other examples of how it treats those who are homeless.

 "Kingston is becoming a meaner city," she stated.

The bylaw is set to come into force on May 1, 2024.