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Municipality drafts new bylaw for pilot projects

The municipality is mulling over a draft bylaw that would allow commercial use of public space for activities such as busking. Creative Commons photo.
The municipality is mulling over a draft bylaw that would allow commercial use of public space for activities such as busking. Creative Commons photo.
The municipality is mulling over a draft bylaw that would allow commercial use of public space for activities such as busking. Creative Commons photo.

The municipality has begun to draft a new bylaw that will permit commercial use of public space for things such as sidewalk seating, busking and the farmers market.

Over the past several years the municipality has approved a patchwork of pilot projects as a way of getting around legal roadblocks that prevented businesses and organizations from using public space for private gain.

The pilot projects were also designed to gauge public interest and learn what worked and what didnt before drafting the new bylaw.

Mark Fercho, chief administrative officer, presented the first draft of the bylaw during a committee-of-the-whole meeting Feb. 23.

This is a very early draft, said Fercho, Its important to distinguish whats in the bylaw and whats in the permits, because the bylaw provides us with the authority to use public space for commercial purposes.

In other words, the bylaw will give the municipality the authority to issue permits for busking, commercial filming, farmers markets, sidewalk seating, mobile vendors and special events.

Were bringing all of the commercial use of public space into one bylaw for Jasper.

According to Fercho, the less detail thats included in the bylaw the easier it will be for the municipality to modify permits for each specific activity. It will also give the municipality the flexibility to modify permits further down the road if changes are needed.

All of the detail is going to be in the permit, said Mayor Richard Ireland, as he discussed the new bylaw with his colleagues.

Fercho noted that before the bylaw can be added to the books it must first be vetted by Parks Canada and passed by council. He said he hopes to present the bylaw to council before May. 31, when the sidewalk seating pilot project is set to expire.

Also included in the draft policy are suggested permit fees.

For example, a permit for sidewalk seating would cost $200 payable bi-annually, while a permit to busk for two days would cost $25.

The proposed bylaw states charitable and not-for-profit organizations in Jasper would be exempt from fees.

The rates that were proposing fall in line with whats used in Banff, said Fercho, explaining the entire bylaw was shaped after a similar bylaw in Banff.

In addition to permit fees, the proposed bylaw also includes penalties for not abiding by the bylaw. Currently penalties, such as panhandling or failing to obtain a permit, are set at $100.

This is an early draft so its totally open for discussion and what I hope for is vigorous debate on the costs and the structure of the bylaw, Fercho told the committee-of-the-whole.

During the discussion there was also some concern about how to include retail businesses or rental companies that are already placing clothing racks and bike racks on the sidewalk. A few ideas were put forward, but nothing was decided.

Paul Clarke [email protected]

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