'Enough is enough:' Hamilton enforces bylaw with tighter physical distancing measures

Hamilton residents can now be fined if they stand too close to someone from a different household as per a new bylaw that tightens COVID-19 physical distancing restrictions. 

During a virtual city council meeting Wednesday, Hamilton councillors unanimously passed a bylaw that allows authorized staff to hand out $500 fines to residents disobeying physical distancing measures.

These tightened restrictions are meant to further discourage people from breaking public health advice. 

Hamilton mayor Fred Eisenberger told council that these are "unfortunate but necessary circumstances" and that "we are going to be able to save lives" if residents abide by these measures. Once the provincial emergency ban is lifted, the by-law will expire. 

Ward 9 councillor Brad Clark said he's "greatly" concerned that they have to enforce such tight rules. 

"I am incredibly disappointed that it has come to this point because of some misguided, misinformed and perhaps oblivious residents," Clark said. 

"Enough is enough, the reality is (the virus is) here, it's impacting people." 

The new bylaw rules do not apply to members of the same household who gather or to those at a funeral service that is attended by no more than 10 people. 

Under the new bylaw, residents must: 

• Keep a distance of two metres from every other person who is not a member of their household when in a public space.

• Not attend a social gathering in a public or private space of more than five people.

• Not obstruct an officer or authorized staff. 

Property owners must: 

• Ensure compliance with physical distancing by limiting the number of people allowed on their property.

• Ensure that distancing of two metres is being enforced on their property.

• Ensure that people on their property who refuse to maintain a distance of two metres are asked to leave their property and are reported to authorized staff if they do not comply.

• Every owner or occupier of property must ensure that no social gatherings of more than five people occur on their property.

• Not obstruct an officer or authorized staff. 

The penalty for breaking the restrictions outlined in the bylaw includes a $500 fine that could increase to $10,000 for a serious offence and up to $25,000 for repeat offences. Corporations are subject to receive a fine up to $50,000 for a first serious offence and up to $100,000 for repeat offences.

Fines can be given out by by-law enforcement and Hamilton Police officers. 

Whether a person receives a fine under Hamilton's new bylaw or an offence under the provincial act will depend on the situation at hand, according to the city's director of licensing and by-law Ken Leendertse.

But, he added, they wouldn't receive both at the same time. 

For instance, under Ontario's Emergency Management and Civil Protection Act people are also prohibited from gathering with more than five people at a time but the severity of the violation will determine whether someone receives a provincial or municipal ticket, Leendertse said. 

Provincial offences are priced at $750. 

"We know this is a tough time doing, we're doing our best to protect everybody," a spokesperson for Leendertse told CBC News.