Yonge Dundas Square -

Proposed Municipal Code Amendment

(Ward 24 - Downtown)

The Corporate Services Committee recommends the adoption of the following report (October22, 1998) from the Commissioner of Urban Planning and Development Services:

Purpose:

To present for approval an amendment to the former City of Toronto Municipal Code to govern the use of Yonge Dundas Square, as a condition of approval granted by the Joint Board (Ontario Municipal Board). To update City Council on the status of the design competition for the Yonge Dundas Square.

Financial Implications:

The adoption of a Municipal Code Amendment has no budget implications. Facilities and Real Estate and Special Events management of the new square including enforcement in accordance with the Municipal Code have no operating budget implications for 1999 and are being reviewed by staff for inclusion in the year 2000 operating budget proposals.

Recommendations:

It is recommended that:

(1)an amendment to the former City of Toronto Municipal Code respecting Yonge Dundas Square, substantially as set out in the Schedule attached to this report, be adopted;

(2)the Commissioner of Urban Planning and Development Services report directly to City Council at its meeting to be held December 16, 1998, for appropriate authorizations to contract with the winning team selected from the design competition for Dundas Square; and

(3)the appropriate City officials be authorized and directed to undertake the steps necessary to give effect to the foregoing, including the introduction of the necessary Bills in Council.

Background:

City Council's enactment of "A Nathan Phillips Square-type Municipal Code Amendment" which would govern the use of the new public square is one of the Joint Board's (Ontario Municipal Board constituted under the Consolidated Hearings Act) conditions of approval for the Yonge Dundas Redevelopment Project, approved by the Board on June 5, 1998 and endorsed by City Council on July 8, 9 and 10, 1998. The revised deadline for approval of the Municipal Code Amendment is November 27, 1998.

The Yonge Dundas Redevelopment Project now being implemented on the east side of Yonge Street at Dundas Street includes a new public open space. The main purpose of the open space is to provide the downtown commercial core along Yonge Street with a new public square which will provide a focus or new "sense of place" around which redevelopment will take place, revitalizing the surrounding area. The open space, which has been conceived as a public square, will provide views in all directions, provide an "address" for Ryerson Polytechnic University and encourage an increase in on-street pedestrian oriented activities and a place for programmed events. The square also contributes to the open space needs of this area of the downtown, an area recognized in the Official Plan as being open space deficient.

As part of the Joint Board hearing regarding the Yonge Dundas Redevelopment Project, evidence was heard about a variety of issues including experience gained at public squares throughout North America and Europe and the need to address public safety and programming. As public space is commonly governed by regulation, it was the evidence of the City at the hearing, that a by-law similar to the Nathan Phillips Square regulations would be adopted as a means to regulate the activities on the square. The Board made the adoption of a Municipal Code Amendment a condition of approval.

It is very much the intention to make the space a positive experience in the daily life of the City. As such, formal programming by the City and community organizations and passive use of the square as a gathering space or a respite from daily routines will be encouraged. It is important that the square work with new development to stimulate the renewal of this area of the downtown. For the health and safety of the public and for the orderly management and programming of the square, a series of regulations should be introduced. Misuse of the square for unsanctioned or criminal activity, not unlike any other public space, should be controlled by regulation and enforcement.

Regulation of the use of parks and public spaces through a permitting system is in place through the new City of Toronto, either through specific by-laws for particular spaces such as Nathan Phillips Square or Mel Lastman Square or through more general by-laws which govern parks uses and Council policies and guidelines on the use of public space.

A generic Municipal Code amendment, in the form of a draft by-law and modeled on Nathan Phillips Square regulations, is attached as a schedule to this report for consideration by Council. The Commissioner of Corporate Services will have jurisdiction over this as a facilities and real estate management matter.

Draft By-law Provisions:

The attached draft by-law amends the former City of Toronto's Municipal Code by adding a new Chapter 270, Public Squares. This format reflects the fact that the official name of the public square has not been determined yet. This format also contemplates the future harmonization of the by-laws and policies on the use of the City's public squares in one by-law.

The draft by-law governs the use of the proposed public square in the same manner as the other public square by-laws. The by-law prohibits certain general activities that are incompatible with the use of the square, for example, lighting fires, and prohibits other activities unless they are in accordance with the terms and conditions of any Council permission or a permit issued by the Commissioner of Corporate Services. The draft by-law is similar to the Nathan Phillips Square By-law in the former City of Toronto's Municipal Code Chapter 237, Nathan Phillips Square. The draft by-law incorporates the permit provisions included in Chapter 237 under which the Commissioner of Corporate Services is authorized to issue certain permits.

While Yonge Dundas Square is a public space, it is not a square associated with a city hall or civic centre and as such, certain uses such as leasing, licensing, and various commercial uses, either associated with events or not, may be appropriate. Given that a policy review of the implications of commercial uses on public space is appropriate, commercial prohibitions have been reserved in the draft by-law.

In addition to reviewing the commercial use provisions, the regulations will be further adjusted based on a specific design for the square once the design has been determined later this year. The square will contain certain elements related to the Toronto Parking Authority below-grade garage and the TTC Dundas Station entrance including entry points and signage. It is anticipated that organizations such as Tourism Toronto and the Toronto Theatre Alliance (T.O.TIX outlet) will be users of the space, in some form of kiosk facility, including potentially the Yonge Street Business and Resident Association, the Toronto East Downtown Residents Association and Ryerson Polytechnic University.

As there are issues of health, safety, property management and programming, the draft by-law has been circulated to the following representative organizations and agencies. Several of these groups have participated in the Technical Advisory Committee, the Community Committee and the Safety Focus Group related to the design process for the square:

Yonge Street Business and Resident Association (YSBRA)

Toronto East Downtown Residents Association (TEDRA)

Ryerson Polytechnic University

Works and Emergency Services:

Toronto Police Service

Municipal By-law Enforcement

Corporate Services:

Facilities and Real Estate Division

Economic Development, Culture and Tourism

Special Events

Task Force on Community Safety

Urban Planning and Development Services:

City Planning

Municipal Standards

Comments from these groups have been taken into account in formulating the draft by-law.

Status of Dundas Square Design Competition:

At its meeting of August 21, 1997, the former City of Toronto Council authorized a design competition for Dundas Square (Clause 15, Report 19 of the former Executive Committee). In order to advance the final design for both the square and the Toronto Parking Authority garage located below the square, which is proceeding through Site Plan Approval, the design competition process for the square has been initiated. In accordance with the standard design competition procedures of the former City of Toronto, a professional advisor, Joe Berridge from Urban Strategies Inc., was retained to prepare a two-stage competition. Consultations were held with a Community Committee and a Technical Advisory Committee, and a Safety Focus Group was held.

The competition was announced on September 9, 1998 with a deadline for submissions on October8, 1998. 78 firms registered for the competition and 48 proposals were submitted. Stage One of the competition is now complete with six short listed teams starting work on design proposals for the square. On December 1, 1998, a five-member professional international jury will select the winner of the competition. The winning team will be reported to Council for authority to enter into a contract with the City to provide design consultant services for the project based on the winning scheme. It is recommended that I report directly to City Council at its meeting to be held December16, 1998, for appropriate authorizations to contract with the winning team selected from the design competition.

Conclusion:

The harmonization of by-laws and policies for public squares will not be completed for some time. Under the circumstances, and in order to comply with the approval conditions of the Joint Board, the proposed public square in the Yonge Dundas Redevelopment Project should initially be regulated in a manner similar to Nathan Phillips Square. The proposed square should be under the jurisdiction of the Commissioner of Corporate Services and regulated by a specific by-law instead of the Uniform Parks By-law (Municipal Code Chapter 255, Parks).

Contact Name:

Gregg Lintern

Senior Planner

South District, East Section

Tel: 392-7363

Fax: 392-1330

E-Mail: glintern@city.toronto.on.ca

Christina Cameron, Legal Services

392-7235

Reviewed by:

Paul J. BedfordVirginia M. West

Executive Director and Chief PlannerCommissioner of

City Planning DivisionUrban Planning and Development Services

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Schedule

Authority:

Enacted by Council:

CITY OF TORONTO

Bill No.

BY-LAW No.

To amend the former City of Toronto Municipal Code by adding Chapter 270,

Public Squares.

WHEREAS under paragraph 52 of section 207 of the Municipal Act a municipality may pass by-laws for exercising all or any of the powers that are conferred on boards of park management by the Public Parks Act; and

WHEREAS Council has determined that the proposed public square in the Yonge Dundas Redevelopment Project should be under the jurisdiction of the Commissioner of Corporate Services and regulated by a specific by-law instead of the Uniform Parks By-law (Municipal Code Chapter255, Parks);

The Council of the City of Toronto HEREBY ENACTS as follows:

1.The Municipal Code of the former City of Toronto is amended by adding the following chapter:

Chapter 270

PUBLIC SQUARES

§ 270-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

COMMISSIONER -- The Commissioner of Corporate Services.

COMMUNITY COUNCIL -- The Community Council for the part of the urban area in which the square is located.

PERMIT - Any written authorization of Council, or the Toronto Community Council or the Commissioner, under delegated authority.

PERMIT ZONE -- Any part of a square that is designated by shading on a map in Schedule A at the end of this chapter.

SQUARE -- The land delineated by a heavy line on a map in Schedule A at the end of this chapter.

§ 270-2. Prohibited activities.

No person shall, within the limits of a square:

A.Climb or be on any, tree, roof of a building or any part of a building, structure or fixture, except any portion which is a public walkway.

B.Set off fireworks except a theatrical special effects pyrotechnics under Class 7.2.5 of the Federal Explosives Regulations as authorized by permit.

C.Reserved

D.Stand on any receptacle or container for plants, shrubs or trees.

E.Wear any ice skates other than on the part of a square that is physically laid out and intended for use by the public as an ice rink area.

F.Drop or throw any object from a roof of a building.

G.Throw or in any way propel any stone or other missile or projectile in a manner which may cause injury or damage to or endanger any other person or property or which interferes with the use and enjoyment of a square by any other person.

H.Light any fire.

I.Ride or stand on any skateboard, roller skate or roller blade.

J.Release or hand out helium-filled balloons.

K.Light or carry any candle or torch, except a light stick.

§ 270-3. Activities requiring permits.

No person shall, within the limits of a square, except in accordance with terms and conditions of any permit:

A.Solicit for or engage in any trade, occupation, business or calling, including producing, manufacturing, selling or offering for sale any goods, wares or merchandise, but this subsection does not apply to the sale of newspapers.

B.Sell items by registered charities and not-for-profit organizations.

C.Ride a bicycle.

D.Drive or park any motor vehicle.

E.Use any apparatus, mechanism or device for the amplification of the human voice, music or other sound, or any sound-producing or noise-making instrument or device.

F.Camp or erect or place a tent or temporary abode of any kind.

G.Erect or place a tent, device, booth or structure of any kind.

H.Affix any signage, flyer, fabric or other substance to any building, walkway or column.

I.Set off any theatrical effects pyrotechnics under Class 7.2.5 of the Federal Explosives Regulations, and:

(1)Any application for a permit to set off these types of fireworks is subject to the approval of the Chief Fire Official.

J.Display an exhibit of any kind.

K.Carry on or engage in a demonstration of any sport.

L.Present or take part in any dramatic, musical, artistic or other performance; and

(1)Poetry reading is deemed not to be an artistic or other performance within the meaning of this subsection, but is deemed to be public speaking.

M.Reserved

§ 270-4. Submission of permit applications.

All applications for a permit for the use of a square shall be submitted to the Director, Special Events Division, who shall be responsible for:

A.The management, design, development, delivery and monitoring of City events on a square; and

B.The facilitating and monitoring of all other events on a square.

§ 270-5.Permit zone permits.

A.The Commissioner shall issue permits, for activities or things within the permit zone, to:

(1)Carry on, engage in or do any of the activities or things in § 270-3I, J, K orL.

(2)Drive and park any motor vehicle on a square when it is essential to facilitate an event upon the following conditions:

(a)The motor vehicle is escorted by an employee of the City who walks in front of it.

(b)The motor vehicle operates with flashing lights.

(c)The applicant provides a certified copy of a certificate of insurance, satisfactory to the Chief Financial Officer, in which the City is a named insured and is indemnified against all liabilities which may in any way arise from the motor vehicle being permitted on a square.

(3)Use of any public address system, amplifier, loudspeaker or any other similar instrument or device upon the following condition:

(a)If the instrument or device is under the control of an employee of the Corporate Services Department and, if owned by the City, the applicable charge is paid for the employee's services.

(4)Erect any tent for the enhancement of events and for the provision of shelter from heat or inclement weather during the event upon the following conditions:

(a)Any necessary permits are first obtained from the Chief Building Official.

(b)The tent is erected and secured by a professional tent erection company so that:

[1]The slabs on a square are not damaged; and

[2]All fastening devices are clearly marked.

[3]The applicant provides a certified copy of a certificate of insurance, satisfactory to the Chief Financial Officer, in which the City is a named insured and is indemnified against all liabilities which may in any way arise from the tent being permitted on a square.

(5)Erect or place a platform, dais or similar structure or device.

(6)Reserved

(7)Reserved

B.Sale of certain items.

(1)An applicant for a permit for an activity under Subsection A may also apply for permission, for the number of persons specified by the applicant, to sell or distribute items such as but not limited to buttons, t-shirts, books, magazines, literature or other publications, during the event and if the sale of the items is directly related to the activity.

(2)Where a permit is issued for an activity under Subsection A, the Commissioner shall also issue identification markers for each person for whom permission has been sought to sell or distribute items during the activity, and no provision of this chapter shall apply to prevent the sale or distribution of any such item during the activity by a person displaying the identification marker if the sale or distribution of the item is otherwise lawful.

C.No permit shall be issued for any of the activities or things described in Subsection A to a person who has been charged under any section of this chapter if the proceedings resulting from the charge have not been finally terminated.

D.Reserved

E.Despite any other provision of this chapter, the playing of unamplified musical instruments is prohibited during an activity for which a permit has been issued unless prior permission has been granted by the Commissioner, by the Toronto Community Council or by Council.

§ 270-6. Permit restrictions.

A.No permit shall be issued by the Commissioner under § 270-5, and despite the issuance of a permit no person shall carry on, engage in or do, any activities or things described in § 270-5A:

(1)If the period and place have been in whole or in part previously approved under a permit issued to another person; or

(2)If the place is:

(a)Physically unfit for use by the public due to conditions caused by the weather or arising out of or related to square maintenance or development.

(b)A garden or grassed area.

B.Whenever a permit is not issued for any reason in Subsection A, a suitable alternative period and place shall be offered by the Commissioner to the applicant.

C.Despite Subsection A, if the Commissioner is of the opinion that the carrying on, engaging in or doing of any activity or thing referred to in § 270-5A may, if permitted, lead to or result in injury to persons or damage to property, a permit shall not be issued, but the Commissioner shall report the matter to Council for its decision.

§ 270-7. Denial of permit; appeal.

A.Where the Commissioner determines that an application for permit as received does not comply with the provisions of this chapter, or the policies of Council, an applicant may appeal the refusal to the Community Council.

B.Where an applicant has appealed the Commissioner's refusal to the Community Council, the Community Council, after affording the applicant, any objectors and any other interested persons the opportunity to be heard on the matter, shall recommend to Council whether a permit should be granted, but a permit shall not be recommended or granted unless the Community Council or Council is of the opinion that the application complies with the provisions of this chapter and the policies of Council.

§ 270-8.Reserved

§ 270-9. Compliance with Human Rights Code.

Persons or organizations seeking to hold events on squares shall sign a declaration stating that:

A.In the services that are being provided to the public or by the person or organization seeking to hold the event, the person or organization complies in all respects with the Ontario Human Rights Code.

B.Any event to be held on a square shall be open to all persons interested in attending the event.

§ 270-10. Exempt activities.

This chapter does not apply to:

A.The driver, operator or crew member of an ambulance or police or fire department vehicle, or the rider or attendant of a police department horse, while in the performance of his or her duty.

B.An employee of the City while doing work or performing services for or on behalf of the City.

C.A person hired or engaged by the City to do any work or perform any services within the limits of a square.

D.A person engaged in location filming during a period and at a place as have been first approved in a permit issued by the City's Film Liaison with the approval of the Commissioner if the activities under the permit are carried on, engaged in or done during the period and at the place and in a manner consistent with the permit.

§ 270-11. Right of entry.

In addition to any penalty provided by this chapter and subject to the provisions of this chapter, the right of any person to enter or be upon a square is conditional upon the person's refraining from carrying on, engaging in or doing any activity or thing that is prohibited under this chapter.

§ 270-12. Offences.

Any person who contravenes any provision of this chapter is guilty of an offence and, on conviction, is liable to a fine of not more than the maximum fine under section 61 of the Provincial Offences Act.

ENACTED and PASSED this ______ day of ______________, A.D. 1998.

_____________________________________________________________

MayorCity Clerk

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(A copy of Schedule A, attached to in the foregoing report, was forwarded to all Members of Council with the November 9, 1998, agenda of the Corporate Services Committee, and a copy thereof is also on file in the office of the City Clerk.)