How far is too far? That is the question many people are asking about Taber’s controversial new bylaw.
About a month ago the Town of Taber made international news when council passed what many people are calling the Kevin Bacon bylaw.
The bylaw received the moniker due to its similarity to one portrayed in the popular 1984 movie, Footloose.
In the movie, Bacon’s character moves from Chicago to the small fictional, farming community of Beaumont, which has passed a bylaw forbidding swearing, loud music and dancing.
It seems Taber town council may have been inspired by the movie when it passed its own version of the bylaw.
Like Beaumont, Taber’s bylaw outlaws swearing, spitting and yelling in public. The bylaw also outlaws panhandling, loud noises and graffiti.
In addition, the bylaw gives police the power to break up and ticket gatherings of three or more people and imposes a 11 p.m. curfew on children and teenagers.
Fines range anywhere from $75 for spitting to $7,500 for a repeat graffiti offender.
Opponents of the bylaw say the language of the law is too ambiguous and too much power is placed in the hands of the individual police officer.
For example, there is no definition of what constitutes a swear word. It is left up to the judgment of the individual police officer. Nor are individual property rights taken into account.
The bylaw defines a public place as “any place, including privately owned or leased property, to which the public reasonably has or is permitted to have access.”
In theory, a person could receive a ticket for graffiti, swearing, etc., even if the property owner consents to the actions on his or her own private property.
Taber’s Mayor Henk De Vlieger, said the bylaw will only be enforced in extreme circumstances and that it will be reviewed by council after six months.
The problem for opponents of this type of bylaw, is that fines, regardless of what type of law they are attached to, have proven to be effective.
In 2013, Lacombe, enacted a bylaw very similar to the one in Taber. In fact, in many cases, Taber council just copied and pasted Lacombe’s wording into their bylaw.
According to Lacombe’s Police Chief Steve Murray, the crime rate has dramatically decreased in a number of categories since the bylaw was enacted. Criminal mischief, including vandalism, is down 33 per cent; public disturbance calls, down 30 per cent; criminal harassment and bullying, down 27 per cent.
Here in Barrhead this winter, the town instituted a zero tolerance policy for winter violations. If a person who parks in a restricted area when the town is clearing snow, they will receive a ticket and not a warning. The same can be said for people who don’t clear the snow off their sidewalk in a timely manner. It will be interesting to see if these fines decreased the number of infractions this winter.
However, the question remains, how far is too far when it comes to legislating people’s behaviour? And more importantly, will opponents of the bylaw be successful in convincing Kevin Bacon to come to Taber and host a dance outside the town in protest?
