THUNDER BAY — With the city's boulevard garden by-law going back for one more revision before ratification in the new year, advocate Kyla Moore was hoping administration would be a little more open to trimming some weeds.
“The whole Bylaws for Biodiversity movement that's happening nationally, we're a part of it, and I'm hoping Thunder Bay comes out as a leader and then we have something we can be proud of here when it's all said and done,” Moore said.
Administration has been tasked by council to research four possible changes to the proposed bylaw: allowing shrubs within the height restrictions and appropriate setbacks, increasing the height restriction from the tops of planter boxes to one metre, allowing plant supports, and restricting all pesticides, herbicides and fertilizers, if enforceable.
City manager John Collin said during the council meeting on Mon. Dec. 16 that administration will not budge on exceeding a one-metre length restriction, except possibly for plants in a planter box.
For example, if a tomato plant is planted in a box, the measurement of the plant starts at the top of the box.
Therefore, according to climate specialist Danielle Thom, the measurements would allow for a 1.6 metre height limit since the planter box cannot exceed 60 centimetres.
Moore told Newswatch “it's unfortunate” that the city is sticking to the one metre height rule, but understands the concern for safety.
Her ask was not to completely change the rule, but for administration to look at building in exemptions to the rule where it would apply.
“We want to make sure that what we have going on the boulevards isn't gonna be a hazard for visibility for traffic and pedestrians but on the other hand, there are so many situations where 1 metre doesn't make sense,” Moore said.
She uses an example of Brad Smith’s deputation and his planter box was on his corner property.
“I've been there myself. There are no hazards whatsoever and his plants are growing much taller than a meter,” said Moore.
“I would hope that there was some kind of allowance built in for the situational considerations that exist across the city."
With a lot of opinions to consider, Thom told Newswatch, “we're gonna have to find more of a middle path going forward, because there are accessibility issues. That’s kind of at the root of why we haven't done these things already because there was that pushback. We're trying to take feedback from every group and weigh it equally, but some safety concerns just cannot be weighed equally,” Thom said.
She explained staff will need to speak to the accessibility advisory committee to see if they can strike a balance between safety and passion for gardening. This will have to be done in a way where the sidewalk is still accessible, eliminating possible tripping hazards, and possible obstruction of sight lines near reads.
Another point the city will not budge on is registration. If the bylaw passes, homeowners will have to declare their boulevard garden with the city.
Under the first draft of the bylaw, the wording in the bylaw would have gardeners register with the city, but Thom noted that the wording was not too well received by the public.
“I think a lot of the concern around this is that the gardens that are existing wouldn't be compliant when you go and register," said Thom.
"The registration is gonna be very simple and easy though. We will ask you to comply with the rules that are in the bylaw. But that's why it's taking so long to get this going because we acknowledge that these gardens have happened or have been existing for a long time without little to no interference.”
She said the declaration will be free and there will not be an approval process. Gardeners will check a box stating they acknowledge and understand the bylaw.
“And then you would simply leave a name and the address that that boulevard is adjacent to. It would be nothing other than that,” Thom said.
Moore, on the other hand, said that other cities are moving away from the registration process entirely and opting for more education for the public on what they can and cannot do on the boulevards.
“If so many other cities can do it safely, then I feel like our city can – there's precedent there. And that's why all of the asks that I had brought to city council are based on what already exists in other bylaws elsewhere. If another city can allow the residents to read the guidelines and go plant, I don't think it's necessary to have a declaration,” Moore said.
Moore pointed out that she sees benefits to a declaration. It would help the city notify homeowners quickly about upcoming planned work. This would allow gardeners time to salvage their plants, but she would prefer voluntary registration.
Moore calls the declaration process a “disincentive to encourage people” to create a garden.
Another piece to the amendments was the prohibition of chemicals like pesticides and rodenticides.
“This is city-owned and the city is responsible for the public shared space, and I think that that would be very wise to restrict the use of pesticides and herbicides and fertilizers and educate people on how to do natural gardening methods, organic fertilizers and things like that,” Moore said.
The banning of chemicals was not drafted into the bylaw because, according to Thom, “it feels like an overreach if we can't necessarily enforce that.”
Thom said they are planning to implement the ban moving forward, but enforcement will heavily rely on educating the public.
“A lot of people are used to using these materials and they're used to using these chemicals and they're not necessarily reading what it's intended for and what it's used for,” said Thom.
“I think it's a lot of miscommunication and without a strong education piece or any education in general that would fall to the wayside."
Thom said education was always going to be a part of the process because bylaws often aren't "plain and simple” to read.
