Waterfall rescue could cost you a $10,000 fine
The city will seek fines of up to $10,000 for trespassers requiring a rope rescue at Hamilton waterfalls.
“Anyone who is a repeat trespasser or causes a rope rescue will be issued a court appearance and we will be seeking a higher fine,” said city spokesperson Ann Lamanes.
Bylaw enforcement officers went to the hospital and issued a Part 3 summons to a hiker rescued Wednesday at Albion Falls while the woman was still being treated for minor injuries.
The summons is a more serious charge than the standard $135 provincial offences notice given to 51 trespassers at Albion Falls since heightened enforcement began July 17. Of those notices, 15 were given out the same day the woman was rescued. She was singled out for the summons because she required help. She will now have to appear in court and faces a potentially larger fine of up to $10,000 if convicted.
“The person that was rescued required the emergency services team to respond for over two hours to get her out of a prohibited area,” Lamanes said. “We have laid a more severe charge because of the impact this offender has had on emergency services and city resources.”
Less than two hours after the city announced it had issued the summons Thursday, a hiker required emergency help at Tew Falls in Dundas just after 4 p.m. A rope rescue was not required, but the woman was carried out in a basket.
The Hamilton Fire Department has expressed concern in the past about charging trespassers for the cost of rope rescues for fear it will deter those in trouble from calling for help.
Just over a year ago, Mountain Coun. Tom Jackson also spoke out against rescue fees. But he’s now had enough of trespassers ignoring the 215 metres of fencing and more than 30 warning signs at Albion Falls.
“My sympathy barometer is not as high as it used to be because I’m boggled by the fact people are just putting themselves at risk and hence putting our first responders at risk,” Jackson Thursday. “There’s got to be some way to stem the tide of the rope rescues that have been required and sadly in the extreme situations the deaths that have occurred.”
The most recent was June 10 when a Toronto photographer plunged to his death at Albion Falls.
“We’re trying to hammer home the point, ‘Please don’t go into a prohibitive area,’” Jackson said. “If somebody is going to put themselves in that area, there is going to be consequences to it.”
Jackson still doesn’t support charging the cost of rope rescues to trespassers but he agrees with the more severe penalty. The summons will go to anyone caught trespassing more than once or requiring a rope rescue even on the first time.
“It just might cause a greater amount of pause if they hear about this heavier fine and consequences,” Jackson said. “Since the increased number of rope rescues
If you enter the waterways or go to the bottom of the falls, you are breaking the law. ANN LAMANES CITY OF HAMILTON SPOKESPERSON
primarily over the last four or five years, many of my constituents have advocated for pushing for this harsher type of measure.”
It is also supported by Coun. Sam Merulla, who called it “regretful” the city has to seek higher penalties for those needing rescue.
“Zero tolerance speaks for itself,” Merulla said. “This is a necessary step to protect people from themselves and the poor decision these individuals make that has real impact on our city financially and the ability to respond to non-self-imposed real emergencies.”
While the Bruce Trail allows people to see Albion Falls, Lamanes says there are “no marked trails to allow anyone into the bottom of the falls.”
“The Parks Bylaw does not allow anyone to enter a prohibited area, scale the sides or be in the water,” Lamanes said in an email. “We ask people to respect the law and stay on the trail. If you enter the waterways or go to the bottom of the falls, you are breaking the law and putting emergency crews at risk.”
Bylaw enforcement officers are charging all trespassers found in prohibited areas at the east Mountain waterfall.
The public works department will install new map signs clearly identifying locations of trails, viewing platforms and other safe places to see the falls.
It will also mark where to park, which has been another major issue. Illegal parking has caused issues for emergency vehicles trying to reach those needing rescue at the city’s waterfalls. Over the past month alone, the city has issued 284 parking tickets at Albion Falls.