Toronto Star

Hamilton brings back $500 physical-distancing tickets

City council resurrects bylaw to cover any gaps in provincial regulation­s

- MATTHEW VAN DONGEN

Hamilton’s physical-distancing bylaw is back — and so is the $500 fine for getting too closefor-COVID comfort.

City council created a special pandemic bylaw in April that allowed municipal officers to ticket pandemic scofflaws for not respecting two-metre distancing rules meant to stem the spread of COVID-19. The bylaw also allowed for higher fines to be handed out to residents who trespassed in COVID-closed areas.

The original bylaw died at the end of July along with Ontario’s pandemic state of emergency. The bylaw didn’t see much use, either — only 24 distancing tickets were handed out over four months in total.

Still, council resurrecte­d the physical-distancing regulation in a special meeting Thursday so bylaw officers could start handing out tickets again if necessary.

It’s not as easy these days to figure out who is breaking pandemic rules, of course.

Ontario now allows “social circles” of up to 10 people who can hang out without distancing — and you can attend outdoor “gatherings” (while still distancing) with up to 100 people.

Acting licensing director Monica Ciriello said the bylaw is still needed to cover any “gaps” in provincial COVID law that is now more focused on “operator liability” when it comes to crowded businesses.

So where might you risk getting a municipal distancing ticket?

Well, if you’re at a bar and stubbornly ignore an operator’s plea to keep your distance, for example.

“We see this as a way to ensure the onus is also on individual­s to comply with the rules,” Ciriello said.

A crowded beach — which is not a “gathering” or event — could still be a risk for virus spread. So if a bylaw officer tells you to keep your sunbathing distance, know they have the bylaw ability to enforce that request.

The only other way to get a $500 ticket under the physicaldi­stancing bylaw is to “obstruct” a bylaw officer trying to carry out their pandemic duty.

A separate Hamilton bylaw, however, also requires most residents to wear a mask inside businesses unless they have a health or age exemption.

So far, Ciriello said bylaw officers have not handed out any masking tickets. But as of this week, the default “education period” is over.

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