Pubdate: Tue, 19 Oct 2004 Source: Penticton Herald (CN BC) Copyright: 2004 The Okanagan Valley Group of Newspapers Contact: http://www.pentictonherald.ca/ Details: http://www.mapinc.org/media/664 Author: John Moorhouse Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) GROW-OP BYLAW ON ICE FOR NOW Penticton's Proposed Anti-Grow-Op Bylaw Is On Hold, Pending Further Review City council's committee of the whole voted unanimously Monday to refer the controversial issue back to city staff to gain input on the impact of similar bylaws in other B.C. municipalities The bylaw, which places more responsibility on property owners to guard against marijuana grow operations in their rental homes, has been criticized by many property owners and the South Okanagan Real Estate Board Jack Kler, the city's director of corporate services, said the municipality is mainly trying to highlight the issue "The intent of the bylaw is not to be punitive. . . it's to discourage the use of property within city limits for illegal activity, such as grow-ops," he said. "Our concern is to let it be known that this kind of activity is not condoned within the City of Penticton." Kler said the bylaw is meant to be flexible with regard to its call for landlords to inspect their rental properties every 90 days. He added that while the legislation allows for a maximum fine of $10,000, it's up to the courts to decide the actual amount of the fine upon summary conviction Coun. Rory McIvor urged council to postpone the matter to allow for more investigation, gaining input from other municipalities with such a bylaw, including its impact and possible successes. Municipalities which recently passed such legislation include Chilliwack, Abbotsford, Surrey, Port Moody and Port Coquitlam McIvor, a former justice of the peace, acknowledged there are a number of grow-ops and drug labs in Penticton. He views the bylaw as giving landlords some major options in safeguarding their properties "I think we should step back and look at the intent of this bylaw, which is to maintain a quality of law in our community," he said Mayor David Perry admitted he has been viewed as a lightning rod in his support of the bylaw, but backed the call for additional review. "I'm sure members of council don't want to be seen as deterring investment in Penticton," he said "I think the bylaw is well intended and is meant to deal with the problem we are facing in communities throughout British Columbia." Coun. GusBoersma suggested the city consider an education campaign for property owners about what to look for in regards to grow-ops "Myself, I don't even know what cannabis looks like," he said. "To send me as a landlord into a home, I'd say: 'Hey, you've got nice-growing plants here.'" Van Horne Street resident Dianne McEvoy, who has garnered 119 names on a petition protesting the proposed bylaw, lauded council's decision for further review with an opportunity for more public input "I think it's a positive that at least the councillors are willing to question it and send it back for review," she said afterward McEvoy said she will also seek more input from property owners in a bid to make suggestions on how to improve the bylaw from the landlords' point of view. - --- MAP posted-by: Derek