Enacted last year, the nuisance party bylaw is again being enforced to prevent unsanctioned and destructive fake homecoming street parties
Last September, the nuisance party bylaw was passed by the Hamilton municipal government in response to an unsanctioned homecoming street party in 2021.
Homecoming street parties in 2021, unaffiliated with McMaster University's official football homecoming, resulted in the flipping and destruction of an undergraduate student’s car. This incident along with other reckless activities sparked the nuisance party bylaw initiative in the following year, led by Ward 1 Councillor Maureen Wilson.
The bylaw defines a nuisance party as featuring public disorderly conduct, public drunkenness or intoxication and damage to or destruction of public or private property, among other criteria.
The nuisance party bylaw remains in effect and will be enforced from Sept. 14, to Oct. 1, 2023. Under the University Safety District Initiative, a zero-tolerance zone was outlined within student neighborhoods where bylaw infractions result in higher fines.
The nuisance party bylaw remains in effect and will be enforced from Sept. 14, to Oct. 1, 2023. Under the University Safety District Initiative, a zero-tolerance zone was outlined within student neighborhoods where bylaw infractions result in higher fines.
Set penalties for failing to comply range from $300 to $500. If you are charged and convicted under the nuisance party bylaw within a zero-tolerance zone, you can face a fine up to $10,000 as a first offender and $25,000 as a repeat offender.
McMaster Students Union president Jovan Popovic shared thoughts on the bylaw. Popovic explained that the MSU has some concerns about the lack of specificity in the bylaw regarding how it will continue to be enforced.
“We believe that this causes potential for abuse of power and ultimately could really, really negatively impact students,” said Popovic.
Last year the nuisance party bylaw was enforced by the presence of Hamilton law enforcement during fake homecoming festivities. Hamilton police were present Westdale and Ainslie Woods streets known to garner larger crowds of students.
However, it has not been announced if this will continue to be the method of enforcement this year and to what extent.
“While we are supportive of students enjoying their time here and doing things that continue to create a stronger sense of community, the area where the line is drawn is ultimately where danger comes into play. . .as long as there is peaceful enjoyments, as long as people are being mindful and considerate of their community, as I know a vast majority of McMaster students are, we see no issue,” said Popovic.
The area where the line is drawn is ultimately where danger comes into play. . .as long as there is peaceful enjoyments, as long as people are being mindful and considerate of their community, as I know a vast majority of McMaster students are, we see no issue.
Jovan Popovic, president, McMaster Students Union
For more information on the nuisance party bylaw, visit the Silhouette for coverage from homecoming 2022.
With fake homecoming readily approaching, the city needs to consider the consequences of implementing the nuisance party bylaw
Last year, the city of Hamilton implemented the nuisance party bylaw in response to the rather infamous and disastrous fake homecoming party that took place in 2021.
The bylaw, which makes it illegal to promote, host, attend, permit or refuse to leave a nuisance party, leaves students facing penalties upwards of a whopping $25,000 if charged with an offence.
Despite McMaster University’s efforts to dissuade students from attending nuisance parties and the new regulations put in place to deter gatherings, thousands gathered in the streets of Westdale and Ainslie Woods last year for yet another FOCO. Though calmer in comparison to the events of 2021, last year’s unsanctioned homecoming party resulted in nine arrests and 16 bylaw charges were issued to people involved in the gathering.
Heavy police presence and enforcement of the bylaw didn’t seem to make a significant difference in the outcome of FOCO. Instead, countless taxpayer dollars were spent policing an event that still resulted in property damage, unhappy Hamilton residents and repercussions for McMaster students.
As potential FOCO parties approach, Hamilton and McMaster should consider the effectiveness and implications of the nuisance party bylaw.
While the city of Hamilton has outlined several key limitations of the bylaw — this includes the hefty costs associated with policing, challenges with determining an individual’s involvement with promoting or causing a nuisance party and identifying property owners who are victims of trespassing — there are other factors that need to be taken to account.
Other cities such as Waterloo, London, Guelph, Brampton and Kingston have also implemented similar bylaws, providing precedence to Hamilton’s circumstances. Members of these communities, however, have indicated that the bylaws are largely ineffective in preventing large gatherings from occurring and tend to compromise student safety in the process of prioritizing the needs of other community members.
But students are also vital members of Hamilton’s diverse community. Their safety and well-being matters, begging the question of whether the bylaw is more harmful than helpful for all stakeholders involved.
With the bylaw in effect, Hamilton’s resources continue to be thrown away for the sake of preventing gatherings that, regardless, continue to happen and wreak havoc. For students, there is fear on the streets during FOCO as incidents of wrongful ticketing and police involvement in breaking up parties put student safety at risk.
Not to mention, a great deal of people who attended and caused property damages during previous FOCO parties weren’t McMaster students. Yet, the university and its students bear the brunt of others’ actions with the bylaw in effect.
For the university, the events of 2021, covered by several media outlets across the country, have already stained the institution’s reputation and the bylaw only continues to stigmatize the McMaster’s community.
It is also worthwhile to mention that because the FOCO events following the years of the pandemic were unsanctioned, they occurred in uncontrolled environments that allowed reckless behaviour and welcomed students from outside of the McMaster community.
Students have voiced the need for sanctioned homecoming parties and events led by the university, like those hosted prior to the pandemic, to ensure McMaster students can attend and enjoy these memorable and exciting gatherings in a safe and controlled space.
While both the city and Hamilton seem to be following the same protocols from last year, it’s time they weighed the pros and cons.
Hamilton’s nuisance party bylaw is simply unhelpful. Hamilton and McMaster need to look to more effective solutions that seek student and wider community input before further community resources – that could be better spent elsewhere – are squandered over their impractical approaches.
More than 2,000 maroon-clad students ventured to Dalewood Avenue last Saturday to celebrate McMaster’s first ever “Fake Homecoming” or FOCO, one of the largest student street parties that the university has seen in years.
FOCO was planned in response to the university’s decision to move its annual Homecoming event to the weekend of Oct. 18, overlapping with the end of reading week.
The unsanctioned street party began as a Facebook event called “MAC FOCO 2019 - A new beginning”. According to the page, it had over 2,700 attendees. The party coincided with the McMaster Marauders’ 47-19 win against the Windsor Lancers.
While the reason for the timing change is likely due to the 2019 football schedule, students took it upon themselves to organize a replacement Homecoming event that satisfied their own schedule.
The Facebook event description stressed that although the McMaster administration had decided to move HOCO, this would not stop students from taking advantage of an opportunity to celebrate. Visitors to the page were told to come to Dalewood on Sept. 21 and show their school spirit.
The event attracted the attention of the Hamilton Police and the McMaster administration. A day before, both parties stated in a press release that they were visiting residences to remind students to respect the community.
The Hamilton police noted that they — as well as city partners — would have an increased presence in the neighbourhood to discourage anything and anyone that might be disruptive. Particular emphasis was placed on forbidding large parties and alcohol on the streets.
HOCO has a history of safety concerns and in previous years, there have been issues of students publicly urinating and disrupting neighbors and making inappropriate comments during HOCO concerts. In addition, one woman was run over by a police horse during Homecoming in 2018.
Fortunately, FOCO did not run into such problems. Hamilton Police closed off Dalewood between Main Street West and Westwood Avenue and used caution tape to section off homes not housing students or interested in participating. With the exception of a few medical calls and bylaw tickets, the police made no arrests.
Students remained respectful and enjoyed their time day-drinking on front lawns and walking down the street. Some students even helped clean the street after the parties subsided, earning the gratitude of the Hamilton Police. In addition, the MSU planned a litter pick-up on the street for the Sunday after.
On Twitter, the Hamilton police wrote, “A special thanks to these #McMasterU students for taking the time to clean up after today’s unsanctioned homecoming event in the Ainslee Wood/Westdale area in #HamONT. Thanks for being #good neighbours.”
FOCO also drew in other students from outside Hamilton.
“It was lit. I had a really fun time and I wasn’t worried about anything. Overall, it was really relaxing,” said Trevor Chang, a third-year Laurier student and regular HOCO participant.
The success of FOCO has encouraged some students to plan a similar event next year should McMaster’s annual Homecoming fall during reading week once again.
“It’s a cultural thing. Of course there will be another FOCO. If we want to, university students are going to plan something like this again,” said a McMaster student who wishes to remain anonymous.
Regardless, the event supports the possibility of over 2,000 McMaster students attending an entirely student-run Homecoming event with no major issues.
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