Mayor Gil Brocanier and Members of Council
The Corporation of the Town of Cobourg
Cobourg, Ontario
Mr. Mayor and Members of Council,
RE:
Boulevard Garden 423 George Street
Notices
of Violation dated May 29,
2013 and July
10, 2013
By-law
028-2013
I am writing to express my objection to the
application and enforcement of the Town’s Boulevard By-law against my natural
garden on the boulevard in front of my property and specifically to the Town’s
actions on reported complaints filed against my garden under By-law 028-13, a
By-law to Provide Maintenance and Protection of Boulevards within the Town of Cobourg
I have received two notices of violation
which threaten that my garden will be cut down. Both identify the infraction of
the by-law as being that the vegetation on the boulevard exceeds a height of 8”.
No safety issues were identified in either notice from the Town of Cobourg
The boulevard garden in front of my home is
an expression of my views about supporting and enjoying nature in an urban
setting. My natural garden brings much joy to me and many passers-by and has
done so for many years. A number of strangers and area neighbours have
expressed to me their enjoyment of the garden over this time. I purchased my
home from my grandmother in 1989 and continue to undertake incremental improvements
to this designated heritage building and family heirloom. I was born into a
family of gardeners, farming families actually, with a tradition of close
connections with the land, and the environment. I am also a professional
landscape architect. A primary service of my practice of more than 25 years is
garden design and each garden is unique.
This particular boulevard garden located in
front of my home is in keeping with the gardening style and planting themes on
my property. This boulevard garden began to take shape soon after George Street George
Street
It is my understanding that courts have
ruled that growing and tending a natural boulevard garden is a legal right
protected by the freedom of expression we enjoy in Canada Cobourg
Boulevard
….2
In the legal case of Counter v City of Toronto
Tending to the boulevard garden is a way
for me to express my fundamental environmental beliefs, and I have always made
sure that the garden does not compromise public safety.
The boulevard natural garden in front of my
home also provides opportunity for learning, the sharing of environmentally
sustainable ideas - including resilient planting for water conservation which
the Town promotes - and for the simple and pure enjoyment of nature in an urban
context. As the steward of the lands adjacent my property I choose how I
maintain the land. My garden maintenance practices respect the environment, the
needs of people using the public right of way and practical municipal requirements
including snow storage from winter sidewalk and street maintenance. My
boulevard garden also acts to help calm traffic on a neighbourhood street
regularly used by drivers of vehicles as a short cut to avoid several
signalized intersections.
I do not see how a restriction of only eight
inches is necessary for public safety, and ask you to provide to me any studies
or explanation that the Town has to justify eight inches as a safety measure. I
doubt very much such justification exists. I am aware that many municipalities
in Canada
I would ask that the Town cancel these
Notices of Violation and inform me that they have been cancelled. I believe
that enforcement action against my natural garden by Town staff would be
breaking the law and violating my rights. I am prepared to defend my rights and
protect my garden. I would ask that instead of taking this legal enforcement
action, you work towards ensuring that we have regulations and related
procedures that are just for the benefit of all citizens of the Town of Cobourg
Sincerely,
Miriam Mutton
Attachment under separate cover: Counter v.
City of Toronto Decision
Copy: Lorraine
Glenn
McGlashon, Acting CAO
Northumberland
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