Vancouverites planning on balcony makeovers may want to consider how the changes will impact their neighbours.
While the City of Vancouver doesn't have specific regulations focused on decorations or conduct on patios or balconies, it does have bylaws concerning how patio decorations and furniture impact neighbours.
Residents must also consider their specific building's rules regarding what they may have.
Vancouver Criminal Law Lawyer Kyla Lee tells V.I.A. people may want to reconsider decorating with "unsightly furniture, political slogans/signs, garbage, or other types of expression on the balcony" depending on strata rules.
Beyond these rules, residents may get into trouble decorating with "images, words, or anything that could be considered obscene," she adds.
In Canada, anything may be considered obscene that exploits sex, crime, horror, cruelty, or violence. Exposing obscene material is considered an offence.
"Even things that aren't purely pornographic may get you into trouble," she notes. "So anything that may fall within the definition of that could land you with a criminal charge or a call from police."
Signs and banners on Vancouver patios and balconies
The city's sign bylaw applies to signs on private property, including residential property.
According to the bylaw, signs may not interfere with the flow of traffic, obstruct or interfere with the natural lighting, air intake or ventilation of a building, cover or obstruct an architectural feature, be constructed or installed in a way that damages or may damage a tree, emit sound or noise, or display flashing, blinking or intermittent lights or illumination.
The bylaw does not apply to signs located inside buildings that aren't visible from a street.
A spokesperson for the city told V.I.A. that when the city receives a complaint about a sign on private property, they send a Property Use Inspector to visit the property and review it. The city determines what it will do next on a "case-by-case basis and with consideration to freedom of speech."
However, many building strata have specific bylaws regulating lights, signage, and decor. Residents should contact their building managers or strata council directly if they are uncertain about a sign they plan to put on their property.
Lee says Canada's Freedom of Expression rights are "very broad" and political expression is protected. People can generally have a political statement visible from their balconies provided it doesn't break their strata rules.
"The types of justifiable restrictions would be protecting against hate speech or advocating genocide, but those are separate crimes in and of themselves," she notes.
Is there such a thing as too many Christmas lights?
Locals love decorating their properties for the holidays and many people keep lights up on their balconies year-round. However, the city has rules concerning bright lights on private property.
The untidy premises bylaw stipulates that an owner or occupier of a property shall not place an outdoor light fixture in a way that directly casts light onto a window or other opening of a neighbouring residential property or one across the street. Similarly, lights that unreasonably disturb a neighbour's comfort are not permitted.
Typically, Christmas lights do not emit enough light to disturb neighbours but this may vary by brand and style. Also, having a balcony packed full of lights - even duller ones - may appear unsightly.
Patio behaviour
In addition to keeping their patios and balconies clean, renters and homeowners must also ensure they don't impact their neighbours with noise or smoke on patios.
The city's noise bylaw requires people to keep noise at a level that doesn't disrupt neighbours, whether that noise is coming directly from people talking, playing music, or from items they keep on their patio.
The city’s health bylaw also has a smoking ban that covers private patios. A person must not smoke within six metres measured on the ground from a point directly below any point of any opening into any building including any door or window that opens or any air intake.
