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Archive for the 'Legalities' Category

Warranty void if removed

I picked up this shiny new hard drive (1 terabyte!)  yesterday and was a little perplexed to see Seagate’s new warranty terms on the static bag. It seems that if I remove the drive from the packaging to, you know, use it or something, I’ll void my warranty. Quite the conundrum.

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Warped perceptionI stood on a North Toronto street earlier this week pondering the question that you had just tossed in my direction. If only I hadn’t left my “Non-Weirdos of Canada Club” membership card in my other pants.

This was the second time in about three years  that someone has challenged me for taking pictures on the street. The previous occasion involved a business owner on the Danforth who became quite belligerent after I took a picture of a ghost sign directly above his establishment. By the time he said he was going to call the police on me, I said that I was feeling threatened enough to call them myself, and pulled out my phone to do so. Unsurprisingly, he skulked away when I started dialling. Also unsurprisingly, the business—new at the time—lasted less than two months.

That experience came flooding back into my mind as you continued, “I’m going to go inside now and call the police…” If you’re serious, I’ll wait right here for them. You’ve essentially handcuffed me anyway; if I use this as my opportunity to walk away from your accusations,  it’ll just heighten your suspicions.

Why is it exactly that having a camera and taking pictures in public places marks someone as a weirdo? Or, more commonly these days, a terrorist? Good thing I didn’t have a “professional camera” with me. And even if I am some kind of weirdo, what exactly do you think I’m going to do when I get home with my illicit booty consisting of a picture of a quiet residential street?

“You can’t just go around taking pictures of people…” Actually, yes I can. If I’m standing on the sidewalk, I can take a picture of anyone or anything I can see. I may or may not be able to publish it, but there’s no law preventing me from taking it. That said, there are almost never people in the on-the-street pictures I take, simply because some people don’t like it and I really don’t want to deal with the hassle. Cars and rocks don’t usually get offended when they find themselves in front of my lens. I frequently go out of my way to keep people out of my pictures, and there certainly weren’t any in the two pictures you just watched me take.

“It’s an invasion of privacy…” Cars and grass have no privacy rights. Sorry.

“I can’t just let you come around here, taking pictures of kids…” Excuse me? Do you see any kids anywhere around here? I certainly don’t. I understand that you’re concerned for your children, but don’t accuse me of endangering them by taking a picture of something else entirely while they’re inside a school at least two blocks away.

“Our house was robbed a couple of months ago…” I’m sorry to hear that. Mine was broken into a few years ago and I know how terrible it feels. But I don’t see what that has to do with me unless the guy who broke into your place was armed with a point-and-shoot camera.

“If I see you in the neighbourhood again, acting all weird…” Can you define weird for me? I work just a couple of blocks away and this is on one of my regular commuting routes, so you’re pretty likely to see me again. Carrying my camera and stopping every once in a while to take pictures, is that weird? You might as well just call the police now and get it over with.

“How’d you like it if I took a picture of you?” How do I know you’re not some kind of weirdo? But seriously, go ahead. I’ll even pose for you. You’re welcome. We really should have turned around so that the sun was in front of me; you won’t get any detail in my face with that shot. Oh well.

“Where do you live? How’d you like it if I came to your house and harassed you?” Five minutes ago, I would have been happy to introduce myself and tell you all about what I do with the pictures I take in residential neighbourhoods. I even would have pointed you to this blog. But now that you’ve announced your intention to harass me, no thanks.

“Next time, you should just take your pictures and then leave.” Hmm, that’s exactly what I was doing when you drove your car in front of me and started treating me like a criminal for having a camera. If I’m guilty of anything, it’s of attempting to respond to your questions even though it’s clear you’re not interested in the answers.

But now that I’ve had some time to think about it, let me get back to your original question. Simply put, you don’t know that I’m not a weirdo. And you never will. But I can assure you that carrying a camera, or walking in a residential neighbourhood, or riding a bike, or wearing a purple t-shirt, or even not shaving for a week (guilty!) doesn’t make me any more or less of a weirdo than if I didn’t do any of those things. It’s a sad statement on the state of our society when the mere act of taking pictures is enough to make me a suspect in some imagined crime. Anyway, I’m sure I’ll see you around the neighbourhood again, but it won’t be by my choice.

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 Boldly going where no pedestrian has gone before

I’ve long thought that there must be some provincial regulation requiring municipalities to install pedestrian signals whenever they reconstruct a signalized intersection. I’m all for the idea, but implementations sometimes trend toward the bizarre.

Take, for example, the intersection of Highway 7 and Westney Road in rural Pickering. It’s near the hamlet of Greenwood, with Valley View Public School just down the street and the Pickering Museum a country block away, but I highly doubt that more than a couple of pedestrians grace the intersection on the busiest of days. There are no sidewalks anywhere around here. Yet pedestrian signals and their activation buttons stand guard over each corner of the intersection, just waiting to be pressed by the hapless soul who finds himself lost here. So far so good. But when you look closer, you realize that with no sidewalks and corrugated beam barriers sheltering the buttons at three corners, the only way to activate them is to stand on the road. On the fourth corner, pedestrians have to climb a small weedy hill to press the button:

An inconvenient button

But even better than the activation buttons are the curb cuts, dutifully guiding people in wheelchairs and with baby strollers into the guardrails and onto non-existent sidewalks:

Curb cut to nowhere

Curb cut to nowhere

The whole thing smacks of some bureaucrat following the letter, but not the spirit, of the law.

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By-law roulette #3

Chapter 400-14 of the Municipal Code of the former City of Toronto (which is still in effect, as far as I can tell) states:

C. No person shall throw any stone or ball of snow or ice, parcel, bundle or other dangerous missile or use any bow and arrow or catapult in any highway.

No bows and arrows or catapults on the streets? There go those meddlesome bureaucrats again, interfering with innocent medieval childhood fun. Next thing you know, they’ll be regulating flails and quarterstaffs.

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Section 148-7 of the Ontario Highway Traffic Act offers up this requirement:

Where one vehicle is met or overtaken by another, if by reason of the weight of the load on either of the vehicles so meeting or on the vehicle so overtaken the driver finds it impracticable to turn out, he or she shall immediately stop, and, if necessary for the safety of the other vehicle and if required so to do, he or she shall assist the person in charge thereof to pass without damage.

I cite this as proof that drivers people (and the law) used to be civilized. I’m sure this clause had application at some point in our distant past, but it seems quaint and head-pattingly naive to suggest that someone today would get out of his car and help another driver to pass him. Unless flipping the bird and shouting out the window could be considered “assistance” in this context.

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No fun allowed

No fun allowed in Pickering parks

No obnoxious or annoying behaviour? What is this, Celebration? These signs dot most of the parks in Pickering, our fun-loving neighbours to the east. Bonus points for spotting the two errors. I suppose that correcting the spelling mistake on the signs would be considered both obnoxious and annoying.

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Section 77 of the Ontario Highway Traffic Act declares:

Every person travelling on a highway with a sleigh or sled drawn by a horse or other animal shall have at least two bells attached to the harness or to the sleigh or sled in such a manner as to give ample warning sound.

They must provide ample warning because, of course, horse-drawn sleighs are the real menace on our roads.

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Section 173 of the Ontario Highway Traffic Act declares:

No person shall race or drive furiously any horse or other animal on a highway.

Good to see that the province is finally clamping down on street racing.

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Section 349-23 (PDF) of the Toronto Municipal Code declares that:

No person keeping pigeons shall permit the pigeons to stray, perch, roost or rest upon lands, premises or buildings of any person or upon any public place in the City, except on the property of the person keeping the pigeons.

So all we have to do is figure out who owns all the pigeons in the city and ask him to confine his birds to his own property? We should be rid of them any day now.

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By-law roulette #1

Section 480-3(A) (PDF) of the Toronto Municipal Code states that:

No person shall sell personal property at a garage sale other than personal property that has actually been used on, about, or in connection with the residential premises or, in the case of a joint garage sale held with a neighbour, the residential premises of the neighbour.

Garage Sale Saturdea SantayPeople sometimes accuse local politicians of poking their noses a little too far into residents’ private business, and with some justification. A by-law that declares residents must have used everything that they’re selling in a garage sale would seem to confirm the stereotype. This one rule alone eliminates most Saturday morning front yard staples: candles, exercise machines, and gaudy tchotchkes.

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