The owner of a downtown Halifax restaurant says the city needs a common sense clause after he and other businesses received compliance notices ordering them to remove their planter boxes from outside their businesses.

"I don't understand why we have to move the planters at all. The idea of them is to create Christmas ambience," said Victor Syperek, who owns the Economy Shoe Shop on Argyle Street.

"All of the city rules should have a common sense clause where an inspector can actually make up his own mind and say, 'Well, this isn't bothering anything or anybody, therefore we can leave it.'"

The compliance notices, given to businesses earlier this week, states the planter boxes should have been taken down after the patio season ended.

The compliance notice says the plant boxes should have been taken inside with the patio furniture. (The Foggy Goggle)

Syperek says in all the years he's been in business on Argyle Street, his planter boxes have been allowed to stay up through the winter.

"In fact, I had some trees that have been up there for 19 years. A bench has been there for 19 years. Sign posts have been there since I opened," he said. "I don't understand why, suddenly, the rules have to change."

Deadline extended

Syperek's compliance notice said his planter boxes must be removed by Dec. 15. But, a city spokesperson said Wednesday afternoon that the businesses can keep their plant boxes out until Dec. 31.

"We've reviewed the situation and the municipality always wants to take a reasonable approach to bylaw enforcement, while ensuring public safety," Jennifer Stairs wrote in an email.

"In light of the fact that many business owners have taken the time to decorate for the holiday season, we have decided to give them until Dec. 31 to remove these items."

Stairs says if there is significant snow before Dec. 31, the businesses will have to take the plant boxes down sooner because they could get in the way of snow removal efforts.

Syperek says snow removal is a poor excuse to remove the planters because businesses along the street clear their own sidewalks. He says he'll likely leave his plant boxes up and see what happens.

'Another kick in the pants'

Julie Streight, one of the owners of The Foggy Goggle, says she's relieved the city has extended the deadline. She says the boxes were recently decorated for the holidays and that the plan was to take them down after the holidays.

"The reason that we were upset was because it felt like another kick in the pants from the city," she said.

"It's frustrating because we, especially in this area, are doing everything that we can to deflect what's happening across the street from us — the building of the Nova Centre.

"It's a construction site, so it can be messy and dirty and we're trying to make the street look appealing."​