Joe Moniz got new recycling bins from the city after his home security cameras captured a city waste contractor throwing them into his truck along with his recycling.

But he also got something else: a bylaw infraction notice.

The infraction? His security cameras violated a rule that says cameras can only show your own property.

Moniz is pretty sure it's payback for embarrassing the city.

They got caught, now they want to make problems for me. - Joe Moniz

Moniz's April 5 security video shows an employee of Green for Life Environment (GFL) tossing his recycling bins in the truck and driving off with them. The video shows the worker doing the same to his neighbour's bins as well.

Moniz contacted the city, which resulted in an investigation and two new bins for both Albert Street homes.

Then what had already seemed like a bizarre situation to Moniz took an even further twist.

Moniz received a notice April 10 from an enforcement building inspector of the city's Building Division, asking to contact him in regards to his cameras.

"They got caught now they want to make problems for me," said Moniz in an email to CBC.

Surveilling the city

After looking into the matter, Moniz discovered that he has in fact violated a bylaw.

"I have rearranged my cameras to only capture video of my property to comply with the bylaw," said Moniz.

Planning and economic development communications officer Ann Lamanes confirmed in an email to CBC that the complaint was for surveillance cameras pointed past the property boundaries.

According to city bylaw, Moniz has stepped outside of the boundaries with his cameras showing the road, where the GFL truck was passing. The surveillance can't show city property.

"I respect the intent of this bylaw, but I feell that public property should be ok to surveillance for both public safety, and to catch instances like my situation," said Moniz.

The bylaw notice Moniz received from the city. (Joe Moniz)

City bylaw enforcement is complaint driven but Moniz does not know who made the complaint.

Moniz had the cameras installed about five years ago after his house got broken into. He now worries how he'll keep an eye on his and (evidently) the city's property.

"Should my bins go missing again, I will have no way of [knowing] where they went," said Moniz.

He also pointed to the on-going complexities that technology now plays in our society.

"I also stated common fact, which is that there are thousands of cameras on people's hands which are used to record in public places, which makes this bylaw strange," said Moniz.

Security concerns

As well, police frequently ask the public or businesses if they have private surveillance tape of areas off their properties that could be used to assist in criminal investigations.

Nick Dion, a sales representative from PasWord Protection for the Hamilton area says that in the last few years, private surveillance equipment has become very popular.

"Surely because it's finally become somewhat affordable as well as accessible so you can have it on your phone now," said Dion.

When selling to customers, Dion says he will usually ask clients to consult particular laws in their area.

"Typically we tell them that if it's viewing something outside their property then it's not legal," said Dion.

According to Dion not many customers themselves ask about the laws in regards to using the equipment, but when they do, he instructs them to, "do your due diligence to take a look into what's required."

In terms of the city's official bylaws, where a violation is discovered Building Division staff first educate the owners of what is called the the fortification bylaw and the requirements for surveillance cameras in attempts to obtain voluntary compliance.

Should voluntary compliance not be obtained, Building Division staff will issue an order to comply.

If the order has still not been complied with in the time specified frame, the city will process with further legal action.

Penalties for convictions for offences under the Fortification bylaw are listed in section 23.(1) of the bylaw. The maximum limits of the fines under the Fortification bylaw are: first offence $20,000, second offence $50,000, third or subsequent offence $100,000. The actual fine amount imposed are determined by the courts.

Moniz's video footage showing what happened is below.