But Webb said they have got the definition wrong and the city council could enforce the bylaw.
He said if it comes down to residents saying it is commercial activity, and the city council says it isn't, then it will have to be tested in the courts.
Bonis said he has no problem paying for Webb's time to take it to court, or work with city council staff to find a solution within the bylaw.
"I'm hopeful the city councillors, on an individual level, will take a commonsense approach to this problem," he said.
A report is due on May 4 detailing if a new clause in the public places bylaw is needed or if section 13 of the current bylaw can be effectively enforced.
Section 13 states: The city council may declare from time to time, that any public place, or specified part of a public place: a) Has been set aside for special use or activity; or b) cannot be used for a particular use or activity.
Beaumont said the city council is looking at using section 13 to solve the sex worker problem in the residential area.
"The city council has obtained legal advice on the ability to enforce this policy in relation to sex workers but there are significant enforcement difficulties," she said.