A Toronto artist is expressing frustration after city officials removed his handcrafted driftwood sculptures from a public park for the third time in one year, citing permit and safety violations despite strong community support for his work.

Damian Agostini, who creates animal sculptures from salvaged wood found along the Humber Bay shore, discovered that his latest creation had vanished overnight just hours after he received a citation from a bylaw officer. The sculpture, which he named "Marengo" after Napoleon's famous war horse, was a glowing horse adorned with warm yellow lights that he had installed in Humber Bay Shores Park.

"At least they gave me fair warning last time," Agostini said. "This time, they came in the middle of the night. They don't communicate with me, only through tickets."

The artist's ongoing conflict with the City of Toronto stems from his refusal to obtain the required permits and insurance for displaying his artwork in public spaces. Agostini argues that the bureaucratic requirements would be too expensive, though he admits he hasn't researched the actual costs involved.

In previous instances, the city provided advance notice before removing his sculptures. Last fall, Agostini used a week's warning to give away his works to local admirers who had grown attached to them. He creates and displays his sculptures free of charge, viewing his art as a gift to the community.

Shane Gerard, spokesperson for the city's municipal licensing and standards division, explained the city's position in a statement: "We've communicated to Mr. Agostini several times that the structures he's creating are unsafe and typically include exposed nails, screws and other sharp objects." Gerard emphasized that while the city respects local artists' work, Agostini's sculptures were removed for safety reasons.

The artist disputes these safety concerns, arguing that "most people look at art, most people don't touch it." However, when city workers demolished his sculptures last week, they broke apart and left behind a trail of scrap wood with protruding screws in the park area.

Gerard noted that the city has issued notices to Agostini requesting he stop creating unauthorized installations but has not yet imposed fines. "There are permits for art in parks available and the city continues to encourage Mr. Agostini to apply for a permit and work with the city on ways to have his work showcased safely and in compliance with city bylaws," he added.

Agostini's resistance to obtaining permits stems from his desire for artistic freedom. "I'm an artist," he said. "I don't want my hands tied for nothing. Why does it have to be like this? I just want to express some love and creativity."

The artist's process involves collecting driftwood, leaves, and other natural materials from around Humber Bay Shores Park to construct his animal sculptures. He sometimes uses power tools and axes for his work, which Gerard pointed out are not permitted in public parks.

Local residents have rallied behind Agostini, viewing the city's actions as overly restrictive and insensitive to community values. Robin Clay, an area resident who runs a local photography group, voiced strong support for the artist's work.

"The community is so supportive of the wood work this man has done," Clay said. "The city is being far, far too cautious. It doesn't want to be sued. But the sculpture was far off on the rocks. I can't see how it was any danger to anybody."

Clay and other residents see Agostini's work as reminiscent of "El Corazon," a celebrated 25-foot driftwood sculpture in the area that was destroyed by a storm in 2018. The community's dedication to supporting Agostini became evident when his tools were stolen earlier last week – residents, including Clay, quickly raised $1,800 to purchase replacements.

This isn't the first time Agostini has faced official opposition to his street art. In 2017, while living in Port of Spain, Trinidad and Tobago, police threw away his sculptures that he was selling curbside. The resulting community outcry led to an apology from the mayor and a 10,000 Trinidad and Tobago dollar compensation check, according to news reports from that time.

For artists seeking to avoid permit costs in Toronto, at least temporarily, options do exist. Diane Bland, spokesperson for the Toronto Arts Foundation's charity, explained that their annual "Arts in the Park" project covers insurance and permit fees for artists throughout the summer season.

"Permitting at the city can be cumbersome and time-consuming, which is why Arts in the Parks takes on this process for the artists we work with," Bland said. She noted that costs vary, but applications with the city almost always require filling out forms to be submitted to multiple city divisions that can take weeks to respond.

For Agostini, the process of gathering materials for his sculptures holds deep spiritual significance. When collecting driftwood on the beach, he feels that each branch that washes ashore is "a gift from God, whittled for him by elements instructed by the divine."

Throughout his travels across the Caribbean, Canada, and America, Agostini says he has never encountered a beach with such an abundance of suitable wood as Humber Bay Shores Park.

"Honestly and truly, that's the only reason I'm there," he explained. "If that wood was in Sunnyside Park, I'd be there too. I'm just going where the wood is."

The ongoing dispute highlights the tension between artistic expression and municipal regulations, as well as the challenge of balancing public safety concerns with community appreciation for grassroots art installations. As the situation continues, both the artist and city officials remain at an impasse over how to resolve the conflict while preserving both artistic freedom and public safety standards.