Trespass an offence 2. (1) Every person who is not acting under a right or authority conferred by law and who,

Similar documents
BY-LAW NUMBER THE REGIONAL MUNICIPALITY OF WATERLOO

TORONTO MUNICIPAL CODE CHAPTER 485, GRAFFITI. Chapter 485 GRAFFITI

BY-LAW NUMBER OF THE CORPORATION OF THE MUNICIPALITY OF CHATHAM-KENT

THE CORPORATION OF THE CITY OF MISSISSAUGA SMOKING BY-LAW 94-14

BYLAW 2334/PS/08 BEING A BYLAW OF THE TOWN OF STONY PLAIN IN THE PROVINCE OF ALBERTA FOR THE PROTECTION OF PUBLIC SPACES FOR PUBLIC USE

THE CORPORATION OF THE CITY OF MISSISSAUGA SHOPPING CART BY-LAW NUMBER (Amended by By-law )

MUNICIPALITY OF JASPER BYLAW #070

Number 5 of 2011 CRIMINAL JUSTICE (PUBLIC ORDER) ACT 2011 ARRANGEMENT OF SECTIONS. Section 1. Interpretation. 2. Offence.

Licensing and Standards Committee Item LS23.1, adopted as amended, by City of Toronto Council on December 5, 6, 7 and 8, 2017 CITY OF TORONTO

City Of Kingston. Ontario. By-Law Number A By-Law To License, Regulate And Govern Certain Trades And Occupations

OFFENCE AND LAW ENFORCEMENT ACT

THE CORPORATION OF THE CITY OF BURLINGTON BY-LAW NUMBER XX A by-law to regulate election signs in the City of Burlington

CITY OF TORONTO. BY-LAW No To adopt a new City of Toronto Municipal Code Chapter 485, Graffiti.

Copyright Juta & Company Limited

THE CORPORATION OF THE CITY OF GUELPH THE COUNCIL OF THE CORPORATION OF THE CITY OF GUELPH. 1. This By-law may be cited as the Fire Prevention By-law.

DISTRICT OF SQUAMISH BYLAW NO. 1868, As Amended by Bylaws No and 2309

Instructions on how to submit a Notice of No Trespassing form to prevent Children s Aid Society (CAS) workers from entering private property

Authority: Item 8, Planning Committee Report (PED10115(a)) CM: November 30, 2011

City of Kingston Report to Administrative Policies Committee Report Number AP

Outcomes. Updates from Radian s in-house solicitor. Drug dealing and gang activity forces possession

ORDINANCE CITY OF NEW ORLEANS. AN ORDINANCE to amend and reordain Section of the Code of the City of New

BYLAW NO 3591/2017. AND WHEREAS Council of the City of Red Deer considers it desirable and necessary to establish a bylaw to reduce False Alarms.

PROTECTION AGAINST FAMILY VIOLENCE ACT

Attachment A to Public Nuisance Bylaw Report OT THE CORPORATION OF THE CITY OF GUELPH

THE CORPORATION OF THE TOWNSHIP OF STRONG BY-LAW # TRAILER LICENSING. Being a By-law to License Trailers in the Township

Appendix 1: Legal References

PLEASE NOTE Legislative Counsel Office not Table of Public Acts

THE REGIONAL MUNICIPALITY OF PEEL BY-LAW NUMBER

(Use this form to file a local law with the Secretary of State.)

By-law (Consolidated as amended)

City of Brampton Draft Licensing By-law

B Y - L A W N U M B E R

THE CORPORATION OF THE TOWNSHIP OF TAY BY-LAW NO Being a By-law regulating the sale of and setting off of fireworks

TORONTO MUNICIPAL CODE CHAPTER 915, PARKING ON PRIVATE OR MUNICIPAL PROPERTY. Chapter 915 PARKING ON PRIVATE OR MUNICIPAL PROPERTY

COLUMBIA POLICE DEPARTMENT

THE CORPORATION OF THE CITY OF MISSISSAUGA TRANSPORTATION NETWORK COMPANY PILOT PROJECT LICENSING BY-LAW 93-17

OFFICE CONSOLIDATION BY-LAW

CITY OF EDMONTON BYLAW PUBLIC PLACES BYLAW

TROUBLEMAKERS ON SITE TRESPASS NUISANCE AND DISTURBANCE

Bylaw # "Fireworks Bylaw"

SCHOOL TRESPASS GUIDELINES FOR PRINCIPALS AND PROPRIETORS OF CATHOLIC SCHOOLS IN VICTORIA

BY-LAW # WHEREAS, the Council of the Summer Village of Sunbreaker Cove, in the Province of Alberta deems it desirable to pass such a By-Law.

THE CORPORATION OF THE CITY OF BURLINGTON BY-LAW NUMBER

TRESPASSING LAW. THEREFORE the Council of Henvey Inlet First Nation enacts the Henvey Inlet First Nation Trespass Law No as follows.

ORDINANCE NO. 08- THE CITY COUNCIL OF THE CITY OF MISSION VIEJO DOES ORDAIN AS FOLLOWS:

THE CITY OF VAUGHAN BY-LAW BY-LAW NUMBER

The Corporation of the Town of The Blue Mountains By-Law Number Office Consolidation (By-law )

BYLAW A BYLAW OF STRATHCONA COUNTY TO REGULATE AND CONTROL SURFACE DRAINAGE AND SITE GRADING WITHIN STRATHCONA COUNTY.

BYLAW # 001:2017 of the TOWN OF IRRICANA in the PROVINCE OF ALBERTA

DOMESTIC VIOLENCE ACT NO. 116 OF 1998

Methadone Pharmacy and Methadone Clinics Licensing Bylaw

2 DESIGNATED BY-LAWS TO WHICH THE SYSTEM OF ADMINISTRATIVE FEES APPLIES

ORDINANCE NO. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA: Permitting or Encouraging Underage Drinking

POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE G CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS

The Corporation of the Township of Smith-Ennismore-Lakefield. By-law No

CRIMINAL RECORDS REVIEW ACT RSBC 1996, CHAPTER 86

BELIZE PUBLIC SAFETY ACT CHAPTER 142 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

Bylaw No The Drainage Bylaw, 2005

The Pest Control Act

CITY OF EDMONTON BYLAW ENFORCEMENT BYLAW (CONSOLIDATED ON MARCH 20, 2018)

OFFICE CONSOLIDATION. Lottery Licensing By-law

This Bill would amend the Domestic Violence (Protection Orders) Act, Cap. 130A to (a)

THE CITY OF VAUGHAN BY-LAW NUMBER

DISCIPLINARY RULES IN RELATION TO MISCONDUCT AT CLUB LEVEL AND AT LICENSED TOURNAMENTS - MISCONDUCT

TORONTO MUNICIPAL CODE CHAPTER 79, FIRE SERVICES. Chapter 79 FIRE SERVICES

Office Consolidation Adult Entertainment Establishment By-law

NEBRASKA HEADING CATCHLINE LAW

w21carcv& BYLAW NO TOWN OF VEGREVILLE TOWN OF

CONSOLIDATED AS OF OCTOBER 17, 2017

The Corporation of the Township of Southgate By-Law Number

BYLAW NO. B-26/2018 OF THE CITY OF AIRDRIE IN THE PROVINCE OF ALBERTA

Managing a Safe School Environment Legislative Changes

CORPORATE SERVICES. Finance Administration and Corporate Services Committee

CORPORATION OF THE TOWNSHIP OF MCKELLAR. BY-LAW NO as amended by By-law &

FOR INDIVIDUALS SEEKING EMPLOYMENT OR VOLUNTEER OPPORTUNITIES

Bylaw No Bus Lic

Limited Access and Barring Procedure

THE CORPORATION OF THE CITY OF MISSISSAUGA DISCHARGE OF FIREARMS BY-LAW

FAMILY PROTECTION ACT 2013

Fortification of Land By-law

Antisocial Behaviour etc. (Scotland) Bill

CORPORATION OF THE TOWNSHIP OF HAMILTON BY-LAW NUMBER 2011-XX

BAN AND CRIMINAL TRESPASS POLICY WILLIAMSON HOUSING AUTHORITY WILLIAMSON, WEST VIRGINIA

Urbana Police Department. Policy Manual

Charities Accounting Act R.S.O. 1990, CHAPTER C.10 Last amendment: 2009, c. 33, Sched. 6, s. 44. Notice of donation to be given to Public Guardian

POLICY FOR DEALING WITH VIOLENCE, THREATENING BEHAVIOUR AND ABUSE AGAINST ACADEMY STAFF OR OTHER MEMBERS OF THE SCHOOL COMMUNITY

THE REGIONAL MUNICIPALITY OF PEEL BY-LAW NUMBER A by-law to regulate the Municipal Drinking Water System of the Regional Municipality of Peel

Sligo County Council Anti-Social Behaviour Strategy 2018

CITY OF HEMET Hemet, California ORDINANCE NO. 1850

THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW --~~--==~~

Anti-social Behaviour Act 2003

CORPORATION OF THE TOWN OF PETROLIA BY-LAW NUMBER

THE CORPORATION OF THE TOWNSHIP OF ASPHODEL-NORWOOD BY-LAW NUMBER

Naming of Highways and Numbering of Buildings & Lots By-law

Licence Chapter 593 Newspaper - Magazine Stand

Bylaw No The Public Spitting, Urination and Defecation Prohibition Bylaw, Codified to Bylaw No (December 19, 2011)

STATUTE SECTION STATUTORY BREACH LIABILITY DEFENCE RESPONSIBLE PARTY FEDERAL STATUTES Canada Pension Plan, R.S.C 1985, c. C-8.

THE CORPORATION OF THE CITY OF BRAMPTON BY-LAW. Office Consolidation Public Nuisance By-law To Prohibit or Regulate Public Nuisances

THE CORPORATION OF THE CITY OF PEMBROKE BY-LAW BEING A BY-LAW TO LICENCE AND GOVERN CERTAIN BUSINESSES IN THE CITY OF PEMBROKE

BERMUDA 2010 : 5 CRIMINAL CODE AMENDMENT ACT 2010

Transcription:

Trespass to Property Act Policy- City of Greater Sudbury Executive Summary The City of Greater Sudbury uses the provisions of the Trespass to Property Act as one of a number of tools to manage and deter security risks and ensure the safety of citizens and staff in CGS facilities. The purpose of the Trespass to Property Act Policy is to centralize and standardize the administrative process for issuing notices under this legislation so as to allow for better management of this tool in the context a broader security strategy. Background Using legislative authorities pursuant to the Trespass to Property Act, this report will highlight the new, standardized process that City of Greater Sudbury staff will use to address a number of incidents in facilities while listing possible consequences of actions should they occur. As per the Trespass to Property Act, R.S.O. 1990, c T.21 Trespass an offence 2. (1) Every person who is not acting under a right or authority conferred by law and who, (a) without the express permission of the occupier, the proof of which rests on the defendant, (i) enters on premises when entry is prohibited under this Act, or (ii) engages in an activity on premises when the activity is prohibited under this Act; or (b) does not leave the premises immediately after he or she is directed to do so by the occupier of the premises or a person authorized by the occupier, is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. T.21, s. 2 (1); 2016, c. 8, Sched. 6, s. 1. occupier includes, (a) a person who is in physical possession of premises, or (b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises, even if there is more than one occupier of the same premises; ( occupant )

Common Practice of Other Municipalities Many municipalities (ex. Mississauga, Guelph, Windsor, Brampton) have policies in place to script their response to incidents at public facilities and properties with the intent to protect staff and the public and delegate authority to address a number of incidents. Designated Authority- Trespass to Property Act At all City of Greater Sudbury facilities, the most senior employee working in the facility at the time of an incident will be authorized to issue a 72 hour written trespass notice and will be designated as the occupier under the Act. Furthermore, based on their designated authorities as law enforcement officers, any Police Officer, Municipal Law Enforcement Officer or contracted Security Guard employed by the City of Greater Sudbury will also be authorized to issue 72 hour trespass notices on behalf of the City. Amendments to the Delegation By-Law will be required to add this authority. Behaviours that may trigger a Trespass Order In general, behaviours of citizens that may result in the issuance of a trespass notice can be characterized as a breach of City policy, rule, regulation, Bylaw or provincial or federal law. Examples of this can be, but are not limited to, the following; o Any activity that obstructs, prevents or hinders the rights of others to use and enjoy any City facility or property or which obstructs, prevents or hinders the operations of the City of any of its employees, agents or contractors in the delivery of a service. o any act towards staff or citizen that are perceived to be threatening, intimidating or sexual in nature, o using profanity, obscene language or racial slurs o committing any nuisance, disturbing the peace or acting contrary to public order o Any damage to a City Facility or City property Trespass Process All CGS facility Managers will be provided with a copy of the Trespass Policy and standardized documentation, including a template trespass notice that can be used whenever an incident

occurs. Where safe to do so, this will allow for immediate trespass an individual for an initial period of 72 hours. The instructions will indicate that Police are to be called if public or staff safety is threatened. Copies of all 72 hour notices will be provided electronically to Bylaw and Security Services within 24 hours at trespass@greatersudbury.ca. In receipt of all information, Management staff will investigate further and based on the outcomes of the investigation, a number of different paths may be followed which will range from no further action, issuance of a longer notice under the Trespass to Property Act, or involvement by police or other agencies. All trespass notices issued by the City of Greater Sudbury will be forwarded to the Greater Sudbury Police Service to be entered into their trespass database and decide if further investigation is warranted. Currently there is no consistency in regards to where an individual will be trespassed from following an incident. Issuing a trespass notice that restricts access from only some CGS facilities tends to move the behaviours around between departments and buildings. In most instances, Trespass Notices will apply to all CGS buildings during the period of the notice. To ensure no hardship to citizens who need to access to specific municipal services to conduct business, the notice will advise that they are to contact Security and By-Law Services to arrange for escorted access to a pre-arranged appointment to access the service required. All Notices of Trespass will be maintained and reviewed on a bi-annual basis by Corporate Security so as to ensure consistent attention and assessment is paid to all incidents of trespass within the Municipality. Trespass Guidelines Prohibited Activity 1 st 2 nd Subsequent Occurrence Occurrence Occurrences Causing a disturbance in the work place six Disregard for City rules, polices or procedures Use of vulgar language, shouting, 72hrs one (1) month (6) months

Direct or indirect threat towards staff or the two public six (6) one (1) Year (2) years Aggressive, intimidating or harassing months behavior(s) towards staff or citizen Vandalism of City property Assault of Weapon related offence Theft two (2) years three (3) years three (3) years Violations of Issued Trespass Notice As per the Trespass to Property Act, R.S.O. 1990, T.21 Arrest without warrant on premises 9. (1) A police officer, or the occupier of the premises, or a person authorized by the occupier may arrest without warrant any person her or she believes to reasonable and probable grounds to be on the premises in contravention of section 2. R.S.O. 1990, c. T.21, s. 9(1) Any violation of a previously issued and still current trespass notice from the City of Greater Sudbury will result in Police being immediately contacted to attend with an extension of the length of trespass being applied by Bylaw and Security Services. Appeal Any person in receipt of a trespass from the City of Greater Sudbury that is beyond 72 hours may, within five business days, appeal the receipt of the Notice and/or length of trespass. All appeals must be in writing and shall be forwarded to the attention of the City Clerk. The matter will be jointly heard by the ELT member responsible for Security and By-Law Services and the ELT Member in whose facility the incident occurred.

Summary Based on authorities for trespass provided to City of Greater Sudbury employees through the Trespass to Property Act, and when considering similar policy that exists in other municipalities, a draft Trespass to Property Act Policy has been developed for Council s consideration.