INFORMATION  COMMUNITY SERVICES AND ENVIRONMENT COMMITTEE

 

 

 

 

 

TO:

Mayor and Members of Council

 

 

 

 

FROM:

Catherine M.Conrad, Town Solicitor

Barbara Roth, Director, Recreation and Culture Services

 

 

 

 

PREPARED BY:

Melissa VanBerkum, Assistant Town Solicitor

Lori Wells, Manager, Programs

 

 

 

 

DATE OF MEETING:

2004-May-10

 

 

 

 

SUBJECT:

Revised Vandalism, Violence and Unacceptable Behaviours Policy

 

 

 

 

RECOMMENDATION:

That the report entitled “Revised Vandalism, Violence and Unacceptable Behaviours Policy” be received;

 

And that the “Vandalism, Violence and Unacceptable Behaviour Policy” attached hereto as Appendix “A” be adopted by Council.

 

 

PURPOSE:

The purpose of this report is to update Mayor and Council on the review process of the Vandalism, Violence and Unacceptable Behaviours and to advise it of the enforcement steps that can be taken against those who breach the Policy as was requested by Council at its meeting on March 30, 2003.  The report highlights the addition of the prohibition on the inappropriate use of personal digital assistance devices, cell phones and cameras in facility changerooms or washrooms and the staff actions and possible consequences for offenders in relation to increasingly serious incidents.

 

BACKGROUND:

In 2002, Mayor and Council approved the Vandalism, Violence and Unacceptable Behaviours Policy.  Due to the current trends and recent incidents that have occurred at Town facilities, staff have made revisions to the draft policy attached as Appendix “A”.

 

Legal and Recreation staff have made the following revisions to the existing policy:

 

·        the policy has been realigned to have a staff focus

·        it includes a definition of “unacceptable behaviours”

·        the purpose of the Policy has been revised to include unacceptable behaviours

·        it addresses indecent and consensual sexual acts

·        it provides for more detailed steps to be taken in connection with the three Levels of Incident and the consequences that may be pursued by the Town

·        under “Examples of Incidents, Level Three”, the use of personal digital assistance devices, cell phone and cameras in facility changerooms or washrooms is prohibited and the possible consequences, if caught using such devices, have been included.

 

Upon approval of the Policy, staff will develop a training program to educate all staff on implementation the policy.

 

Enforcement

There is no legal authority to levy fines or charge persons who disobey or breach a corporate policy.  The Town of Markham can, however, use the Provincial Trespass to Property Act to prohibit entry to Town facilities by those that breach the Policy and, in the appropriate circumstances, to lay charges against an offender which would then be prosecuted in Provincial Court.

 

This Act allows owners and occupiers of property to:

 

1.   prohibit entry with notice or without notice with appropriate barriers to indicate entry is barred;

  1. arrest without a warrant persons on the premises without authority;

3.   lay charges under the Act for which a fine could be levied if person is convicted; and

4.   where a person has been convicted under the Act, and a person has suffered damages caused by the convicted person, the prosecutor may make a request for damages in addition to any fine imposed (damages not to exceed $1,000.00).

 

In practice, owners and occupiers can rely on this Act to serve written notice on persons who are trespassing (i.e. creating a disturbance, acting inappropriately).  The Notice indicates what the offender has done, the fact that the owner/occupier considers it a trespass, a demand that the person leave the premises and a prohibition against re-entry for a period of time.  Such notice makes it clear to the offender that his or her presence is considered a trespass and can be used against the offender as evidence of trespass should the offender return and charges are laid.

 

Civil Proceedings

The Town of Markham can also pursue civil legal remedies such as an action for trespass in which damages would be sought against the offender or an action to restrain the person from returning to Town facilities.  These remedies can be time-consuming and expensive to pursue, but could be considered where the offender presents a danger to the public or staff, or where significant property damage occurs as a result of the impugned behaviour for which an award under the Trespass to Property Act is inadequate.

 

Municipal Act, 2001

The Municipal Act, 2001 authorizes by-laws to regulate public nuisances or for purposes related to the health, safety and well-being of the inhabitants of the municipality.  The authority  is better used for Town-wide initiatives, such as pesticide bans, rather than as a tool to target the isolated behaviour of individuals at Town facilities.

 

BUSINESS UNITS CONSULTED

Community Services and Legal Services Department

 

FINANCIAL CONSIDERATION

None

 

ENGAGE 21ST

None

 

ATTACHMENTS

Appendix “A” - Vandalism, Violence and Unacceptable Behaviours Policy

Appendix “B” - Code of Conduct

Appendix “C” - Use of Cell Phones and Personal Assistance Devices in Town Facilities Policy

Appendix “D” - Sample of signage re: use of Cell Phones and Personal Assistance Devices in Town Facilities

 

 

 

 

 

 

___________________________________              _______________________________

Barbara Roth, R.D.M.R.                                              Jim Sales, Commissioner of

Director, Recreation and Culture Services                     Community and Fire Services

 

 

 

 

___________________________________

Catherine M. Conrad, Town Solicitor

 

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