Policy Statement:

The Town of Markham promotes respect and civility in all Town facilities and will not tolerate vandalism, violence or unacceptable behaviour. The Town will take appropriate action to deal with such incidents, including the temporary or permanent eviction of offenders from the facility and the recovery of damages caused as a result of vandalism, violence or unacceptable behaviour.

Goals of the Policy:

1. To identify acts and behaviour that are unacceptable
2. To reduce violence, vandalism and unacceptable behaviour in all Town facilities, and
3. To direct Town staff how to manage vandalism, violence and unacceptable behaviour by reporting such acts and, in certain circumstances, evicting offenders of the policy with or without the assistance of the York Regional Police
   
   

Purpose:

The role of the Town of Markham in providing services to the people of Markham is to provide as secure and as pleasant an environment as possible in order that all persons using the Town’s facilities may do so free from violence, vandalism and unacceptable behaviour. The Town of Markham recognizes that the majority of customers use Town facilities in a responsible manner. However, isolated incidents involving vandalism, violence and unacceptable behaviour can and do occur. In an effort to ensure that all users of Town facilities are provided with a safe environment, the Town will rely on this policy to:

1. define vandalism, violence and unacceptable behaviour as well as the levels of incidence

2. outline for Town staff the actions that are to be taken to deal with members of the public who impair the enjoyment and security of persons within Town facilities, and

3. describe the possible consequences that may result, and the remedies the Town may pursue, with respect to those persons who are responsible for, or participate in violence, vandalism or unacceptable behaviour on Town property

Definitions:

“Co-ordinator” is the highest-ranked staff person present on site at a Town-owned facility when an incident occurs;

“Level One Incident” means a minor incident in which there is disruption to other patrons or staff but which does not result in physical harm or property damage;

“Level Two Incident” means an incident in which disruptive actions may be repeated, are intentional and result in some physical or property damage;

“Level Three Incident” means an incident which is more serious in nature, results in actionable harm or requires the intervention of staff, security personnel or police officers, and may or may not include criminal conduct;

“Unacceptable behaviour” means behaviour that is not in keeping with socially acceptable standards of conduct and which has the effect of offending reasonable persons or otherwise disrupting the peace and enjoyment of others;

“Vandalism” means the malicious and wilful destruction, damage or defacement of public or private property;

“Violence“ means physical, mental or verbal abuse for the purpose of harming, destroying, intimidating or otherwise harming people or property. For the purposes of this policy, violence includes, but is not limited to the following:

§ Loud verbal assaults

§ Threats and/or attempts to intimidate

§ Throwing of articles in a deliberate or aggressive manner

§ Aggressive approaches to another individual or group

§ Physical striking of another individual, animal or thing

§ Attempts to incite violence in others

§ Racial or ethnic slurs

§ Damage to property

Reporting Procedures

All incidents, regardless of level, must be reported in writing on the Accident/Incident Report (the “Report”) by staff who witness an incident or who are involved in the management and control of the incident to his or her immediate supervisor. Copies of the reports are to be forwarded to the Civic Centre, attention: Director of Recreation and Culture, no later than 24 hours following the incident.

The types of occurrences that relate to a particular incident, the procedures that must be followed according to the incident level and the possible consequences are set out in the chart below. The examples of incidents are not an exhaustive list. The definitions regarding levels of incidents need to be consulted where an incident occurs that does not appear in the list. Facility staff should always consult with supervisor if clarification is required.

LEVEL	EXAMPLES OF INCIDENTS	ACTION	CONSEQUENCE
1	Smoking in building Foul/abusive language Horseplay · Misusing emergency exits · Verbal assault · Racial or ethnic remarks	· Report to be filled out by staff or permit holder detailing the nature of the incident, witnesses and parties involved, and any action that was taken · Original report stays within the facility, copy to be forwarded to supervisor	· Attend scene and request activity to cease · If person refuses to desist, demand that person leave or police will be called · If person refuses to leave, call police · Trespass to Property Act Notice and letter of reprimand signed by a Co-ordinator and delivered to offender · May be suspended from facility for up to 7 days
2	Repeat offences Deliberate damage to facility Graffiti	· Report to be filled out by staff or permit holder detailing the nature of the incident, witnesses and parties involved, and any action that was taken · Original report stays with facility, copy forwarded to supervisor · Supervisor to notify manager	· Attend scene and request activity to cease · If person refuses to desist, demand that person leave or police will be called · If person refuses to leave, call police · Trespass to Property Notice and letter of reprimand signed by a Co-ordinator and delivered to offender · Offender invoiced for the full cost of repairs or damages · Suspension or ban from all facilities for 30 days or more · Charges may be laid by Town under Trespass to Property Act
3	· Physical assault causing bodily harm · Sexual assault · Robbery/theft · Trespassing · Possession of drugs · Possession of weapons · Repeat offences · Indecent sexual acts including consensual reported by public · Use of personal digital assistance devices, cell phones, cameras in facility changerooms or washrooms · Any occasion when police are called to attend	· Call police and/or emergency services · Assist victim · Obtain the badge number of the responding emergency personnel · Call supervisor · Report to be filled out by staff or permit holder detailing the nature of the incident, witnesses and parties involved, and any action that was taken · Original report stays with facility, copy forwarded to supervisor · Supervisor to notify manager · Manager to notify the Director, Recreation and Culture Services and the Commissioner of Community and Fire Services about the incident.	· Police to determine if criminal charges are to be laid · Supervisor to follow up with Police as to whether charges laid · Suspension from all facilities for one year or more · Cancellation from registered service · Charges may be laid by town under Trespass to Property Act

Revised 06/05/2004

Other Policies: This policy should be read in conjunction with the Town of Markham Code of Conduct and the Use of Cell Phones and Personal Assistance Devices in Town Facilities.

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