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HomeMy WebLinkAboutCorporate Security Staff - City - MUN-FAC-495 1 of 5 POLICY Policy No: MUN-FAC-495 Policy Title: CORPORATE SECURITY STAFF - CITY Policy Type: COUNCIL Category: Municipal Services Sub-Category: Facility Author: Author Unknown, Security Dept/Div: Infrastructure Services/Facilities Management Approval Date: March 23, 2009 Reviewed Date: July 2016 Next Review Date: July 2021 Reviewed Date: Last Amended: Replaces: I-495, Corporate Security Staff - City Repealed: Replaced by: Related Policies, Procedures and/or Guidelines: To be included at next review. 1. POLICY PURPOSE: This is a policy respecting: (a) inappropriate behaviour at premises for which The Corporation of the City of Kitchener is an occupier pursuant to the Trespass to Property Act, R.S.O, 1990, c. T.21 (“Facilities”); (b) the authority of corporate security staff employed by The Corporation of the City of Kitchener (“City Security Staff”) to protect Facilities and the rights of others to use and enjoy Facilities; and (c) some of the remedies available to City Security Staff in addressing inappropriate behaviour at Facilities. 2. DEFINITIONS: To be included at next review. Policy No: MUN-FAC-495 Policy Title: CORPORATE SECURITY STAFF - CITY 2 of 5 3. SCOPE: POLICY APPLIES TO THE FOLLOWING: ☐ All Employees ☐ All Full-Time Employees ☐ All Union ☐ Management ☐ C.U.P.E. 68 Civic ☐ Non Union ☐ C.U.P.E. 68 Mechanics ☐ Temporary ☐ C.U.P.E. 791 ☐ Student ☐ I.B.E.W. 636 ☐ Part-Time Employees ☐ K.P.F.F.A. ☐ Specified Positions only: ☐ Other: ☐ Council ☐ Local Boards & Advisory Committees To be included at next review. 4. POLICY CONTENT: The Corporation of the City of Kitchener (the “City”) will endeavor to allow all people to enjoy the public Facilities of the City for their intended purposes. Each visitor to Facilities is expected to behave and act in a manner that respects the rights of others to use and enjoy the Facilities for their intended purposes. It is the goal of the City to encourage appropriate behaviour in public and private Facilities of the City and to provide residents with opportunities to participate in recreational, leisure, and civic activities in a safe and positive atmosphere. Persons or organizations that rent or use Facilities must take primary responsibility for the behaviour and actions of all persons associated with their program or event. Prohibited Activities The following activities are deemed to be inappropriate behaviour and have been prohibited by City Council resolution dated March 23, 2009 pursuant to the Trespass to Property Act, R.S.O. 1990, c. T.21: (a) behaviour and activities that obstruct or hinder the rights of others to use and enjoy Facilities including: (i) creating a disturbance; (ii) fighting, molesting, or harassing; (iii) using profanity, obscene or verbally abusive language directed at or disturbing to others; (iv) vandalizing property; Policy No: MUN-FAC-495 Policy Title: CORPORATE SECURITY STAFF - CITY 3 of 5 (v) intimidating or threatening others; (vi) disrupting a program or event; (vii) engaging in horseplay or causing unsafe conditions; (viii) wearing attire or displaying material intolerant of human rights; (ix) in-line skating, skateboarding, or bicycling, except where permitted; (x) littering; (xi) blocking corridors, thoroughfares, stairways, or exits; (xii) spitting, urinating, or causing unsanitary conditions; (xiii) preventing others from lawful use and enjoyment of property; (xiv) using a Facility for other than its intended purpose; (xv) drinking in areas where not permitted; (xvi) Smoking in areas not permitted including inside of or within 9 metres of the entrance to any building under the jurisdiction of the City; (xvii) entering the reflecting pool at Civic Square; (xviii) any behaviour or activity prohibited in Policy I-345 – Behaviour – Unacceptable Conduct in Community Services Facilities; and (xix) free food distribution where a direction has been given to stop distributing free food in accordance with section 6 of this policy; (b) behaviour contrary to the Criminal Code, R.S.C. 1985, c.C-46, other federal statutes, provincial statutes, municipal by-laws, or municipal policies; (c) The use of any cell phone, camera, personal digital assistant (PDA) or electronic equipment with photographic abilities in change rooms or washrooms in a public Facility; and (d) Other behaviour as may be prohibited from time to time by resolution of City Council. Enforcement Options City Security Staff are authorized to take all lawful enforcement options necessary to perform their duties, including: (a) Verbally requesting or warning a person to refrain from prohibited behaviour; (b) verbally directing a person to leave Facilities, citing as the reason the failure to refrain from prohibited behaviour; (c) issuing a provincial offence notice where applicable and as authorized to do so; Policy No: MUN-FAC-495 Policy Title: CORPORATE SECURITY STAFF - CITY 4 of 5 (d) calling or requesting assistance from the police at any time; and, (e) lawfully arresting, handcuffing, searching and holding an offender until the police take the person into custody. Issuance of Trespass Notice The City’s CAO or a General Manager of the City may sign a trespass notice on behalf of the City prohibiting a person who has engaged in prohibited behaviour from entry on or to any Facilities. Additionally, the City’s CAO or a General Manager of the City may authorize the City’s Director, Manager, or Supervisor of Facilities Management or designate to sign a trespass notice on their behalf. Such authorization shall be given in writing and written authorizations shall include authorizations via electronic mail or fax. Free Food Distribution Free food distribution by any individual or group at City Hall shall be permitted as long as such distribution does not involve a prohibited behaviour or interfere with other individuals or businesses lawfully using the Facilities. However, in the event of a complaint by an individual or business of activity that has interfered with their lawful enjoyment, such free food distribution at that particular location shall cease and desist at the direction of City Security Staff. A direction to cease and subsist with free food distribution may be appealed to City Council but free food distribution cannot resume without subsequent permission from City Council. Further, notwithstanding this policy, the normal approvals for any other applicable by-laws or health regulations for free food distribution shall apply. Police as Agents Any officer of the Waterloo Regional Police Services is authorized to act as agent for the City in enforcing the Trespass to Property Act, R.S.O. 1990, c. T.21 at any Facilities and this policy. Additionally, any officer of the Waterloo Regional Police Services may enforce a trespass notice issued pursuant to this policy. Continuing Education and Training Continuing education and training will be provided to City corporate security staff. Policy No: MUN-FAC-495 Policy Title: CORPORATE SECURITY STAFF - CITY 5 of 5 5. HISTORY OF POLICY CHANGES Administrative Updates 2016-06-01 - I-495 policy template reformatted to new numbering system and given number MUN-FAC-495. Formal Amendments No amendment history to date.