HomeMy WebLinkAboutBehaviour - Unacceptable Conduct on City Premises and Authority to Issue Trespass Notices -MUN-FAC-495
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POLICY MUN-FAC-495
BEHAVIOUR – UNACCEPTABLE CONDUCT
ON CITY PREMISES AND AUTHORITY TO
ISSUE TRESPASS NOTICES
Category
MUN - Municipal
Services
Sub-category
AUT - Authority &
Delegations of Staff
Approval Type
COUNCIL
Department/Division
INS Facilities
Management
Author and Position
Director, Facilities Management
Date Approved
March 23, 2009
Last
Reviewed/Amended
November 18, 2024
Next Review Date
June 1, 2027
Related Policies or Procedures
• HUM-WOR-140; HUM-WOR-250
Policy Purpose
This is a policy respecting:
(a) expectations of appropriate behaviour and activities on City Premises and when
accessing City services (including by phone or email).
(b) defining inappropriate behaviour at City Premises and when accessing City services
(including by phone or email);
(c) the authority of employees of the City to protect City Premises and the rights of
employees and others to use and enjoy City Premises; and
(d) remedies available to employees of the City in addressing inappropriate behaviour at
City Premises including the right to issue Trespass Notices.
The City endeavours to allow all people to enjoy public City Premises for their intended
purposes. Each visitor to City Premises is expected to behave and act in a manner that
respects the rights of others to use and enjoy City Premises for their intended purposes. It
is the goal of the City to encourage appropriate behaviour at all City Premises and to provide
residents with opportunities to participate in recreational, leisure, and civic activities in a safe
and positive atmosphere.
Renters and users of City Premises must take primary responsibility for the behavior and
actions of all persons associated with their program or event.
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Definitions
In this policy:
“City” shall mean The Corporation of the City of Kitchener;
“City Premises” shall mean Premises for which the City is an Occupier;
“City Security Staff” shall mean any City staff that report to the Supervisor, Corporate
Security;
“City Security Management” shall mean the City’s Director of Facilities Management and the
City’s Supervisor and Manager of Corporate Security;
“Communication” shall include but not limited to any words spoken, written, or recorded
electronically or electro-magnetically or otherwise as well as gestures, signs or other visible
representations;
“Hearing Officer” shall mean any person appointed by the City from time to time pursuant to
the Screening and Hearing Officer By-law, to perform the functions of a hearing officer;
“highway” shall have the meaning given to that term by the Municipal Act, 2001, S.O. 2001,
c. 25;
“Occupier” shall have the meaning given to that term by the TPA;
“Police” shall have the meaning of Waterloo Regional Police Services, and Ontario Provincial
Police (OPP) and Royal Canadian Mounted Police (RCMP);
“Premises” shall have the meaning given to that term by the TPA;
“TPA” shall mean the Trespass to Property Act, R.S.O., 1990, c. T.21.;
“Waterloo Regional Police Services (WRPS)” shall have the meeting of the agency
responsible for police services in the region.
Policy Scope
Application
☒ Employees (Indicate below which categories apply: All employees, Permanent full-time, Temporary full-time, Continuous part-
time, Casual, Probationary, Student, Management, Non-union)
• All employees
☐ Unions (Indicate below which categories apply: All Unions, CUPE 68 Civic, CUPE 68 Mechanics, CUPE 791, IATSE, IBEW, KPFFA)
• Click or tap here to enter text.
☐ Council
☐ Specified Positions: Click or tap here to enter text.
☐ Other: Local Boards and Advisory Committees
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Policy Content
1. The City is committed to providing and maintaining an environment that is based on
respect for the dignity and the rights of everyone in a healthy and safe work environment,
free of any forms of bullying, uncivil or disrespectful behaviour, and from discrimination,
harassment, including sexual harassment and violence.
In keeping with the principles of a respectful environment at City premises the following
behaviours or activities are deemed to be prohibited behaviours or activities.
2. Prohibited Activities
(a) Behaviours and activities including without limitation:
i) creating a disturbance or a nuisance;
ii) harassing communication– including but not limited to, that based on race,
ethnic origin, gender identity or sexual orientation and other protected
grounds under the Ontario Human Rights Code
iii) using profanity, obscene or abusive communication, racial or ethnic slurs,
directed at or disturbing others;
iv) vandalizing property;
v) fighting, molesting, intimidating or threatening others;
vi) disrupting a program or event;
vii) engaging in horseplay or causing unsafe conditions;
viii) wearing attire or displaying material that is intolerant of human rights;
ix) in-line skating, skateboarding, scootering, or bicycling, except where
permitted;
x) littering;
xi) blocking corridors, thoroughfares, stairways, or exits;
xii) spitting or causing unsanitary conditions;
xiii) urinating or defecating other than in appropriate areas of bathrooms;
xiv) preventing others from lawful use and enjoyment of property;
xv) unreasonably monopolizing space or facilities to the exclusion of others;
xvi) using City Premises for other than the intended purpose;
xvii) drinking alcohol in areas where not permitted;
xviii) smoking or vaping including without limitation the smoking of e-cigarettes in
areas not permitted including inside of or within 9 metres of the entrance to
any building under the jurisdiction of the City;
xix) behaviour contrary to rules, regulations, or prohibitions posted on property
of the City;
xx) behaviour and activities that would obstruct or hinder the rights of others to
use and enjoy City Premises
xxi) unscheduled gatherings or events which may interfere with regular or
scheduled events or bookings in accordance with MUN-FAC-2030 City
Facility Usage by Groups or Events
(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;
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(c) the use of any cell phone, camera, personal digital assistant (PDA), or electronic
equipment with photographic abilities in change rooms or washrooms of City
Premises; and
(d) other behaviour as may be prohibited from time to time by resolution of City
Council.
3. Employee Enforcement Options
All City employees including but not limited to City Security Staff are authorized to take
the following enforcement actions at any City Premises if inappropriate behaviour or
activity (“prohibited behaviour”) is observed or reported:
(a) make or receive reports on prohibited behaviour;
(b) assess situations;
(c) make verbal requests to refrain from a prohibited behaviour;
(d) give verbal warnings to refrain from a prohibited behaviour;
(e) when prohibited behaviour is included in a written communication, make
written requests and/or give written warnings to refrain from prohibited behaviour;
(f) give verbal directions to leave City Premises other than the travelled portion
of a highway for the remainder of an event or the remainder of a day, citing
the prohibited behaviour as the reason;
(g) upon refusal of person to follow a verbal direction, disengage from
communication, or at any time where there is a safety concern, to call City security
staff or police and request assistance;
(h) prepare reports of any incident requiring enforcement actions including the
prohibited behaviour, action taken, and, if known, the identification of the offender
including name, phone number, and address; and
(i) recommend to the appropriate supervisor or manager (if that position is filled
by someone other than the employee) that the individual who engaged in prohibited
behaviour be prohibited from returning to a program or certain City Premises for a
period of time.
4. Enforcement Options for City Security Staff
City Security Staff and City Security Management are authorized to take all lawful
enforcement options necessary to perform their duties, including:
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(a) verbally directing a person to leave City Premises for a period not exceeding 72
hours from the time of eviction, citing the prohibited behaviour as the reason;
(b) issuing a written Trespass Notice as authorized in Section 5;
(c) issuing a Provincial Offence Notice where applicable and as authorized to do so;
(d) to request assistance from police at any time; and
(e) lawfully arresting, handcuffing, searching, and holding an offender until the police
take the person into custody.
5. Issuance of Trespass Notice
The City of Kitchener may issue a Trespass Notice to persons, or group of persons, after
continued breaching of the prohibited behaviours/criminal offence in Section 2 that put the
safety of individuals and/or activities on City Premises in jeopardy, including but not limited
to; threatening or preventing others from lawful and safe use of City Premises. In the event
of a significant or serious incident the City may elect to provide a Trespass Notice
immediately.
A trespass notice may be served in person; or by registered or regular mail or courier or
hand delivery addressed to the recipient’s last known address.; or by e-mail to the
recipient’s last known e-mail address.
6. Appeal Process
Any individual receiving a written Trespass Notice in excess of 72 hours may appeal the
Trespass Notice by giving written notice of the appeal to the Clerk within 14 days of
receiving the Notice.
The Clerk shall ensure the Appeal is filed within the prescribed timeframe, and if so,
forward the Appeal notice to the City’s Hearing Officer appointed in accordance with the
Recruitment and Selection of Screening and Hearing Officers Policy (GOV-COU-2017).
The Appeal shall be heard by a Hearing Officer with delegated authority by Council, whose
decision shall be final and binding and no further appeal in respect of such decision shall
be available in accordance with By-law No. 2019-040 - Appointment of Screening &
Hearing Officers.
The Hearing Officer shall provide notice of date, time and manner of the hearing of the
appeal no fewer than seven days prior to the hearing to the person who received the
Trespass Notice and to the senior staff person who gave the Trespass Notice under
appeal.
On an appeal pursuant to subsection (1), subject to subsection (5), an Appeal Officer
may:
(a) revoke the Trespass Notice;
(b) shorten the term of the Trespass Notice;
(c) remove prohibited locations from the Trespass Notice; or
(d) affirm the Trespass Notice.
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A Trespass Notice is in effect other than during the period while the hearing is taking
place and only to the extent that the Trespass Notice prevents a person from entering
or remaining in a meeting room provided the person complies with the following
conditions:
(a) the person notifies the City Clerk of their intention to attend the meeting no later
than 24 hours prior to the scheduled start of the meeting;
(b) the person enters the meeting room no earlier than 15 minutes prior to the
scheduled start of the meeting;
(c) the person remains in the meeting room no longer than 15 minutes after the
meeting is adjourned; and
(d) the person complies with any directions given at the meeting respecting conduct
at the meeting.
If a person who appeals a Trespass Notice fails to participate in or attend the hearing
of the appeal as notified, the Trespass Notice is deemed to be affirmed.
7. Police as Agents
Any officer of the Waterloo Regional Police Services, the Ontario Provincial Police, or the
Royal Canadian Mounted Police is authorized to act as agent for the City in enforcing the
TPA and this policy at City Premises. Additionally, any officer of the Waterloo Regional
Police Services, the Ontario Provincial Police, or the Royal Canadian Mounted Police may
act as agent for the City in enforcing the TPA and this policy at City.
8. Signage
Signage may be erected in relation to this Policy. Any reference to former Council Policy
Number 1-345 or 1-495 or to a previous version of this Council Policy on signage shall be
deemed to be a reference to this Policy as amended.
Results of Review
☐ No Edits Required
☐ Housekeeping Edits
☒ Substantial Edits
☐ Repeal/Replace
Policy History
Administrative and Housekeeping Changes
Date Nature of Change
- -
Substantial Changes
Date Council/CLT Directive
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2024-11-18 As Per Council/CLT Directive - Report COR-2024-018
