HomeMy WebLinkAboutCLD-045-03
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REPORT
CLERK'S DEPARTMENT
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: DECEMBER 8, 2003
Report #: CLD-45-03
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File#:
By-law #: .1003-/9.;>
Subject:
TRESPASSING
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-45-03 be received;
2. THAT the Municipal Law Enforcement Officers and the Parking Enforcement Officers be
appointed to enforce the provisions of the TreslJass to ProlJertv Act as it applies to the
Municipal Administrative Centre;
3. THAT the By-law attached to Report CLD-45-03 be approved and forwarded to Council
for passage; and
4. THAT the Durham Regional Police Services be advised of Council's decision.
Submitted by:
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Reviewed by: Franklin Wu,
Chief Administrative Officer
PLB*LC*ct
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET. BOWMANVILLE, rtf}110 L 1 C 3A6 T 905-623-3379 F 905-623-6506
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REPORT NO,:CLD-45-D3
PAGE 2 of3
BACKGROUND
Over the last few years there have been several incidents involving unwelcome or unwanted
persons in the Municipal Administrative Centre. These situations have led to staff concerns for
their personal safety and general security of the building.
Over time an ad hoc procedure has developed which involved the Municipal Law Enforcement
Officers being called to assist in the removal of unwanted persons.
The TresD8ss to ProDertv Act identifies those persons who may have the authority to remove
or demand the removal of unwanted people. Section 2 of the Act states:
hill Every person who is not acting under a right or authority conferred by law and who,
(a) without the express permission ofthe 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 $2,000. R.S.O. 1990,
c. T.21, s. 2 (I),
The "occupier" is defined in the Act as including,
(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")
In the current circumstances there is no clear definition or direction for the Municipal Law
Enforcement Officers to act as agents or occupiers of the property. In the event of a
confrontation this ambiguity could lead to a question of authority and liability on the part of the
officers and the Municipality.
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REPORT NO.:CLD-45-o3
PAGE 3 OF 3
CONCLUSION
In order to resolve these concerns, staff are recommending that a by-law be passed to appoint
the Municipal Law Enforcement Officers and the Parking Enforcement Officers as agents of
the Municipality for the purpose of enforcing the provisions of the Tresoass to Prooertv Act.
In the event that an individual refuses to depart when directed or becomes aggressive, the
Regional Police will be called to assist.
ATTACHMENT #1: Appointment By-Law
Interested parties to be advised of Council's decision:
Durham Regional Police Services
16TH Division
1998 Regional Road 57
Bowmanville, ON
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ATTACHMENT III
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2003-
Being a by-law to appoint certain employees
as agents of the Municipality for the purposes of
enforcing the provisions of the Trespass to Property Act
WHEREAS the Trespass to Property Act R.S,O, 1990, c. T.21 allows an
occupant or the pesons authorized by the occupant to enforce the provisons of
the Act; and
WHEREAS section 8 of the Municipal Act 2001, S.0.2001, c,25 grants
municipalities the capacity, rights, powers and privileges of a natural person for
the purpose of exercising its authority under this or any other Act; and
WHEREAS the Council of the Corporation of the Municipality of Clarington
deems it expedient to exercise its authority granted under the T repass to
Property Act for the safety and wellbeing of it employees and those persons
lawfully using the Municipal Administrative Centre facilities;
NOW THEREFORE the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1 The provisions of this by-law shall apply to the Municipal Administrative
Centre located at 40 Temperance Street Bowmanville,
2 The Municipal Law Enforcement Officers and the Parking Enforcement
Officers of the Corporation are hereby designated as authorized persons
for the purpose of enforcing the provisions of the Trespass to Property Act
at the Municipal Administrative Centre with full authority as granted under
the Act.
By-law read a third time and finally passed this
day of
day of
2003,
By-law read a first and second time this
2003.
Mayor
Municipal Clerk
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