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THE CORPORATION OF THE CITY OF WINDSOR
POLICY
Service
Area:
Office of the City Solicitor
Policy No.:
Department:
Legal
Approval Date: May 27, 2013
Division:
Legal Services
Approved By:
CR98/2013
Effective Date:
May 27, 2013
Subject:
Notice of Trespass Policy
Prepared
By:
Patrick T. Brode
NOTICE OF TRESPASS POLICY
1.
POLICY STATEMENT
1.1
The purpose of this policy is to provide a system of issuance of notices of trespass
and to ensure that access to a municipal property is protected as per the Trespass to
Property Act, R.S.O. 1990, T.21, and that all citizens have a right to the enjoyment
and use of municipal property without interference, as well as a right to peaceful
demonstration and expression of dissenting views.
2.
DEFINITIONS
In this policy, unless otherwise stated:
2.1
Municipal premises include the buildings, and all adjacent municipal property
which is attached to the building, including but not limited to playgrounds, parking
lots and parks.
2.2
Trespassing carries the definition used in the Trespass to Property Act, 1990.
Trespass an offence
2. (1) Every person who is not acting under a right or authority conferred by law and who,
(a)
without the express permission of the 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(1).
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2.3
The following persons will be empowered to act as "authorized persons" or
occupiers at municipal premises for the purposes of enforcing the Trespass to
Property Act, 1990, of the Province of Ontario; and when necessary to issue a notice
of trespass.
a) a person currently employed with The Corporation of the City of Windsor in a
supervisory position.
b) an Officer of the Windsor Police Service.
2.4
This policy shall apply to all City properties.
2.5
All references to Chief Administrative Officer (CAO), Corporate Leadership Team
Member (CLT), City Solicitor, City Clerk and Executive Director of Human
Resources include their designates from time to time.
3.
PROCEDURES
3.1
Warnings to Trespassers
3.1.1
Entry onto municipal premises may be prohibited by providing notice.
The notice may be given orally or in writing to any person whose conduct
is disruptive to the conduct of City business or activities or is threatening
to the staff or other users of City facilities. Specific notice that entry is
prohibited is not required to keep persons out where the site is completely
enclosed by a fence which has been specifically designed to keep persons
off the property.
3.1.2
In order to prohibit general entry to municipal premises, it is necessary to
have signs or markings; otherwise it is necessary to confront a trespasser
and give oral notice.
3.2
Written Notice of Trespass in a Non-Emergency Situation
In a non-emergency situation and/or where a person has trespassed on municipal
premises and the person's attendance in future is undesirable, in that it is
threatening to other users, disruptive of others use of municipal property, or is
conduct which impairs others using municipal property, a notice of trespass letter
may be mailed or delivered in person, in a form similar to the example in Form 1.
Such a letter is not a requirement for laying a charge against such a person should
he or she continue to trespass.
3.3
Notices of Trespass
All written Notices of Trespass to be issued by the City shall, prior to issuance, be
forwarded for review to the City Solicitor or designate to determine whether the
circumstances warrant the issuance of a written Notice to Trespass. The City
Solicitor or his designate shall, in appropriate circumstances issue the Notice to
Trespass.
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3.4
Representations
The subject of the Notice shall be permitted to make representations to the City
Solicitor (either in writing or in person) prior to its issuance.
3.5
Records
The Notice of Trespass as issued by the City Solicitor shall be filed with the CAO
and the Executive Director of Human Resources and Facility Management.
3.6
Dealing with a Trespasser
Authorized persons will find the following guidelines useful when dealing with a
trespasser:
3.6.1
Preliminary Measures
a)
Get a good description of the person.
b)
Note the time.
3.6.2
Preventing Confrontation - Engendering Maximum Co-operation
a)
Introduce yourself (name, position and authority to act).
b)
Be courteous, calm and assured.
c)
Ask the person to identify herself/himself (name and address).
d)
Do not touch the person.
e)
Give clear direction to the person and offer assistance.
f)
Try to keep the situation from escalating.
g)
The trespasser will usually comply, and no further action will be
necessary. If not, inform the person that he or she is trespassing
and is directed to leave the premises.
3.7
Laying a Charge
3.7.1
If the trespasser refuses to leave, or if the trespasser has caused property
damage, you may call the police to lay a charge. Again request the
trespasser's name and address (if these are not available from another source)
in order that you may have the police lay a charge.
3.7.2
Advise your immediate supervisor of any action you have taken.
3.7.3
The authorized person shall notify the City Solicitor in writing of all the
particulars of the event leading up to the incident.
3.8
Arresting a Trespasser
3.7.1 CALL THE POLICE TO MAKE THE ARREST.
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4.
LENGTH OF BAN
4.1
A first Notice of Trespass will be for a period of up to a week to ten days.
Subsequent cases or incidents of more serious or threatening behaviour many
incur periods of up to six months including an indefinite ban as approved by the
City Solicitor. Long term bans shall be the exception rather than the rule.
4.2
The Notice shall be subject to an automatic review by the authorized person
issuing the notice after twelve months and every succeeding twelve months after.
5.
APPEALS
5.1
Should a person served with a written Notice of Trespass take issue with that
service, a written letter outlining the reason for appeal should be forwarded by that
person to the CAO. In making the decision, the CAO may choose to seek legal
advice from a source other than the City Solicitor. The CAO may uphold the service
of that Notice or direct its withdrawal and the decision of the CAO is final.
6.
FORMS
Form 1:
Template of Notice of Trespass Letter
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Attachment 1: Form 1 - Template of Notice of Trespass Letter
[FORM 1]
T H E C O R P O R A T I O N O F T H E C I T Y O F W I N D S O R
NOTICE UNDER THE TRESPASS TO PROPERTY ACT
[Date]
[ADDRESS]
Dear
:
Please consider this a Letter of Notice under the Trespass to Property Act.
This letter is to address those behaviours observed on [insert date], in which you did the
following:
[describe]
The above actions are unacceptable and inappropriate.
YOU ARE HEREBY GIVEN NOTICE THAT YOU ARE NOT PERMITTED ENTRY
TO THE CITY OF WINDSOR PROPERTIES (specify areas) WITHOUT EXPRESS
PERMISSION, EITHER IN WRITTEN FORM OR BY TELEPHONE
CONFIRMATION, BY A SITE MANAGER OR DESIGNATE. YOU ARE ALSO NOT
PERMITTED TO LOITER ABOUT THE PROPERTY SURROUNDING THIS AREA
WITHOUT PURPOSE.
THIS NOTICE MAY BE APPEALED TO THE CHIEF ADMINISTRATIVE OFFICER.
If you require further assistance or clarity regarding this matter, please feel free to contact me
by phone at 519-255-6100 ext. XXXX, or by letter at the below address.
Sincerely,