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HomeMy WebLinkAbout23 062 R-Zone Policy By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2023 – 062 Being a By-law to Adopt a R-Zone Policy for the Corporation of The Municipality of Kincardine Whereas Section 270 (1) of the Municipal Act 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt and maintain a policy with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public; and Whereas pursuant to the said Municipal Act, Sections 8 and 9 provides that a municipality has 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 Kincardine desires to adopt a new R-Zone Policy – Respect and Responsibility; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: 1. That the R-Zone Policy – Respect and Responsibility, for The Municipality of Kincardine, attached hereto as Schedule ‘A’ and forming part of this By-law be adopted. 2. That this By-law shall come into full force and effect upon its final passing. 3. That By-law may be cited as the “R-Zone Policy By-law”. Read a First and Second Time this 17th day of April, 2023. Read a Third Time and Finally Passed this 17th day of April, 2023. Mayor Clerk Schedule ‘A’ By-law 2023 - 062 Policy No.: REC.01 Section: Your Livable Community Policy Title: R-Zone Policy – Respect and Responsibility Adopted Date: April 17th, 2023 By-law No.: 2023 - 062 Revision Date: 1. Purpose The R-Zone Policy provides the framework for the measures and enforcement steps to be taken by staff, volunteers, and users in order to address inappropriate behaviour or violence in Community Services’ programs in municipally owned or leased facilities and properties. The Municipality of Kincardine is committed to ensuring the safety of service users and staff in its programs, facilities, and properties, and fostering an environment where there is Respect for others, and Responsibility for all actions. The Municipality will exercise no tolerance to any form of violence, vandalism or inappropriate behaviour in its programs, facilities, or properties. The Municipality’s programs, facilities and properties are places that promote learning, physical activity and leisure for residents and visitors. All users and staff have the right to be safe and to feel safe while attending a program, facility or property. With this right comes the responsibility to be accountable for actions or behaviours that put at risk the safety of others. The goal of this policy is to promote a positive, safe, enjoyable, and supportive environment for all users and staff in Municipal recreational programs, facilities or properties, and to increase the level of understanding and awareness of this policy. In addition, this policy will establish closer and continued relationships between the Municipality of Kincardine and organizations and users to support this policy. 2. Scope This policy applies to all staff and users of Community Services’ programs, facilities and properties including but not limited to patrons, guests, spectators, fans, coaches, players, parents, volunteers, and staff. The policy applies to structured (i.e. permit issued) and unstructured (i.e. no permit issued) activities. 1) A licensee is an occupant of the hired facility for the purposes of the Trespass to Property Act R.S.O. 1990 c. T.21. Sports organizations that are licensees of municipal facilities will be required to adopt policies that ensure that the R-zone policies are followed by the members and guests of that organization while using, entering, and exiting the facility. The policies of the said organizations shall include sanctions for violation of the R-zone policy. 2) When a sanction is imposed by a sports organization that involves restricting the access of a member or guest to municipal facilities during the time or during certain times that a Municipal facility is in or under control of a licensee, Municipal staff will assist the sports organizations by upholding the sanction. 3) Inappropriate behavior and violence for the purpose of this policy includes, but is not limited to, the following behaviours: (a) Loud verbal assaults directed at participants, officials, members of the public or Municipal staff deemed to be aggressive or intimidating or having the potential of inciting violence. (b) Threats and/or attempts to intimidate. (c) Throwing objects in a deliberate or aggressive manner. Schedule ‘A’ By-law 2023 - 062 (d) Aggressive approaches to another individual (physical/verbal in nature) (e) Physically striking another individual (f) Attempts to incite violence in others. (g) Theft of property (h) Possession of weapons (i) Vandalism to building or property owned or leased through Community Services (j) Refusal to follow the rules outlined by the Municipality of Kincardine (k) Racial or ethnic slurs (l) Use of illegal drugs (m)Use of alcohol on non-licensed premises (n) Harassment (“engaging in a course of vexatious comment or conduct that is known or ought reasonably to be known to be unwelcome” as defined by the Ontario Human Rights Code). (o) Contravention of Municipal by-laws or policies 4) If any of the prohibited behaviours occurs during an organized or administered event by the licensee, the licensee shall make all reasonable efforts to stop the prohibited behaviour prior to seeking the assistance of municipal staff. What is reasonable will depend on the degree of sophistication of the licensee. An organization like a sports organization will be expected to deal with prohibited behaviour in a much more sophisticated manner than a person who rents the pool for a birthday party. 3. Definitions “Facilities” shall mean any facility managed and/or permitted through the Community Services department; “Licensee” a person or organization that rents or hosts events on municipal property; “Programs” shall mean any programs or events facilitated by the Community Services department, including contracted programs; “Property” shall mean any property owned by the Municipality and/or permitted through the Community Services department 4. Responsibility (a) Community Services staff are the key personnel responsible for the implementation of this policy and procedures. (b) Municipal staff and Licensees are responsible for ensuring that preventative measures are in place so that incidents of violence, vandalism and inappropriate behaviour do not occur in its programs, properties, or facilities. (c) Visitors to the Municipality of Kincardine’s recreational programs, facilities or properties are responsible for behaving and acting in a manner that respects the rights of others in order for the services to be used and enjoyed by all. (d) Organizations, users and facilitators of Community Services’ programs, facilities and properties are primarily responsible for the behaviour of everyone associated with them including participants, officials, spectators, patrons, parents, guests, etc. (e) Major user groups by virtue of their signed agreements for use of municipal facilities, programs, and properties, are expected to promote, support, and endorse the Municipal operating procedures within their organizations. In addition, it is the responsibility of the signatory to sign a code of conduct and to ensure all those involved with the group (including out of town groups) are aware of the Municipality’s R-zone policy. (f) Casual users (non-permitted) are expected to abide by the Municipality’s R-zone policy. Schedule ‘A’ By-law 2023 - 062 (g) The Municipality shall work in partnership with community organization groups to ensure that their members have the opportunity to volunteer and participate in a safe and positive environment. 5. Procedure/ Policy 5.1. Education (a) Community Services, along with its community partners, will promote a promotional and educational campaign aimed at raising awareness among parents, participants, volunteers, officials, spectators, and patrons of the R-zone operating procedures and in particular, the importance of their role in creating a positive atmosphere. (b) In addition, necessary and required ongoing training and education will be provided to staff and volunteers (i.e., R-zone orientation, non- violence crisis intervention training, etc.), to support the implementation of this policy. (c) The licensee is responsible to take appropriate actions where inappropriate behaviours take place. Municipal staff should only be asked to intervene after the licensee has made reasonable efforts to request the offending individual to leave. 5.2. Duty to Report (a) The Municipality’s primary concern is the safety of the service users and its staff. If at any time users or staff feel personally threatened, the are to call the OPP immediately. It is NOT the expectation that staff or users put themselves at risk or jeopardize one’s safety in dealing with any perceived or real situation. (b) Municipal staff are to report acts of violence, vandalism or inappropriate behaviour to their immediate supervisor and convey a report to appropriate association(s) within 24 hours. (c) Patrons of municipal facilities are to report acts of violence, vandalism, or inappropriate behaviours to Municipal staff and/or a designated person of the organization within 24 hours. (d) All incidents of violence and or vandalism or threatening situations must be reported to the OPP. (e) Organizations dealing directly with incidents are required to inform the department of a resolution within 30 days. 5.3. Enforcement Options and Steps The Municipality will take appropriate actions when incidents pertaining to this policy occur in Municipal facilities, programs, or properties. Municipal staff are authorized to act if inappropriate behaviour or violence is observed or reported in the following instances: (a) Observation (or potential) of any physical violence or vandalism. (b) Observation of verbal abuse or (potential) threat. (c) The request of a community group representative (i.e., coaches), who acting reasonably is unable to get co-operation from parents, participants, coaches, officials, or spectators. (d) The request of a community group or individual who, as part of their operations, are threatened, intimidated, or persistently disrupted for the purposes of inciting negative activity. Enforcement guidelines are outlined in Schedule A. 5.4. Requirements of Users and Volunteers (a) A representative for each group or team must be on site at all times; (b) Representatives are required to understand the operating procedures; Schedule ‘A’ By-law 2023 - 062 (c) Without jeopardizing one’s safety, advise the identified party that they are contravening the departmental operating procedures and contact the OPP if necessary; (d) Provide full written report related to incident within the required time frame and notify Municipal staff; (e) If misconduct occurs in rented parts of Municipal facilities, municipal staff should only be asked to intervene after the licensee has made reasonable efforts to request the offending individual to leave. Upon witnessing or suspecting physical violence, enact the following Municipal procedures and contact the OPP immediately: (a) Without jeopardizing one’s safety, advise the identified party to stop the activity immediately or they will be asked to leave. (b) If the party does not co-operate, inform the identified party they are now trespassing (as OPP have been called). (c) If individual refuses to leave, do not engage in argument or physical confrontation but wait for OPP to arrive. (d) Advise authorized staff supervisor or on call supervisor immediately. (e) Prepare R-zone Incident Report. (f) Incident to be reviewed by staff. (g) All staff shall cooperate and support OPP during any investigation and prosecution process resulting from any charges laid. Upon witnessing continued abuse or activity,: (a) Assess the situation to determine if departmental operating procedures should be enacted. (b) Advise identified party, without jeopardizing one’s safety, that they stop the activity immediately or they will be asked to leave. (c) If party does not cooperate, inform identified party that they are now trespassing, and OPP will be called. (d) If individual refuses to leave, do not engage in argument or physical confrontation, leave and wait for OPP to arrive. (e) Advise authorized staff supervisor or on call supervisor immediately. (f) Request full written report from community group/representative. (g) Incident to be reviewed by staff. Upon reported actions of physical violence by community groups/representative or volunteer; enact departmental operating procedures and contact OPP immediately: (a) Without jeopardizing one’s safety, advise the identified party to stop the activity immediately or they will be asked to leave. (b) If the party does not co-operate, inform the identified party they are now: i. trespassing (as OPP have been called). (c) If individual refuses to leave, do not engage in argument or physical confrontation but wait for OPP to arrive. (d) Advise authorized staff supervisor or on call supervisor immediately. (e) Request full written report from community group/representative. (f) Incident to be reviewed by staff. Upon reported actions of verbal abuse or activity by community group/representative or Volunteer: (a) Assess the situation to determine if procedures should be enacted. (b) Without jeopardizing one’s safety, advise the identified party to stop the activity immediately or they will be asked to leave. (c) If party does not co-operate, inform the identified party that they are now trespassing, and OPP will be called. (d) If individual refuses to leave, do not engage in argument or physical confrontation but wait for OPP to arrive. (e) Advise authorized staff supervisor or on call supervisor immediately. (f) Prepare R-zone Incident Report. (g) Request full written report from community group/representative. (h) Incident to be reviewed by staff. Schedule ‘A’ By-law 2023 - 062 5.5. Consequence of Non-Compliance (a) Individuals who engage in any unacceptable behaviour, as defined in this policy, may, depending on the severity, be barred immediately from the premises and if necessary, a suspension for a period of time. The suspension may apply to all programs, facilities, and properties, if warranted. Length of suspension will be determined by a committee and will depend on the severity of the situation. (b) All incidents that result in a suspension or barring from programs, facilities and properties will be followed up in writing by Community Services, outlining the details of the suspension. The final decision related to the details of the suspension or barring will be made by the Director of Community Services or their designate. Correspondence related to discipline will be written by the Director of Community Services or designate. (c) Appropriate staff in facility sections or geographic areas will be notified of individuals who are barred or individuals who received a letter of trespass from Municipal properties and facilities. Appropriate organizations may be notified of the situation if warranted. (d) Incidents may be reported to the O.P.P., and charges may follow. (e) In addition to any other measures taken, where vandalism or theft has been perpetrated, the individual(s) responsible will be required to reimburse the Municipality for all costs associated with any repairs as well as any lost revenue or where appropriate be asked to repair the damage. 5.6. Appeal Process The Municipality’s appeal process shall not be used to attempt to overturn a sanction imposed by a sport’s organization. (a) Individual(s) wishing to appeal any disciplinary measure may present their case in writing, accompanied with a mandatory $100 fee to the Appeals Committee within fourteen (14) days of the decision. The fee will be refunded if the appeal is successful. (b) The Appeals Committee is to consist of the Director of Community Services or designate, the Manager of Parks and Facilities or designate, and the Manager of Community Programs or designate, in consultation with the appropriate staff and impacted organization, and they will review the appeal. Any decision made is final. 6. Related Policies 6.1. Workplace Harassment Prevention Policy 6.2. Workplace Violence Prevention Policy 7. Related Documents/Legislation Schedule A – R-Zone Enforcement Guidelines Schedule B- R-Zone Incident Report Schedule ‘A’ By-law 2023 - 062 Schedule A to the R-Zone Policy R-Zone Enforcement Guidelines The following guidelines outline the consequences for acts of inappropriate behaviour at all Municipality of Kincardine owned and Community Services operated facilities, properties, municipally sponsored events, programs, in written and verbal communication (including electronic and telephone) or any other location where Municipal Staff are present. It is understood that these guidelines do not include all types of behaviour, that each incident will be reviewed based on information available and that consequences outlined below are guidelines that may be adjusted to reflect conduct/actions. Consequences may be more severe or escalated depending on the circumstances of the inappropriate conduct. Time banned is from all Municipal facilities, properties, municipally sponsored events, programs or any other location where municipal staff are present. Inappropriate written or verbal communication will not be tolerated. Action will be taken as necessary. Incident First Occurrence Second Occurrence Any Subsequent Occurrences Aggressive or intimidating approaches to another individual (verbal assaults) including: - Attempts to goad or incite anger in others - Refusal to follow Municipal rules, guidelines or a breach of policy, procedure, by-law) Letter of warning Minimum 3- month ban and review to determine if further consequences are warranted Minimum 1- year ban and review to determine if further consequences are warranted - Threats - Harassment/bullying Minimum 3- month ban Minimum 6- month ban and review to determine if further consequences are warranted Minimum 3- year ban and review to determine if further consequences are warranted - Throwing of articles in a deliberate/aggressive manner - Physically striking of another individual - Illegal consumption of alcohol or drugs - Possession of weapons Minimum 6- month ban Minimum 1- year ban and review to determine if further consequences are warranted Minimum of 3- year ban and review to determine if further consequences are warranted - Vandalism to building or property - Theft Minimum 1- month ban, plus payment or repair costs and 20% administration fee Minimum 6- month ban, plus payment or repair costs and 20% administration fee. Review to determine if further consequences are warranted Minimum of 3- year ban, plus payment or repair costs and 20% administration fee. Review to determine if further consequences are warranted Schedule ‘A’ By-law 2023 - 062 Schedule B to the R-Zone Policy R-Zone Incident Report Individual Reporting Details Name of Person Reporting: _______________________________________________ Department: ___________________________________________________________ Position: _____________________________ Phone No.: _______________________ Date Incident was Reported: ______________________________________________ Incident Information Date: ______________________________ Time: _____________________________ Incident Information: _____________________________________________________ Location of Incident: _____________________________________________________ Participants Involved (a) Complainant Name: ________________________________________________ Address: _____________________________ Postal Code: ________________ Phone No.: ___________________________ (b) Respondent Name: ________________________________________________ Address: _____________________________ Postal Code: ________________ Phone No.: ___________________________ If there are more participants involved, please attach extra pages. Category (please check all that apply) Verbal Assault Theft of Property Threats Possession of Weapons Physical Assault/Harm Use of Alcohol or Drugs Vandalism Harassment Other (please specify in detail) _______________________________________ In-depth Description of Incident _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _______________ Other Relevant Information _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _______________ Who else was made aware of the Incident? Name: ________________________________________________________________ Address: _____________________________ Postal Code: ______________________ Phone No.: ___________________________ If there are more individuals involved, please attach extra pages. If another individual was made aware of the incident, how were they informed? In-person Phone Email Schedule ‘A’ By-law 2023 - 062 Other (Please specify in detail) _____________________________________________ Date the individual was informed: ____________________________ Please identify if another individual witnessed the incident. Name: ________________________________________________________________ Address: _____________________________ Postal Code: ______________________ Phone No.: ___________________________ If there are more individuals who witnessed the incident, please attach extra pages. For Office Use Only Action Taken (please check): Verbal Warning Date: _________________ Letter of Warning Date: _________________ Letter of Trespass Date: _________________ Appeal: No Yes Date: _________________ Outcome: _____________________________________________________________ File Closed: ___________________ Date: __________________ Name: __________________________________ Position: ______________________ Signature:_________________________________________________________ ____ Personal information on this form is collected under the authority of the Municipal Act, 2001, S.O. 2001, C.25 and will be used for the purpose of aggregate statistical reporting, and allocation of staff and resources. This information will also be used for the promotion of programs or activities so that we can provide good customer service.