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Bylaw No. 2978-2023

Facilities Conduct Bylaw, 2023

Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws [N/A]. Last amended June 26, 2023.

Contents
Part 1 — General
 1 Purpose
 2 Exercise of authority by employees
 3 Definitions
 4 Interpretation
 5 Application
 6 Conduct in or on a facility
 7 Attendance at facility prohibited during suspension
 8 Suspension may apply to more than one facility
 9 Right to reconsideration
 10 Notifications of suspensions
 11 Contraventions
Part 2 — Responding to Incidents
Division 1 — Incidents
 12 Responses to an incident
 13 When a minor is involved
 14 Reporting incidents
 15 Actions after an incident
Division 2 — Interim Suspensions
 16 Imposition of interim suspension
 17 Notice of interim suspension
 18 Meetings of expected conduct
 19 Duration of interim suspension
Division 3 — Temporary Suspensions
 20 Recommendation of a temporary suspension
 21 Requirements to impose a temporary suspension
 22 Duration of temporary suspension
 23 Modification of a temporary suspension
 24 Notice of imposition or modification of temporary position
Division 4 — Declarations of Inadmissibility
 25 Recommendation of a declaration of inadmissibility
 26 Requirements to impose a declaration of inadmissibility
 27 Duration of declaration of inadmissibility
 28 Modification of a declaration of inadmissibility
 29 Notice of imposition or modification of a declaration of inadmissibility

The Council of the City of Abbotsford, in open meeting assembled, enacts as follows:

Part 1 — General

Purpose

1   The purpose of this bylaw is to regulate and impose requirements in relation to persons in or on a facility.

Exercise of authority by employees

2   Employees will exercise their power and authority under this bylaw fairly and equitably and in accordance with all applicable domestic enactments and policies of the City.

Definitions

3   In this bylaw:

"business day" means a day that is not a holiday or a Saturday;

"declaration of inadmissibility" means the prohibition by the city manager of a person from being in or on a specified facility for a specified duration of time generally not exceeding two years;

"employee" means a person employed or retained by the City, including a volunteer or contractor authorized to provide services directly to the public on behalf of the City;

"facility" means property or land owned or operated by the City, including City Hall, a recreation centre, a park, and a transit terminal, but excluding any portion of property or land under the care and control of a third party;

"general manager" means a general manager who has functional responsibility and accountability for operations of a particular facility;

"improper conduct" means any of the following:

(a) a nuisance that interferes with the use and enjoyment of a facility by another person;

(b) subjecting an employee to actual or threatened harassment, intimidation, bullying or violence in their workplace;

(c) an act that contravenes posted rules and guidelines;

(d) a violation of a term or condition of a suspension;

(e) smoking or vaping contrary to the Smoking Regulation Bylaw;

(f) a contravention of an applicable domestic enactment;

(g) trespass;

(h) the destruction of property without the consent of the owner of the property;

(i) consumption of liquor;

(j) intoxication;

(k) possession of a weapon;

(l) violence;

(m) an illegal act;

"incident" means an occurrence in which a City employee believes that a person is engaging in improper conduct;

"interim suspension" means the prohibition by a manager of a person from being in or on a specified facility until up to one month after a meeting of expected conduct occurs;

"letter of expected conduct" means the written communication issued to a person who has contravened an applicable domestic enactment;

"manager" means the employee to whom another employee reports;

"meeting of expected conduct" means the meeting between a manager and a person on whom an interim suspension is imposed;

"temporary suspension" means the prohibition by a general manager of a person from being in or on a specified facility for a specified duration of time not exceeding one year;

"suspension" includes

(a) an interim suspension,

(b) a temporary suspension, and

(c) a declaration of inadmissibility;

"verbal warning" means a verbal communication to a person alleging improper conduct;

"violence" includes

(a) physical or sexual abuse of another person,

(b) attempts to physically or sexually abuse another person, and

(c) psychological or emotional abuse of another person, including

(i) intimidation, harassment, coercion or threats, including threats respecting other persons or property, and

(ii) intentional damage to property;

"weapon" has the same meaning as in the Criminal Code.

Interpretation

4   The Interpretation Bylaw applies to this bylaw.

Application

5   This bylaw applies to persons in or on a facility.

Conduct in or on a facility

6   (1) A person in or on a facility must

(a) treat every person with respect, dignity and fairness,

(b) comply with all posted signage,

(c) comply with all reasonable directions of City employees, and

(d) comply with all applicable domestic enactments.

(2) A person must not commit, or incite, improper conduct in or on a facility.

Attendance at facility prohibited during suspension

7   A person on whom a suspension is imposed must not be in or on a facility in contravention of the terms and conditions of the suspension except as invited by a manager for the purpose of conducting a meeting in relation to the administration of this bylaw.

Suspension may apply to more than one facility

8   A suspension may apply to more than one facility.

Right to reconsideration

9   A person who receives a suspension may request a reconsideration of the suspension by Council in accordance with the Appeal Procedure Bylaw.

Notifications of suspensions

10   (1) If a suspension is imposed or modified, a manager, a general manager, or the city manager, as applicable, will notify the employees of each facility affected by the imposition or modification of the suspension of

(a) the name of the person on whom the suspension is imposed,

(b) a physical description of the person on whom the suspension is imposed;

(c) when the person on whom the suspension is imposed may return to the facility.

(2) If a temporary suspension is recommended, imposed or modified, the general manager will notify the city manager.

(3) If a declaration of inadmissibility is recommended, imposed or modified, the city manager may notify Council in a meeting closed to the public in accordance with section 90 meetings that may or must be closed to the public of the Community Charter.

Contraventions

11   Every person who contravenes this bylaw by doing an act that it forbids, or omitting to do an act that it requires to be done, commits an offence and is subject to enforcement and penalties in accordance with the Bylaw Enforcement Bylaw.

Part 2 — Responding to Incidents

Division 1 — Incidents

Responses to an incident

12   (1) An employee may do any of the following if an incident occurs in or on a facility:

(a) request the identification of any person involved in the incident and copy the information from the identification;

(b) explain to any person involved in the incident that the conduct of that person is unacceptable and ask the person to cease the conduct;

(c) direct any person involved in the incident to leave the facility;

(d) request police assistance.

(2) In addition to subsection (1), a manager may impose an interim suspension in accordance with section 16 imposition of interim suspension.

When a minor is involved

13   If a minor is involved in an incident, a manager will make reasonable attempts to inform the minor's parent or guardian as soon as reasonably possible.

Reporting incidents

14   Within a reasonable time after an incident, an employee will

(a) complete a report detailing the incident, including

(i) the details of the incident,

(ii) the physical description of the person involved in the incident, and

(iii) the names and contact information of any witnesses, and

(b) submit the report to a manager.

Actions after an incident

15   (1) If after considering a report of an incident made under section 14 reporting incidents, other available information and the considerations listed under subsection (3), a manager will determine whether the incident

(a) does not constitute a contravention of this bylaw and take no further action,

(b) constitutes a contravention of this bylaw, and

(i) take no further action having regard to the circumstances and any action taken under section 12 responses to an incident, or

(ii) take further action, including

(A) giving a verbal warning to the person,

(B) issuing a letter of expected conduct to the person,

(C) imposing an interim suspension on the person, or

(D) recommending to the general manager to impose a temporary suspension on the person.

(2) A verbal warning and a letter of expected conduct communicates the following:

(a) the improper conduct that the person committed;

(b) that the person must comply with this bylaw;

(c) possible actions that may be taken against the person for a future contravention of this bylaw.

(3) In determining the appropriate action to address a person's contravention of this bylaw, a manager will consider the following:

(a) the nature and severity of the improper conduct;

(b) whether the improper conduct was a single or repeated act;

(c) whether the person had knowledge that the person had committed the improper conduct and nonetheless repeated or continued the improper conduct;

(d) the impact of the improper conduct on members of the public and employees;

(e) the person's acknowledgement of the improper conduct;

(f) the person's history of other incidents or contraventions.

Division 2 — Interim Suspensions

Imposition of interim suspension

16   If a manager imposes an interim suspension on a person while the person is in or on a facility to which the interim suspension applies, the person must leave the facility immediately.

Notice of interim suspension

17   (1) A manager will give verbal or written notice of the interim suspension to the person under the interim suspension.

(2) Notice of an interim suspension includes the following:

(a) the reason for which the interim suspension has been imposed;

(b) the time from which the interim suspension is effective;

(c) that the interim suspension is effective until the person has had a meeting of expected conduct and a manager lifts the interim suspension;

(d) the particulars of the facility that the person must not be in or on during the interim suspension;

(e) instructions on how to contact a manager to schedule a meeting of expected conduct;

(f) notice of the person's right to request a reconsideration by a director under the Customer Inquiry and Resolution Policy.

Meetings of expected conduct

18   (1) For the purpose of this section, any action to be taken by a person on whom an interim suspension is imposed may be taken by the parent or guardian of the person.

(2) A meeting of expected conduct will be scheduled by a manager within 10 business days of receiving a written request from a person on whom an interim suspension is imposed.

(3) If the person on whom an interim suspension is imposed is a minor, a manager will conduct the meeting of expected conduct with the minor and a parent or guardian of the minor.

(4) If the person on whom an interim suspension is imposed, or the person's parent or guardian, is unable to attend the meeting of expected conduct at the time referred to in subsection (2), a manager will use reasonable efforts to schedule the meeting of expected conduct for a time that is convenient to the person, the person's parent or guardian if applicable, and the manager.

(5) At a meeting of expected conduct, a manager will inform the person on whom an interim suspension is imposed, or the person's parent or guardian, of the following:

(a) the reason for which the interim suspension has been imposed;

(b) the conduct expected of the person at a facility, including that the person must comply with this bylaw;

(c) a warning that any further incident involving the person could result in a further suspension being imposed on the person.

(6) At the end of a meeting of expected conduct, a manager will

(a) lift the interim suspension immediately,

(b) inform the person on whom the interim suspension is imposed of the date when the interim suspension will be lifted,

(c) inform the person on whom the interim suspension is imposed that the manager will recommend to a general manager that a temporary suspension be imposed on the person, or

(d) inform the person on whom the interim suspension is imposed of the date by which the manager will inform the person that

(i) the interim suspension will be lifted and on what date, or

(ii) whether the manager will recommend to a general manager that a temporary suspension be imposed on the person.

Duration of interim suspension

19   (1) Subject to subsection (2), a suspension will be lifted no later than one month from the date of the most recent meeting of expected conduct with a person on whom the suspension is imposed.

(2) Despite subsection (1), a person may be subject to a suspension beyond one month from the date of a meeting of expected conduct if any of the following occur:

(a) a manager imposes an interim suspension on the person in respect of an incident that occurs before or after the meeting of expected conduct;

(b) a general manager imposes a temporary suspension on the person;

(c) the city manager imposes a declaration of inadmissibility on the person.

(3) In determining the appropriate time to lift an interim suspension or whether to recommend to a general manager that a temporary suspension be imposed on a person, a manager will consider the following:

(a) the nature and severity of the improper conduct;

(b) whether the improper conduct was a single or repeated act;

(c) whether the person had knowledge that the person had committed the improper conduct and nonetheless repeated or continued the improper conduct;

(d) the impact of the improper conduct on members of the public and employees;

(e) the person's acknowledgement or lack of acknowledgment of the improper conduct;

(f) the person's history of other incidents or contraventions.

Division 3 — Temporary Suspensions

Recommendation of a temporary suspension

20   If a manager recommends to a general manager that a temporary suspension be imposed on a person, the manager will provide to the general manager the following:

(a) a copy of the report made under section 14 reporting incidents;

(b) details of any action already taken;

(c) information relevant to the manager's determination under section 19 (3);

(d) the proposed terms and conditions of the temporary suspension, including

(i) the scope of the temporary suspension, and

(ii) the duration of the temporary suspension.

Requirements to impose a temporary suspension

21   A general manager may only impose a temporary suspension if the following conditions are met:

(a) a recommendation under section 20 recommendation of a temporary suspension has been made;

(b) there are reasonable grounds to conclude that the person has

(i) engaged in improper conduct,

(ii) knowledge of the reasons leading to the interim suspension, and

(iii) received or evaded written notice of the interim suspension.

Duration of temporary suspension

22   (1) Subject to subsection (2), a temporary suspension will be lifted no later than 1 year from the date of the most recent meeting of expected conduct with a person on whom the suspension is imposed.

(2) Despite subsection (1), a person may be subject to a suspension beyond 1 year from the date of a meeting of expected conduct if the city manager imposes a declaration of inadmissibility on the person.

(3) In determining the appropriate duration of a temporary suspension and whether to recommend to the city manager that a declaration of inadmissibility be imposed on a person, a general manager will consider the following:

(a) the nature and severity of the improper conduct;

(b) whether the improper conduct was a single or repeated act;

(c) whether the person had knowledge that the person had committed the improper conduct and nonetheless repeated or continued the improper conduct;

(d) the impact of the improper conduct on members of the public and employees;

(e) the person's acknowledgement or lack of acknowledgment of the improper conduct;

(f) the person's history of other incidents or contraventions;

(g) whether a period of suspension greater than 1 month from the date of a meeting of expected conduct is required to protect the safety or security of a facility;

Modification of a temporary suspension

23   A general manager may modify the terms and conditions of a temporary suspension if the person under the temporary suspension

(a) breaches the terms or conditions of the temporary suspension,

(b) is involved in another incident during the temporary suspension, or

(c) the person under the temporary suspension demonstrates to the satisfaction of the general manager that a modification of the terms and conditions of a temporary suspension is in the public interest.

Notice of imposition or modification of temporary position

24   (1) A general manager or authorized designate will provide written notice of a temporary suspension to the person under the temporary suspension at the person's last known address.

(2) Notice of the imposition of modification of a temporary suspension includes the following:

(a) the reason for which the temporary suspension has been imposed or modified;

(b) the date until which the temporary suspension is effective;

(c) the particulars of each facility that the person must not be in or on during the temporary suspension;

(d) a warning that any breach of the terms and conditions of the temporary suspension could result in a declaration of inadmissibility being imposed on the person;

(e) notice of the person's right to request a reconsideration by the city manager under the Customer Inquiry and Resolution Policy.

Division 4 — Declarations of Inadmissibility

Recommendation of a declaration of inadmissibility

25   If a general manager recommends to the city manager that a declaration of inadmissibility be imposed on a person, the general manager will provide to the city manager the following:

(a) a copy of the report made under section 14 reporting incidents;

(b) details of any action already taken;

(c) information relevant to the general manager's determination under section 22 (3);

(d) the proposed terms and conditions of the declaration of inadmissibility, including

(i) the scope of the declaration of inadmissibility, and

(ii) the duration of the declaration of inadmissibility.

Requirements to impose a declaration of inadmissibility

26   The city manager may impose a declaration of inadmissibility on a person if the following conditions are met:

(a) a recommendation under section 25 recommendation of a declaration of inadmissibility has been made;

(b) there are reasonable grounds to conclude that a period of suspension greater than 1 year is required to protect the safety or security of a facility.

Duration of declaration of inadmissibility

27   (1) Subject to section 28 (2), a declaration of inadmissibility will be lifted no later than 2 years from the date of the most recent meeting of expected conduct with a person on whom the suspension is imposed.

(2) In determining the appropriate duration of a declaration of inadmissibility, the city manager will consider the following:

(a) the nature and severity of the improper conduct;

(b) whether the improper conduct was a single or repeated act;

(c) whether the person had knowledge that the person had committed the improper conduct and nonetheless repeated or continued the improper conduct;

(d) the impact of the improper conduct on members of the public and employees;

(e) the person's acknowledgement or lack of acknowledgment of the improper conduct;

(f) the person's history of other incidents or contraventions;

(g) whether a period of suspension greater than 1 year from the date of a meeting of expected conduct is required to protect the safety or security of a facility;

Modification of a declaration of inadmissibility

28   (1) The city manager may modify the terms and conditions of a declaration of inadmissibility if the person under the declaration of inadmissibility

(a) there are reasonable grounds to conclude that the person has engaged in improper conduct during the suspension, or

(b) the person under the declaration of inadmissibility demonstrates to the satisfaction of the city manager that a modification of the terms and conditions of the declaration of inadmissibility is in the public interest.

(2) Despite section 26, a declaration of inadmissibility may exceed 2 years from the date on which the incident giving rise to the suspension occurred if the city manager modifies the terms and conditions of the declaration of inadmissibility in accordance with subsection (1) (a).

Notice of imposition or modification of a declaration of inadmissibility

29   (1) The city manager or authorized designate will provide written notice of a declaration of inadmissibility to the person under the declaration of inadmissibility at the person's last known address.

(2) Notice of the imposition of modification of a declaration of inadmissibility includes the following:

(a) the reason for which the declaration of inadmissibility has been imposed or modified;

(b) the date until which the declaration of inadmissibility is effective;

(c) the particulars of each facility that the person must not be in or on during the declaration of inadmissibility;

(d) a warning that any breach of the terms and conditions of the declaration of inadmissibility could result in the duration of the declaration of inadmissibility being extended;

(e) notice of the person's right to request a reconsideration by Council under the Appeal Procedure Bylaw.

READ A FIRST TIME on June 12, 2023 READ A SECOND TIME on June 12, 2023 READ A THIRD TIME on June 12, 2023 ADOPTED on June 26, 2023