Vancouver City Council |
MOTION ON NOTICE
Submitted by Councillor Ladner for the Regular Council meeting of October 5, 2004
1. Safe Streets Act
Whereas the safety of streets and neighbourhoods is of deep concern to all Vancouver residents, especially the most vulnerable members of society, including children and the elderly;
And whereas major crimes tend to proliferate where minor crimes are left unchecked;
And whereas citizens across Vancouver have made their opinions known at mayor's forums, other public meetings, through surveys and through correspondence with city councillors that many people do not feel safe walking in many areas of the city;
And whereas the tourism industry, a major source of jobs for low-income people, is undermined by people harrassing visitors on city streets;
And whereas proposed Safe Streets and Trespass Act legislation would result in less costly and more efficient ways for Vancouver City Police to deal with aggressive panhandlers, squeegee people and trespassers than existing city bylaw enforcement procedures;
And whereas this council has unanimously and repeatedly advocated better services for low income people, drug addicts and the mentally ill, to deal with root causes of poverty and much social disorder;
And whereas Mayor Larry Campbell has agreed to sit on a provincial committee to work with the provincial government on an integrated program to tackle the challenge of mental illness, homelessness and addictions in B.C. communities.
Therefore be it resolved that the City of Vancouver go on record as being in favour of safe streets by endorsing the proposed new Safe Streets Act and Trespass Act and joining the Safe Streets Coalition.
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BILL XX - 2004
Safe Streets Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Definitions
1. In this Act,
"solicit" means to request, in person, the provision of money or another thing of value, regardless of whether consideration is offered or provided in return, using the spoken, written or printed word, a gesture or other means.
"aggressive manner" means a manner that is likely to cause a reasonable person to be concerned for his or her safety or security.
"public transit vehicle" has the same meaning as in the Motor Vehicle Act;
"roadway" has the same meaning as in the Motor Vehicle Act;
"vehicle" has the same meaning as in the Motor Vehicle Act;
"outdoor public place" means a place outdoors to which the public is ordinarily invited or permitted access and, for greater certainty, includes but is not limited to a sidewalk, street, parking lot, swimming pool, beach, conservation area, park and playground, and school grounds.2. A person who solicits in an aggressive manner commits an offense
Solicitation of captive audience prohibited
3. A person commits an offense, who solicits,
(1) a person who is using, waiting to use, or departing from an automated teller machine;
(2) a person who is using or waiting to use a pay telephone or a public toilet facility;
(3) a person who is waiting at a taxi stand or a public transit stop;
(4) a person who is in or on a public transit vehicle;
(5) a person who is in the process of getting in, out of, on or off a vehicle or who is in a parking lot; or
(6) while on a roadway, a person who is in or on a stopped, standing or parked vehicle.
Disposal of certain dangerous things prohibited
4. A commits an offense, who disposes of any of the following items in an outdoor public place:
(1) a used condom.
(2) a new or used hypodermic needle or syringe.
(3) broken glass.
unless the person who disposed of the item establishes that he or she took reasonable precautions to dispose of it in a manner that would not endanger the health or safety of any person.
Amendment of Motor Vehicle Act
5. Section 182 of the Motor Vehicle Act is amended by adding the following:
182(4) No person, while on the roadway, shall stop, attempt to stop or approach a motor vehicle for the purpose of offering, selling or providing any commodity or service to the driver or any other person in the motor vehicle.
182(5) Subsection (4) does not apply to the offer, sale or provision of towing or repair services or any other commodity or service, in an emergency.
Commencement
6. This Act comes into force by regulation of the Lieutenant Governor in Council.BILL XX - 2004
Trespass to Property Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Definitions
1. (1) In this Act,
"occupier" includes,
(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")"premises" means lands and structures, or either of them, and includes,
(a) water,
(b) ships and vessels,
(c) trailers and portable structures designed or used for residence, business or shelter,
(d) trains, railway cars, vehicles and aircraft, except while in operation.School boards
(2) A school board has all the rights and duties of an occupier in respect of its school sites.
Trespass an offence
2. (1) A person commits an offense 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,
Colour of right as a defense
(2) It is a defense to a charge under subsection (1) in respect of premises that is land that the person charged reasonably believed that he or she had title to or an interest in the land that entitled him or her to do the act complained of.
Prohibition of entry
3. (1) Entry on premises may be prohibited by notice to that effect and entry is prohibited without any notice on premises, that is enclosed in a manner that indicates the occupier's intention to keep persons off the premises or to keep animals on the premises.
Implied permission to use approach to door
(2) There is a presumption that access for lawful purposes to the door of a building on premises by a means apparently provided and used for the purpose of access is not prohibited.
Limited permission
4. (1) Where notice is given that one or more particular activities are permitted, all other activities and entry for the purpose are prohibited and any additional notice that entry is prohibited or a particular activity is prohibited on the same premises shall be construed to be for greater certainty only.
Limited prohibition
(2) Where entry on premises is not prohibited under section 3 or by notice that one or more particular activities are permitted under subsection (1), and notice is given that a particular activity is prohibited, that activity and entry for the purpose is prohibited and all other activities and entry for the purpose are not prohibited.
Method of giving notice
5. (1) A notice under this Act may be given,
(a) Orally or in writing;
(b) By means of signs posted so that a sign is clearly visible in daylight under normal conditions from the approach to each ordinary point of access to the premises to which it applies.Substantial compliance
(2) Substantial compliance with this section is sufficient notice.
Form of sign
6. (1) A sign naming an activity or showing a graphic representation of an activity is sufficient for the purpose of giving notice that the activity is permitted.
Idem
(2) A sign naming an activity with an oblique line drawn through the name or showing a graphic representation of an activity with an oblique line drawn through the representation is sufficient for the purpose of giving notice that the activity is prohibited.
Notice applicable to part of premises
8. A notice or permission under this Act may be given in respect of any part of the premises of an occupier.
Arrest without warrant on premises
9. (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2.
Delivery to police officer
(2) Where the person who makes an arrest under subsection (1) is not a police officer, he or she shall promptly call for the assistance of a police officer and give the person arrested into the custody of the police officer.
Deemed arrest
(3) A police officer to whom the custody of a person is given under subsection (2) shall be deemed to have arrested the person for the purposes of the provisions of the Provincial Offences Act applying to his or her release or continued detention and bail.
Commencement
6. This Act comes into force by regulation of the Lieutenant Governor in Council.* * * * *