The draft follows and if you have any comments regarding the bylaw please email me. I will be supporting this bylaw. The Anti-Bullying Bylaw can only succeed with the collective impact of the schools, arts and recreation programming, enforcement, and other organizations such as West Central Crisis and Family Support Centre, SPOKES, Heartland Health, and more; this bylaw is a community effort.
Further, the Province has approved the Community Safety Officer (CSO) program. This will also be coming before Council as a tool to enhance bylaw enforcement and increased public safety. The Community Safety Officer does not have the same scope for enforcement as the RCMP but should the CSO be adopted by Council they will have the full support of the RCMP. Given a variety of factors including increased growth, requests for greater enforcement of laws that our Bylaw Officers are unable to enforce currently, and our desire for a safe community I will be supporting this initiative.
DRAFT BYLAW #21-14
A BYLAW OF THE TOWN OF KINDERSLEY, IN THE
PROVINCE OF SASKATCHEWAN, TO CONTROL AND
REGULATE HARASSMENT AND BULLYING OF MINORS AND/OR PERSONS IN THE
TOWN OF KINDERSLEY.
WHEREAS The
purpose of this bylaw is to promote the safety, health and welfare of people by
proscribing certain anti-social behaviour not otherwise covered by The
Occupational Health and Safety Act, 1993 or the Criminal Code of Canada.
WHEREAS, pursuant to Section 4(1) of The Municipalities
Act as amended, a municipality’s purpose include developing and
maintaining a safe and viable community, and to foster economic, social and
environmental well-being; and
WHEREAS, pursuant to Section 8(1) of The Municipalities
Act as amended, a Council may pass Bylaws respecting the safety,
health and welfare of people and the protection of people and
property
and respecting people, activities and things in or near public
places; and
WHEREAS, the one of the three stated missions on the Town of
Kindersley Strategic Plan 2014-2016, is to foster a community that is A
Family Friendly Multicultural Community That is Safe; and
WHEREAS, bullying in
any community should not be tolerated and every effort should be made between
all agencies, organizations, and levels of government to curb bullying; and
WHEREAS bullying in
schools, the workplace, and in everyday life is a growing concern because of
the short and long-term lasting effects on victims; and
WHEREAS bullying has
evolved to having a presence on the world wide web known as cyberbullying; and
WHEREAS in 2006, the City of Regina
became the first Canadian city to prohibit bullying in a public place and
bullying through written or electronic communication, as well as fighting,
encouraging a fight or recording a fight. The offences come with fines of up to
$2,000, required attendance at an anti-bullying course, or up to 90 days in
jail;
NOW THEREFORE under the authority of the The
Municipalities Act, The Council of the Town of Kindersley, in
the Province
of Saskatchewan, ENACTS AS FOLLOWS:
PART I BYLAW TITLE
1. This bylaw shall be known as the "Anti-Bullying"
bylaw.
PART II DEFINITIONS
1. "Bullied" means the repeated or habitual harassment
of
others by the real or threatened infliction of physical
violence and attacks, racially, ethnic, gender or sexual
orientation based abuse, taunts, name calling and put-downs
that are verbal, written or electronically transmitted, or
emotional abuse, extortion or stealing of money and
possessions and social out-casting.
2. "Minor" means an individual less than 18 years of
age.
3. "Peace Officer" means a member of the Royal
Canadian
Mounted Police, or a Special Constable appointed by the
municipality.
4. "Public Place" means any place, including privately
owned
or leased property, to which the public reasonably has or
is permitted to have access, whether on payment or
otherwise, within the corporate limits of the Town of Kindersley,
including schools, recreational facilities, public parks and
sports grounds.
PART III ENFORCEMENT
1. No person shall, in any public place:
a. Communicate either directly or indirectly, with any
person in a way that causes the person, reasonably in
all the circumstances, to feel bullied.
b. While not taking part in any action described in
Part 3, Section 1 (a) encourage or cheer on, any
person described in Part 3, Section 1 (a).
2. Any person who contravenes Part 3, Section 1 (a) of this
Bylaw is guilty of an offence punishable on summary
conviction and is liable
a. For a first offence, to a minimum specified penalty of
$250.00; and
b. For second, or subsequent offences, to a fine not
exceeding $1,000.00; and in default of payment of
the fine and costs, to imprisonment for six months.
3. Any person who contravenes Part 3, Section 1 (b) of this
Bylaw is guilty of an offence punishable on summary
conviction and is liable
a. For a first offence, to a minimum specified penalty of
$100.00; and
b. For second, or subsequent offences, to a fine not
exceeding $250.00; and in default of payment of the
fine and costs, to imprisonment for six months.
4. If an Offence Notification Ticket is issued in respect of an
offence, the Offence Notification Ticket may;
a. Specify the fine amount established by this Bylaw for
the offence; or
b. Require a person to appear in Court without the
alternative of making a voluntary payment.
5. A person who commits an offence, may:
a. If an Offence Notification Ticket is issued in respect of
the offence; and
b. If the Offence Notification Ticket specifies the fine
amount established by the Bylaw for the offence
Make a voluntary payment equal to the specified fine by
delivering the Offence Notification Ticket and the
specified fine to the Provincial Court Office specified
on the Offence Notification Ticket.
PART IV ENACTMENT
1.
This bylaw shall come into effect on January 12, 2015.
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