CITY OUTLAWS PUBLIC
WHERE DO THE PEOPLE GO?
These signs allow the police to take the initiative to remove offenders without a request from the property owner which would normally be required. The mayor of Victoria is the head of the city police department. Most of these signs are posted at the front entrance to a store or building. Anyone entering the store or building is technically trespassing and these signs leave it to the discretion of the city police to decide to arrest people. Many store owners refuse to post these signs because they are offensive and in contridiction to the welcoming atmosphere which draws people into stores.
These signs sight the BC Trespass Act section 4 and 10
4Â (1)Â Subject to section 4.1, a person commits an offence if the person does any of the following:
(a)Â enters premises that are enclosed land;
(b)Â enters premises after the person has had notice from an occupier of the premises or an authorized person that the entry is prohibited;
(c)Â engages in activity on or in premises after the person has had notice from an occupier of the premises or an authorized person that the activity is prohibited.
(2)Â A person found on or in premises that are enclosed land is presumed not to have the consent of an occupier or an authorized person to be there.
(3)Â Subject to section 4.1, a person who has been directed, either orally or in writing, by an occupier of premises or an authorized person to
(a)Â leave the premises, or
(b)Â stop engaging in an activity on or in the premises,
commits an offence if the person
(c)Â does not leave the premises or stop the activity, as applicable, as soon as practicable after receiving the direction, or
(d)Â re-enters the premises or resumes the activity on or in the premises.
Arrest without warrant
10Â (1)Â In this section, "peace officer" means a peace officer described in paragraph (c) of the definition of "peace officer" in section 29 of the Interpretation Act and includes a conservation officer as defined in section 1 (1) of the Environmental Management Act.
(2)Â A peace officer may arrest without warrant any person found on or in premises if the peace officer believes on reasonable and probable grounds that the person is committing an offence under section 4 in relation to the premises.
(3)Â If a peace officer believes on reasonable and probable grounds that a person has committed an offence under section 4 and has recently departed from the premises, the peace officer may arrest the person without warrant if
(a)Â the person refuses to give his or her name and address to the peace officer on demand, or
(b)Â the peace officer believes, on reasonable and probable grounds, that the name or address given by the person to the peace officer is false.
This sign has been placed in the doorways of many downtown buildings and stores. In a joint venture between the City of Victoria, the Victoria Chamber of Commerce, and the Victoria Police. These signs allow the police to take the initiative to remove offenders without a request from the property owner which would normally be required.