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BYLAW NO. 2149
Bullying Bylaw
Being a bylaw in the Municipal District of Provost No. 52, in the Province of Alberta, to control and regulate harassment and bullying of minors in the Municipal District of Provost No. 52.
Whereas the Municipal Government Act allows a municipality to pass bylaws and delegate authority with respect to persons who harass and bully minors.
Now therefore, the Council of the Municipal District of Provost No. 52 enacts as follows:
THIS BYLAW MAY BE CITED AS THE BULLYING BYLAW
PART 1
DEFINITIONS
- In this bylaw:
- "Bullying" means the repeated and systematic intimidation or harassment of others by the real or threatened infliction of physical violence and attacks, racially or ethnically-based verbal abuse and gender-based put-downs, verbal taunts, name calling and put downs, written or electronically transmitted, or emotional abuse, extortion of stealing of money and possessions and social out casting.
- "Minor" means an individual under 18 years of age.
- "Peace Officer" means a member of the Royal Canadian Mounted Police, or a Special Constable appointed pursuant to the provisions of the Police Act, Revised Statutes of Alberta, 1980, Chapter P-12 and all amendments or successors thereto.
- "Public Place" means a highway, parkland, public bridge, road, lane, privately owned or leased property, footway, square, court, alley or passage, whether a thoroughfare or not; and includes any open space to which the public have or are permitted to have access, whether on payment or otherwise, that is owned by the Municipal District of Provost or the Province of Alberta. Without limitation, this includes school buildings and school property.
PART 2
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- No person shall, in any public place or any place to which the public reasonably has access, communicate either directly or indirectly, with any person in a way that causes the person, reasonably in all the circumstances, to feel harassed or bullied.
- No person shall, in any public place or any place to which the public reasonably has access, while not taking part in any action described in Section 2(a), encourage or cheer on, any person described in Section 2(a).
- Any person who contravenes any of the provisions of this Bylaw is deemed to have committed an offence and is liable upon summary conviction to
- For a first offence, to a fine of Two Hundred and Fifty ($250.00) dollars, (Part 2 Violation Ticket - Specified Penalty)
- For a second, and subsequent offences, to a fine not exceeding One Thousand ($1,000.00) dollars, or imprisonment for not more than 5 days, or both. (Part 2 Violation Ticket - Mandatory Court)
- Under this bylaw the minimum fine imposed on a person shall be $250.00 and the maximum fine imposed on a person shall be $1,000.00.
- A Peace Officer is hereby authorized and empowered to issue a Violation Ticket, pursuant to Part II of the Provincial Offences Procedure Act, to any person, who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw.
- Personally;
- By leaving it for the defendant at his residence with a person on the premises who appears to be at least 18 years of age;
- Any person to whom a Violation Ticket has been issued with a specified penalty may make voluntary payment in respect of the Violation Ticket by delivering the Violation Ticket along with an amount equal to that specified for the offence as set out in this Bylaw, to the Provincial Court office specified on the Violation Ticket.
Read a first time this 13th day of November A.D., 2003.
Read a second time this 11th day of December A.D., 2003.
Read a third time and finally passed this 8th day of January A.D., 2004.
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