151 Dundas Street P.O.

Box 5045

London, ON N6A 416

London CANADA
To: Mr. Mike Roy and Occupiers of Victoria Park
Hand Delivered

- November3'd ,zOLt
Park

Re: Occupation of Victoria

This letter is in response to a request for the position of the Civic Administration with respect to the

present occupation of Victoria Park including the possibility of permission to erect a tent under By-law PR-2, the Parks and Recreation Area By-law and pursuant to the City's special events policy as a

potentialcompromise to end the occupation.

This will confirm that a copy of the Parks and Recreation Area By-law is available on request. The By-law prohbits, amongst other things, persons from remaining in a City park including Victoria Park

between the hours of 10 p.m. and 6 a.m. the following day and for the erection of a tent in a City park including Victoria Park, unless otherwise authorized by the General Manager of Community Services which authorty is presently being exercised by the Executive Director of Community Services. The
Executive Director of Community Services has not authorized the erection of any tents in Victoria Park and has not authorized persons to remain in the park between the hours of 10 p.m. and 6 a.m. of the

following day.
While the Canadian Charter of Rights and Freedoms confers a right to use public property for the
purposes of the exercise of the fundamental freedoms contained in the Charter, the exercise of those

to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. The occupants of Victoria Park have been requested to remove the
rights is subject tents from the park on numerous occasions by City officals.

The By-law does not impair public expression in Victoria Park. The City's position is that the regulations contained in its By-law constitute reasonable limits and can be demonstrably justified:

a.
b.

The By-law clearly does not contemplate the ongoing occupation of Victoria Park for overnight residential occupancy in tents and the Fark was not designed for ongoing overnight occupancy; The presence of the tents creates obstacles to annual closing of irrigation systems for winter. At this tme of year, the City "blows out" the irrigation system for the winter. The Occupy London tents are on and near the sprinkler heads. The system cannot be isolated so that only those heads are left off. The City would like to proceed with this work next week at the latest. Freezing the irrigation system will cause damage to the irrigation infrastructure;

d. e.

f.

The presence of the tents affects scheduling of other work to prepare the Park for wnter. The tents are obstructing the set up of lights on various trees for the annual event called London Lighting of the Lights which is planned for November 25th; The occupation is impairing the community's enjoyment of the Park, including access to memorals situated near the tents; The presence of the tents is causing damage to the lawns and landscaping. Wear and tear on grass that otherwise would not have occurred, will require repair. Extended use will aggravate this problem; The presence of the tents has led to the opening of public washrooms beyond their normal hours of operation. Last night someone broke one of the water line feeds to a toilet and flooded the washroom in the bandshell. The building water has been turned off until it is fixed. There is a potential health hazard associated with the absence of City
a pproved sa nita ry facilities; There is presently a need to bring staff in after hours to close washrooms; The ongoing presence of the tents has led to the generation of garbage in waste cans to

g.

h.
t.

J.

k.

n.

be cof lected and disposed of by City; The presence of the tents presents a hazard to the publc in terms of the use of electrical systems in the Park. The City has discovered electrical cords that have been extended up lamp posts using power designed for Christmas lights, overloading circuits and causing light failures; There are potential public safety issues including safety ssues for the occupants of the tents. Those safety issues will be exacerbated when snow commences to accumulate in the park; The City's risk management policies require Park users to obtain insurance and indemnify the City for structures placed in the park. Lack of lnsurance and indemnification puts the City at risk from a liability perspective should claims by made against the City by the Park occupants or other members of the public; There are ongoing security costs associated with the presence of the tents and the City assumes no responsibility for their ongoing presence or for the risk of injury or loss associated with their occupation contrary to the By-law; With cold weather approaching the use of materials to heat flammable tents presents a fire hazard; The tents diminish the aesthetic appearance of Victoria Park which has considerable symbolic value for the City of London as a community focus for events such as Remembrance Day celebrations and New Year's Eve celebrations.

ln the event that you wish to pursue permission to establish a tent in Victoria Park, your request will be

considered in the context of the above-mentioned concerns and must conform to the requirements of

the Special Events and Procedures Manual, including the requirement for a tent permit, a certificate of insurance and a facility rental contract. I would be pleased to discuss the issue of permission and whether suitable contractual arrangements can be made.
As you have been advised, the occupation

ofthe

Park contrary to the Parks and Recreation Area By-law

a

may be enforced pursuant to the Trespass to Property Act, by the making of an order or the issuing of

summons or the laying of charges under the Parks and Recreation By-law and the Provinciol Offences
Act, by an order to discontinue any activity contrary to the By-law under the Municipal Act, 2007 or by

an action to the Superior Court of Ontario for an injunction under the provisions of the Municipol Act,

2007. The Civic Administration respectfully encourages Occupy London participants to reconsider their

position in light of the information contained in this letter. We ask that you provide each participant of
Occupy London with a copy of this letter so that they can make their own personal decision. lndividuals

should consider whether they wish to continue the occupation of Victoria Park in a manner contrary to the City's By-law and whether they wish to expose themselves to prosecution or legal action with the

attendant legal costs or whether the protest can continue without offending the City's by-laws.
Respectfully,

William C. Coxhead Director of Parks and Recreation

Comm unity Services Depa rtment

City of London.
bcoxhead @london.ca

phone 519-661-2500 ext 5876