http://www.durhamregion.com/feature...prohibited-from-turning-homes-into-fortresses
[h=1]Clarington residents prohibited from turning homes into 'fortresses'[/h] [h=2]Municipality dictates permitted home security measures[/h]
Clarington residents prohibited from turning homes into 'fortresses'. WHITBY -- Jeffrey Michalecki, an employee at Lockshop Ltd., held up window bars that would typically be used for basement windows, on November 8. Clarington has passed a fortification bylaw that outlines the security measures residents can legally take to protect their homes and properties. Many protection measures are now restricted or prohibited by the bylaw. The bylaw is meant to ensure police and emergency staff can enter properties as needed. November 8, 2011 Sabrina Byrnes / Metroland
CLARINGTON -- Don't lock your doors too tightly, or you might be breaking the law. The safety measures homeowners can legally use to protect their properties are now spelled out in detail, with a long list of things that aren't allowed. Clarington council passed the fortification bylaw at the request of Durham Regional Police.
While Police Chief Mike Ewles recently told Durham Region council that the Hells Angels has a new clubhouse in Clarington, Inspector Chris Ostler said the bylaw does not target anyone or anything specifically.
"We just want to be proactive, and make sure that we don't have homes that have become fortresses," Insp. Ostler said. "In terms of public safety and officers' safety, if we need to get into a residence in a hurry, we wouldn't want to contend with steel doors and walls and barriers."
Residents are now prohibited from adding bullet-resistant shutters, laminated glass, heavy gauge wire mesh or steel plates or bars to any windows or doors other than those leading to the basement of a home. Residents are also prohibited from using concrete blocks, bricks or anything similar to partially or completely obstruct windows or doors. Doors and walls reinforced to withstand bullets, explosives, battering rams, shock or vehicle impact are also prohibited.
Residents may not use surveillance equipment that records audio, video or still photos from areas outside of their own personal properties. Observation towers that allow people to view farther than the perimeter of their properties are banned, whether a tower is occupied by a person or surveillance equipment.
Residents may not use pillars, cones or barriers to restrict or deny access to their properties by regular means of transportation.
Advanced warning systems that alert residents when their property borders are trespassed upon are also now illegal -- such measures may only be used on windows or doors of homes.
Electric fencing, doors and windows are forbidden, and forget about rigging hidden traps, land mines or other explosives or weapons that could cause injury or death if triggered, because those are illegal, too.
Furthermore, the bylaw allows any police officer or municipal enforcement member to enter onto any property in Clarington at any "reasonable" time to check for compliance. In such instances, residents are prohibited from restricting access onto their properties.
The new bylaw is said to have arisen from concerns over the ability of police and emergency staff to enter properties as needed. Similar bylaws are in place in Ajax, Pickering, Oshawa and Whitby.
Councillor Corrina Traill expressed concern over the bylaw.
"I think this is a civil liberties issue, I don't think this is a road we should be walking down," she said. "I think we need to be cognizant of the legal issues."
The bylaw makes exceptions for banks, detention centres, police services, courthouses, schools, day nurseries and military properties.
Residents can apply for partial or complete exemptions through the municipality's chief building officer.
If residents are found to be in violation of the bylaw, they will be asked to comply by a specified date. If a property owner does not comply by the specified date, municipal staff may have the work done, at the expense of the owner. If work is undertaken by municipal staff, the cost of the work plus a 25-per cent administration fee will be added to the owner's property taxes for that year. Further, anyone who does not comply with the bylaw may be charged and fined under the Provincial Offences Act.
Concerned that the bylaw might do more harm than good in some instances, Coun. Traill tried to have some of its elements removed. She argued against banning observation towers, worried that bird and astronomy enthusiasts might become impeded by the restriction, and expressed concern that some architectural features of homes might fall under the same category as an observation tower.
She also argued against restricting residents from electronically surveilling the outside perimeters of their personal properties.
Municipal staff agreed that the wording of the bylaw is very vague, but said it would not be used to harass people acting in a reasonable manner.
"I understand that's not what this bylaw's meant to capture, but the law's the law," Coun. Traill said.
Her attempt to have the measures removed from the bylaw was unsuccessful.
Reporter Tara Hatherly can be found on Twitter @Tara_Hatherly and on Facebook by searching Tara Hatherly.
wonder what this means for hunters - no more hunting blinds? Now farmers can't use electric fences to control live stock (this is is something easily defeated for keeping out humans). Unable to stop people from driving onto your property? does this mean not allowed to have fences and gates at all? The town just dug a ditch across the front of my property effectively giving me a moat on one side (sadly they didn't want to put it around all 4 sides though). it's way too deep to drive across, hope no one falls in it in the winter.
guess you can't make your house zombie proof. the bit about land mines & booby traps is a bit of a red herring as it was already illegal to booby trap your property.
[h=1]Clarington residents prohibited from turning homes into 'fortresses'[/h] [h=2]Municipality dictates permitted home security measures[/h]
CLARINGTON -- Don't lock your doors too tightly, or you might be breaking the law. The safety measures homeowners can legally use to protect their properties are now spelled out in detail, with a long list of things that aren't allowed. Clarington council passed the fortification bylaw at the request of Durham Regional Police.
While Police Chief Mike Ewles recently told Durham Region council that the Hells Angels has a new clubhouse in Clarington, Inspector Chris Ostler said the bylaw does not target anyone or anything specifically.
"We just want to be proactive, and make sure that we don't have homes that have become fortresses," Insp. Ostler said. "In terms of public safety and officers' safety, if we need to get into a residence in a hurry, we wouldn't want to contend with steel doors and walls and barriers."
Residents are now prohibited from adding bullet-resistant shutters, laminated glass, heavy gauge wire mesh or steel plates or bars to any windows or doors other than those leading to the basement of a home. Residents are also prohibited from using concrete blocks, bricks or anything similar to partially or completely obstruct windows or doors. Doors and walls reinforced to withstand bullets, explosives, battering rams, shock or vehicle impact are also prohibited.
Residents may not use surveillance equipment that records audio, video or still photos from areas outside of their own personal properties. Observation towers that allow people to view farther than the perimeter of their properties are banned, whether a tower is occupied by a person or surveillance equipment.
Residents may not use pillars, cones or barriers to restrict or deny access to their properties by regular means of transportation.
Advanced warning systems that alert residents when their property borders are trespassed upon are also now illegal -- such measures may only be used on windows or doors of homes.
Electric fencing, doors and windows are forbidden, and forget about rigging hidden traps, land mines or other explosives or weapons that could cause injury or death if triggered, because those are illegal, too.
Furthermore, the bylaw allows any police officer or municipal enforcement member to enter onto any property in Clarington at any "reasonable" time to check for compliance. In such instances, residents are prohibited from restricting access onto their properties.
The new bylaw is said to have arisen from concerns over the ability of police and emergency staff to enter properties as needed. Similar bylaws are in place in Ajax, Pickering, Oshawa and Whitby.
Councillor Corrina Traill expressed concern over the bylaw.
"I think this is a civil liberties issue, I don't think this is a road we should be walking down," she said. "I think we need to be cognizant of the legal issues."
The bylaw makes exceptions for banks, detention centres, police services, courthouses, schools, day nurseries and military properties.
Residents can apply for partial or complete exemptions through the municipality's chief building officer.
If residents are found to be in violation of the bylaw, they will be asked to comply by a specified date. If a property owner does not comply by the specified date, municipal staff may have the work done, at the expense of the owner. If work is undertaken by municipal staff, the cost of the work plus a 25-per cent administration fee will be added to the owner's property taxes for that year. Further, anyone who does not comply with the bylaw may be charged and fined under the Provincial Offences Act.
Concerned that the bylaw might do more harm than good in some instances, Coun. Traill tried to have some of its elements removed. She argued against banning observation towers, worried that bird and astronomy enthusiasts might become impeded by the restriction, and expressed concern that some architectural features of homes might fall under the same category as an observation tower.
She also argued against restricting residents from electronically surveilling the outside perimeters of their personal properties.
Municipal staff agreed that the wording of the bylaw is very vague, but said it would not be used to harass people acting in a reasonable manner.
"I understand that's not what this bylaw's meant to capture, but the law's the law," Coun. Traill said.
Her attempt to have the measures removed from the bylaw was unsuccessful.
Reporter Tara Hatherly can be found on Twitter @Tara_Hatherly and on Facebook by searching Tara Hatherly.
wonder what this means for hunters - no more hunting blinds? Now farmers can't use electric fences to control live stock (this is is something easily defeated for keeping out humans). Unable to stop people from driving onto your property? does this mean not allowed to have fences and gates at all? The town just dug a ditch across the front of my property effectively giving me a moat on one side (sadly they didn't want to put it around all 4 sides though). it's way too deep to drive across, hope no one falls in it in the winter.
guess you can't make your house zombie proof. the bit about land mines & booby traps is a bit of a red herring as it was already illegal to booby trap your property.
