The way in which the City of Kingston and Queen’s University will address unsanctioned parties throughout the year has changed. With the introduction of the University District Safety Initiative, which applies only during Orientation week, Homecoming Weekend, and St. Patrick’s Day, if you are charged for any Nuisance Party By-law, Liquor License Act, or Noise By-law offence, you will be issued a Part 1 Summons, requiring you to appear in court before a Justice of the Peace in a Kingston Court. If you are charged under any of these offences, you will not have the opportunity to pay by mail, online, or any other way. A lawyer or another person can appear as agent on behalf of the accused. This applies to all ticketed persons, regardless of where they are from (London, Toronto, etc.), so make sure to tell your friends! After appearing in court, the names of those ticketed will be accessed by Queen’s, enabling the University to review the behavior of those students ticketed, and possibly subject them to Non-Academic-Misconduct. This charge will not simply disappear if you ignore it. If you are issued a Part 1 Summons be sure to act in accordance with the law. Make sure that you know the facts and party safe!
University District Safety Initiative
A new approach to address large unsanctioned street parties.
Applies only during:
- Move-In & Orientation Week: August 31, 2018 at 1:00 a.m. until September 9, 2018 at 12:00 p.m.
- Homecoming Weekend: October 19, 2018 at 1:00 a.m. until October 21, 2018 at 12:00 p.m.
- St. Patrick’s Day Weekend: March 15, 2019 at 1:00 a.m. until March 18, 2019 at 12:00 p.m.
Applies to any Nuisance Party By-law, Liquor License act, or Noise By-law offense
Liquor License Act
- Person under the age of 19 having or consuming liquor
- Consuming liquor in other than licensed premises, residence, or private place (i.e. on a public sidewalk / street)
- Having liquor in open container on other than licensed premises, residence, or private place
- Being intoxicated in public place
- Make, cause, permit noise by operating a device for the amplification of sound, or by yelling, shouting, hooting, whistling, singing at prohibited time. (i.e. playing loud music on speakers which can be clearly heard on the street)
Results in Part 1 Summons, and possible Non-Academic-Misconduct (NAM) measures.
On the key dates listed above, any Nuisance Party By-law, Liquor License act, or Noise By-law offense will result in a Part 1 Summons, instead of a ticket. After receiving a Part 1 Summons, that individual is required to appear in a Kingston Court on a designated date
- A person issued a Part 1 Summons could receive a considerable fine at the discretion of the Justice of the Peace.
- A student could be subject to Non-Academic-Misconduct (NAM) measures.
- Could I be expelled from Queen’s under this initiative?
- Suspension or expulsion through this process is possible, but highly unlikely. It will be reviewed on a case by case basis, and outcomes will be determined by the Universities’ Non-Academic Misconduct policy
- If I get a ticket, what will happen to my name after I appear in court?
- If you are issued a Part 1 Summons, your name will be published on a court docket, both before and after you appear in Court. A copy of the docket can be obtained by asking court staff. The only personal information that appears on the docket is your name.
- What about my friends who are visiting from out of town?
- Regardless of where your friends are from, they too can be issued part 1 Summons, requiring the ticketed person to appear in a Kingston Court. Make sure to tell them before they come to visit.
- Where is this initiative enforced?
- Despite the name of the initiative, Kingston Police can issue a Part 1 Summons to anyone, anywhere in the city and not exclusively within the University District.
- If I get a Part 1 Summons, does that mean I will have a criminal record?
- No, the identified offences (including the Nuisance Party By-law) are regulatory offences, prosecuted in the Provincial Offences Court. They are not offences under the Criminal Code of Canada. You will not have a criminal record even if you are convicted of the offence. However, if someone fails to appear at their court date, a warrant for their arrest may be issued, or a trial could proceed in their absence.
- Will the University District Safety Initiative be a permanent program?
- This initiative is a pilot program, which will be evaluated in the spring of 2019.
Nuisance Party By-law
- A By-law that applies to any nuisance party at any time throughout the year
A gathering of people on private or public premises, which has one or more of the following elements:
- Public intoxication
- The unlawful sale, supply, or distribution of alcohol or controlled substances
- The unauthorized deposit of refuse (garbage, waste, etc.) on public or private property
- Damage to public or private property
- The obstruction of vehicular or pedestrian traffic, or interference with the ability to provide emergency services
- Sound that is unusual or excessive, or that is likely to be unwanted by or disturbing to persons, including but not limited to loud music or shouting Unauthorized open burning or the display of unauthorized fireworks
- Public fights
- Outdoor public urination of defecation
- Use of or entry upon a roof not intended for such occupancy
- A party spills into a public area or disturbs the peace in any way listed above.
- For example, public intoxication
- Police officers arrive at the scene and report the events to their Supervisor.
- Supervisor declares gathering to be a Nuisance Party. Once declared, Kingston Police or By-Law Enforcement will issue an order that the party hosts shut down the party and attendees vacate the premises.
- Attendees will be given a reasonable opportunity to comply with Police orders
- Party hosts can ask for police assistance if they are unable to disperse guests.
- Party hosts and attendees can likely avoid being fined if they promptly comply with Police orders.
- If party hosts and attendees defy Police orders or obstruct Police or By-Law Officers, these individuals may be subject to a Nuisance Party fine.
Nuisance Party By-law charges:
- Create, cause, host, sponsor, conduct, continue or permit a nuisance party
- Failure to comply with an order by an officer
- Permit subsequent nuisance party after receipt of warning notice
- Use of highway (road, street, parking lot, etc.) when temporarily closed
- Remove device (e.g. street sign or barricade) placed on closed highway
- Deface device placed on closed highway
- Obstruct or hinder or attempt to obstruct or hinder an officer, employee or agent
*A nuisance party charge will be approximately $500 depending on the offense
*Note that a Part 1 Summons (requiring the ticketed person to appear in court) can be issued for any Nuisance Party ticket. With a Part 1 Summons no set fine is assigned until after the court appearance.
Both the University District Safety Initiative and the Nuisance Party By-Law may result in serious fines.
City of Kingston
University District Safety Initiative: https://www.cityofkingston.ca/city-hall/bylaws/nuisance-party-bylaw/university-district
Nuisance Party By-Law: https://www.cityofkingston.ca/city-hall/bylaws/nuisance-party-bylaw
University District Safety Initiative & Non-Academic Misconduct: https://www.queensu.ca/studentconduct/complaint-and-resolution-process/safety-initiative
AMS Inquiries: Søren Christianson, Commissioner of Municipal Affairs, firstname.lastname@example.org