Response to unknown complainant: Access to parks on Observatory

A large majority of residents would (I am sure) agree with the points
made by Rosemary, Justin, James, Tracey and others. In the absence of
any reasoned statement supporting the complainant’s position, I
suggest that it be treated as frivolous and vexatious. The following
points need to be kept in mind:
(i) Parks are primarily for the use of residents and ratepayers of a
particular area (they .are recreational spaces).
(ii) They are not intended as sleeping spaces for street people, or as
places which provide an opportunity for criminal behaviour.
(iiI) The City has a By-Law (the so-called “nuisance” by-law, approved
by Council on 24/05/07)) which specifically lists “prohibited
behaviour” in parks and public places. Included in the list (which
runs from (a) to (m)) are such things as urinating and defecating,
bathing or washing, fighting, spitting, performing a sexual act,
consuming liquor or drugs, being drunk or under the influence of
drugs, gambling, sleeping or camping overnight, etc.
(iv) If unregulated access were to be permitted 24/7, it is my
submission that many of these acts would take place. I also note in
passing that Metro police do not have the capacity to enforce this by-
law, and one does not want to encourage or promote lawless behaviour.
(v) Since the by-law expressly prohibits “sleeping or camping
overnight”, it would be illogical for the Council to open parks 24/7,
when this would clearly allow or encourage violations of its own by-
law.
(vi) The Council, with the cooperation of various NGOs, has in place a
programme to provide overnight accommodation to homeless people.
Unfortunately many people choose to live on the street. I am familiar
with efforts of the Observatory fieldworker (and various NGOs) to
assist street people.

Does the community need to waste further time and effort in responding
to what seems to be one person’s unmotivated complaint?

Rob Gaylard


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