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Code enforcement
From Wikipedia, the free encyclopedia
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Code enforcement, sometimes encompassing law enforcement, is the act of enforcing a set of rules, principles, or laws (especially written ones) and ensuring observance of a system of norms or customs.[1] An authority usually enforces a civil code, a set of rules, or a body of laws and compel those subject to their authority to behave in a certain way.
A bylaw enforcement officer (also called municipal law enforcement or municipal enforcement) is an employee of a municipality, county or regional district, charged with the enforcement of local ordinance—bylaws, laws, codes, or regulations enacted by local governments. Bylaw enforcement officers often work closely with police and other law enforcement agencies, but are generally not considered emergency services.
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Types
Various persons and organizations ensure compliance with laws and rules, including:
- Building inspector, an official who is charged with ensuring that construction is in compliance with local codes.
- Fire marshal, an official who is both a police officer and a firefighter and enforces a fire code.
- Health inspector, an official who is charged with ensuring that restaurants meet local health codes.
- Police forces, charged with maintaining public order, crime prevention, and enforcing criminal law.
- Zoning enforcement officer, an official who is charged with enforcing the zoning code of a local jurisdiction, such as a municipality or county.
- Parking enforcement officer, an official who is charged with enforcing street parking regulations.
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Commonwealth countries
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In Canada and some other Commonwealth countries, the term Bylaw Enforcement Officer is more commonly used, as well as Municipal Law Enforcement Officer or Municipal Enforcement Officer. In the United Kingdom, Australia and New Zealand, various names are used, but the word warden is commonly used for various classes of non-police enforcement personnel (such as game warden, traffic warden, park warden).
Australia
In Australia, the terms law enforcement officer, shire ranger and local laws officer are used for general-duty bylaw enforcement, traffic officer for parking enforcement only, and animal management officer (formerly known as ranger or council ranger) for animal-related enforcement.
Canada
In Canada, municipal law enforcement officers are generally referred to as bylaw enforcement officers.[2][3] Every municipality in Canada is authorized to develop and enforce municipal by-laws,[4] but each province and territory regulates the authority of municipal law enforcement agencies differently. Rather than operate an in-house bylaw enforcement division, municipalities may rely on police services, contracted commissionaires, or private firms for bylaw enforcement.[5][6][7][8]
In the Canadian province of Ontario, bylaw enforcement officers are generally titled municipal law enforcement officers, and in Newfoundland & Labrador, Alberta and the Northwest Territories, the term municipal enforcement officer is also used.
Duties
In most Canadian municipalities, bylaw enforcement officers are tasked with the enforcement of the regulations or by-laws of their employer, and are usually operate on an as-requested basis.[9][10][11][12]
In all three territories, however, as well as the provinces of Newfoundland and Labrador, Quebec, Saskatchewan, and Alberta, some — but not all — municipal enforcement agencies also enforce provincial legislation and control traffic.[13][5] In Alberta and Saskatchewan, bylaw enforcement officers can be additionally trained and appointed as community peace officers (in Alberta) or community safety officers (in Saskatchewan). These community officers maintain a proactive presence; have additional authority to enforce provincial legislation and conduct traffic enforcement; respond alongside other emergency services to 9-1-1 calls; and, in Saskatchewan, field complaints for minor criminal offences.[14][15]
Peace officer status
All bylaw enforcement officers employed in Canada are peace officers; in most provinces, bylaw officers are explicitly appointed as peace officers or special constables for the purpose of enforcing municipal laws,[16][17] while in others, such as British Columbia, enforcement officers get their authority from court decisions that have ruled that bylaw officers are included as peace officers in the Criminal Code as "other person[s] employed for the preservation or maintenance of the public peace or for the service or execution of civil process."[18][19]
New Zealand
In New Zealand, local governments such as district/city councils usually appoint persons to undertake certain enforcement duties. Councils can employ persons such as: Enforcement Officers, Animal Control Officers, Parking Officers, Noise Control Officers, and Litter Officers. These positions are granted role-specific powers under legislation. Common parts of their roles include enforcing bylaws made by the local council, such as dog-leash rules or parking restrictions during special events. Abuse against these government employees is commonplace and safety measures have started to take effect, such as body-worn cameras.
United Kingdom
In the United Kingdom, the word warden is commonly used to describe various classes of non-police enforcement officers, and sometimes the title of inspector is also used in various jurisdictions. An environmental warden in Edinburgh has duties very similar to those of a bylaw enforcement officer employed by a similar-sized city in Canada.
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Europe
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Germany
In Germany, order enforcement offices are established under each state's laws and local regulations, using different terms like Ordnungsamt (order enforcement office), Ordnungsdienst (order enforcement service), Gemeindevollzugsdienst (municipal code enforcement office) or Polizeibehörde (police authority). Beside this some German communities have implemented Stadtpolizei (city police) forces for general law enforcement. Currently there are no general regulations or standards for their training: their responsibilities and powers vary. The equipment and uniforms differ from town to town; some carry weapons and wear police-like or police uniforms, others just wear labeled jackets over plain clothes. Most of the order enforcement offices are established by the municipalities, but they can also be established by the rural districts for their area of competence.[20][21][22]
The Netherlands
In the Netherlands, this service is called Handhaving (Dutch for "Enforcement") or Handhaving en Toezicht (Dutch for "Enforcement and Surveillance"), and the police-like uniforms carry this inscription in most cities as well. The officials of these municipal authorities actively address people who are against the city regulations and are present in public places.[23] The responsibilities of Handhaving include:[24]
- drug harassment or alcohol abuse
- review of prostitution permits, detection of abuses such as human trafficking
- increasing objective and subjective security in public spaces and public transport
- the towing of dangerously parked vehicles
China
In the mainland of the People's Republic of China (PRC) every city established a so-called Urban Administrative and Law Enforcement Bureau, commonly abbreviated to Chengguan (Chinese: 城管; pinyin: Chéngguǎn) as a local government agency for bylaw enforcement duties.[25]
The Chengguan is part of a city or municipality's Urban Management Bureau (Chinese: 城市管理局; pinyin: Chéngshì Guǎnlǐ Jú).[26] The agency enforces local bylaws, city appearance bylaws, environment, sanitation, work safety, pollution control, health, and can involve enforcement in planning, greening, industry and commerce, environment protection, municipal affairs and water in large cities.[26]
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Philippines
Metro Manila has traffic enforcers, employed by the Metro Manila Development Authority to enforce traffic by-laws along with the Philippine National Police, as well as laws pertaining to cleanliness in the streets. They do not carry the powers of arrest which is reserved to the police and only issue citation tickets for violators.
United States
In the United States, those employed in various capacities of code enforcement may be called Code Enforcement Officers, Municipal Regulations Officers, or with various titles depending on their specialization.
Municipalities in the United States more frequently use the terms code enforcement officer or municipal regulations officer or Abatement Officers. Code Enforcement’s scope and duties in the United States vary drastically from municipality to municipality. Code Enforcement Officers often handle enforcement of Short-Term Rental laws, building occupancy, accumulation of solid waste, abandoned vehicles on private property & public right-of-way, overgrown vegetation, inoperable vehicle storage, squatter homes, homeless encampments, unsecured dangerous structures, businesses operating without a license or in residential zones, graffiti abatement, and other zoning related ordinances.
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See also
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References
External links
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