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People smoking marijuana in underground parking

  • Last Updated:
  • Jan 12th, 2020 11:35 am
[OP]
Newbie
Apr 9, 2017
18 posts
15 upvotes

People smoking marijuana in underground parking

I live in a townhouse, and they have underground parking that leads to every unit's basement.
Recently, we found there are people smoking marijuana right at my parking spot.
Also I believe they entered the underground parking unauthorized.
I called the police, they said they don't care till if there is some actual damage has been done.
I called 311, and they said they don't deal with it.
I also talked to the management company, and they are not sure what to do. They will decide. I told them the community is no longer safe, but I don't think there is any action they gonna take for now.

So 2 things:
1. How do we stop the unauthorized person from entering the underground parking?
2. How to stop them from smoking weeds?
Are there any law/bylaw that I can use to protect myself over this?

Anyone has any experience dealing with this before? I Googled around, but didn't find much comprehensive information.
33 replies
Deal Addict
Nov 17, 2012
2349 posts
1366 upvotes
Toronto
Unless smoking is not permitted there, nothing you can do. It's legal.

I'm assuming smoking is not permitted in the underground parking area - that's your only angle. Has nothing to do with it being 'weed'.
Deal Guru
Feb 7, 2017
11722 posts
8969 upvotes
Eastern Ontario
The worst you have here so far is...
* Trespassing (if indeed they don’t live in the complex)
OR
* Loitering (if they do)

Smoking Marijuana is now legal
So it wouldn’t be any different if it was someone drinking in the garage
(Not the appropriate place ... for consuming ... but hard to enforce unless caught in the act by the authorities / police)

Even then, the issue would be
* Open Consumption
OR
* Smoking in a Private Building

This is all tough to prove / enforce

Police aren’t gonna bother much with this unless
* Consumption is then followed by driving a vehicle
OR
* Those indulging are underage

Ya gotta address this with the Property Mgmt folks
Find out what they intend to do to protect the space from Trespassers

But if the puffers live in the complex ... you may be SOL
Deal Addict
Oct 6, 2015
2453 posts
1339 upvotes
Someone with authority to do so will have to ask them to leave.

Marihuana can be smoked on private property. The owner or someone acting on behalf of the owner's sole remedy is to ask them to leave the private property. Police will enforce trespassing if they've been duly asked to leave and not re-attend the premises, but I don't believe it is an offense to smoke marihuana on private property.
[OP]
Newbie
Apr 9, 2017
18 posts
15 upvotes
I understand smoking marijuana is legel, but that's to their own property. Not to underground parking where is a big ass sticker said
No Smoking.
Bylaw. 24983
IMG_20200107_172641__01.jpg
TORONTO MUNICIPAL CODE
CHAPTER 709, SMOKING
709-3 December 17, 2013
ARTICLE II
Public Buildings
[Amended 2013-12-17 by By-law No. 1642-20133
]
§ 709-3. Smoking restrictions.
A. No person shall smoke within a nine metre radius surrounding any entrance or exit of a
public building.
B. The prohibition in Subsection A does not apply to any part of the nine metres that is
located on the public highway.
§ 709-4. Responsibilities of proprietors.
A. Every proprietor of a public building shall:
(1) Prohibit smoking in an area within a nine metre radius surrounding any entrance
or exit of a public building except that part of the nine metres which is located on
the public highway;
(2) Post no-smoking signs conspicuously at the entrances and exits of public
building; and
(3) Prohibit ashtrays and like paraphernalia in areas where smoking is prohibited.
Deal Addict
User avatar
Oct 15, 2007
4815 posts
2019 upvotes
have you asked them to stop?

If the police won’t do anything and building management won’t do anything then what else can you do? Complain to your MP?
Everything has been said before, but since nobody listens we have to keep going back and beginning all over again. - Andre Gide
[OP]
Newbie
Apr 9, 2017
18 posts
15 upvotes
Red_Army wrote: have you asked them to stop?

If the police won’t do anything and building management won’t do anything then what else can you do? Complain to your MP?
Talked to them multiple times. They leave and come back again.
Deal Fanatic
User avatar
Oct 16, 2008
7196 posts
2117 upvotes
Maple
I would think property management would take action. Those smokers are trespassing; they don't live there so they have no right in the garage. Condo pay property management maintenance fee to keep them safe.

OP, bring this up to your condo board, demand them to take action. This is safety for everyone.
Deal Addict
Dec 20, 2018
2206 posts
1617 upvotes
TianZing wrote: I understand smoking marijuana is legel, but that's to their own property. Not to underground parking where is a big ass sticker said
No Smoking.
Bylaw. 24983

IMG_20200107_172641__01.jpg

TORONTO MUNICIPAL CODE
CHAPTER 709, SMOKING
709-3 December 17, 2013
ARTICLE II
Public Buildings
[Amended 2013-12-17 by By-law No. 1642-20133
]
§ 709-3. Smoking restrictions.
A. No person shall smoke within a nine metre radius surrounding any entrance or exit of a
public building.
B. The prohibition in Subsection A does not apply to any part of the nine metres that is
located on the public highway.
§ 709-4. Responsibilities of proprietors.
A. Every proprietor of a public building shall:
(1) Prohibit smoking in an area within a nine metre radius surrounding any entrance
or exit of a public building except that part of the nine metres which is located on
the public highway;
(2) Post no-smoking signs conspicuously at the entrances and exits of public
building; and
(3) Prohibit ashtrays and like paraphernalia in areas where smoking is prohibited.
Your condo parking lot is not a public building

The bylaw sign in your picture is most likely your condo bylaw

What does your PM say?

I also sincerely doubt non residents will go into an underground parking lot of a complex to smoke

What makes you think they're non residents?
[OP]
Newbie
Apr 9, 2017
18 posts
15 upvotes
StatsGuy wrote: Your condo parking lot is not a public building

The bylaw is most likely your condo bylaw
This is a city of Scarborough/Toronto bylaw if you google the bylaw code 24983
Deal Fanatic
User avatar
Oct 23, 2008
9825 posts
6252 upvotes
Toronto (Markham)
[removed]


OP, make a complaint to the property manager and board as the rule being broken here is smoking on the premises. Whether it's marijuana, cigars, or cigarettes is irrelevant.
Last edited by Mars2012 on Jan 8th, 2020 1:51 pm, edited 1 time in total.
Reason: quote and your response were removed
Tis banana is IRIE :razz:

10% off is cold, 50% off is warm, 75% off is hot, but FREE IS RFD!
Deal Addict
Dec 20, 2018
2206 posts
1617 upvotes
TianZing wrote: This is a city of Scarborough/Toronto bylaw if you google the bylaw code 24983
And it's on private property, so it's upto your PM to do something about it. City bylaw isn't going to patrol and enforce bylaws on private property

It just gives a means for your PM to hire someone to enforce it
Deal Addict
Apr 26, 2013
1819 posts
1035 upvotes
Toronto
[removed]


On topic as everyone has said it's private property so you or your agent will have to deal with this issue. How are they getting in? A gate would stop that, if there is one how can they improve its effectiveness.

You could call police when people are trespassing and they will respond, they won't probably do much except tell them to leave but that might be enough. Are you sure they do not live in another unit?
Last edited by Mars2012 on Jan 8th, 2020 9:14 am, edited 1 time in total.
Reason: quote and your response were removed
Deal Addict
May 12, 2014
2236 posts
1789 upvotes
Montreal
Ask property management to install bright motion activated lights. Will make hanging out in a parking garage unpleasant (apparently it's not sufficiently unpleasant now if you're high?).

Problem solved. Cheaply.
Deal Addict
Sep 20, 2008
1072 posts
246 upvotes
Toronto
How is this thread get downvoted?

OP, the suggestions are a good start. If PM doesn't do anything, take a candid picture of the suspects, then post their pictures everywhere. It could put an end to them and scare them away.

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