BYLAW NO. 650, 2010

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BEING A BYLAW TO REGULATE AND GOVERN THE USE OF PARKS

WHEREAS the Community Charter Section 8 (3) authorizes Council to regulate

public spaces by Bylaw;

AND WHEREAS Council for the Village of Pemberton is empowered to make

rules and regulations governing the management and use of parks and public

spaces acquired or held by the Village for its purpose;

AND WHEREAS the general welfare of the community is enhanced by the

regulation and use of the Village's parks and public spaces.

NOW THEREFORE the Council of the Village of Pemberton, in open meeting

assembled, enacts as follows:

Citation

1. This Bylaw may be cited for all purposes as "Park Use Bylaw No. 650,

2010".

Definitions

2. In this Bylaw, the following terms have the following meanings:

a. "application" means the Park Use Permit application submitted by

the individual, group or organization as per the format attached as

Schedule "A".

b. "beach" means an area adjacent to the shore of a lake, pond,

stream or river normally used for swimming and similar aquatic

exercises or for sunbathing;

c. "commercial" means the carrying-on of a business or industrial

undertaking of any kind or nature or the providing of professional,

personal or other services for the purpose of gain or profit;

d. "cycle" means a device having any number of wheels, which is

solely propelled by human power and upon or in which a person

may travel;

e. "event" means a gathering for commercial purposes where tickets

are sold and is open to the public.

f. "Manager" means the Chief Administrative Officer and his

delegates;

g. "park" means a park or parkland or any real property or interest

therein within the Village held or used for pleasure, recreation and

community uses of the public and includes the land held under any

lease of the foreshore and land covered by water granted to the

Village by Her Majesty the Queen, and including the forest inside

the Village boundary;

h. "permit" means the Park Use Permit as issued by the Village of

Pemberton as per the format attached as Schedule "B".

i. "person" means any individual, association, firm, partnership,

corporation, agent or trustee and the heirs, executors, or other legal

representatives of a person to whom the context can apply

according to law;

j. "Village" means the Village of Pemberton;

Application of Bylaw

3. The provision of this Bylaw applies to every park in the Village.

Protection of Plants

4. No person shall cut, break, remove or in any way destroy or damage any

tree, shrub, plant, turf or flower.

Damage to Buildings

5. No person shall damage or deface any building, structure, fence, sign,

seat, bench or ornament of any kind and, without limiting the foregoing, no

person shall place graffiti on walls, fences or elsewhere on or adjacent to

a park.

Walls and Fences

6. No person shall climb, walk, sit, cycle or skate upon any wall, fence or

other structure not intended for that use.

Pollution of Parks & Streams

7. No person shall foul or pollute any area of water or land, including a ditch,

stream storm drain, lake or pond, and no person shall access or trample

the riparian edge of any stream, pond or lake unless that area is

designated as an access point.

8. No person shall deposit or dump any garbage, glass, crockery, paper,

rubbish, litter, wood, waste or other material whether liquid or solid in or on

any park, except in receptacles provided there for such purpose.

9. No person shall dispose of waste generated outside a park by depositing

the waste in a waste receptacle or anywhere else inside any park.

Protection of Grass

10. No person shall cross, travel on, use or walk upon any grassed plot or

land where signs have been posted forbidding such use.

Protection of Animals

11. No person shall tease, molest, or injure any animal, bird or fish or throw

any substance at or near such creatures in such way as to cause them

alarm or possible injury, unless permitted under provincial or federal

fishing or wildlife regulations.

Obstruction of Others

12. No person shall obstruct the free use and enjoyment of a park by any

other person.

13. No person shall fish or play ball, or any game, or throw any object or thing

so as to molest or interfere with or become a nuisance to the general

public.

14. No person shall hinder, deter or interrupt any person in the exercise of any

of his or her duties in charge of any organized recreation or maintenance

authorized by the Village.

Livestock

15. No person shall bring in or ride any horses or livestock, except where

horseback riding is permitted in areas specifically designated for that

purpose.

Fires

16. No person shall throw any lighted match, cigar, cigarette or similar thing or

any burning substance or dispose of it without first extinguishing it.

17. No person shall make a fire except when permitted, in barbecue pits or

fireplaces provided for such purposes.

18. No person shall leave a fire unattended.

Activities

19. No person shall undertake of the following activities except in such areas

and at such times specifically allotted or designated for that purpose:

a. Playing golf or striking a golf ball;

b. Shooting an arrow or practicing archery;

c. Flying any glider or motor driven model aircraft;

d. Launching any power rocket;

e. Landing any hang glider, parachute, paraglider, or human carrying

kite.

Poster

20. No person shall post, paint or affix any advertisement, bill, poster, picture,

matter or thing on any tree, post, pole, building, structure or thing EXCEPT

on kiosks or notice boards specifically designated for that purpose. This

section shall not apply to material erected or placed by the Manager for

the purpose of conveying information on park or recreation matters or

controlling activities within parks.

21. No person shall engage in the distribution or delivery of commercial

advertising material.

Vehicles

22. No person shall ride, drive or lead any animal or drive or propel any cycle

or motor vehicle in such a manner as to disturb the enjoyment of any

person, or to cause injury or damage to any person, animal or property.

23. No person shall operate a motor vehicle except on a roadway

24. No person shall park or stop a motor vehicle except in an area designated

for vehicle parking.

Dog Restricted Areas

25. Persons having the custody, care or control of any dog, other than a

Canadian National Institute for the Blind (CNIB) or other working dog, shall

be permitted to bring or have the dog in any park except the following

areas:

a. The main One Mile Lake Park sand beach area between the 1st of

May and the 30th day of September in each year;

b. Waterfowl nesting sites and streams; and

c. Inside any building, washroom or concession.

28. Persons having the custody, care or control of a CNIB or other working

dog shall be permitted to bring or have the dog in any park, or public

facility in a park.

Competitions and Instructions

29. No person shall conduct private instruction or hold a tournament,

competition, competition of speed, exhibition, demonstration or series of

games with participant member in excess of 10, or for commercial

purposes, in any part of a park unless the person has been issued a Park

Use Permit by the Village that includes those permissions.

Tents

30. No person shall erect any tent, building, shelter or other structure or

works or take up any temporary abode, unless the person has been

issued a Park Use Permit by the Village that includes those permissions.

Loudspeakers

31. No person shall operate or use any amplifying system or loudspeaker

unless the person has been issued a Park Use Permit by the Village that

includes that permission.

Commercial Operations

32. No person or group shall operate a commercial business or utilize any

park for a portion of business except as part of a community event , or as

authorized by the Village. This includes but is not limited to sell or expose

for sale any refreshment, goods, article or thing or offer any service for a

fee in or on any park or public space. All such operations must conform to

all bylaws of the Village.

Payment of Fees

33. No person shall use any court, green, ground, lawn or facility unless and

until such person if required by the bylaw has first obtained a Park Use

Permit and paid to the Village any and all applicable fees and charges

(Schedule "C") imposed by the Village for such use.

Powers of the Manager

34. The Manager may from time to time do the following in relation to parks:

a. Authorize a park or any part of it to be closed to free public use and

may grant a Park Use Permit to any person, club or organization

upon payment of the applicable fee;

b. Temporarily close any park or part of it for the use of the public if, in

his opinion, such closure is necessary to prevent or assist in the

prevention of a breach of the peace or threat of it, or other violation

of the criminal law;

c. Temporarily close any portion of a park to public use for the

purposes of construction, maintenance repairs, removal of hazards

or other reasonable cause;

d. Temporarily close any portion of a park to public use in the case of

emergency or apprehended emergency including fire hazard or

health and safety reasons;

e. Designate areas for climbing, walking, cycling, skating, games,

swimming, boating, landing non motorized soft winged aircraft and

other activities of the public;

f. Designate areas for motorized vehicle travel and vehicle parking

and stopping;

g. Designate areas at which persons may access streams, ponds and

lakes;

h. Designate areas for the protection of grass and grounds;

i. Designate areas for horseback riding;

j. Designate areas for overnight camping;

k. Designate areas for fire pits and barbecues;

l. Establish kiosks and notice boards for the posting of notices;

m. Establish a park or part of a park as an off leash area for dogs;

n. Establish parks or parts of parks and hours where dogs are

restricted;

o. Establish hours for the daily opening and closing of parks;

p. Issue park use permits;

q. Issue permits for the sale of goods;

r. Make incidental rules and regulations not inconsistent with this

Bylaw; and

s. Waive park use fees for not-for-profit groups, school related

activities, and other government events based on guidelines

established for the Village of Pemberton Community Enhancement

Fund grant-in-aid.

Rules and Regulations

35. No person shall violate any provision of this Bylaw or any parks rule,

regulation, or notice of the Village or the Manager.

Parks Officials

36. No person shall obstruct or cause to be obstructed, any official employee,

agent or contractor of the Village in the exercise of any of his lawful duties.

Inspection

37. Council hereby authorizes its officers, employees and agents to enter at

all reasonable times on any park property to ascertain whether the

requirements of this Bylaw are being met and regulations observed.

Offence

38. Every person who offends against any provision of the Bylaw, or who

suffers or permits any act or thing to be done in contravention or violation

of any provision of this Bylaw, or who does any act or thing which violates

this Bylaw, shall be deemed to be guilty of an offence against this Bylaw

and shall be liable for any reasonable costs for reparation and to the

penalties imposed under the Municipal Ticket Information Bylaw,

amendments and replacements thereof.

39. Every day that the offence continues is deemed to be a separate offence.

Captions

40. The captions in this Bylaw are inserted for convenience of reference only

and they are not intended to limit this Bylaw or assist in its interpretation.

Interpretations

41. References in this Bylaw to the singular include the plural and references

to the masculine include the feminine or body corporate, where the

context so allows.

READ A FIRST TIME this 6th day of July, 2010.

READ A SECOND TIME this 2nd day of November, 2010.

READ A THIRD TIME this 2nd day of November, 2010.

RESCINDED THIRD READING this 18th day of January 2011.

READ A THIRD TIME AS AMENDED this 18th day of January 2011.

ADOPTED this 1st day of February, 2011.

Download the Park Use Bylaw and Park Use Permit Application

Last Updated on Thursday, May 05, 2011