HomeMy WebLinkAbout2006-126
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2006-126
Being a by-law to regulate, protect and control all public
parks in the Municipality of Clarington and to repeal
By-laws 91-20 and 92-125
WHERAS the Council of the Municipality of Clarington, pursuant to the provisions of
Section 130 of the Municipal Act S.O. 2001, c.25, has the authority to enact this by-law;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington find it
necessary to enact a by-law to regulate, and control all public parks in the Municipality of
Clarington and to protect these lands on behalf of the public interest;
AND WHEREAS Section 425 of the Municipal Act S.O. 2001, c.25, provides that any
person who contravenes by-laws of the Council passed under the authority of the
Municipal Act is guilty of an offense.
NOW THEREFORE The Municipality of Clarington hereby enacts as follows:
DEFINITIONS
1. For the purpose of this by-law,
(a) "authorized sign" means any sign, notice, or other device placed or
erected in or upon a park, under the authority of this by-law;
(b) "Corporation" means the Corporation of the Municipality of Clarington;
(c) "Council" means the Council of the Municipality of Clarington;
(d) "damage" means break, injure, deface, move or remove;
(e) "designated area" means an area defined or constructed for a specific
use which may include posted conditions;
(f) "Director" means the Director of Operations of the Municipality of
Clarington or his/her designate;
(g) "liquor" means liquor as defined by the Liquor Control Act;
(h) "motor vehicle" means a motor vehicle within the meaning of the
Highway Traffic Act, R.S.O. 1990, c.H8 as may be amended from time to
time;
(i) "motorized recreation vehicle" includes a snowmobile, go-cart, trail
bike, mini bike, all-terrain vehicle, or similar vehicle, propelled or driven by
an internal combustion engine;
0) "park" means land and land covered by water and all portions thereof
owned or made available by lease, agreement, or otherwise to the
Municipality, that is or hereafter may be established, dedicated, set apart
or made available for use as woodlot, ravine, recreation centre, square,
garden, walkway, water or any other area in the Municipality, devoted to
active or passive recreation;
(k) "parking lot" means any area or a tract of land designated for the
parking of vehicles;
(I) "parking space" means a portion of the surface of a parking lot
designated by suitable markings for the purpose of parking a vehicle,
exclusive of aisles;
(m) "permit" means any written authorization of Council, a Committee
established by Council, or the Director where such authority has been
delegated;
(n) "resident" means residents of the Municipality of Clarington;
(0) "vegetation" means any flower, plant material, shrub or tree;
(p) "vehicle" includes a motor vehicle as defined under the Highway Traffic
Act, R.S.O. 1990, c.H8, as may be amended form time to time, and any
bicycle, carriage, wagon, sleigh or other vehicle or conveyance of every
description, whatever the mode of power, but excludes wheelchair or
similar device (powered or otherwise) used by an individual due to a
disability, baby carriage or cart, child's wagon, child's stroller, child's
sleigh or other conveyance of like nature.
PART 1 - HOURS OF OPERATION
2.
a)
Except as otherwise expressly provided by this by-law:
(i) All parks shall be closed from 11 :00 p.m. to 5:00 a.m.
(ii) Notwithstanding the foregoing, the parks may be opened at any
time upon permission of the Director.
(iii) During any period when a park is closed, no vehicle shall remain
on park property.
(iv) During the time a park is closed, as herein before provided, no
person except a Police Officer or a Municipality of Clarington
employee, while on duty, shall enter or remain on park property
and, during such period, no person shall leave a vehicle owned or
operated by him/her on park property.
PART 2 - CONDUCT
3. Conduct
No person shall, within the limits or boundaries of any park within the
Municipality:
(a) indulge in any riotous, boisterous, violent, threatening, or illegal
conduct or use profane or abusive language;
(b) cast, throw, or in any way propel any Object in such a manner as
may, or does, endanger or cause injury or damage to any person
or property;
(c) create a nuisance by loitering, spying, accosting, frightening,
annoying or otherwise disturbing other persons; or
(d) create a nuisance or in any way interfere with the use and
enjoyment of the park by other persons.
4. Firearms and Offensive Weapons
While in any park, no person shall be in possession of or use any firearm,
replica guns, air gun, bow and arrow, axe or offensive weapon of any kind
unless authorized by permit.
5. Fireworks
While in any park, no person shall ignite, discharge or set off any firecrackers,
rockets or other fireworks except as a fireworks display authorized by permit.
6. Injury and Damage
No person shall in any park:
(a) climb any building, structure or equipment, unless it is equipment
designed for climbing;
(b) Damage any vegetation or any building, structure, equipment or
other property of the municipality;
(c) Unless authorized by permit, climb, move or remove the whole or
any part of rocks, boulders, rock faces, vegetation, or remove any
soil, sand or wood;
(d) In any manner, disturb ground which is under repair, prepared for
planting, has been newly seeded or sodded or is in an area
posted to that effect; or
(e) Drive, park or walk in an area posted to prohibit same.
7. Waste and Pollution
No person shall in any park;
(a) dispose or dump garbage, litter, tree trimmings, yard waste, or any
other refuse, except that which is generated through the normal
use of the park and shall only deposit same in receptacles
provided for such purpose.
(b) dispose of or dump garden refuse except in a designated area
thereof;
(c) unless authorized by permit, dump or deposit snow, fill, soil,
building or construction materials; or
(d) dump or drain onto any soils or into the waters of any pool, pond,
lake, stream, fountain or watercourse of any kind any material,
toxic or otherwise, which may have the effect of polluting same.
8. Protection of Wildlife
No person shall in any park:
(a) kill, attempt to kill, maim, injure, trap or disturb any animal, bird,
waterfowl, fish, worms, or other wildlife; or
(b) touch, injure or remove any nest or egg there from; or
(c) feed any waterfowl.
9. Encroachment
Unless authorized by permit or agreement, no person shall encroach upon or
take possession of any park by any means whatsoever, including the
construction, installation or maintenance of any fence or structure, the
dumping or storage of any materials or plantings, cultivating, grooming or
landscaping, thereon.
10. Alcohol
While in any park, no person shall consume, serve, or sell alcoholic
beverages unless authorized by permit and with the approval of the Liquor
Licence Control Board of Ontario.
PART 111- PARK USE
11. Campfires and Barbecues
While in any park, no person shall:
(a) light, build, or stoke an open fire or bonfire unless authorized by
permit;
(b) use charcoal or solid fueled portable barbecues unless authorized
by permit or where posted to allow same;
(c) use fuel other than charcoal or briquettes in stationary barbecues;
or
(d) leave a barbeque or campfire without extinguishing the fire and
ensuring that the embers are cold.
12. Organized Gatherings and Picnics
While in any park, no person shall:
(a) unless authorized by permit, hold a picnic, organized gathering or
event for more than twenty-five persons; or
(b) interfere with a picnic, organized gathering or event authorized by
permit.
13. Amplifiers and Loud Speakers
Unless authorized by permit, no person shall operate loud speakers or
amplifying equipment in any park.
14. Camping and Lodging
Unless authorized by permit, no person shall dwell, camp, or lodge in any
park.
15. Tents and Structures
Unless authorized by permit, no person shall place, install, or erect any
temporary or permanent structure in any park.
16. Bathing, Swimming or Sun Bathing
No person shall:
(a) swim in any public swimming pool, except at times designated for
swimming;
(b) fail to abide by posted signs in or adjacent to any swimming pool,
or to obey the instructions of any lifeguard or other authorized
person; or
(c) swim, bathe, or wade in any fountain, pond, lake or stream, except
in a designated area.
17. Use of Wash and Change Rooms
No person shall enter any portion of any washroom, bathhouse, or change
room in any park set apart for the opposite sex.
No person shall enter any portion of any washroom, bathhouse, or change
room in any Park with a camera or electronic equipment capable of
replicating images.
PART IV - GAMES, SPORTS, AND ORGANIZED ACTIVITIES
18. Organized Sports or Activities
1. While in any park, no person shall:
(a) arrange or engage in an organized sport or activity, unless
authorized by permit; or
(b) interfere with an organized sport or activity authorized by permit.
2. In addition to the prohibitions set out in subsection (1), while in any park
no person shall utilize a designated area without a permit where same is
posted to prohibit or restrict such use.
19. Fishing
No person shall fish in an area posted to prohibit same, in any park.
20. Golfing
While in any park, no person shall play or practice golf or strike a golf ball.
21. Model Aircraft and Rockets
While in any park, no person shall operate any powered models of aircraft,
rockets, watercraft, or vehicles unless authorized by permit.
22. Gliders and Hot Air Balloons
Unless authorized by permit, no person shall tether, launch, or land any hot
air balloon, hand glider, ultra light aircraft or similar conveyance in any park.
23. Skating
1. No person shall erect any outdoor ice surface in any park except
unless authorized by a permit, and may construct under terms
and the following conditions.
2. volunteer residents agree to the following terms and conditions:
i. Abide by safety guidelines as set by the
Municipality from time to time. The volunteer
residents inspect the rink daily to ensure structure
and skate surface is as safe as possible and
maintain a log of inspections for review by the
Operations Department.
ii. The volunteer residents are responsible to
organize, schedule, secure hoses and obtain
additional volunteers to ensure the public's safety
at all times.
iii. The volunteers are required to work under the
direction of the Operations Department itself.
3. Community groups agree to the following terms and conditions in
addition to Section 23(2) i and ii above.
i. The group must provide a hold
harmless/indemnification agreement signed in
favour of the Municipality.
ii. The group must provide proof of at least
$1,000,000 limit of liability insurance which includes
the Municipality as an Additional Insured under the
residents policy with respect to any liability arising
out of the ice surface.
24. Skiing
No person shall ski, toboggan, snowboard, or sled in any area in any park
posted to prohibit same.
25. Roller Skates and Skate boards
While in any park, no person shall:
(a) operate or utilize roller skates, skate boards, linear skates,
heelies, or like conveyances where posted to prohibit or otherwise
restrict the use of the same; or
(b) obstruct, inconvenience or endanger other users of the park while
operating or utilizing traditional or in-line roller skates.
26. Tennis
No person shall enter, walk, or play upon a designated area for tennis in any
park, except in accordance with the posted rules and regulations.
PART V - VEHICLES
27. Roadways
1. The Director is authorized to establish appropriate regulations to regulate
the use of park roadways.
2. Unless authorized by permit, and except as provided in Section 30 with
respect to bicycles, no person shall, while in any park, drive, operate, pull
or ride any vehicle except on a roadway or parking area.
28. Parking
While in any park, no person shall:
(a) park or leave a vehicle except in a designated area for parking;
(b) park or leave a vehicle between the hours of 11 :00 p.m. and 5:00
a.m., except in a designated area allowing for such overnight
parking, or where authorized by permit;
(c) stop or park a vehicle in a designated area for parking, except in a
parking space and in accordance with posted conditions;
(d) stop or park a vehicle in a designated disabled parking space,
unless a disabled person parking permit issued in accordance with
the provisions of the Highway Traffic Act, R.S.O. 1990 c.H.8, as
may be amended form time to time, is properly displayed on or in
the vehicle; or
(e) use any parking space except while using the park.
29. Other Activities
No person shall make use of any roadway or parking lot in any park for:
(a) washing, cleaning, servicing, maintaining or, except in the event of
an emergency, the repair of any vehicle; or
(b) instructing, teaching or coaching any person in the driving or
operation of a motor vehicle.
30. Bicycles
While in any park, no person shall:
(a) ride, operate or be in possession of any bicycle where posted to
prohibit same; or
(b) obstruct, inconvenience or endanger other users of the park while
riding or operating a bicycle.
31. Motorized Recreation Vehicles
No person shall ride, drive park or be in possession or control of a motorized
recreational vehicle in any park except in a designated area.
32. Trucks and Commercial Vehicles
No person shall drive, operate, pull or ride in any park:
(a) any heavy machinery or equipment of any description and whatever
the mode of power; or
(b) any truck, trailer or bus whatsoever except a vehicle that is,
being used for the purpose of making a delivery to a point within the
limits of the park while it is proceeding to or from such point of
delivery, or
(c) this provision shali not apply to a motor vehicle operated for personal,
recreational or noncommercial purposes.
33. Speed
Unless authorized by permit, while in any park, no person shall operate:
(a) any vehicle on a roadway at a speed in excess of the posted limit; or
(b) a bicycle other than on a roadway at a speed in excess of 20
kilometers per hour.
PART VI- COMMERCIAL ENTERPRISES
34. Sale of Merchandise, Trade or Business
1. Unless authorized by permit, no person shall, while in any park, sell or
offer or display for sale:
(a) any food, drink or refreshment;
(b) any goods, wares, merchandise or articles including promotional
material, souvenirs and novelties; or
(c) any art, skill, service or work.
2. While in any park, no person shall practice, carry on, conduct or solicit for
any trace, occupation, business or profession.
35. Circulars and Advertisements
1. Unless authorized by permit and Municipal Peddlers Licence, no person
shall:
(a) while in any park distribute, discard, or display any handbill,
notice, or other circular, bili or advertisement; or
(b) post, nail, attach, stencil or otherwise fasten or erect any poster,
sign, notice, placard or other circular, bill, advertisement or paper
to any park property.
PART VII- REGULATION AND ENFORCEMENT
36. Permits and Licences
1. Permits issued for activities contemplated in this by-law may be subject to
such fees as Council shall from time to time establish.
2. Permits issued for activities contemplated in this by-law may include
conditions as to time, location, area, equipment, number of participants,
type of activities, release, indemnity and insurance coverage.
3. The issuance of a permit pursuant to this by-law shall not relieve any
person from the necessity of acquiring any and all other licence or permit
required for such activity by any government or public authority.
4. No permit contemplated by this by-law shall be issued if same would
result in the contravention of other applicable law.
37. Posting of Signage
The Director is authorized to post signage of permission, regulation,
restriction, warning or prohibition with respect to uses of or activities in any
park in accordance with the provision hereof.
38. Temporary Closure
1. The Director is authorized to close off for such temporary periods as the
Director deems appropriate any park or part or parts thereof to relieve or
prevent overcrowding or traffic congestion, or in the interests of public
safety, or as may otherwise be authorized by Council.
2. The Municipality may, at any time when it is deemed advisable to do so,
close to the public any park or any portion of any park, or any building in
any park, and may require the payment of a fee by any person desiring to
enter any such park or building and no person shall enter any park or any
portion of any park, or any building in any park, so closed, without first
paying the fee for admission, to a person duly authorized by the
Municipality for the collection of such fee. Nothing in this by-law prevents
any Municipality of Clarington employee or servant from performing his
duties as an employee or servant.
3. The Director is authorized to post signage of permission, regulation,
restriction, warning or prohibition with respect to uses of or activities in
any park in accordance with the provisions hereof.
39. Exclusions and Exemptions
1. This by-law shall not apply to:
i. the drivers, operators or other personnel of ambulance, police or fire
department vehicles, or the riders or attendants of police
department horses, while engaged in the performance of their
duties;
ii. employees or agents of the municipality while engaged in works or
services undertaken for or on behalf of the municipality; or
iii. a park, property or building that is now or hereafter under the
jurisdiction of a board established by the Councilor by statute, the
members of which are appointed by Council.
40. Enforcement
1. Any police officer, Municipal Law Enforcement Officer or employee of the
municipality designated by the Director is authorized to inform any person
of the provisions of this by-law and to request compliance therewith.
2. Any police officer, Municipal Law Enforcement Officer or employee of the
municipality whose duties include the enforcement of this municipal by-
law, is authorized to order any person believed by such officer or
employee to be contravening or who has contravened any provision of
this by-law,
i. to desist from the activity constituting or contributing to such
contravention;
ii. to remove from the park any animal or thing owned by or in the
control of such person which the officer or employee believes is or
was involved in such contravention; or
ili. to leave the park.
3. Any police officer or Municipal Law Enforcement Officer may enforce
the provisions of this by-law.
. .
4. Where any person contravenes any of the provisions of this by-law, or
fails to comply with any order referred to in subsection (2) hereof, the
permission and licence of such person to remain in the park is
revoked.
41. Penalties
a. Any person contravening any of the provisions of this by-law, other than
clause 33(a) resulting from the operation of a motor vehicle, is guilty of an
offence and on conviction is liable to a fine in such amount provided for
by the Provincial Offences Act, RS.O. 1990. c.P.33. as may be amended
from time to time.
b. Any person contravening the provision contained in clause 33(a) of this
by-law, resulting from the operation of a motor vehicle, is guilty of an
offence under the Highway Traffic Act, RS.O. 1990, c.H.8, and, pursuant
to the provision thereof, on conviction is liable to a fine in such amount
provided for by the Highway Traffic Act. RS.O. 1990, c.H.8, as may be
amended from time to time.
c. The owner of a motor vehicle that is parked or left in contravention of
section 28 of this by-law is guilty of an offence and on conviction is
subject to the provisions of this section, unless at the time of the offence
the motor vehicle was in the possession of another person without the
owner's consent.
42. Removal of Vehicles
A police officer or Municipal Law Enforcement Officer, upon discovery of any
vehicle parked or standing in contravention of section 28 of this by-law may
cause it to be moved or taken to and placed or stored in a suitable place and
all costs and charges for removing, care and storage thereof, if any, are a lien
upon the vehicle which may be enforced in the manner provided by the
Repair and Storage Liens Act, RS.O. 1990, c.R25, as may be amended
from time to time, or any successor acts thereto.
That by-laws 91-20 and 92-125 be hereby repealed.
BY-LAW read a first and second time this 12'h day of June, 2006
BY-LAW read third time and finally passed this 12'h day of
. Jo j1 Mutt6n.tytayor
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I C. Anne Greentree, Deputy Clerk