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HomeMy WebLinkAboutCS-18-90TOWN OF NEWCASTLE REPORT File #°.s ) Res. # By -Law #�D� MEETING: GENERAL PURPOSE AND ADMINISTRATION DATE: . June 4, 1990 REPORT #: CS -18 -90 FILE #: aJ&ECT: PARKS BY -LAW RECOMMENDATIONS: It is respectfully recommended .that the General Purpose & Administration Committee recommend to Council the following:- 1. That Report No. CS -18 -90 be received; 2. That the attached Parks By -Law (Schedule A) be approved; 3. That staff be authorized to sign parks and open space under the protection of this By -Law; and 4. That copies of the approved By -Law be provided to appropriate By -Law Enforcement agencies. 1.0 BACKGROUND: 1.1 Recent urbanization within the Town of Newcastle has created the need for a parks by -law to regulate and control the uses of Town owned parks, open space and other protected lands. 2.0 REPORT: 2.1 Community Services in conjunction with By -law Enforcement Staff have reviewed by -laws from other Municipalities and have drawn upon experience with local problems and issues to develop a proposed by -law which will meet the Town's currant needs. ../2 REPORT NO. CS -18 -90 - 2 - JUNE 4, 1990 2.2 The Parks Policy Committee has reviewed, provided input and endorses the proposed by -law as submitted. 2.3 The approved By -Law will from time to time be reviewed and revised as required to protect public land and fulfill Council's wishes for the use of parks and other lands. Respectfully submitted, Recommended for presentation to the Committee 1, Jose h P. Caruana, Director Lawrence Dep rtment of Community Services Chief Ad JPC:JDC:sda I Kotseff istrative Officer SCHEDULE A THE CORPORATION OF THE TOWN OF NEWCASTLE BY -LAW 90- being a by -law to protect, manage, regulate, govern and control all public parklands and buildings under the authority of the Town of Newcastle WHEREAS the Parks Assistance Act C 367, Sec. 10(1), as amended, authorizes the enactment of this By-law; NOW THEREFORE the Council of the Corporation of the Town of Newcastle enacts as follows: 1. Except herein otherwise as provided, this By -law applies to all public parks, open space lands, holdings and other lands owned, leased, licensed and/or maintained including any buildings, structures or amenities pertinent for which the Town has responsibility other than road allowances. 2. In this By -law: a) "municipality" shall mean the Corporation of the Town of Newcastle; b) "director" shall mean the Director of Community Services; c) "parkland" shall mean all land used by the Corporation of the Town of Newcastle for public park purposes, including any and all buildings, structures, facilities, erections, improvements and equipment of any nature or kind located in or on such land, for so long as the land is used for public park purposes; d) "public property" shall mean all lands used by the Corporation of the Town of Newcastle for recreation, administration or maintenance purposes, including Town Hall, Works yards, and Community/Recreation Centres; and all buildings, structures, facilities, erections, improvements and equipment of any name or kind located in or on such land; e) "posted area" means an area where permissive, warning or prohibition signs are erected; municipal law enforcement officer means a person appointed by the Council of the Town of Newcastle to enforce this by -law and all other by -laws. 3. No person shall in any "parklands" or "public property" premises: a) wilfully cause injury to any person or damage any parkland or any public property or both by any means whatsoever; b) leave or deposit any ashes, glass, plastic bottles, garbage or waste material of any kind whatsoever except in the receptacles provided for such purposes; c) owning, in control of, guardianship of, who provides protection to or nurtures an animal shall allow that animal to run at large or to be on public land other than under control on a lead or rein no longer than two meters; d) allow any animal under his control to enter any building, swimming pool, wading pool, fountain, stream, pond or water of any kind located on or immediately abutting public land; e) allow any animal under his control to defecate on or in any parkland or public premises and should such occur shall be equipped to promptly remove the defecation from the site or to a trash receptacle in such a manner as to be sealed and hygienic; f) hunt, or attempt to kill, maim, molest injure or harass any bird, animal or fish except that fish may be taken as allowed under provincial fishing regulation; 9 U -2- g) destroy, damage or disturb the nest or den of any bird or animal or disturb any fish while spawning or disturb the stream bed while spawn is hatching; h) allow any animal under his control to bark, threaten or annoy park users or other animal, bird or fish and shall immediately remove such an animal from public lands; i) install, encroach, inhabit or occupy any public land with any personal or private chattel, real property or extend the function or use of private lands onto public lands in any manner, shape or form and any person so doing shall be notified and shall quit the encroachment and return the land to a condition acceptable to the Director and any person refusing to do so will be charged under this by -law, the chattels and/or real property shall be removed by the Town and any costs incurred in the action shall be added to the next assessment; P install a gate or opening in any line fence; k) conduct himself in such a manner as to be obnoxious or objectionable to other person(s) or indulge in boisterous unseeming or unlawful conduct or use profane, indecent or abusive language; 1) swim or bathe in any water in or adjoining any parkland, public property premises, bathing beach or swimming pool without being properly clothed in a bathing suit or swim, wade or wash in any place or body of water not specifically dedicated for that purpose; m) dress or undress on any parkland or public property, premises bathing beach or swimming pool except in the places specifically provided for such purposes; n) being a male person enter any portion of any parkland, public property premises reserved for the use of female persons (washroom, change or bath house); being a female person enter any portion of any parkland, public property or premises reserved for the use of male persons (washroom, change or bath house). 4. Unless authorized by the municipality no person shall in any "parkland" or "public property" premises: a) ride, or drive any horse, motor vehicle, trailer or bicycle except upon the roadway therein designated for public vehicle use or park in any location other than parking slots so designated; b) drive, park or walk upon prepared ground, newly seeded or sodded ground or ground under repair; C) ride or operate a skateboard, scooter or other like vehicle which lacks brakes in sites other than those set aside for such function; d) possess, carry or fire a bow and arrow, crossbow, sling shot while on public lands; e) possess carry or fire a rifle, shot gun, hand gun, air rifle or mechanical rifle of any kind; f) operate or control remote control airplanes, vehicles or other toys; g) play or practise golf or in any way strike, or otherwise propel a golf ball h) distribute or expose any kind of commercial circulation or advertisement or post, mail, attach stencil or otherwise fasten or erect any poster, sign, notice, placard, or other circular, bill advertisement or paper to any tree, bush, shrub, fence, building or structure; i) engage in an activity using a bat, ball, stick or projectile of any kind in places other than those set aside specifically for such purpose and under the conditions which may be required by council; 904 -3- j) engaging in activities such as baseball, softball, football, soccer, cricket etc. will be regulated by the issuance of an Application/Permit and such permit will have precedence over all users; k) sell or keep for sale any goods, wares, merchandise or articles, souvenirs, novelties, tobacco, food, drink or refreshment of any kind without an Application/Permit; 1) perform for any reward any craft, skill, service or work or practise, carry on, conduct or solicit for any trade, occupation, business without an Application/Permit; m) light, make, build or use any fire except in fireplaces provided for in specially designated areas having first obtained a permit to do so; n) enter into any game of chance, betting of any nature or kind whether for money or money's worth except where permitted by law and with authority of an Application/Permit; o) organize or arrange a picnic for more than 25 persons without the authority of and Application/Permit; P) be involved in any promotion, film making or attempt to attract or entertain a crowd including but not exclusive to religious services or political rallies; q) use a public address system, loud speakers or hailers unless provided for in an Application/Permit; r) interfere with an authorized game or activity nor be on the area reserved for such game while that games is in progress; S) smoke in any building or part thereof where signs indicating that smoking is prohibited are on display; t) it is the responsibility of the user to familiarize oneself with the terms and conditions of this by -law and the Town will attempt to post the protection of appropriate lands under this by -law. 6. No person shall, without prior written permission: a) park a motor vehicle on "parkland" without authorization; and b) perform repairs or maintenance of a motor vehicle on "parkland" 6. Any person found in contravention of this By -law and said provisions thereof shall be liable to a fine of not more than two thousand ($2,000.00) (and not less than $25.00) exclusive of costs, for each offence, recoverable under provisions of the Provincial Offenses Act. BY -LAW read a first time this _ day of 1990. BY -LAW read a second time this _ day of 1990. BY -LAW read a third time and finally passed this _ day of 1990. IVUX i vn CLERK