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.
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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;
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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;
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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