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HomeMy WebLinkAbout2024-009If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. The Corporation of the Municipality of Clarington By-law 2024-009 Being a by-law to promote the safe and orderly use of public spaces, to protect infrastructure, to maintain the functional integrity of public spaces, and to prevent nuisance within public spaces, as well as adjacent private property, and to repeal By-law 2006-126 Whereas subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, authorizes the Municipality of Clarington to pass by-laws respecting the health, safety and well-being of persons, as well as protection of persons and property; And Whereas it is in the public interest to enact a by-law to regulate and protect public spaces in the Municipality of Clarington; Now therefore the Council of the Corporation of 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) "camping" means recreational overnight habitation in a tent, or other temporary or permanent structure or accommodation, but does not include a temporary emergency shelter; (c) "Council" means the Council of the Municipality of Clarington; (d) "damage" means break, injure, deface, move or remove; (e) "Deputy CAO" means the Deputy CAO/Public Services of the Municipality of Clarington or his/her designate; (f) "designated area" means an area defined or constructed for a specific use which may include posted conditions; (g) "Enforcement Officer" means a Police Officer or a Municipal Law Enforcement Officer whose duties include the enforcement of this By-law; (h) "liquor" means liquor as defined by the Liquor Licence and Control Act, 2019, S.O. 2019, c. 15, Sched. 22; (i) "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; Q) "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; (k) "Municipality" means the Corporation of the Municipality Clarington, or its geographical area, as the context requires; (I) "person" means means an individual or a corporation, and "persons" has a corresponding meaning (m)"public space" means any publicly accessible open space owned or otherwise controlled by the Municipality, including any features or amenities located thereupon; (n) "parking lot" means any area or a tract of land designated for the parking of vehicles; (o) "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; (p) "permit" means any written authorization of Council, a Committee established by Council, or the Director where such authority has been delegated; (q) "resident" means residents of the Municipality of Clarington; (r) "temporary emergency shelter" means a temporary, portable shelter, including a tent, used for overnight emergency protection from the elements that is used out of necessity due to the unavailability of accessible shelter space within the Regional Municipality of Durham, but does not include daytime use of such shelters; (s) "vegetation" means any flower, plant material, shrub or tree; (t) "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. Purpose 1.1 Pursuant to Subsection 11(2) of the Municipal Act, 2001, the objective of this By-law is to promote the safe and orderly use of public spaces, to protect infrastructure, to maintain the functional integrity of public spaces, and to prevent nuisance within public spaces, as well as adjacent private property. Hours of Operation 2. Except as otherwise expressly provided by this By-law: (a) All public spaces shall be closed from dusk until dawn unless otherwise posted or permitted, or for the purpose of temporary emergency shelter. (b) Notwithstanding the foregoing, public spaces may be opened at any time upon permission of the Deputy CAO. (c) During any period when a public space is closed, no vehicle shall remain on the property. (d) During the time a public space 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 within the public space and, during such period, no person shall leave a vehicle owned or operated by him/her within the public space. Conduct 3. While in any public space, no person shall; (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 or enjoyment of the public space by other persons. Firearms and Weapons 4. While in any public space, 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. Fireworks 5. While in any public space, no person shall ignite, discharge or set off any firecrackers, rockets or other fireworks except as a fireworks display authorized by permit. Injury and Damage 6. While in any public space, no person shall: (a) climb any building, structure or equipment, unless it is equipment intended by the Municipality 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 a vehicle, walk, or engage in any other activity in an area where it is prohibited. Waste and Pollution 7. While in any public space, no person shall; (a) dispose or dump garbage or litter, except that which is generated through the reasonable and customary use of the public space, specifically excluding household waste, and shall only deposit same in receptacles provided for such purpose. (b) dispose of or dump yard waste, tree trimmings, or other organic refuse except in an area designated by the Municipality for such use; (c) dump or deposit snow, fill, soil, building or construction materials, unless authorized by permit; 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. Protection of Wildlife 8. While in any public space, no person shall: (a) kill, attempt to kill, maim, injure, trap or disturb any wildlife; (b) touch, injure or remove any nest or egg there from; or (c) feed any wildlife. Encroachment 9. Unless authorized by permit or agreement, no person shall encroach upon or take possession of any public space 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. Alcohol 10. While in any public space, no person shall consume, serve, or sell liquor, or alcoholic beverages unless authorized by permit and with the approval of the Liquor Licence Control Board of Ontario. Campfires and Barbeques 11. While in any public space, 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. Organized Gatherings and Picnics 12. While in any public space, 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. Noise Amplification 13. Unless authorized by permit, no person shall operate loudspeakers or amplifying equipment in any public space. Camping and Lodging 14. Unless authorized by a permit, no person shall engage in camping in any public space. Temporary Emergency Shelters 15. Unless authorized by a permit, no person shall place, install, or erect any tent, building, structure, or accommodation, in any public space, save and except for a temporary emergency shelter. 15.1 Every person who places, installs, erects, or makes use of a temporary emergency shelter in a public space shall comply with the provisions contained in Schedule "A" of this By-law. Swimming and Bathing 16. While in any public space, 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. Use of Washrooms and Changing Rooms 17. No person shall enter any portion of any washroom, bathhouse, or changing room in any public space with a camera or electronic equipment capable of replicating images. Organized Sports or Activities 18. While in any public space, no person shall utilize a designated area without a permit where the requirement to obtain a permit is in force. Fishing 19. No person shall partake in fishing in any public space where it is prohibited. Golfing 20. While in any public space, no person shall play or practice golf or strike a golf ball. Drones, Model Aircraft and Rockets 21. While in any public space, no person shall operate any drones, powered model aircraft, rockets, watercraft, or vehicles unless authorized by permit. Gliders and Hot Air Balloons 22. 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 public space. Skating 23. No person shall erect any outdoor ice surface in any public space unless authorized by a permit, and subject following conditions: (a) to abide by safety guidelines as set by the Municipality from time to time; (b) to inspect the rink daily to ensure structure and skate surface is as safe as possible and maintain a log of inspections for review by Municipality; (c) to take any reasonable direction provided by the Municipality; (d) to provide a hold harmless/indemnification agreement signed in favour of the Municipality; and (e) to provide proof of liability insurance in an amount not less than $1,000,000 which includes the Municipality as an additional named insured with respect to any liability arising out of the ice surface. Skiing 24. No person shall ski, toboggan, snowboard, or sled in any area of a public space where it has been prohibited by posted signage. Rollerskates and Skateboards 25. While in any public space, no person shall: (a) operate or utilize roller skates, skateboards, 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 roller skates, skateboards, linear skates, heelies, or like conveyances. Tennis 26. No person shall enter, walk, or play upon a designated area for tennis in any public space, except in accordance with the posted rules and regulations. Roadways 27. (1) The Deputy CAO is authorized to establish appropriate regulations to regulate the use of any roadway within a public space. (2) Unless authorized by permit, and except for bicycles, no person shall, while in any public space, drive, operate, pull or ride any vehicle except on a roadway or parking area. Parking 28. While in any public space, 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 public space. Roadways Continued 29. No person shall make use of any roadway or parking lot in any public space 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. Bicycles 30. While in any public space, 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. Motorized Recreation Vehicles 31. No person shall ride, drive, park or be in possession or control of a motorized recreation vehicle in any public space except in a designated area. Trucks and Commercial Vehicles 32. No person shall drive, operate, pull or ride in any public space: (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 public space while it is proceeding to or from such point of delivery. Speed 33. Unless authorized by permit, while in any public space, no person shall operate: (a) any vehicle on a roadway at a speed more than the posted limit; or (b) a bicycle other than on a roadway at a speed more than 20 kilometers per hour. Trade, Business, or Sale of Merchandise 34. (1) Unless authorized by permit or applicable license, no person shall, while in any public space, 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 public space, no person shall practice, carry on, conduct, or solicit for any trade, occupation, business, or profession unless specifically authorized by the Municipality. Advertising 35. No person shall post, nail, attach, stencil, or otherwise fasten or erect any poster, sign, notice, placard or other circular, bill, advertisement, or paper within a public space unless expressly permitted. Permits 36. Any permit issued under authority of this By-law: (a) may be subject to such fees as Council shall from time to time establish; (b) may include conditions as to time, location, area, equipment, number of participants, type of activities, release, indemnity and insurance coverage; (c) shall not relieve any person from the necessity of acquiring any and all other licenses or permits required for such activity by any government or public authority; and (d) shall not be issued if same would result in the contravention of other applicable law. Signage 37. The Deputy CAO is authorized to post signage of permission, regulation, restriction, warning or prohibition with respect to uses of or activities in any public space in accordance with the provisions of this By-law. Temporary Closure 03 (1) The Deputy CAO is authorized to close off for such temporary periods as they deem appropriate, any public space 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 any public space, and may require the payment of a fee by any person desiring to enter any such public space and no person shall enter without first paying the fee for admission, to a person duly authorized by the Municipality for the collection of such fee. (3) The Deputy CAO is authorized to post signage of permission, regulation, restriction, warning, or prohibition with respect to uses of or activities in any public space in accordance with the provisions of this By-law. Exemptions 39. This By-law shall not apply to: (a) 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; (b) employees or agents of the municipality while engaged in works or services undertaken for or on behalf of the municipality; or (c) a park, property or building that is now or hereafter under the jurisdiction of a board established by the Council or by statute, the members of which are appointed by Council. Enforcement 40. Where any person contravenes any provision of this By-law, an Enforcement Officer may direct such person to comply with this By-law. Every person so directed shall comply with such direction without delay. Powers of Entry and Removal 41. An Enforcement Officer, whether alone or accompanied by an individual possessing special or expert knowledge or skills, may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. 42. An Enforcement Officer, upon discovery of any vehicle parked or standing in a public space in contravention 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, R.S.O. 1990, c.R.25, as may be amended from time to time, or any successor acts thereto. 43. For the purposes of an inspection under this By-law, an Enforcement Officer may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 44. In addition to any other provision of this By-law, and subject to the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, a provincial judge or justice of the peace may issue an order authorizing the Municipality to enter on land, including a room or place actually being used as a dwelling, for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. Obstruction 45. No person shall provide false information or give a false statement to an Enforcement Officer, employee and/or agent of the Municipality in the lawful exercise of a power or duty under this by-law. 46. No person shall hinder or obstruct, nor attempt to hinder or obstruct, either directly or indirectly, an Enforcement Officer, employee and/or agent of the Municipality in the lawful exercise of a power or duty under this by-law. Offences and Penalties 47. Every person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended. 48. Pursuant to the authority established in section 429(2) of the Municipal Act, 2001, S.O. 2001, c. 25, every person who contravenes any provision of this By-law is guilty of an offence and upon conviction pursuant to Part III of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended, shall be subject to the following penalties: (a) Upon a first conviction is liable to a fine of not more than $25,000; and (b) Upon subsequent conviction(s) is liable to a fine of not more than $100,000. 49. Each day on which a person contravenes any provision of this By-law shall be deemed to constitute a separate offence under this bylaw as provided for in section 429(2) of the Municipal Act, S.O. 2001, c. 25. 50. Where any person contravenes any provision of this By-law, such person shall be responsible for all costs incurred by the Municipality directly related to the contravention. Severability 51. Each section of this By-law is an independent section, and the holding of any section or part of any section of this By-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other sections of this By-law. Conflict 52. In the event of a conflict of a conflict between any provision of this By-law and any applicable Act or regulation, the provision that is the most restrictive prevails. Schedules 53. The following Schedules are attached to and form an integral part of this By- law: Schedule "A" —Regulations for Temporary Emergency Shelters Schedule "B" —Set Fines Short Title 54. This By-law may be referred to as the "Public Spaces By-law" Repeal 55. By-law 2006-126, as amended, is repealed on the date this By-law becomes effective. Effective Date 56. This By-law shall be effective on the date thafi it is passed. Passed in Open Council this 25th day of March 2024. Granville Anderson, Deputy Mayor une Ga11a�gher, Municipal Written approval of this by-law was given by Mayoral Decision MDE-2024-003 dated Marcl�25a 2024 ,n P Schedule "A" — Regulations for Temporary Emergency Shelters Preamble All interactions with Clarington's unsheltered population will be lead with a human - centered, housing first, health -focused, rights -based approach. All Staff actions will be guided by a commitment to upholding the human rights and human dignity of all individuals who experience housing insecurity. Staff will also work to build mutual understanding and respect, effective communication, and empathy. With that understanding, it is also vital that regulations be applied to temporary emergency shelters both to protect the health and safety of the occupants and to prevent any unnecessary conflicts with other members of our community and our local businesses and service providers. Minimum Separation 1. No person shall place, install, erect, locate, or make use of a temporary emergency shelter less than 50 metres from any other temporary emergency shelter. 2. Notwithstanding the above section, individual temporary emergency shelters may form a cluster not to exceed three individual temporary emergency shelters. Prohibited Locations No person shall place, install, or erect, locate, or make use of a temporary emergency shelter: (a) on, or within 50 meters of, any public or private school or daycare centre; (b) on, or within 50 meters of, any playground, pool, waterpark, splash pad, playing field, tennis/basketball/pickleball court, cricket pitch, skate park, ice rink, picnic shelter, gazebo, cenotaph, bandshell, amphitheater, bleacher, grandstand, patio, boat launch or other public amenity or programmed area; (c) within 5 meters of, any private property boundary; (d) on, or within 5 meters of, any transit stop or a highway and specifically including a sidewalk, boulevard, or bridge or tunnel being part of such highway; (e) on, or within 5 meters of, any property designated pursuant to the Ontario Heritage Act; (f) on, or within 5 meters of, any off -leash dog area; (g) on, or within 5 meters of, any cemetery lands, including its roads, lanes and paths of travel; (h) on any community garden and including any garden shed or greenhouse; (i) on any sidewalk, trail, pathway, or parking lot or on, or under, any bridge, including pedestrian access points to such areas and structures; Q) on, or within, any designated fire route, or the entrance to or exit from a designated fire route, or located so as the block any fire hydrant; (k) on, or within 5 meters of, any entrance, exit or a doorway to a building or structure, and including, without limiting the generality of the foregoing, an area adjacent to such entrances or exits required in the event of fire or emergency; (1) on, or within, any accessibility entrance or ramp, or located in a way that impedes access to such entrances or ramps; (m) on, or within, any area at imminent risk of flooding, erosion, slope instability, or other environmental hazards, or in any area that poses an immediate risk to human health or safety; (n) against, under, or attached, or tied to any building or permanent structure; or (o) in any other location that unreasonably interferes with a government service, private business, public safety, or customary use and enjoyment of public or private property. Maximum Area of Occupation 2. The total area of occupation for an individual temporary emergency shelter and associated belongings shall not exceed 9 m2, and the total area for a cluster of up to three temporary emergency shelters and associated belongings shall not exceed an area of 27 m2. 3. Any items located outside of the allotted personal space area would be subject to immediate removal by Municipal staff. Schedule "B" — Set Fines Municipality of Clarington PART I Provincial Offences Act By-law #2024-009: Public Spaces By-law Page 1 of 3 Item Column 1 Short Form Wording Column 2 Provision creating or defining Offence Column 3 Set Fine 1 Enter/remain in public space when public space is closed s. 2. (d) $ 150.00 2 Allow vehicle to remain in public space when public space is closed s. 2. d $ 150.00 3 Indulge in riotous/boisterous/violent/threatenin /ille al conduct in public space s. 3. a $ 250.00 4 Use profane/abusive language in public space s. 3. (a) $ 250.00 5 Loiter/accost/frighten/annoy/disturb person in public space s. 3. c $ 250.00 6 Interfere with use or enjoyment of public space s. 3. (d) $ 250.00 7 Possess firearm/replicagun/airgun/bow and arrow/axe in public space s. 4. $ 500.00 8 Discharge fireworks in public space s. 5. $ 250.00 9 Climb building/structure/equipment not designated for climbing in public space s. 6. (a) $ 150.00 10 Damage vegetation/municipal property in public space s. 6. b $ 250.00 11 Climb/move/remove rocks/rock faces/boulders/vegetation/soil/sand/wood in public space s. 6. (c) $ 150.00 12 Disturb ground under repair work in public space s. 6. d $ 150.00 13 Disturb ground prepared for planting in public space s. 6. (d) $ 150.00 14 Disturb newly seeded or sodded ground in public space s. 6. d $ 150.00 15 Drive/park/walk/engage in activity in prohibited area s. 6. (e) $ 250.00 16 Dispose/dump garbage/litter not generated through reasonable customary use of public space s. 7. (a) $ 250.00 17 Dispose/dump and waste/tree trimmings/organic waste in public space s. 7. b $ 250.00 18 Dump/deposit snow/fill/building or construction materials in public space s. 7. (c) $ 250.00 19 Dump/drain any materials onto soil or into waters in public space s. 7. d $ 250.00 20 Kill/maim/injure/trap/disturb any wildlife in public space s. 8. (a) $ 350.00 21 Touch/injure/remove any nest or egg there from in public space s. 8. (b) $ 350.00 "NOTE: The general penalty provision for the offences listed above is section 47 of By-law 2024-009, a certified copy of which has been filed." Municipality of Clarington PART I Provincial Offences Act By-law #2024-009: Public Spaces By-law Page 2 of 3 22 Feed wildlife in public space s. 8. c $ 150.00 23 Encroach upon/take possession of a public space by any means s. 9. $ 400.00 24 Consume/serve/sell liquor in public space s. 10. $150.00 25 Light/build/stoke open fire or bonfire in public space without permit s. 11. (a) $ 250.00 26 Use charcoal or solid fueled portable barbecues where prohibited by posted si na a without permit s. 11. b $ 200.00 27 Use charcoal or solid fueled barbecue in public space without permit s. 11. (b) $ 200.00 28 Use fuel other than charcoal or briquettes in stationary barbecues in public space S. 11. c $ 200.00 29 Fail to extinguish barbecue/campfire s. 11. (d) $ 250.00 30 Hold picnic/organized gathering/event for more than 25 persons in public space s. 12. a $ 250.00 31 Interfere with authorized picnic/organized gathering/event in publics ace s. 12. b $ 250.00 32 Operate loudspeakers/amplifying equipment in public space s. 13. $ 300.00 33 Camping in public space s. 14. $ 250.00 34 Place/install/erect a tent/building/structure in public space s. 15. $ 300.00 35 Fail to comply with a provision of Schedule "A" s. 15.1 $ 150.00 36 Swim in public pool outside designated time s. 16. (a) $ 150.00 37 Fail to abide by posted signs in or adjacent to swimming pool in public space s. 16. b $ 150.00 38 Fail to obey instruction of lifeguard or designated person in swimming pool s. 16. b $ 150.00 39 Swim/bathe/wade in area not designated for swimming s. 16. c $ 150.00 40 Enter wash room/bath house/chan e room with camera s. 17. $ 500.00 41 Utilize designated area without permit s. 18. $ 250.00 42 Partake in fishing where prohibited s. 19. $ 200.00 43 Play/practice golf or strike golf ball in public space s. 20. $ 150.00 44 Operate drone/power model aircraft/rocket/watercraft/vehicle in public space s. 21. $ 150.00 45 Tether/launch/land hot air balloon/hand glider/ultra-light aircraft/conveyance in public space without permit s. 22. $ 150.00 "NOTE: The general penalty provision for the offences listed above is section 47 of By-law 2024-009, a certified copy of which has been filed." Municipality of Clarington PART I Provincial Offences Act By-law #2024-009: Public Spaces By-law Page 3 of 3 46 Erect outdoor ice surface in public space without permit s. 23. $ 250.00 47 Ski/tobo an/snowboard/sled in posted prohibited area in public space s. 24. $ 150.00 48 Use roller skates/skateboard/linear skates/heelies in prohibited area in public space s. 25. (a) $ 150.00 49 Obstruct/inconvenience/endanger public space users while utilizing roller skates, skateboards, linear skates, heelies, or like conveyances s. 25. (b) $ 200.00 50 Enter/walk/play tennis in designated tennis area contrary to posted signs in public space s. 26. $ 150.00 51 Drive/operate/pull/ride vehicle off roadway or parking area in public space s. 27 2 $ 200.00 52 Use roadway/parking lot in public space for instructing/teaching/coaching a person to drive s. 29. (b) $ 150.00 53 Ride/operate/possess bicycle in posted prohibited area s. 30. a $ 150.00 54 Obstruct/inconvenience/endanger public space users while riding/operating a bicycle s. 30. (b) $ 200.00 55 Ride/drive/park/possess motorized recreational vehicle in area not designated s. 31. $ 200.00 56 Drive/operate/pull/ride heavy machinery/equipment in public space s. 32. a $ 150.00 57 Drive/operate/pull/ride truck/trailer/bus while not on delivery s. 32. (b) $ 150.00 58 Operate bicycle not on roadway in excess of 20 kph in public space s. 33. b $ 150.00 59 Sell/offer/display for sale food/drink/refreshment in public space without permit s. 34. (1) (a) $ 250.00 60 Sell/offer/display for salegoods/wares/merchandise/articles in public space without permit s. 34. 1 b $ 250.00 61 Sell/offer/display for sale art/skill/service/work in public space without permit s. 34. (1) (c) $ 250.00 62 Carry on/solicit for unauthorized trade/occupation/business/profession in public space s. 34. (2) $ 400.00 63 Post/attach/fasten poster/sign/notice/placard/bill/advertisement/paper within public space s. 35. $ 250.00 64 Provide false information to an officer s. 45. $ 500.00 65 Hinder or obstruct officer/em p loyee/ag ent of Municipality s. 46. $ 500.00 "NOTE: The general penalty provision for the offences listed above is section 47 of By-law 2024-009, a certified copy of which has been filed."