HomeMy WebLinkAboutBy-law No. 2023-061THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-061
BEING A BY-LAW FOR THE USE, PROTECTION AND REGULATION
OF PUBLIC PARKS AND RECREATION AREAS
IN THE IN THE MUNICIPALITY OF BAYHAM
WHEREAS Section 11 of the Municipal Act, S.O. 2001, as amended, provides that a
municipality may pass by-laws respecting matters within the sphere of jurisdiction of Culture,
Parks, and Recreation;
AND WHEREAS Sections 425, 426 and 429 of the Municipal Act, 2001 S.O. 2001, chapter
25, states a municipality may pass By-laws providing that a person who contravenes a By-
law of the municipality passed under this Act is guilty of an offence, no person shall hinder or
obstruct, or attempt to hinder or obstruct, any person who is exercising a power or
performing a duty under this Act or under a By-law passed under;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
SHORT TITLE
This By-law may be cited as the `Parks By-law'
Section 1 - Definitions
In this By-law:
1.1 `Beach Area' shall mean any municipally -owned beach abutting water, and includes
the washroom facilities, all walkways, playgrounds, grass areas, naturalized areas,
parking lots, and any other built environment or feature associated with the beach
including the shoreline area to the waters edge;
,1.21 `Boulevard' shall mean any part of a municipal road allowance except for the
traveled portion of the road, the shoulder of the road or the sidewalk.
I :i Control' shall include care, custody and responsibility for supervision.
I Z 'Council' shall mean the Council of the Corporation of the Municipality of Bayham.
I `Designated' means an area defined or constructed for a specific use which may
include posted conditions.
FS `Liquor' shall have the same meaning as defined in the Liquor Licence Act, R.S.O.
1990, c. L-19 as amended.
`Motor Vehicle' shall have the same meaning as defined in the Highway Traffic
Act, R.S.O. 1990, c. H.8 as amended.
'1.8 `Municipality' shall mean the Corporation of the Municipality of Bayham.
1.9 `Municipal Law Enforcement Officer' shall mean a person appointed by the
Council of the Corporation of the Municipality of Bayham for the purpose of
enforcing Municipal By-laws and for the purpose of this by-law shall include Ontario
Provincial Police and the Manager of Public Works and Operations or designate.
1.10 `Natural Park Area' means an area which may be an entire Park or part of a Park,
preserved in its natural or near natural state or an area created to retain a natural
state as open space and available for use by the public.
1.11 `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
public open space, including a Public Park, Municipal Beaches, Pier and Natural
Park Area as defined in this by-law, that has been or hereafter may be placed
under the jurisdiction of the Municipality, including any buildings, structures,
facilities, erections and improvements located in or on such land.
1.12 'Person' shall mean an individual, corporation, partnership or sole proprietorship.
1.13 Player's Benches' shall mean the sitting or waiting area for the use of players
who participate, but are not fielded, in a team sporting activity such as baseball.
1.14 Playground Equipment' includes slides, swings and other equipment provided for
the use of young children within a defined area.
1.15 Public Park' shall mean an area of open land, maintained or owned by the
Municipality or a public authority for the enjoyment, health and well-being of the
public and normally open to the public.
1.16 'Refuse' or 'Debris' shall include but is not limited to:
j_ animal waste and excrement
ii, carcass, hides, bones or feathers of any animal or bird
iii_ construction and landscaping materials
iv. celluloid cuttings,
v. material or thing soaked in oil or gasoline
vi_ domestic waste
via. grass cuttings, leaves and vegetation
viii. hay, straw and manure
ix. manufacturers/industrial waste
x. sawdust and shavings
A. sewage and paper sludge
xii. snow and ice
xiii_ swill, soil, dirt earth or organic material
xiv. tree branches or roots
xv_ wrecked, dismantled, discarded, inoperative or abandoned machinery,
Vehicles, trailers, boats and their component parts, and includes Vehicles
that appear by reason of their appearance, mechanical condition or lack of
current permit plates to be inoperable, and tires;
1.17 'Recreation Area' means an outdoor area or building or combination of both, under
the Control of the Municipality which is maintained and/or supervised by employees
of the Municipality and includes all Parks and every tennis court, skating rink, play
area, community centre, skateboard facility, sports field, building or portion of a
building which is owned, leased or used by the Municipality, including a school and
school grounds, for purposes which include offering recreation to the public.
1.18 `Roadway' means that part of a Recreation Area that is designed for use by
Vehicles and Motor Vehicles.
1.19 `Trail' shall mean that part of a Park that has been marked or posted for the
purpose of hiking by the public.
1.20 `Tree' means all trees, shrubs and saplings now or hereafter growing or planted
upon any municipally owned land including Parks, Recreation Areas, and street
Boulevards.
1.21 Vehicle' means a truck, automobile, motor cycle, motor scooter, minibike, trailer,
Bicycle, carriage, wagon, sleigh, snowmobile, or any Vehicle or conveyance of
every description and whatever the motive power, except a baby carriage or cart,
child's wagon, child's sleigh, wheelchair or motorized assistive devices for persons
with disabilities.
1.22 Washroom' means any permanent or temporary structure or portion of a structure
located in Recreational Area that contains toilets or urinals and wash basins.
Section 2 — General Provisions
2.1 In any Park or Recreation Area within the Municipality, no person shall:
Vehicles and Parkin
2.1.1 drive any Vehicle other than on the Designated Roadways or drive or
ride or be in the care or Control of any Vehicle on any area which is not a Roadway,
or which has any signage, gate or barricade showing that such area is closed to
vehicular traffic, without first having obtained prior written approval from the
Municipality of Bayham;
2.1.2 use a motorized snow vehicle or motorized all -terrain vehicle;
Personal Conduct
2.1.3 engage in riotous, boisterous, violent, threatening, lewd or illegal conduct or use
profane or abusive language, including:
i. making any verbal comments or physical gestures about or toward anyone
that could reasonably be considered to be offensive, derogatory or abusive;
li. making noise likely to disturb any inhabitant or interfere with the enjoyment of
the Park or Recreation Area through the use of electronic equipment or any
other means;
iii_ urinating or defecating except in a Washroom facility;
iv_ engage in conduct that endangers the health and safety of himself, herself or
others;
2.1.4 remain in a Park or Recreation Area after being requested to vacate the Recreation
Area by a Municipal Law Enforcement Officer, or Police Officer;
2.1.5 plant any Tree or remove, cut down or injure any Tree in any Park or connecting
ravine, Recreation Area or on Boulevards related thereto.
Alcoholic Beverages
2.1.6 consume, serve, sell or possess Liquor without proper approval of the Municipality
and the Alcohol and Gaming Commission of Ontario;
Hours of Use
2.1.7 enter or remain in a Park or Recreation Area between 11:OOPM and 5:OOAM of the
following day, except to the extent that the Municipality has specifically authorized the
use of the Park or Recreation Area beyond 11:OOPM.
Vandalism and Damaqe to Property
2.1.8 climb, break, peel bark from, cut, remove, burn, deface or otherwise damage any
Tree, shrub or bush, or pick, destroy or remove any flower, plant, roots, sod or rock;
2.1.9 remove, break, deface, or otherwise damage any monument, display, cage, pen,
gate, seat, bench, picnic table, fence, posted sign, lock, barrier or any other
equipment of the Municipality located therein;
2.1.10 willfully break, deface, or otherwise damage any of the gates, locks, bolts or fences or
any of the seats or benches, buildings or other property or equipment or any other
Municipal property;
2.1.11 willfully destroy, cut, mark, break, dig, tear up, burn, paint or write upon or in any way
damage or deface any fountain, bridge, fence, wall, gate, Roadway, pavement,
parking area, sidewalk or other facility, erection or improvement, or any building, or
other structure or any appurtenance thereof or any swing, slide, playground
apparatus, table, seat, bench, sign, vase, or other fixture, equipment or personal
property or ornament or utility;
2.1.12 attach to or in any manner fasten to any Tree, any wire, rope, chain, cable, or other
such devices;
Animal Care & Control
2.1.13 cause or permit any animal under their Control or ownership to damage any Tree,
shrub, bush, flower, plant or roots thereof;
2.1.14 permit a dog to defecate unless the owner or other person in charge of the dog
forthwith removes the feces;
Trash and Recyclin -
2.1.15 fail to deposit Refuse in containers provided or if containers are not provided fail to
remove Refuse;
Postir�q Not-ces
2.1.16 post any sign or poster on any pole, Tree, planter, building, fence, bench, picnic
table, electrical transmission unit, lamp standard, or Municipal or utility company
equipment of any kind, without first having obtained prior written approval from the
Municipality of Bayham;
!�I?ni s.
2.1.17 carry, use or discharge any firearm, slingshot, bow and arrow, catapult or airgun or
throw any stone or missile, except under specifically written permission from the
Municipality;
Beach Lifesaving Equipment
2.1.18 remove, break, deface, or otherwise damage any item of lifesaving equipment or any
other equipment of the Municipality located at the Municipal Beach or Pier area.
Section 3 — Beach Provisions
3.1 On any Beach Area within the Municipality, no person shall:
3.1.1 use any type of barbeque or device for the purpose of cooking or reheating food
except where that barbeque or cooking device is contained within the beach house,
or municipally approved/licensed refreshment vehicle.
3.1.2 erect a tent or structure that is greater than 10'x10'.
3.1.3 erect a tent or structure which has more than 1 opaque side and which affects the
view of the shoreline without written municipal approval.
3.1.4 use, possess or deposit glass containers or bottles.
3.1.5 use a generator or other such devices that are powered by gas, diesel, propane or
any other fuel.
3.1.6 set, permit, or maintain a fire.
3.1.7 discharge or permit to be discharged any fireworks, unless written municipal approval
has been obtained.
3.1.8 play or practice sports in an area not set aside for that purpose, such as but not
limited to: football, baseball, soccer, volleyball, spikeball, handball, golf except any
other activity deemed by the Director of Public Works to be dangerous to the public
safety
3.1.9 use a recording device to record persons, without that persons explicit consent
3.1.10 play or permit to be played any music containing profane or abusive language
3.1.11 sell, or offer, display, distribute or rent, expose or advertise for sale any merchandise
or services without written municipal approval.
3.1.12 urinate or defecate except in washroom area.
Section 4 — Activities Subject to Approval
4 No Person shall claim, attempt to claim or have exclusive use of any Playground
Equipment, Natural Park Area, Park or Recreation Area within the Municipality.
4 2 Notwithstanding provision 3.1 of this by-law a person may claim exclusive use of
areas of a Park or Recreation Area subject to the appropriate rental and rental
agreement pursuant to the Rates & Fees By-law.
Section 5 — Exceptions
1 Notwithstanding any provision of this by-law restricting the use of Motor Vehicles in
any Park or Recreation Area, and for greater certainty only, a wheelchair or similar
device (motorized or otherwise) used by an individual due to a disability may be used
in any Park or Recreation Area including all pathways and the accessible portions of
Trails.
52 Notwithstanding any provision of this by-law, Vehicles operated on behalf of an
emergency medical service, fire department, police department, public utility, and the
Municipality shall have full access to all parts of a Park or Recreation Area at all times
where such access is possible.
Section 6 - Enforcement
6.1 A Municipal Law Enforcement Officer may enforce the provisions of this by-law.
62. A Municipal Law Enforcement Officer may order a person believed to be in
contravention of this by-law to:
6.2.1 cease the activity that is in contravention of the by-law; and/or
6.2.2 leave the Park, Recreation Area or any facility therein.
[�.3 Upon the default of any person to do anything required to be done under the
provisions of this By-law, or to repair any damage caused by any action prohibited by
this By-law, the Municipality may, upon giving ten (10) days' notice in writing to the
said person, do the work required to be done, or repair the damages caused by the
said person at the expense of the said person. All expenses incurred by the
Municipality in doing the said works, including but without limiting the generality of the
foregoing materials, labour, equipment, administration and legal expenses shall be
paid by the said person and may be recovered by action in any court having
jurisdiction.
6.4 The expenses as aforesaid shall bear simple interest from the date incurred at the
rate of 1.25% per month until paid.
&5 Users of Parks and Recreation Areas are subject to all applicable Municipal by-laws
and all Provincial and Federal laws and regulations and all persons violating any by-
law or law may be ordered to leave any Park or Recreation Area.
Section 7 - Penalty
7.1 Any Person who contravenes any of the provisions of this by-law is guilty of an
offence and upon conviction is liable to pay a fine or penalty for each offence,
exclusive of costs, as provided for in the Provincial Offences Act.
7.2 The court in which a conviction has been entered for contravention of this By-law and
any other court of competent jurisdiction thereafter, may make an order prohibiting
the continuation or repetition of the offence by the person convicted, and such order
shall be in addition to any other penalty imposed by the court on the person
convicted.
7_3 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Municipal
Law Enforcement Officer while exercising any power or performing any duty under
this By-law.
Section 8 - Liability for Damages
8.1 The provisions of this By-law shall not be construed as relieving or limiting the
responsibility or liability of any person utilizing a Park or Recreation Area for personal
injury or property damage resulting from the use of a Park or Recreation Area or
resulting from the negligence or willful acts of such person, or his or her agents or
employees, in the utilization of a Park or Recreation Area. Likewise, the provisions of
this section shall not be construed as imposing on The Corporation of the
Municipality of Bayham, its officers, employees, servants, agents and contractors
any responsibility or liability (whatsoever) by reason of the removal of any
unauthorized utilization of a Park or Recreation Area.
Section 9 - Administration
9.1 In this By-law, unless the contrary intention is indicated, words used in the singular
shall include the plural and words used in the male gender shall include the female
gender or vice versa, where applicable.
9.2 If there is a conflict between a provision in this By-law and a provision of any other
Municipal By-law, the provision that establishes the highest standard to protect the
health, safety and welfare of the general public shall apply.
9.3 This by-law applies to all Recreation Areas and Parks as defined in this by-law and
any premises located therein which are under the ownership or management of the
Municipality, together with the avenues, Boulevards, drives, ravines, trails, streets
and approaches thereto and connecting the same.
9.4 Nothing in this by-law relieves any person of the responsibility for adhering to
other applicable laws or for obtaining the approval of the Federal and Provincial
governments or agencies thereof as required.
Section 10 - Enactment, Repeal and Severability
10.1 This By-law shall come into full force and effect upon receipt of the approval of the set
fine schedules as issued by the Regional Senior Judge of the Ontario Court of
Justice, Central East Region.
10.2 As of the date upon which this by-law comes into force and effect, By-law No. 2017-
125 shall be repealed in its entirety.
10.3 In the event any section or provision of this By-law is held invalid, the remainder of
the By-law shall continue in force.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7t" DAY
OF SEPTEMBER 2023.
MAYO Ft CLERK
THE HONOURABLE JEANINE E. LEROY
REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
WEST REGION
80 DUNDAS STREET, 1 0" FLOOR, UNIT L
LONDON, ONTARIO N6A 6A8
Date: October 25, 2023
L'HONORABLEJEANINE E. LEROY
JUGE PRINCIPAL REGIONAL
COUR DE JUSTICE DE L'ONTARIO
Ke�EaF
DEIb
REGION DE L'OUEST
80, RUE DUNDAS, 10' ETAGE, UNITE L
LONDON (ONTARIO) N6A 6A8
TELEPHONE/TELEPHONE (51 9) 660-2292
FAX/TELECOPIEUR (51 9) 660-2407
ZROILTA0CT\I 11
To: The Honourable Justice Sharon Nicklas, Chief Justice
The Honourable Justice Aston Hall, Associate Chief Justice
From: Associate Chief Justice Jeanine E. LeRoy
Ontario Court of Justice
Your Honour:
Re: Delegation of Authority - Regional Senior Justice — West Region
Pending the appointment of a new Regional Senior Judge following the swearing
in of Associate Chief Justice LeRoy, effective October 25, 2023, 1 delegate my
authority insofar as I am able, as Regional Senior Justice, including authority to
sign and authorize judicial expense accounts on my behalf, to The Honourable
Justice Kevin McHugh.
,-- "O*�f64
Justice Jeanine LePZoy
Associate Chief Justice
Ontario Court of Justice
Justice Kevin McHugh
Ontario Court of Justice
West Region
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
WEST REGION
80 DUNDAS STREET, 1 0" FLOOR, UNIT L
LONDON, ONTARIO N6A 6A8
November 27, 2023
Stephen Miller
P.O Box 160
56169 Heritage Line
Straffordville, Ontario NOJ 1 YO
Dear Mr Miller
CABINET DU JUGE PRINCIPAL REGIONAL
COUR DE JUSTICE DE L'ONTARIO
REGION DE L'OUEST
80, RUE DUNDAS, 1 0` ETAGE, UNITE L
LONDON (ONTARIO) N6A 6A8
TELEPHONE/TELEPHONE (51 9) 660-2292
FAX/TELECOPIEUR (51 9) 660-31 38
Re: Set Fines - Provincial Offences Act - Part 1 By-law 2023-061, Parks
Enclosed herewith is the Part 1 original Order and original schedule of set fines
for the above referenced Bylaw, the Bylaw indicated in the schedules.
The setting of the fines does not constitute my approval of the short form of
wording used to describe the offences.
Please ensure that a copy of the said documents is forwarded to the Provincial
Offences Court in St Thomas, together with a certified copy of the Bylaw.
Yours truly,
i
Kevin McHugh
Acting Regional Senior Justice
Ontario Court of Justice
Encl.
/tz
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each
of the offences in the schedule of offences under the Provincial Statutes and
Regulations thereunder and By-law 2023-061 of the Municipality of Bayham
attached hereto are the set fines for those offences. This Order is to take
effect November 27th, 2023.
Dated at London this 27th day of November 2023.
k 7n�/`ew
Kevin McHugh
Acting Regional Senior Justice
Ontario Court of Justice
MUNICIPALITY OF BAYHAM
SET FINE SCHEDULE
PART 1 — PROVINCIAL OFFENCES ACT
By-law No. 2023-061 (Parks By-law)
Item
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision
Set Fine
Creating or
Defining Offence
1
Park or Recreation Area — drive vehicle other than on the
2.1.1
$ 150.00
design ted roadway
2
Park or Recreation Area — drive vehicle on any area not a
2.1.1
$ 150.00
roadway
3
Park or Recreation Area — ride in vehicle driven on any area
2.1.1
$ 150.00
not a roadway
4
Park or Recreation Area — care and or control of vehicle on
2.1.1
$ 150.00
an area not a roadway
5
Park or Recreation Area — drive vehicle on area closed to
2.1.1
$ 150.00
vehicular traffic
6
Park or Recreation Area — ride in vehicle driven on area
2.1.1
$ 150.00
closed to vehicular traffic
7
Park or Recreation Area — use motorized snow vehicle
2.1.2
$ 150.00
8
Park or Recreation Area — use all -terrain vehicle
2.1.2
$ 150.00
9
Park or Recreation Area — engage in riotous boisterous,
2.1.3
$ 300.00
violent threatening or lewd conduct
10
Park or Recreation Area — use profane or abusive language
2.1.3
$ 300.00
11
Park or Recreation Area — remain after being requested to
2.1.4
$ 300.00
vacate
12
Park or Recreation Area — plant tree
2.1.5
$ 150.00
13
Park or Recreation Area — remove, cut down, or injure a tree
2.1.5
$ 150.00
14
Park or Recreation Area — remove, cut down, or injure tree
2.1.5
$ 200.00
in connecting ravine or related boulevard
15
Park or Recreation Area — consume liquor without prior
2.1.6
$ 200.00
approvals
16
Park or Recreation Area — sell liquor without prior approvals
2.1.6
$ 200.00
17
Park or Recreation Area — possess liquor without prior
2.1.6
$ 200.00
approvals
18
Park or Recreation Area — enter between 11:00 pm and 5:00
2.1.7
$ 150.00
a.m.
Page 1 of 3
Item
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision
Set Fine
Creating or
Defining Offence
19
Park or Recreation Area — remain between 11:00 pm and
2.1.7
$ 150.00
5:00 a.m. without authorization
20
Park or Recreation Area — damage tree
2.1.8
$ 200.00
21
Park or Recreation Area — pick, destroy or remove any
2.1.8
$ 200.00
flower, plant, roots, sod or rock
22
Park or Recreation Area — damage any monument, display,
2.1.9
$ 200.00
cage, pen, gate, seat, bench, picnic table, fence, posted
si n, lock, barrier, equipment
23
Park or Recreation Area — willfully damage gate, lock, bolt,
2.1.10
$ 300.00
fence, seat, bench, equipment or other municipal property
24
Park or Recreation Area — attach or fasten wire, rope, chain,
2.1.12
$ 150.00
cable or device to a tree
25
Park or Recreation Area — permit animal to damage tree,
2.1.13
$ 150.00
shrub, bush flower plant or root
26
Park or Recreation Area — permit dog to defecate without
2.1.14
$ 150.00
removing the feces
27
Park or Recreation Area — fail to deposit refuse in containers
2.1.15
$ 300.00
provided
28
Park or Recreation Area — fail to remove refuse where
2.1.15
$ 300.00
containers not provided
29
Park or Recreation Area — post sign or poster
2.1.16
$ 150.00
30
Park or Recreation Area — carry, use or discharge weapon
2.1.17
$ 300.00
31
Park or Recreation Area — remove lifesaving equipment at
2.1.18
$ 500.00
municipal beach or pier
32
Park or Recreation Area — remove municipal equipment at
2.1.18
$ 500.00
municipal beach or pier
33
Park or Recreation Area — break or damage lifesaving
2.1.18
$ 500.00
equipment at municipal beach or pier
34
Beach Area — use barbeque or cooking device
3.1.1
$ 200.00
35
Beach Area — erect a tent or structure greater than 10 feet
3.1.2
$ 150.00
by 10 feet
36
Beach Area — erect a tent or structure that affects view of the
3.1.3
$ 150.00
shoreline
37
Beach Area — use, possess or deposit glass containers or
3.1.4
$ 300.00
bottles
38
Beach Area — use generator or device powered by gas
3.1.5
$ 200.00
propane or other fuel
39
Beach Area — Maintain a fire
3.1.6
$ 200.00
40
Beach Area — Set a fire
3.1.6
$ 200.00
Page 2 of 3
Item
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision
Set Fine
Creating or
Defining Offence
41
Beach Area — Permit a fire
3.1.6
$ 200.00
42
Beach Area — discharge fireworks
3.1.7
$ 200.00
43
Beach Area — permit fireworks to be discharged
3.1.7
$ 200.00
44
Beach Area — play sport in an area not set aside for that
3.1.8
$ 150.00
purpose
45
Beach Area — practice a sport in an area not set aside for
3.1.8
$150.00
that purpose
46
Beach Area — use recording device to record persons
3.1.9
$ 150.00
without explicit consent
47
Beach Area — play music containing profane or abusive
3.1.10
$ 200.00
language
48
Beach Area — permit music containing profane or abusive
3.1.10
$ 200.00
language
49
Beach Area — display for sale merchandise or services
3.1.11
$ 150.00
50
Beach Area - sell merchandise or services
3.1.11
$ 150.00
51
Beach Area — urinate or defecate in area other than
3.1.12
$ 300.00
washroom
52
Claim exclusive use of playground equipment, natural park
4.1
$ 150.00
area, park or recreational area
53
Attempt to claim exclusive use of playground equipment,
4.1
$ 150.00
natural park, park or recreational area
54
Have exclusive use of playground equipment, natural park
4.1
$ 150.00
area, park or recreational area
55
Hinder or obstruct an officer in the execution of their duties
7.3
$ 600.00
56
Attempt to hinder or obstruct an officer in the execution of
7.3
$ 600.00
their duties
Note: The general penalty provision for the offences listed above is Section 7.1 of By-law No.
2023-061, a certified copy of which has been filed.
Page 3 of 3