HomeMy WebLinkAboutBy-law No. 2017-125 BY-LAW NUMBER 2017-125
OF
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
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;
NOW THEREFORE the Council of the Corporation of the Municipality of Bayham
hereby 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 `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.
1.2 `Control' shall include care, custody and responsibility for supervision.
1.3 'Council' shall mean the Council of the Corporation of the Municipality of
Bayham.
1.4 `Designated' means an area defined or constructed for a specific use which
may include posted conditions.
1.5 `Liquor' shall have the same meaning as defined in the Liquor Licence Act,
R.S.O. 1990, c. L-19 as amended.
1.6 `Motor Vehicle' shall have the same meaning as defined in the Highway
Traffic Act, R.S.O. 1990, c. H.8 as amended.
1.7 `Municipality' shall mean the Corporation of the Municipality of Bayham.
1.8 `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.
1.9 `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.
1.10 `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.
1.11 `Person' shall mean an individual, corporation, partnership or sole
proprietorship.
1.12 `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.
1.13 `Playground Equipment' includes slides, swings and other equipment
provided for the use of young children within a defined area.
1.14 `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.
1.15 `Refuse' or 'Debris' shall include but is not limited to:
i. 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
vii. grass cuttings, leaves and vegetation
viii. hay, straw and manure
ix. manufacturers/industrial waste
x. sawdust and shavings
xi. 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;
1.16 `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.
1.17 `Roadway' means that part of a Recreation Area that is designed for use by
Vehicles and Motor Vehicles.
1.18 `Trail' shall mean that part of a Park that has been marked or posted for the
purpose of hiking by the public.
1.19 `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.
1.20 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.
1.21 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 Parking
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;
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;
ii. 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 A- 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
2.1.5 B - consume, serve, sell or possess Liquor without proper approval of the Municipality
and the Alcohol and Gaming Commission of Ontario;
Hours of Use
2.1.6 enter or remain in a Park or Recreation Area between 11:00PM and 5:00AM of the
following day, except to the extent that the Municipality has specifically authorized the
use of the Park or Recreation Area beyond 11:00PM.
Vandalism and Damage to Property
2.1.7 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;
2.1.8 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;
2.1.9 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;
2.1.10 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;
2.1.11 attach to or in any manner fasten to any Tree, any wire, rope, chain, cable, or other
such devices;
Animal Care & Control
2.1.12 cause or permit any animal under their Control or ownership to damage any Tree, shrub,
bush, flower, plant or roots thereof;
2.1.13 permit a dog to defecate unless the owner or other person in charge of the dog forthwith
removes the feces;
Trash and Recycling
2.1.14 fail to deposit Refuse in containers provided or if containers are not provided fail to
remove Refuse;
Posting Notices
2.1.15 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;
Weapons
2.1.16 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
2.1.17 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 —Activities Subject to Approval
3.1 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.
3.2 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 4 — Exceptions
4.1 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.
4.2 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 5 - Enforcement
5.1 A Municipal Law Enforcement Officer may enforce the provisions of this by-law.
5.2 A Municipal Law Enforcement Officer may order a person believed to be in contravention
of this by-law to:
5.2.1 cease the activity that is in contravention of the by-law; and/or
5.2.2 leave the Park, Recreation Area or any facility therein.
5.3 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.
5.4 The expenses as aforesaid shall bear simple interest from the date incurred at the rate of
1.25% per month until paid.
5.5 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 6 - Penalty
6.1 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.
6.2 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.
6.3 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 7 - Liability for Damages
7.1 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 8 -Administration
8.1 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.
8.2 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.
8.3 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.
8.4 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.
8.5 This by-law shall take effect on the date of passage by Council.
8.6 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 21st day of
December, 2017.MAY R CL
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 Municipal By-law No. 2017-125,
of the Municipality of Bayham, attached hereto are the set fines for those
offences. This Order is to take effect March 13, 2018.
Dated at London this 13 th day of March, 2018.
Stephen J. Fuerth
Regional Senior Justice
West Region
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
1. Park or Recreational Area – drive vehicle other
than on designated roadway s. 2.1.1 $105.00
2. Park or Recreational Area – drive vehicle on any
area not a roadway s. 2.1.1 $105.00
3. Park or Recreational Area – ride in vehicle driven
on any area not a roadway s. 2.1.1 $105.00
4. Park or Recreational Area – care and or control of
vehicle driven on any area not a roadway s. 2.1.1 $105.00
5. Park or Recreational Area – drive vehicle on area
closed to vehicular traffic s. 2.1.1 $105.00
6. Park or Recreational Area – ride in vehicle driven on
area closed to vehicular traffic s. 2.1.1 $105.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed.
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
7. Park or Recreational Area – care or control of
vehicular traffic s. 2.1.1 $105.00
8. Park or Recreational Area – use motorized snow
vehicle s. 2.1.2 $105.00
9. Park or Recreational Area – use all-terrain vehicle s. 2.1.2 $105.00
10. Park or Recreational Area – engage in riotous,
boisterous, violent, threatening, lewd or illegal conduct s. 2.1.3 $125.00
11. Park or Recreational Area – use profane or abusive
language s. 2.1.3 $125.00
12. Park or Recreational Area – remain after being
requested to vacate s. 2.1.4 $105.00
13. Park or Recreational Area – plant tree s. 2.1.5A $105.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed.
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
14. Park or Recreational Area – remove, cut down,
or injure any tree s. 2.1.5A $105.00
15. Park or Recreational Area – remove, cut down,
or injure any tree in connecting ravine or on
related boulevard s. 2.1.5A $105.00
16. Park or Recreational Area – consume liquor without
prior approvals s. 2.1.5B $105.00
17. Park or Recreational Area – serve liquor without
prior approvals s. 2.1.5B $105.00
18. Park or Recreational Area – sell liquor without
prior approvals s. 2.1.5B $105.00
19. Park or Recreational Area – possess liquor without
prior approvals s. 2.1.5B $105.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed.
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
20. Park or Recreational Area – enter between
11:00 p.m. and 5:00 a.m. s. 2.1.6 $105.00
21. Park or Recreational Area – remain between
11:00 p.m. and 5:00 a.m. without authorization s. 2.1.6 $105.00
22. Park or Recreational Area – damage tree s. 2.1.7 $105.00
23. Park or Recreational Area – pick, destroy or remove
any flower, plant, roots, sod or rock s. 2.1.7 $105.00
24. Park or Recreational Area – damage any monument,
display, cage, pen, gate, seat, bench, picnic table,
fences, posted sign, lock, barrier, equipment or other
municipal property s. 2.1.8 $105.00
25. Park or Recreational Area – willfully damage gates,
locks, bolts or fences or seats, benches, equipment, or
other municipal property s. 2.1.9 $105.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed.
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
26. Park or Recreational Area – attach or fasten wire,
rope, chain, cable or device to tree s. 2.1.11 $105.00
27. Park or Recreational Area – permit animal to damage
tree, shrubs, bush, flower, plant or roots s. 2.1.12 $105.00
28. Park or Recreational Area – permit dog to defecate
without removing feces s. 2.1.13 $105.00
29. Park or Recreational Area – fail to deposit refuse in
containers s. 2.1.14 $105.00
30. Park or Recreational Area – fail to remove refuse where
containers not provided s. 2.1.14 $105.00
31. Park or Recreational Area – post sign or poster s. 2.1.15 $105.00
32. Park or Recreational Area – carry, use, or discharge
weapon s. 2.1.16 $200.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed.
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
33. Park or Recreational Area – Municipal Beach or
Pier – remove life saving equipment s. 2.1.17 $200.00
34. Park or Recreational Area – Municipal Beach or
Pier – remove municipal equipment s. 2.1.17 $200.00
35. Park or Recreational Area – Municipal Beach or
Pier – break, deface or damage lifesaving
equipment s. 2.1.17 $200.00
36. Park or Recreational Area – Municipal Beach or
Pier – break, deface or damage municipal
equipment s. 2.1.17 $200.00
37. Claim exclusive use of playground equipment,
natural park area or park or recreational area s. 3.1 $105.00
38. Attempt to claim exclusive use of playground
equipment, natural park area or recreational area s. 3.1 $105.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed.
Part I Provincial Offences Act
THE CORPORATION OF THE BY-LAW NO. 2017-125 TITLE: PARKS BY-LAW
MUNICIPALITY OF BAYHAM
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating or Defining Set Fine
Offence
39. Have exclusive use of playground equipment,
natural park area, or park or recreational area s. 3.1 $105.00
NOTE: The penalty provision(s) for the offence(s) indicated above is s. 6.1 of By-Law No. 2017-125, a certified copy of which by-law
has been filed