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By-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