BY-LAW CONCERNING PARKS UNDER THE AUTHORITY OF THE URBAN AGGLOMERATION COUNCIL OF MONTRÉAL

Transcription

1 VILLE DE MONTRÉAL BY-LAW RCG BY-LAW CONCERNING PARKS UNDER THE AUTHORITY OF THE URBAN AGGLOMERATION COUNCIL OF MONTRÉAL In view of section 37 and of schedule I of the Order in Council concerning the urban agglomeration of Montréal ( , December 8, 2005, as amended); In view of section 47 of Schedule C of the Charter of Ville de Montréal (R.S.Q., chapter C- 11.4); At the meeting of August 26, 2010, the urban agglomeration council enacts: CHAPTER I DEFINITIONS AND INTERPRETATION 1. In this by-law, the following words mean: city : the city of Montréal. director : the director, Grands parcs et espaces verts or his authorized representative; park : all parks under the authority of the urban agglomeration council of Montréal, under the Order in Council concerning the urban agglomeration of Montréal ( , December 8, 2005, as amended) and the immovables therein, except for Parc Jean-Drapeau; public highway : a public highway under the Highway Safety Code (R.S.Q. chapter C-24.2); street furniture : benches, bollards, metro charge ports, fire hydrants, geodetic monuments, boundary monuments, speed bumps, cables, valve chambers, fences, conduits, fountains, grids, streetlamps, monuments, walls, low walls, road signs, parking meters, posts, garbage containers, catch basins, access manholes, recycling bins, manholes, lampposts, pipes, vaults and other similar things, destined for use or decoration, placed by the city for its purposes; vehicle : a road vehicle under the Highway Safety Code (R.S.Q. chapter C-24.2) as well as power-assisted bicycles; RCG /1

2 2. The director is responsible for the surveillance and control of parks. The first paragraph does not exempt a peace officer from maintaining public peace and order in parks, nor from taking, for this purpose, all measures under his jurisdiction. CHAPTER II CONDITIONS AND HOURS 3. Parks are closed between midnight and 6 a.m. The executive committee may, by way of an ordinance under article 13 of this by-law, set different closing days or times for a park or part of a park. 4. No person may be in a park at a time when it is closed. The first paragraph does not apply to: (1) public highways; (2) the parts of a park where activities take place after closing hours, as authorized by the city, including the buildings required for those activities; (3) The Camilien-Houde belvedere. 5. The director may, when he deems necessary for public safety reasons, prohibit access to a park or close by means of gates or informative signs a road, a trail or a cycling path in a park. Every person who does not act in conformity with the measures taken by the director under the first paragraph contravenes this by-law. 6. No person may enter in or exit from a park in places other than those determined and designated for that purpose. CHAPTER III ACCESS TO ANIMALS 7. No person may bring an animal, except a dog on a leash. Despite the first paragraph, dogs are prohibited in all places where a sign is posted in that regard. 8. It is forbidden to allow a dog to enter a building, with the exception of a guide dog or of an animal used as part of a city-authorized activity. RCG /2

3 CHAPTER IV TRAFFIC 9. In a park, no person may: (1) drive a vehicle in an area other than a public highway; (2) ride a bicycle or rollerblade, unless signs specifically authorize these activities. In this regard, signs authorizing bicycling also apply to rollerblades. Service vehicles belonging to the city or to one of its representatives are not subject to the prohibition under paragraph (1) of the first paragraph. 10. Every cyclist must abide by all signs. 11. Every person riding a bicycle or rollerblading must: (1) travel on the far right side of the pavement and in the direction of traffic; (2) signal their presence when passing; (3) yield to any user already traveling on the road or path that they are about to enter; (4) travel at no more than 20 km/hr. Paragraph (4) of the first paragraph does not apply to any activity or event determined by ordinance of the executive committee in accordance with article 13 of this by-law. CHAPTER V USER BEHAVIOR AND ACTIVITIES 12. No person visiting or frequenting a park may: (1) feed or abandon an animal; (2) shoot or hunt; (3) use street furniture to an end other than that for which it was meant, damage it, or modify it in any way; (4) install any equipment (tarps, hammocks, games, etc.) supported by trees, shrubs or street furniture, with the exception of equipment installed by a city representative; (5) light open fires, except in accordance with the By-law concerning fire prevention (R.B.C.M. c. P-5.1); RCG /3

4 (6) use a propane-fuelled barbecue or a butane-fuelled stove unless there is a sign specifically authorizing their use in a pick-nick area designated as such; (7) discard an empty gas or butane tank; (8) use a charcoal barbecue in an area other than a pick-nick area equipped with ash disposal bins and designated as such; (9) chuck, throw or launch stones or other projectiles by hand, or using a device; (10) fish in a pond or fountain, bathe, bathe an animal, or throw anything in it; (11) use an audio device that disturbs the peace of the premises or of the users; (12) sell or offer anything for sale in an area other than an establishment located inside a building; (13) place signs, placards, posters or announcements, except in areas designated for that purpose, or as part of an event determined by ordinance of the borough council concerned in accordance with article 15 of this by-law. CHAPTER VI ORDINANCES 13. The executive committee may set, by ordinance: (1) determine the days and times when a park or a portion of a park is closed. (2) determine the activity or event during which travelling by bicycle or roller blades at a speed greater than 20 km/hr is authorized; (3) determine the event during which placing signs, placards, posters or announcements is authorized, along with the conditions and methods for such signage. CHAPTER VII PENAL PROVISIONS 14. Any person who contravenes this by-law is guilty of an offence and is liable: (1) for a first offence, to a fine of $100 to $300; (2) for a second offence, to a fine of $300 to $500; (3) for a subsequent offence, to a fine of $500 to $1,000. RCG /4

5 CHAPTER VIII OTHER PROVISIONS 15. In the case of a discrepancy between a provision of this by-law and any other applicable by-law provision, the provision of this by-law prevails. 16. This by-law replaces the By-law concerning parks (R.B.C.M., c. P-3) with respect to parks. The public notice relating to this by-law was posted at city hall and published in The Gazette on September 7, RCG /5