TOWN OF VIEW ROYAL BYLAW NO. 87 A BYLAW ESTABLISHING REGULATIONS COVERING TOWN OF VIEW ROYAL PARKS
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1 TOWN OF VIEW ROYAL BYLAW NO. 87 A BYLAW ESTABLISHING REGULATIONS COVERING TOWN OF VIEW ROYAL PARKS The Council of the Town of View Royal in open meeting assembled, HEREBY ENACTS AS FOLLOWS: INTERPRETATION 1. In this Bylaw: Bylaw Enforcement Officer means a person appointed as such by the Council. Clerk Administrator means the person appointed as such by the Council. Commission means the Parks and Recreation Commission of the Town of View Royal, established by bylaw. Council means the elected Council of the Town of View Royal. Municipality means the Town of View Royal. Natural Park Feature means any tree, shrub, herb, flower, wild flower, grass, turf or plant of any kind; soil, sand, silt, gravel, rock, mineral, wood, fallen timer or other park material. Park means a Park owned or operated by the Municipality. Park Permit means a permit issued under this Bylaw. Picnic Area means an area within a Park designated as a Picnic Area by the Commission and so marked by signs. Special Event means any event or activity conducted within a Park which attracts or is intended to attract participants or spectators, and, for greater certainty, includes a festival, sport competition, tournament, group picnic, rowing regatta, horse show or dog show. Traffic Control Device has the same meaning as defined in the Motor Vehicle Act. wildlife means any wild animal. RESPONSIBILITY AND AUTHORITY 2. The management, maintenance, operation and use of Parks and trails is the responsibility of the Commission. 3. The Clerk Administrator is authorized to administer and enforce this Bylaw.
2 4. A Bylaw Enforcement Officer may order any person who. In his opinion, behaves in contravention of this Bylaw to leave any park, immediately or within a period specified by the Bylaw Enforcement Officer, and a person ordered to leave under this Section shall comply with the order of the Bylaw Enforcement Officer and leave the Park, trail, building or structure immediately or within the specified period. 5. Peace Officers, Animal Control Officers and Bylaw Enforcement Officers are authorized to enforce this Bylaw in the course of their duties. PENALTY 6. Any person who contravenes the provisions of this Bylaw commits an offence and, on summary conviction, is liable to a fine of not less than FIFTY ($50.00) DOLLARS and not more than TWO THOUSAND ($2,000.00) DOLLARS. Page two PUBLIC CONDUCT 7. No person shall obstruct or interfere with any person or traffic lawfully using a Park. 8. No person shall conduct himself or herself in a disorderly or offensive manner in a Park. 9. No person, while in a Park, shall make or cause noises or sounds which disturb or tend to disturb the quiet, peace, enjoyment, and comfort of persons in the vicinity, including the playing of radios, tape players, compact disc players or similar devices. 10. (1) No person other than a concessionaire-lessee, or person acting under the authority of a Park Permit issued by the Clerk Administrator, shall enter upon or otherwise remain within any Park for any purpose whatsoever between the hours specifically posted as curfew hours at the entrance to the particular Park or, where no hours are posted, between the hours of 11:00 p.m. to 5:00 a.m. (2) Those persons possessing a Park Permit shall be allowed to remain during curfew and use parklands and facilities as specified in their permit, after which time they shall leave the Park or trail without any appreciable delay. 11. The Clerk Administrator may cause signs or other devices, designating the limits of areas within which specific activities may be practised or are prohibited, to be erected in any park. 12. Every person within the boundaries of any Park shall observe and obey every statute, bylaw, regulation and policy, and every prohibition or restriction announced by sign or other device applicable to that Park. PRESERVATION OF NATURAL FEATURES, WILDLIFE AND PARK FACILITIES 13. No person shall remove, destroy or willfully damage any Natural Park Feature, Park facility, structure or sign, or in any way foul or pollute any fountain, lake, stream, pond, watercourse or any Park property whatsoever.
3 14. No person shall remove, destroy or damage any notices, rules or regulations posted in a Park by the authority of the Commission or Clerk Administrator. 15. No person shall molest, disturb, frighten, injure, kill, catch, trap or snare any bird, animal or other wildlife in a Park. 16. (1) No person shall deposit any garbage, sewage, refuse, empty or broken bottles, tin cans, paper or other waste material in a Park, except on receptacles provided for such purposes. (2) No person shall carry, transport or deposit any domestic, commercial or industrial waste, refuse or garbage of any kind into or upon any Park or deposit it into Park waste receptacles. 17. No person shall light or keep lit any fire in a Park, except in designated areas or where authorized by the Clerk Administrator in writing or by permit. 18. No person shall throw or place upon the ground any lighted match, cigar, cigarette or other burning material in a Park. 19. No person shall cut down any tree(s) or other vegetation or carry out any logging operation or facilitate such operation in a Park, except where authorized by the Clerk Administrator. 20. No person shall ride any bicycle in a Park, except on public roads and trails designated for such use. 21. No person shall conduct orienteering activities off any trails in a Park, except in designated areas or where authorized by the Clerk Administrator in writing or by permit. Page three ANIMALS IN PARKS 22. No person shall ride, walk or drive a horse in a Park. 23. No person, being the owner or person in control of a dog or other animal, shall permit the dog or animal to be on beaches and picnic areas in a park between June 1 and September No person shall permit any animal owned by him or under his care and control to graze or roam at large in a Park. 25. A person having custody of an animal in a Park shall exercise control over the animal to ensure that the animal causes no annoyance or injury to any person or wildlife and no damage to any property whatsoever.
4 26. (1) A Bylaw Enforcement Officer may require the owner or custodian of any animal to restrain or remove the animal from a Park; (2) No person shall disobey an order of a Bylaw Enforcement Officer under this Section. 27. (1) The Commission may designate with signs any area or areas within any Park, in which the presence of dogs, horses or other animals is prohibited; (2) No person shall take into or have under his charge a prohibited animal in a prohibited area designated under this Section. FIREARMS AND HUNTING 28. No person, except a Peace Officer, shall discharge any firearm, bow or crossbow in a Park. VEHICLES AND MOTORIZED TRAFFIC 29. No person shall drive or propel or permit to be driven or propelled any type of motorized vehicle, except on public roadways or parking lots, in a Park. 30. (1) No person shall park or permit to be parked a motorized vehicle except in parking lots in a Park; (2) Vehicles parked in areas specifically signed as No Parking Tow Away Zone and vehicles left unattended for more than FORTY-EIGHT (48) HOURS may be towed away at the owner s expense, to the location specified in the sign. 31. No person shall use a Park for overnight accommodation in a tent, car, camper or in any other manner. 32. If, in the opinion of the Commission, it is necessary for public safety and convenience, the Commission may cause the erection of appropriate signs closing any road or roads or other areas within a Park to public use, and may limit the speed at which vehicles may be operated on any road within a Park. 33. The Commission may cause one or more traffic control devices to be erected in any Park or trail. FEES 34. The fees prescribed in Schedule A are hereby authorized to be charged and collected by the Clerk Administrator where required by this Bylaw. COMMERCIAL SERVICES, ACTIVITIES OR DEMONSTRATIONS 35. No person shall sell, expose or display for sale any goods or materials including refreshments; or in a Park, except where authorized by the Commission in writing or by permit, conduct any business.
5 Page four 36. No person shall post, paint or distribute any advertisement, sign, placard or handbill of any kind whatsoever in a Park, except where authorized by the Commission in writing or by permit. 37. No person shall operate or station any commercial vehicle or any vehicle displaying advertising or equipped with a public address system in any Park for the purpose of advertising, demonstration, or attracting attention, except where authorized by the Commission in writing or by permit. CONDITIONS PRECEDENT 38. Authority in writing or a permit to carry on commercial services, activities or events in a Park shall not be granted unless the following conditions are met: (c) (d) (e) (f) (g) The service, activity or event is compatible with other park and recreation uses permitted by this Bylaw or by the Commission; The service, activity or event is compatible and is not able to be operated effectively outside the Park boundaries; The business has demonstrated previous, successful operation and has a proven record and credentials for safety and insurance; All business licences and standards required by the Municipality are up to date; A minimum of environmental impact will result from the use alone or in combination with other uses; The location used is selected with a sensitivity to the Park s recourses and the experience of other Park visitors; No facilities, permanent or temporary are associated with the service or activity. 39. Competitions will be considered as special events, including competitions held by commercial businesses and non-profit groups and organizations, and they are subject to the policies in Section If Park rules are not respected, or disorderly or destructive conduct occurs, the Commission has the right to deny any commercial business, non-profit group or organization, or any person the use of a Park at subsequent request. PARK PERMITS 41. No person shall conduct or carry on any special event, activity or demonstration, or remain within any Park during curfew hours to do anything of a similar nature in any Park, except where authorized by the Commission in writing or by permit issued by the Clerk Administrator. 42. No person shall build, or place any temporary structure in a Park, except where authorized by the Clerk Administrator.
6 43. No person shall build or place any permanent structure in a Park, except where authorized by the Clerk Administrator. 44. The Clerk Administrator may issue a permit to a person for an activity or event for which a permit is requires under this Bylaw, if the conditions in Section 38 are met, and the fee and deposits prescribed by Schedule A of this Bylaw have been paid. 45. The Clerk Administrator may: refuse to issue a permit to a person who has previously contravened this Bylaw, and revoke a permit if the authorized activity or event is being conducted in a manner which contravenes this Bylaw and if a permit is revoked, the permit fee shall not be refunded. Page five 46. The holder of a permit is solely responsible for the conduct of the activity or event authorized by the permit and neither the Town of View Royal, the Commission nor any of its officers, employees, officials, agents, servants, or representatives accepts or assumes any responsibility for any claims, actions, costs, expenses or demands in respect to death, injury, loss or damage to persons or to property, howsoever caused, arising out of or in connection with an activity or event for which a permit has been issued. RESPONSIBILTIY OF PERMIT HOLDERS 47. Permit holders, including officials of clubs and organizations, are required as follows: (c) (d) (e) To control the action of their team members, fans, and others at their games and events in respect to protecting trees, shrubs and litter containers. No liquor shall be consumed without the required permit. To see that litter is placed in containers (inside and outside dressing room areas). To leave washrooms in reasonable condition, floors should be swept of loose mud, and other debris and, litter. To turn off lights, lock doors and gates, and to check security of the area, before leaving. To stop throwing and kicking of balls within the buildings, or using the building as a back stop. REPEAL 48. Capital Regional District Bylaw No is hereby repealed. TITLE
7 49. This Bylaw may be cited for all purposes as Town of View Royal Parks Regulation Bylaw No. 87, 1991 READ A FIRST TIME THIS 4 DAY OF JUNE, 1991 READ A SECOND TIME THIS 4 DAY OF JUNE, 1991 READ A THIRD TIME THIS 18 DAY OF JUNE,1991 RECONSIDERED, FINALLY PASSED AND ADOPTED BY COUNCIL, SIGNED BY THE MAYOR AND THE CLERK AND SEALED WITH THE SEAL OF THE TOWN OF VIEW ROYAL THIS 2 ND DAY OF JULY, D.A. Christensen Clerk W.E. Camden Mayor I hereby certify the above to be a true and correct copy of TOWN OF VIEW ROYAL PARKS REGULATION BYLAW NO. 87, 1991 as adopted by Council of the Town of View Royal on the 2 nd day of July, 1991 D.A. Christensen D.A. Christensen, Municipal Clerk
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