City of Delta COUNCIL REPORT Regular Meeting

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1 City of Delta COUNCIL REPORT Regular Meeting E.06 To: Mayor and Council File No.: /LH From: Parks, Recreation & Culture Department Date: April 16, 2018 "Bylaw No(s):" 7752,2018 Delta Harbour Regulation Bylaw No. 6990,2012, Amendment Bylaw No. 7752, 2018 The following report has been reviewed and endorsed by the Acting City Manager. RECOMMENDATION: THAT Delta Harbour Regulation Bylaw No. 6990,2012, Amendment Bylaw No. 7752, 2018, be given first, second and third readings (Attachment A). PURPOSE: To amend Delta Harbour Regulation Bylaw No. 6990, 2012 by replacing Schedule B with a new fee schedule for the years 2019 to BACKGROUND: Delta Harbour Regulation Bylaw No. 6990, 2012, was adopted by Council on August 13, A fee schedule for operations at Ladner Harbour (Harbour) was established within the bylaw. An Amendment Bylaw No. 7349, 2014 was adopted in November 2014, to increase the fees for 2015 to 2017 (Attachment B). A new fee schedule is required for the period 2019 to 2021, along with updates to Part 3 Definitions to change reference to Municipality to City and Wharfinger to Harbour Master. Council Policy: Council approves all bylaws. DISCUSSION: The most recent fee schedule for the Harbour was valid from 2015 to Current fees remain the same as those applied in The Ladner Harbour Fishers' Committee reviewed and supported the 2019 to 2021 fee schedule on January 24, 2018 at its regular meeting. Proposed fee increases will ensure that the Harbour is not undercutting local businesses, but will continue to keep the Harbour working as a viable fishing harbour. If approved, notice of the increase in

2 Page 2 of 2 Delta Harbour Regulation Bylaw No. 6990, 2012, Amendment Bylaw No. 7752, /LH April 16, 2018 fees for the period 2019 to 2021, will be provided to individuals that moor their boats at the Harbour. Electrical charges at the Harbour have been increasing over the past few years, but are lower than cost for this area. A proposed 15% increase for electrical charges will take effect in January In addition, a nominal increase for moorage, lockers and administration fees are included. The Harbour has installed electrical meters on Dock C that moors the larger fishing vessels so that the Harbour Master can monitor the electrical consumption of these vessels. Implications: Financial Implications - The 2019 to 2021 fee schedule will generate revenue for the Ladner Harbour Authority, and offset operational costs. II CONCLUSION: Delta Harbour Regulation Bylaw No. 6990, 2012, Amendment Bylaw No. 7752, 2018 meets the consideration and principles established by the Ladner Harbour Authority, the Ladner Harbour Fishers' Committee and Fisheries and Oceans Canada Small Craft Harbours. Ken Kuntz Director of Parks Recreation & Culture Department submission prepared by: Tricia Forrester, Recreation Complex Facility Manager TF/cd/dlc/sl This report has been prepared in consultation with the following listed department. Department Name Signature Finance Karl Preuss II ATTACHMENTS: A. Delta Harbour Regulation Bylaw No. 6990, 2012, Amendment Bylaw No. 7752, 2018 B. Delta Harbour Regulation Bylaw No. 6990, 2012, Amendment Bylaw No. 7349, 2014

3 Attachment A Page 1 of 2 CITY OF DELTA BYLAW NO 7752, 2018 A Bylaw to Amend "Delta Harbour Regulation Bylaw No. 6990,2012" The Municipal Council of the City of Delta in open meeting Assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Delta Harbour Regulation Bylaw No. 6990, 2012 Amendment Bylaw No. 7752, 2018". 2. "Delta Harbour Regulation Bylaw No. 6990, 2012" is hereby amended by deleting Schedule "B" and replacing it with "Schedule B" attached hereto and forming part of this Bylaw. 3. By updating "Part 3 Definitions" of the Bylaw as follows: a) Replacing reference to "Municipality" with "City" b) Replacing reference to "Wharfinger" with "Harbour Master" READ A FI RST time the READ A SECOND time the READ A THIRD time the day of day of day of Lois E. Jackson Mayor Robyn Anderson City Clerk

4 Attachment A Page 2 of 2 Ladner Harbour Authority SCHEDULE B FEES 2019 to 2021 FEE TYPE Commercial Fishing Vessel Moorage Pleasure Craft Vessel Moorage Net Shed Locker Net Shed Locker (Grandfathered rate if originally rented prior to Dec 31,2010) Net Shed Compound Storage Administration Commercial Fishing Vessel Administration Pleasure Craft Vessel Electrical - 20 Amp Electrical - 30 Amp Water Pump-Out Overdue Account Interest Wharfhead Usage ANNUAL $5.50/ft * $3.60/sq ft ** $2.73/sq ft ** $1.78/sq ft ** MONTHLY Payable on the first day of the calendar month $0.55/ft $6.25/ft $ * $27.00 $35.00 $ * Oct 1- Apr 30 $88.50 May 1- Sept 30 $71.00 $1, * Oct i-apr 30 $ May 1- Sept 30 $ minutes or less minutes minutes (up to 2 hours) minutes (up to 4 hours) minutes (up to 6 hours) minutes (up to 8 hours) Up to 24 hours DAILY $0.03/ft $0.26/ft $3.75 $0.85/ft $4.50 $6.50 $50.00 per hour 24% per annum $10.00 $35.00 $60.00 $ $ $ $ *Payable by January 31 of the calendar year **Payable in advance by October 31 of previous calendar year

5 Page 1 of 13 THE CORPORATION OF DELTA "Delta Harbour Regulation Bylaw No. 6990, 2012" A consolidation of "Delta Harbour Regulation Bylaw No. 6990, 2012" incorporating amendments pursuant to Bylaw No (Schedule B) December 15,2014 THIS CONSOLIDATION IS FOR CONVENIENCE AND REFERENCE PURPOSES ONLY. If there is any discrepancy between this consolidation and the original Bylaw and any amending Bylaws, the original Bylaw No and any amending Bylaws are correct. For confirmation of the exact terms of the Bylaw, you must consult the original Bylaw and the amending Bylaws. Print December 16, 2014

6 Page 2 of 13 THE CORPORATION OF DELTA BYLAW 6990 The Municipal Council of The Corporation of Delta, in open meeting assembled, ENACTS AS FOLLOWS: PART 1 CITATION 1.1. This Bylaw may be cited as "Delta Harbour Regulation Bylaw No. 6990, 2012". PART 2 INTERPRETATION AND AUTHORITIES Successorship of Delegated Authority 2.1. Words in the Bylaw directing or empowering any officer or employee of the Municipality to do any act or thing, or otherwise applying by name of office, includes successors in such office and any lawful deputy, and anyone who is duly appointed to act in that office or the employee's place. References to Enactments 2.2. A reference to a statute in this bylaw refers to a statute of the Province of British Columbia unless otherwise indicated, and a reference to any statute, regulation code, or bylaw refers to that enactment as it may be amended or replaced from time to time Except as otherwise indicated in this bylaw; words and phrases herein are to be construed in accordance with their meanings in the Community Charter and the Interpretation Act, as the context and circumstances require. Applicability 2.4. This Bylaw applies to the Delta Ladner Harbour Boat Basin and the Ladner Wharf, as outlined in black in Schedule A hereto, each of which is managed by the Municipality pursuant to leases with the Ministry of Fisheries and Oceans and Port Metro Vancouver, respectively. Severability 2.5. If any portion of this Bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this Bylaw is deemed to have been adopted without the severed portion.

7 Page 3 of 13 PART 3 DEFINITIONS 3.1. In this Bylaw, unless otherwise specified: Administrator Bylaw Enforcement Officer Commercial Fishing Vessel means the employee appointed by the Municipality from time to time, or his or her designate. means any employee appointed to enforce the provisions of this Bylaw and includes a Bylaw Inspector. means a Vessel that has an: valid commercial fishing licence issued by the Minister of Fisheries and Oceans; or valid communal commercial fishing licence issued to a First Nation organization by the Minister of Fisheries and Oceans. Harbour Moor Moorage Moorage Agreement Moorage Fees Municipality Overnight Peace Officer means all leased areas at the Delta Ladner Harbour Boat Basin and the Ladner Wharf as outlined in black in Schedule A including the wharves, floats, docks, and structures. means to secure a Vessel by the means of lines, cables, or anchors. means the presence by a Vessel at the Harbour by Mooring. means the contractual terms granting Moorage to a Vessel. means the fees as outlined in Schedule B. means The Corporation of Delta. means the time period between dusk of the first day and dawn of the following day. means an officer, municipal constable, Chief Constable, special municipal constable, or special provincial constable, all of which are defined in the Police Act.

8 Page 4 of 13 Person Vessel Wharf Wharf Abutment Wharfhead Wharfinger means an owner or operator of a Vessel or anyone in charge of a Vessel or anyone attending at the Harbour. means a motorized or non-motorized boat, canoe, dinghy, kayak, zodiac, float house, watercraft, logs, or any structure that floats, or used to float or is used or was used for navigation. means a structure built as a place to Moor a Vessel. means the extension of asphalt or other material that bridges a Wharf to the mainland or foreshore. means the designated loading area for Vessels at the Delta Ladner Harbour Boat Basin. means the individual or individuals retained by the Municipality to manage the day to day operations of the Harbour. PART 4 AUTHORITY 4.1 The Municipality may, by resolution, enter into an agreement with an individual or individuals to manage and supervise the Harbour, which individual(s) shall be the Wharfinger(s). 4.2 Any Person using the Harbour does so at their own risk and is solely responsible for any losses, injuries, claims or actions which may result to them or their property or Vessel. 4.3 The Municipality will issue invoices for services, the fees for which are described in Schedule B and such invoices must be paid prior to the delivery of the services. 4.4 All Moorage Fees are based on the length of the Vessel including any equipment that extends from the bow and/or stern. The decision of the Wharfinger regarding the length of the Vessel is conclusive. Administrator's Orders 4.5 The Administrator may order the placement, erection, and maintenance of signage at the Harbour as he or she deems necessary. 4.6 Any order of the Administrator shall be issued in written form, dated, and signed by the Administrator.

9 Page 5 of The Administrator may rescind, revoke, amend or vary any order concerning signage where the Administrator considers the conditions which gave rise to the need for the order have been rectified or otherwise removed. 4.8 In accordance with this Bylaw and the Delta Sign Bylaw No. 5860, 2000, as amended or replaced from time to time, the Administrator may order the alteration, repainting, tearing down, or removal and disposal of any unauthorized sign or guide-post that has been erected or maintained. No compensation shall be paid for loss or damages related to the lawful exercise of this authority. 4.9 The Administrator shall prescribe the terms and conditions of the Moorage Agreement and at any time may amend or vary the Moorage Agreement. PART 5 GENERAL REGULATIONS Moorage 5.1 Permission to Moor a Vessel is subject to the Person and Vessel complying with this Bylaw and the terms and conditions of the Moorage Agreement, regardless of whether a Moorage Agreement has been signed by the Person. A copy of the Moorage Agreement is available from the Wharfinger and includes an obligation to carry liability insurance on the Vessel for a prescribed minimum amount of 2 million dollars. 5.2 While at the Harbour no Person shall: a) Moor any Vessel Overnight without prior written permission from the Wharfinger and without completion of a Moorage Agreement; b) Moor a Vessel for longer than 3 hours without prior written permission from the Wharfinger or Administrator; c) Moor a Vessel unless the Vessel name, registration or licence number, and emergency contact name and telephone number are clearly posted on the Vessel; d) remove a Vessel from the Harbour unless all fees, including Moorage Fees, have been paid in full and should the Vessel leave without paying all fees, the Person agrees that the Municipality has not parted with possession of the Vessel and it retains a lien against the Vessel for all outstanding amounts; e) permit the lines, cables, or anchors of a Vessel that is Moored at the Harbour to be made fast to anything other than the facilities provided for a Vessel to Moor; or

10 Page 6 of 13 Parking f) permit the lines, cables, or anchors to lie across any Wharf in such a manner as to obstruct or interfere with any other Person, Vessel, or vehicle. 5.3 Subject to the direction of the Wharfinger no Person shall at the Harbour: Conduct a) park or leave standing any vehicle on a Wharf Abutment or on a Wharf except for the temporary purpose of loading or unloading; b) park or leave a boat trailer Overnight without prior written permission from the Wharfinger or Administrator; or c) park or leave standing a Vehicle contrary to signage. 5.4 While at the Harbour, no Person shall: a) leave gear, equipment, small boats or any other type of material or objects on Harbour property, including the Wharf, without prior written authorization by the Wharfinger; b) repair or perform maintenance work to a Vessel without prior written authorization from the Wharfinger and only on the terms and for the time period permitted by the Wharfinger; c) remove, damage, or destroy any posted notice or signage; d) obstruct or impede in any way the docking or undocking of any Vessel without prior written authorization from the Wharfinger; e) sell fish, goods, or other services without prior written permission from the Municipality; f) stay aboard a Vessel more than one night in any seven day period; or g) fail to comply with directions from the Wharfinger or Administrator. Waste and Fuel Management 5.5 While at the Harbour no Person shall: a) discharge waste, bilge oil, or hazardous material into the water;

11 Page 7 of 13 Safety b) supply to, receive into, or discharge from a Vessel or vehicle any gasoline, oil, or other fuel; c) dispose of garbage, sewage or other similar waste except in a place specifically provided for that purpose or as directed by the Wharfinger; or d) clean fish at the Harbour or dispose of fish parts or offal into the water. 5.6 While at the Harbour, no Person shall: a) use a wood-burning stove or permit any open fire on board a Vessel; b) permit goods or articles to fall into the water; c) permit the escape of electrical currents from a Vessel; or d) permit a Vessel to list. PART 6 ENTRY, COST RECOVERY, AND FEES 6.1 Entry a) The Wharfinger is hereby empowered to move or direct to be moved, any Vessel from one location at the Harbour to another location at the Harbour, whenever and for whatever purpose he or she deems necessary. b) Any Peace Officer, Bylaw Enforcement Officer, or the Wharfinger may enter, in accordance with Section 16 of the Community Charter, upon any property or Vessel subject to this Bylaw in order to inspect and determine whether all regulations, restrictions and requirements are being met by every Person and Vessel at the Harbour. 6.2 Remedy and Cost Recovery for Default Where in this Bylaw any activity, matter or thing is required to be done by any Person or Vessel, or is done though prohibited, and in default of it being done or remedied by such Person or Vessel, such activity, matter or thing may be done or remedied by the Municipality at the expense of the Person or Vessel in default, and the expense may be recovered from the Person or Vessel as a debt owing to the Municipality.

12 Page 8 of Fees The Municipality hereby establishes fees to use the Harbour and for services which fees are set forth in Schedule B hereto. The user of the services and the Vessel involved are jointly and severally liable for the fees. If the Person is not the registered or beneficial owner of the Vessel, the Person represents that he or she has the authority of the registered or beneficial owner to incur these liabilities on behalf of the Vessel. a) A Commercial Fishing Vessel Moorage Fee is charged for Moorage of a Commercial Fishing Vessel per day, per month or per annum. The per annum rate is charged if payment is received by the Municipality in full by January 31 in the calendar year. b) A Vessel Moorage Fee is charged for Moorage of a Non-Commercial Fishing Vessel per day or per month. c) A net shed locker fee is charged for use of inside storage space as assigned by the Wharfinger. d) A net shed compound storage fee is charged for use of outside storage space as assigned by the Wharfinger. e) An administration fee is charged for processing each Moorage Agreement invoice. f) An electrical fee is charged for electrical services. g) A security lighting fee is charged to every Vessel to recover operating costs for security lighting. h) A water pump-out fee is charged to a Vessel for use of a pump owned by the Municipality to remove water from the Vessel. i) An overdue account interest fee is charged on an outstanding account of 60 days or more. j) A Wharfhead usage fee is charged to any Vessel using the Wharfhead that does not have a signed Moorage Agreement prior to using the Wharfhead.

13 Page 9 of 13 PART 7 ENFORCEMENT AND PENAL TV Fines and Penalties 7.1 Any Person or Vessel that: a) contravenes, violates or fails to comply with any provision of this Bylaw; b) suffers or allows any act or thing to be done in contravention of this Bylaw; or c) fails or neglects to do anything required to be done under this Bylaw. commits an offence and upon conviction shall be liable to a fine of not more than Ten Thousand ($10,000.00) Dollars, and where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence, each subject to a fine of not more than Ten Thousand ($10,000) Dollars. 7.2 This Bylaw may be enforced: a) by a Peace Officer or Bylaw Enforcement Officer; b) by means of a ticket in the form prescribed for the purpose under the Community Charter, and fines imposed for offences under Municipal Ticketing Information Bylaw No.6639, 2007, as amended; c) by proceedings brought under the Offence Act; d) by means of a bylaw notice as authorized by the Local Government Bylaw Notice Enforcement Act and fines imposed for offences under Delta Bylaw Notice Enforcement Bylaw No. 7009,2011, as amended; or e) as against a Vessel, by means of seeking an order for the sale of the Vessel in the Supreme Court of British Columbia or the Federal Court of Canada, and the cost of all such actions shall be at the expense of the Person and Vessel on a solicitor and own client basis. Identification 7.3 While at the Harbour: a) every Person who is or claims to be in control of a Vessel shall, at the request of a Peace Officer or Bylaw Enforcement Officer, state correctly his or her name and address and the name and address of the owner of the Vessel.

14 Page 10 of 13 Dispute Resolution 7.4 A Peace Officer or Bylaw Enforcement Officer may refer any disputed Bylaw Notice to an Adjudication Hearing or refer any Municipal Ticket Information to Provincial Court and may represent the Municipality in any related proceedings. No Duty of Care 7.5 Neither failure to enforce this Bylaw, nor any error, omission, nor other neglect in relation to this Bylaw, shall be interpreted as giving rise to a cause of action in favour of any Person. READ A FIRST time the 30 th day of July, READ A SECOND time the 30 th day of July, READ A THIRD time the 30 th day of July, FINALLY CONSIDERED AND ADOPTED the 13 th day of August, "Lois E. Jackson" Lois E. Jackson Mayor "Angila Bains" Angila Bains Municipal Clerk

15 Page 11 of 13 Schedule A Figure 1: Delta Ladner Harbour Boat Basin 4850 McNeely's Way Delta, Be

16 Page 12 of 13 Schedule A Figure 2: Ladner Wharf 5000 Elliott Street Delta, Be

17 Amend BL 7349,2014 Attachment B Page 13 of 13 Fee Type Ladner Harbour Authority Schedule B Fees Annual Monthly Payable on the 1 sl day of the calendar month Daily Commercial Fishing Vessel Moorage $5.471ft* Quarterly $1.37 $0.55/ft $0.03/ft Pleasure Craft Vessel Moorage $6.00/ft $0.21/ft Net Shed Locker After Jan 1, 2011 $3.56/sq ft** Net Shed Locker Grandfathered rate if originally rented prior to Dec 31, 2010 $2.73/sq ft** Net Shed Compound Storage $1.78/sq ft** Administration Commercial Fishing Vessel $213.61* Quarterly $53.40 $26.08 $3.66 Administration Non-Commercial Fishing Vessel $32.91 $0.83/ft Electrical - 20 Amp $587.33* Oct 1-Apr 30 May 1-Sep 30 $68.30 $54.64 $4.10 Electrical - 30 Amp $881.00* Oct 1-Apr 30 May 1-Sep 30 $ $81.96 $6.16 Water Pump-Out $50.00 per hour Overdue Account Interest Wharfhead Usage 24% per annum 15 minutes or less $10.00 :i~-:~9: ~I6~t~~::::::::::::::::::::::::::::::::::::::::::::::::::::: minutes (up to 2 hours) $ minutes (up to 4 hours) $ minutes (up to 6 hours) $ minutes (up to 8 hours) $ *Payable by January 31 of the calendar year **Payable by November 30 of the calendar year Up to 24 hours $400.00

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