THE CORPORATION OF THE CITY OF PORT COQUITLAM

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Transcription:

THE CORPORATION OF THE CITY OF PORT COQUITLAM BYLAW NO. A Bylaw to regulate, govern, and manage the Nature Area of the City. WHEREAS certain property owned by The Corporation of the City of Port Coquitlam was dedicated as Nature Area pursuant to the provisions of the following Bylaws: (a) "Nature Area Dedication Bylaw, 1972, No. 1214" "Nature Area Dedication Bylaw, 1973, No. 1281" (c) "Nature Area Dedication Bylaw, 1975, No. 1393" AND WHEREAS the property so dedicated was, pursuant to the provisions of the "Nature Area Subdivision Authorization Bylaw, 1975, No. 1397" consolidated by subdivision and now has the legal description of Lot 325 of the Northwest Quarter Section 6 and the Southeast Quarter and Southwest Quarter of Section 7 of Township 40, Plan 49145, New Westminster District; AND WHEREAS it is necessary to define by Bylaw the measures to be taken and restrictions to be imposed in order that the Nature Area may be maintained in its natural state insofar as it is possible so to do; NOW THEREFORE the Municipal Council of the Corporation of the City of Port Coquitlam, in open meeting assembled, enacts as follows: 1. In this Bylaw, unless the context otherwise requires, the following expressions shall have the meanings hereinafter assigned to them, that is to say: (a) "City" means the Municipal area comprised within the boundaries of the Corporation of the City of Port Coquitlam, or The Corporation of the City of Port Coquitlam, as the context may require. "City Engineer" shall mean the City Engineer appointed from time to time by the Council and shall include his lawful deputy. (c) "Council" means the Municipal Council of The Corporation of the City of Port Coquitlam. (d) "Director" shall mean the Recreation Director appointed from time to time by the Municipal Council and shall include his lawful deputy. 1

(e) (f) Landscaped Area shall mean a portion of the Nature Area that has been physically altered in appearance and maintained by persons in such a way that does not conform to the natural state of the Nature Area. "Nature Area" shall mean lot 325 of the Northwest Quarter of Section 6 and the Southeast Quarter and Southwest Quarter of Section 7 of Township 40, Plan 49145, New Westminster District. 2. (a) The Nature Area shall be maintained in its natural state insofar as it is possible so to do and except for the purpose of advancing its use as a Nature Area no development work of any kind whatsoever shall take place therein. Notwithstanding the provisions of Clause (a) of this Section all that real property shown coloured red on the Plan of Right-of-Way for Interceptor Ditch through portions of the Northwest Quarter of Section 6 and the South half of Section 7, Township 40, New Westminster District, numbered 19248 and deposited in the Land Registry Office at New Westminster, B.C. on September 3rd, 1958, or shown by dashed lines on the said Plan of Right-of-Way to be an extension or connection of the said portions coloured red through the roads and lanes existing at the time of deposit may, in addition to the purpose specified in Clause (a) of this Section continue to be used as an Interceptor Ditch and as part of the drainage system of the City or of any drainage or dyking district that may now exist or may hereafter be established and any works necessary to improve, extend, alter, repair or maintain such use is herewith authorized accordingly. 3. No person while within the Nature Area shall: (a) (c) (d) (e) (f) Throw or leave any paper, cardboard, food refuse or ruins, plant material or compost, bottles or glass, or any matter of any kind likely to prove offensive, injurious, or unsightly. All such matter shall be carried away from the Nature Area for disposal by the person having such matter in his possession. Carry or discharge of any firearm, fireworks, air gun, sling shot, catapult, bows and arrows, or other weapon or dangerous toy. Throw or cast any stone or other missile. Cut, break, bend or in any way injure or deface any turf, tree, shrub, hedge, plant or park ornament. Climb any tree. Climb upon, deface or in any way damage any fence, gate, sign, seat, bench, exhibit, cage or any ornament. 2

(g) (h) (i) (j) Start any fire or permit any person under his control to start any fire. Permit any livestock or any domestic animal to run at large - provided further than any dog while in the Nature Area shall be on a leash and under the immediate charge and control of some competent and responsible person. Distribute any handbills or circulars nor post, place, or display any placard, notice, paper, advertising device, or publicity matter of any kind except such notices as are erected by City Departments dealing with recreation, public health or park safety. Tease, molest, or injure any mammal, bird, or fish, nor throw any substance at or near such creatures in such a way as to cause them alarm or possible injury. 4. No person shall offer for sale within the Nature Area any article of food, drink or merchandise or carry on any business therein. 5. No person within the Nature Area shall use any blasphemous, obscene or vulgar language nor conduct himself in a disorderly or inoffensive manner or molest or injure any other person or loiter or take up a temporary abode within the Nature Area or obstruct the free use and enjoyment of the Nature Area by any other person. 6. No person shall erect, build or locate nor permit the erection, building, or locating in the Nature Area of any trailer, shelter or other building, or any tent or other shelter except buildings and shelters which are authorized by Council and which advance the use of the land as a Nature Area. 7. (a) No person shall dig in the earth of the Nature Area, nor remove any tree or any rock, or any other matter that is fixed or growing within the Nature Area. No person shall install or maintain a lawn or landscaped area within the Nature Area. 8. No procession, march, drill, parade, political or religious gathering or other public meeting shall be held in the Nature Area. 9. No person shall swim, bathe, or wade in any lake, stream, pool or pond within the Nature Area. 10. No person shall play any game or engage in any sports contest within the Nature Area. 11. No person except the authorized agents, servants or employees of the City shall plant trees or shrubs in the Nature Area. 12. No person shall ride or drive a horse, or other animal or drive or propel or permit to be driven or propelled, any vehicle (including trail bikes) or other mode of conveyance anywhere within the Nature Area provided however, that invalid's chairs and children's carriages may be allowed on pedestrian footpaths to such an extent and in such manner as shall not interfere with the free use of such footpaths by pedestrians. 3

13. (a) The Nature Area shall be closed to the use of the public from 11:00 p.m. on each day and shall remain closed until 6:00 a.m. on the following day and no person shall be in or upon the Nature Area during such time. (c) Notwithstanding the provisions of Clause (a) of this section the Council, City Engineer, or Director, may at any time deemed necessary temporarily close the Nature Area or any portion thereof to public use. The "City of Port Coquitlam Parks and Recreation Bylaw, 1972. No. 1146" is amended by adding, following Section 1 thereof, the following as Section 1A: "1A. This Bylaw shall not apply to the Nature Area governed by the provisions of the "Nature Area Regulation Bylaw, 1976, No. " being Lot 325 of the Northwest Quarter of Section 6 and Southeast Quarter and Southwest Quarter of Section 7, of Township 40, Plan 49145, New Westminster District." 14. The provisions of this Bylaw, except Section 2, do not apply to the authorized agents, servant, or employees of the City while working in the Nature Area undertaking any authorized procedure not prohibited by Section 2. 15. Every person who violates any of the provisions of this Bylaw or who permits any act or thing to be done in contravention or in violation of any of the provisions of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this Bylaw, or who does any act which violates any of the provisions of this Bylaw shall be guilty of an offence punishable on summary conviction and shall be liable to a fine of not more than $2,000.00 or to imprisonment for not more than six months, or to both, the penalties being enforced and the fines and costs being recoverable upon summary conviction in the manner provided by the Offence Act R.S.B.C. 1979, c. 305 as amended. 16. This Bylaw may be cited for all purposes as the "Nature Area Regulation Bylaw, 1976, No. ". Read a first time by the Municipal Council this 22nd day of March, 1976. Read a second time by the Municipal Council this 22nd day of March, 1976. Read a third time by the Municipal Council this 22nd day of March, 1976. Reconsidered, finally passed and adopted by the Municipal Council of The Corporation of the City of Port Coquitlam this 5th day of April, 1976. "J.M. Campbell" Mayor "R.A. Freeman" City Clerk 4

RECORD OF AMENDMENT BYLAW NO. AMENDED SECTION DATE 1465 13 1871 14 1990 14, 15, 16 3228 1e, 3a, 7a Sept. 1999 3326 6 Nov. 2001 5