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SUMMER VILLAGE OF ISLAND LAKE SOUTH
BYLAW NO 102-17
BEING A BYLAW TO CONTROL AND REGULATE THE USE OF THE DOCK
BELONGING TO THE SUMMER VILLAGE OF ISLAND LAKE SOUTH.
WHEREAS, THE Council for the Summer Village of Island Lake South may pass bylaws
for Municipal purposes respecting the safety, health, welfare and the protection of people
and property; and
WHEREAS, the council for the summer Village of Island Lake South, for the safety,
enjoyment and protection of the residents and property, wishes to pass a by-law to
regulate and limit the use of the dock provided by the Summer Village for the Summer
Village residents;
NOW THEREFOR, The Municipal Council of the Summer Village of Island Lake South,
in Council, duly assembled, enacts as follows:
1. Definitions
a. "Administrator" means the person appointed as the Administrator for the
Municipality pursuant to The Municipal Government Act.
b. "Council" means the Council of the Summer Village of Island Lake South
c. "Designated officer" means a person appointed by the Municipality to
enforce this Bylaw and shall include the Administrator and a Peace
Officer;
d. "Dock" is the structure used for the purpose of mooring vessel(s) and for
providing pedestrian access to and from moored vessel(s) and can
consist of a single dock, wharf or pier, including walkway and access ramp
and in this case will refer to the dock belonging to The Summer Village of
Island Lake South.
e. "Local authority" shall mean the Summer Village of Island Lake South.
f. "Moor" means to make secure a vessel by attaching it to the shore, to an
anchor or to a dock or other object.
g. "Municipality" means The Summer Village of Island Lake South.
h. "Peace Officer" means a peace officer as defined in The Summary
Offences Procedures Act.
i. "Personal watercraft" is a jet propelled vessel typically ridden in a similar
style as a motorcycle and commonly referred to as a Jet Ski, Sea Doo or
Wave Runner.
j. "Season" shall mean the time period from May 15th to September 15th
inclusive.
k. "Vessel" means every type of boat used or capable of being used solely
or partly for navigation in, on, through or immediately above water, without
regard to method or lack of propulsion.
2. Regulations
a. No person shall moor any vessel or personal watercraft on the dock who
is not a resident or guest of a resident of the Summer Village of Island
Lake South.
b. There will be no overnight mooring on the dock.
c. The dock will be unattended and residents will use at their own risk.
3. Inspections
a. The inspection of property by a designated officer to determine if this
Bylaw is being complied with is hereby authorized.
b. No person shall obstruct a designated officer or a person who is assisting
a designated officer.
c. Any person stopped, detained or otherwise, pursuant to this bylaw shall
be required to give his or her name, date of birth, address and any other
reasonable information on request of the designated officer requesting
the information so long as that person is readily identifiable as a
designated officer and in the lawful execution of his or her duties and
responsibilities.
4. Enforcement of Bylaw
a. The administration and enforcement of this Bylaw is hereby delegated to
a designated officer for the Municipality during the season.
b. Failure to comply with this bylaw shall result in, in addition to any fine
imposed, having the vessel being removed by the Municipality or an
authorized representative of the Municipality, the cost of which shall be
invoice to the owner.
c. The Municipality may recover costs associated with the actions taken in
the enforcement of this bylaw by civil action in court.
d. No person shall
i.)
obstruct or hinder any designated officer or any other person acting
under the authority of this Bylaw: or
ii.)
Fail to comply with any other provision of this Bylaw.
5. Penalties
a. Every person who contravenes any provision of this bylaw is guilty of an
offence and liable on summary conviction:
i)
In the case of a first offence, to a maximum fine of $500.00;
ii)
In the case of a second or any subsequent offence, to a maximum
fine of $1,000.00
6. Notice of Violation
a. Notwithstanding section 5a, a designated officer may issue a notice of
violation to any person committing a first or second offence under this
bylaw.
b. The notice of violation shall require the person to pay to the Municipality
a fine as described in section 5.
c. The amount specified on the notice may be paid by mail, to the Summer
Village of Island Lake South.
d. The imposition of any penalty for violation of this bylaw shall not relieve
the person from complying with this bylaw.
7. Severability
a. If a Court of competent jurisdiction should declare any section of this
bylaw to be invalid, such section or part of a section shall not be construed
as having persuaded or influenced Council to pass the remainder of the
bylaw and it is hereby declared that the remainder of the bylaw shall be
valid and shall remain in force and effect.
8. Coming into Force
a. This bylaw shall come into force and take effect on final passing therof.
READ A FIRST TIME THIS DAY OF A.D. 2017
READ A SECOND TIME THIS DAY OF A.D. 2017
READ A THIRD TIME AND FINALLY PASSED THIS DAY OF A.D. 2017
__________________________ _________________________
MAYOR
ADMINISTRATOR