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SUMMER VILLAGE OF JARVIS BAY
PETRO BEACH BYLAW
BYLAW #203-24
A BYLAW OF THE SUMMER VILLAGE OF JARVIS BAY, IN
THE PROVINCE OF ALBERTA, TO CONTROL THE USE OF
PETRO BEACH PARK.
WHEREAS the Municipal Government Act being Chapter M-26
of the Revised Statutes of Alberta, 2000, Part 2, Section 7 and 8
and amendments thereto, authorizes the Council of a municipality
to pass bylaws pertaining to the protection of people, property,
and transportation systems, and
WHEREAS within the corporate limits of the Summer Village of
Jarvis Bay is a public park named Petro Beach under the
ownership, control, and management of the Summer Village of
Jarvis Bay, and
WHEREAS it is deemed desirable and expedient to provide for
the control and use of this park, and
WHEREAS the Council of the Summer Village of Jarvis Bay
considers it desirable and expedient to do so.
NOW THEREFORE the Council of the Summer Village of Jarvis
Bay, in the Province of Alberta, duly assembled, enacts as
follows:
SECTION 1 - NAME OF BYLAW
This Bylaw shall be known as "The Petro Beach" Bylaw
SECTION 2 - PURPOSE OF THIS BYLAW
The Summer Village of Jarvis Bay wishes to preserve the integrity
of Petro Beach for the future. The purpose of this bylaw is as
follows:
1. To set forth the objectives of Petro Beach;
2. To set forth restrictions on Petro Beach;
3. To outline action which may be taken in cases of
contravention of the Petro Beach bylaw
SECTION 3 - DEFINITIONS
In this Bylaw the following terms (unless the context specifically
requires otherwise) shall have the following meanings:
a) "All Terrain Vehicle" includes a motorized recreational
vehicle commonly known as a quad or trike and is included
in the term "off highway vehicle".
b) "Council" means the Council of the Sumer Village of Jarvis
Bay.
c) "Designated Parking Space" means a parking space
reserved for the use of vehicles either operated by or
conveying a disabled person and bearing a valid placard.
d)
"Fire" means an open-air fire, with or without a spark
arrest, such as fire pits, outdoor fireplaces, barbecue pits,
portable fire receptacles, BBQs, hibachi, or any structure
or container used to burn wood, charcoal, or other
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flammable materials, used for cooking or entertainment
purposes. Fire
does not include propane stoves or propane BBQs
designed for cooking.
e) "Firearms" means any weapon from which any shot, bullet
or other projectile capable of causing bodily injury or death
can be discharged and includes air guns, air rifles, air
pistols, B.B. guns, sling shots, all types of archery
equipment, and gas-powered guns.
f)
"Peace Officer" means a member of the Royal Canadian
Mounted Police, Community Peace Officer, or Bylaw
Enforcement Officer.
g) "Person" means any person, individual, owner, public
body, society, firm, or partnership.
h) "Snow Vehicle" includes a recreational vehicle with motor,
skis and tracks commonly known as a snowmobile or
skidoo and are included in the term "off-highway vehicle".
i)
"Structure" means building, sheds, fences, tree houses,
swings, and similar installations.
j)
"Summer Village" means the Summer Village of Jarvis
Bay.
k)
"Trailer" means a vehicle so designated that it may be
attached to or drawn by a motor vehicle and intended to
transport property or persons and includes any trailer that is
designed, constructed, and equipped as a dwelling,
sleeping, or living place.
l)
"Vehicle" means a motor vehicle as defined in the Alberta
Traffic Safety Act.
SECTION 4 - PARKS- USES
The Summer Village of Jarvis Bay is fortunate to have a rich
resource in Petro Beach. This area is largely undeveloped and
contributes to the quality of natural habitat for birds and small
wildlife and enhances the rural setting of the Village.
1. The objectives of Petro Beach are as follows:
(a) To preserve environmental lake-quality and the natural
rural park setting of the Village.
(b) To provide parkland for day-use by the public at large.
(c)
To provide public access to the lake.
2. Petro Beach may only be used for the following purpose
(a) Public Park;
(b) Public Recreation Area
3. Any development in Petro Beach must be initiated or
approved in writing by Council. "Development" would
include, but not limited to:
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(a) Playground development
(b) Areas for Volleyball, Basketball, outdoor recreational
use;
(c)
Structures or buildings of any kind;
(d) Horseshoe pits;
(e) Any other development in Petro Beach
4. Storage of pier sections and boat lifts will result in their
removal at the owner's expense. Storage of any other
equipment will result in their removal at the owner's expense.
SECTION 5 - PETRO BEACH - RESTRICTIONS
1. Fires are not permitted in Petro Beach under any
circumstances.
2. In Petro Beach no person or persons shall:
(a)
Park any motor vehicle in a designated parking space
without displaying a valid placard;
(b)
Park any motor vehicle overnight;
(c)
Park any vehicle in excess of 18 feet;
(d)
Light a fire, for cooking or entertainment purposes;
(e) Abandon any garbage or refuse of any kind including
animal droppings;
(f)
Interfere with wildlife;
(g)
Have dogs on Petro Beach;
(h)
Behave in a noisy, abusive, or threatening manner
towards others;
(i)
Be in possession of a firearm;
(j)
Erect a structure of any kind;
(k)
Store or leave any device or equipment;
(l)
Use Petro Beach to launch trailered watercraft;
(m)
Use motorized vehicles or ATVs except for specific
Authorized tasks;
(n)
Cut or remove vegetation without Village approval;
Fines are listed in schedule "A"
3. No vehicles, off-highway vehicles or trailers are allowed
beyond the designated parking area at any time except for
the following:
(a) Vehicles, off-highway vehicles, or trailers owned by
utility companies who require access to their
installations for construction, repair, or maintenance
purposes,
(b) Any vehicle, off-highway vehicle or trailer authorized
by Council, or the Administrator of the Summer Village,
may enter any of the parks for the construction,
repair, or maintenance of any structures or for any
community event approved by Council,
(c) Any emergency vehicle such as those used by Police,
fire departments or ambulance services,
(d) Snow vehicles and all-terrain vehicles, used for winter
recreational purposes, as described immediately
below.
In addition:
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(e) Operators of all vehicles and off-highway vehicles shall
be responsible for all damage incurred by operations
of their vehicles in the park.
(f) Off-highway vehicles shall be fitted with a forestry
approved spark arrester and muffler that meet OEM
noise reduction specifications.
4. Winter Uses
Note: Snow vehicles and all terrain are restricted to use only in
winter conditions and then only for the purpose of gaining
access to and from the lake ice and only with conditions of
suitable snow cover to prevent on land environmental damage.
Operators of such vehicles shall avoid climbing embankments
and hills or other sections of Petro Beach that would be
sensitive to damage. They must refrain from using areas
showing previous damage.
SECTION 6 - LIABILITIES
The Summer Village of Jarvis Bay assumes no liability for
personal equipment, or its use by the Owner or the Public.
SECTION 7 - SEVERABILITY
Should any section or part of the Bylaw be found to have been
improperly enacted, then such section or part shall be regarded
as being severable from the rest of this Bylaw and the Bylaw
remaining after such severance shall be effective and
enforceable as if the section found to be improperly enacted had
not been enacted as part of this Bylaw.
SECTION 8 - CONTRAVENTIONS
A Community Peace Officer authorized to enforce this Bylaw
under Section 7 of the Municipal Government Act, R.S.A. 2000,
Chapter M-26, and who has reasonable and probable grounds
to believe that a person has contravened any section of this
Bylaw, may under the authority of this Bylaw issue a Municipal
tag, and where this tag is not paid by the offender, a Part 2
violation tag may be issued under the Provincial Offences
Procedures Act R.S.A., Chapter 2000, P-34, to that person.
Any person who contravenes this section can be charged as
well as assessed the cost of restoration. Any person who
contravenes the provisions of this Bylaw shall be guilty of an
offense and liable on summary conviction to the penalty as set
out in Schedule "A".
In some situations, both the Village and the Provincial
Government may be involved and occasionally the Federal
Government. As a result, penalties can be severe.
Enforcement is by the Municipality and Community Peace
Officers.
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SECTION 9 - EFFECTIVE DATE
Upon 3rd and Final reading, Bylaw 202-24 is hereby repealed.
READ a first time this 3rd day of September 2024.
READ a second time this 3rd day of September 2024.
READ a third time and final time this 3rd day of September 2024.
________________________________
Julie Maplethorpe, Mayor
________________________________
Tanner Evans, CAO
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Schedule "A"
Penalties
Offence
Section
Fine
Park in a designated parking space
with a valid placard
5(2)(a)
$500.00
Unauthorized parking of vehicles
5(2)(b)(c)
$100.00
Light a fire
1st Offence
2nd Offence within 1 year
3rd Offence within 1 year
5(2)(d)
$500.00
$1,000.00
$2,000.00
Abandon garbage or refuse of any
kind including animal droppings
5(2)(e)
$250.00
Interfere with wildlife
5(2)(f)
$100.00
Have a dog on Petro Beach
5(2)(g)
$200.00
Behave in a noisy, abusive, or
threatening manner towards others
5(2)(h)
$100.00
Be in possession of a firearm
5(2)(i)
$250.00
to
$2,500.00
Erect a structure or store items
5(2)(j)(k)
$100.00
(Plus
removal
cost)
Use Petro Beach to launch trailered
watercraft
5(2)(l)
$100.00
Use motorized vehicles or ATVs
except for specific authorized tasks
5(2)(m)
$250.00
Cut or remove vegetation without
Village approval
5(2)(n)
$500.00
(Plus
replant
cost)