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Bylaw 21-2013
Page 1
BYLAW 21-2013
(CONSOLIDATED ON October 4, 2022)
A BYLAW OF STRATHCONA COUNTY IN THE PROVINCE OF ALBERTA FOR THE
PURPOSE OF REGULATING PUBLIC PARKS AND RECREATIONAL AREAS WITHIN
STRATHCONA COUNTY.
WHEREAS, by virtue of the power conferred upon it by the Municipal
Government Act, RSA 2000 cM-26, as amended or repealed and replaced
from time to time, NOW THEREFORE the Council of Strathcona County, duly
assembled, enacts as follows:
1.
SECTION 1 - SHORT TITLE
1.1
This Bylaw may be cited as the Strathcona County "Parks Bylaw".
2.
SECTION 2 - DEFINITIONS
2.1
"Approved Burning Device" means a device made from pottery, metal
or masonry, with a firebox that is no larger than 90 centimetres or 36
inches in diameter, located in an area that will not pose a risk for fire
spread and that is equipped with an enclosed hearth with a mesh
screen that is less than 1.25 centimetres or½ inch completely
covering the top, or a hearth that is enclosed on all sides that has a
mesh screen that is less than 1.25 centimetres or ½ inch completely
covering the top, or other approved covering that will not permit the
spread of fire.
2.2
"Bylaw Enforcement Officer" means a Bylaw Enforcement Officer
appointed by the Chief Commissioner pursuant to the Municipal
Government Act, RSA 2000, cM-26, to do any act or perform any
duties under this Bylaw and includes a member of the Royal
Canadian Mounted Police (RCMP) and, when authorized, a
Community Peace Officer.
2.3
"Council" means the Council of Strathcona County,
2.4
"County" means Strathcona County,
2.5
"Director" means the Director, or delegate, of the County's
Department of Recreation, Parks and Culture or its successors.
2.6
"Domestic Animal" means any animal, other than a Dog or Livestock,
which is kept as a pet.
2.7
"Dog" means either the male or female of any domesticated canine
species.
2.8
"Firearm" means a Firearm as defined in the Firearms Control
Bylaw 21-2013
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Bylaw 11-2007, as amended or repealed and replaced from time to
time,
2.9
"Highway" means a Highway as defined in the Traffic Safety Act, RSA
2000, cT-6, as amended or repealed and replaced from time to
time.
2.10
"Horse" means either the male or female of any domesticated
equine mammal.
2.11
"Indecent Act" means nakedness or sexual or lewd activity in a Park.
2.12
"Livestock" means bison, cattle, swine, donkeys, mules, oxen, sheep,
goats, and controlled animals and wildlife as those terms are defined in
the Wildlife Act, RSA 2000, c W-10 that exceed 9.07 kilograms (20
pounds).
(S.83, Bylaw 53-2022, October 4, 2022)
2.13
"Motorcycle" means a Motorcycle as defined in the Traffic Safety Act,
RSA 2000, cT-6.
2.14
"Motor Vehicle" means a Motor Vehicle and includes a trailer as
defined in the Traffic Safety Act, RSA 2000, cT-6.
2.15
"Nuisance" means any use of or activity upon a Park, which in the
opinion of the Bylaw Enforcement Officer is offensive to any Person,
has or may have detrimental impact upon any Person or other
property in the Park, and without limiting the generality of the
foregoing, includes but is not limited to the following:
(a) drawing, painting, or writing a message upon, or placing graffiti on
any structure or object within a Park without permission of the
Director.
(b) vandalism to any structure or object within a Park;
(c) any other offensive or inappropriate behavior within a Park;
(d) fighting or similar confrontation.
2.16
"Off-Highway Vehicle" means Off-Highway Vehicle as defined in the
Traffic Safety Act, RSA 2000, cT-6.
2.17
"Park" includes:
(a) any public outdoor land and green space specifically for passive
or active recreation including tot-lots, playgrounds, band shells,
walkways, trails, environmentally significant areas, forest
reserves, wildlife sanctuaries, greenbelts, conservation areas,
Bylaw 21-2013
Page 3
buffers, nature interpretation areas and similar land uses. It
includes all natural and man-made landscaping, facilities,
sports fields, accesses, trails, buildings and structures
consistent with the general purpose of public Park land whether
or not such recreational facilities are publicly operated or
operated by other organizations pursuant to arrangements with
the public authority owning the Park. This includes a broad
range of accessory uses, including commercial, serving Park
users and compatible with Park objectives but does not include
the Broadmoor Public Golf Course;
(b) any land acquired by the County as municipal reserve, school
reserve, municipal and school reserve, public utility lots or
environmental reserve as those terms are used in the Municipal
Government Act, RSA 2000, cM-26, however, insofar as the
terms of any license or lease for grazing or agricultural
purposes granted by the County's Department of Planning and
Development Services over such reserves contradicts the terms
of the Bylaw, the terms of the license or lease shall prevail;
(c) any land designated by Council as a Park or recreational area,
including recreational areas leased to the County, for the
purposes of the Bylaw; and
(d) any land developed or designated by the County as trail
system, including both urban and rural pathways other than
Sidewalks.
2.18
"Person" includes an individual, corporation, firm, partnership,
association, or body corporate.
2.19
"Portable Appliance" means any appliance sold or constructed for
the purpose of cooking food in the out-of-doors.
2.20
"Projectile" means any physical article capable of being launched or
propelled including but not limited to fireworks, explosives of any
type, airsoft guns, firearms, stones, rockets, golf balls and arrows.
2.21
"Roadway" means a Roadway as defined in the Traffic Safety Act,
RSA 2000, cT-6.
2.22
"Rural Area" means the area within the boundaries of the County
including the hamlets, with the exception of the Urban Service Area.
2.23
"Sidewalk" means a Sidewalk as defined in the Traffic Safety
Act, RSA 2000, cT-6.
2.24
"Storm Water Management Facility" means an area designated to
temporarily store excess storm water runoff flow within a drainage
system and includes wetlands, constructed wetlands, storm water
Bylaw 21-2013
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wetlands, storm water lakes, wet and dry ponds, man made
creeks, overland drainage systems and bio-swales located within
utility right of ways (easements), County owned properties (public
utility lots and reserves).
2.25
"Urban Service Area" means that area within the boundaries of the
Hamlet of Sherwood Park as declared by Ministerial Order 700/84
dated November 26, 1984, or as expanded upon by subsequent
Ministerial Order or Bylaw or Resolution of the Municipal Council from
time to time.
2.26
"Vegetation" includes all trees, shrubs, plants, flowers and grass,
and all ground cover, whether it is in its wild or natural state, or
has been planted.
2.27
"Violation Tag" means a tag or similar document issued by the
County pursuant to Section 110 of the Municipal Government Act,
RSA 2000, cM-26.
2.28
"Violation Ticket" means a ticket issued pursuant to Part II of the
Provincial Offences Procedure Act, RSA 2000, cP-34 as amended or
repealed and replaced from time to time and regulations
thereunder.
3.
SECTION 3 - APPLICATION
3.1
This Bylaw shall apply to all Parks in the County, subject to any
exceptions provided in any statue of the Province of Alberta or any
agreement entered into by the County affecting any Park or part
thereof.
4.
SECTION 4 - LITTER
4.1
No Person shall leave any garbage, or litter in a Park except in a
receptacle designed for such use.
5.
SECTION 5 - PARK PROPERTY
5.1
No Person shall damage, disturb, destroy, remove, affix signage to,
or otherwise interfere with or use for a purpose not intended, any
Vegetation in a Park.
5.2
No Person shall walk, cross, ride, or otherwise traverse any
Vegetation where such conduct is prohibited by posted signage.
5.3
No Person shall dig, excavate or conduct any construction or
building operations within a Park unless prior written approval has
been obtained from the Director.
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5.4
No Person shall mark, deface, climb, post, paint or affix any
advertisement, bill, poster, picture or thing or otherwise interfere
with any signage, fence, building, wall, bench, exhibit, or any other
property that the County has erected or caused to be erected in a
Park unless prior written approval has been obtained from the
Director.
5.5
No Person shall plant trees, shrubs, or Vegetation in any Park unless
prior written approval has been obtained from the Manager of Land
Management Services.
5.6
No person shall build, erect, or create a jump or ramp in a Park unless
prior written approval has been obtained from the Director.
6.
SECTION 6 - DANGEROUS OBJECTS
6.1
No Person, while in a Park, shall:
(a) cast, throw, discharge, ignite, fire, or otherwise launch any
projectile;
(b) operate any radio or remote controlled vehicle or airborne
object;
(c) propel a golf ball in any manner;
(d) possess any Firearm or weapon, capable of firing or
launching a Projectile;
except in an area designated for that purpose or unless prior
written approval has been obtained from the Director.
7.
SECTION 7 - CONDUCT
7.1
No Person shall consume alcoholic beverages in a Park unless the
necessary written approvals have been obtained from the Director and
from the Alberta Gaming and Liquor Commission and then only at such
locations within a Park as designated by the Director.
7.2
No Person shall enter or remain in any Park while intoxicated by any
liquor or other intoxicating substance.
7.3
No Person shall urinate or defecate in a Park except in a facility
designed for such use.
7.4
No Person shall participate in an activity defined as a Nuisance or
perform Indecent Acts in a Park.
7.5
No Person shall contravene any signage within a Park which has
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Page 6
been affixed by the County.
7.6
No Person shall act in any way in a Park that is reasonably likely to
cause injury to another Person, to themselves or damage property.
8.
SECTION 8 - CAMPING
8.1
No Person shall build a structure, whether permanent or temporary, set
up any form of temporary abode or otherwise camp in a Park except in
an area designated by the County for this purpose unless prior written
approval has been obtained from the Director.
9.
SECTION 9 - BUSINESS
9.1
No Person shall offer for sale or sell any good or service in a Park
unless prior written approval has been obtained from the Director.
9.2
No Person shall place or erect any signs for the purposes of advertising
in a Park unless prior written approval has been obtained from the
Director.
10.
SECTION 10 - FIRES
10.1
No Person shall start or permit to be started any fire in a Park unless it
is confined to fireplaces or appliances provided in the Park for that
purpose or in a Portable Appliance or Approved Burning Device, and
then only at such locations within a Park as designated by the
Director.
10.2
The above fires can only be fuelled with seasoned wood, charcoal,
natural gas, propane or an appropriate fuel designed for a Portable
Appliance or an Approved Burning Device.
10.3
No Person shall leave a fire unattended.
10.4
No person shall start a fire in a Park when there is a declared fire ban.
11.
SECTION 11 - ANIMALS
11.1
No Person shall bring a Dog into a Park where prohibited by signage.
11.2
No Person shall bring Livestock into a Park unless prior written approval
has been obtained from the Director.
11.3
No Person shall bring a Domestic Animal into a Park unless prior
written approval has been obtained from the Director.
11.4
No Person shall ride or bring a Horse into a Park within the Urban
Service Area unless prior written approval has been obtained from
the Director.
Bylaw 21-2013
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11.5
No Person shall ride or bring a Horse into a Park within the Rural
Area where prohibited by signage or within any playground,
school ground, sportfield, snowshoe or cross country ski trail.
11.6
No Person or Dog under the care of that Person shall tease, molest or
injure any mammal, bird, amphibian or reptile, or take, destroy, or
disturb eggs, nest or young of an animal or bird in any Park nor throw
any substance at or near such creatures in a Park in such a way to
cause them alarm or possible injury.
11.7
No Person shall feed or provide food to birds or wild animals in a Park.
12.
SECTION 12 - VEHICLES
12.1
No Person shall drive, operate or park a Motor Vehicle or Motorcycle
in a Park except on a Roadway in the Park designed for that
purpose.
12.2
No Person shall drive, operate or park an Off-Highway Vehicle in a
Park except where authorized by signage.
13.
SECTION 13 - BOATING
13.1
No Person shall operate a boat powered by a motor upon any Storm
Water Management Facility.
14.
SECTION 14 - SWIMMING
14.1
No Person shall wade or swim in any Storm Water Management Facility.
15.
SECTION 15 - PARK HOURS AND CLOSURES
15.1
All Parks within the County, unless otherwise indicated by signage,
shall be closed to the public between the hours of 11:00 p.m. and 6:00
a.m.
15.2
No Person shall enter into or remain in a Park or part thereof that is
closed.
15.3
No Person shall leave a Motor Vehicle, including a trailer in a Park
between 11:00 p.m. and 6:00 a.m. the next morning unless prior
written approval has been obtained from the Director.
15.4
Any Person in a Park after it is closed may be asked to leave by a
Bylaw Enforcement Officer or may be issued a Violation Tag or a
Violation Ticket.
15.5
Any Person who refuses to leave a Park after having been asked to do
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so by a Bylaw Enforcement Officer or who has been issued a Violation
Tag or a Violation Ticket for contravening this Bylaw may be removed
from the Park.
15.6
No Person shall be in violation of Section 15.2 if he or she is attending
a function at a community hall facility, recreation facility or school
facility situated on or adjacent to a Park or at a function or event
approved by the Director.
15.7
No Person shall be in violation of Section 15.2 if he or she is using a
Highway, Roadway, Sidewalk, developed trail or plaza running
through a Park as a linkage.
15.8
The Director may temporarily close a Park or any part thereof to
public use.
15.9
Where a Park or any part thereof is closed to public use pursuant to
Section 15.8, signage shall be posted to that effect.
16.
SECTION 16 - DELEGATION OF AUTHORITY
16.1
A Bylaw Enforcement Officer under this Bylaw is hereby
delegated the authority to:
(a) enter on and inspect any land, road, structure or work in the
Park;
(b) order any Person in a Park to cease or refrain from any act or
conduct which constitutes a breach of this Bylaw, is dangerous
to life or property, or detrimental to the use and enjoyment of
the Park by others;
(c) order any Person to disperse or leave the Park if they are
contravening the Bylaw;
(d) remove from the Park:
(i)
any Person who has under reasonable probable
grounds contravened any provision of this bylaw;
(ii) any Person found in contravention of any section of this
Bylaw. Contravention of the Bylaw may be considered an
offence under the Petty Trespass Act of Alberta if the Person
is told they are in contravention of this bylaw;
(iii) any Person who is suspended from entering or using the
facilities of a park, as determined by the Officer in Charge of
Strathcona County RCMP or his delegate;
(iv) any Person who breaches the provision of this Bylaw, or who
Bylaw 21-2013
Page 9
breaches a law of Canada or the Province of Alberta in or
about a Park.
17.
SECTION 17 - OFFENCES
17 .1
Any Person who contravenes a provision of this Bylaw is guilty of an
offence and is liable to a penalty as set out in Schedule "A" herein.
17.2
Under no circumstance shall any Person contravening any provision of
this Bylaw be subject to the penalty of imprisonment.
17.3
Nothing in this Bylaw shall be construed as curtailing or abridging the
right of the County to obtain compensation or to maintain an action for
loss of or damage to property from or against the person or persons
responsible.
18.
SECTION 18 - VIOLATION TAG
18.l
A Bylaw Enforcement Officer is hereby authorized and empowered to
issue a Violation Tag to any Person who the Bylaw Enforcement
Officer has reasonable and probable grounds to believe has
contravened any provision of the Bylaw.
18.2
A Violation Tag may be issued to such Person:
(a)
either personally; or
(b)
by mail in a copy to such Person at his or her last known post
office address.
18.3
The Violation Tag shall be in a form approved by the County or
the responsible County Officer and shall state:
(a)
the name of the Person;
(b)
the offence;
(c)
the appropriate penalty for the offence as specified in Schedule
"A" of the Bylaw;
(d)
that the penalty shall be paid within thirty (30) days of the
issuance of the Violation Tag;
(e) any other information as may be required by the County.
18.4
Where a contravention of the Bylaw is of a continuing nature, further
Violation Tags may be issued by a Bylaw Enforcement Officer, provided
that no more than one Violation Tag shall be issued for each day that
the contravention continues.
Bylaw 21-2013
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18.5
Where a Violation Tag is issued pursuant to this Bylaw, the Person to
whom the Violation Tag is issued may, in lieu of being prosecuted for
the offence, pay to Strathcona County the penalty specified in the
Violation Tag.
18.6
Nothing in this Bylaw shall prevent a County Bylaw Enforcement
Officer from immediately issuing a Violation Ticket for the
mandatory Court appearance of any Person who contravenes any
provision of this Bylaw.
19.
SECTION 19 - VIOLATION TICKET
19.1
If the penalty specified in a Violation Tag is not paid within the
prescribed time period, then a County Bylaw Enforcement Officer is
hereby authorized and empowered to issue a Violation Ticket pursuant
to Part II of the Provincial Offences Procedure Act.
20.
SECTION 20 - EXEMPTIONS
20.1
The employees, servants and agents of the County, while acting in the
course of their employment or duty, are exempt from the provisions of
this Bylaw.
21.
SECTION 21 - SEVERABILITY
21.1
Should any provision of this Bylaw be invalid, then such invalid
provision shall be severed and the remaining Bylaw shall be
maintained.
22.
SECTION 22 -EFFECTIVE DATE
22.1
This Bylaw repeals Bylaw 30-92.
22.2
This Bylaw shall come into force upon third and final reading.
NOTE: Consolidation made under Section 69 of the Municipal Government Act,
R.S.A. 2000, c.M-26 and Bylaw 21-2015 Section 8, and printed under the Chief
Commissioner's authority.
Bylaw 21-2013, passed by Council June 11, 2013
Amendments
Bylaw 53-2022, October 4, 2022
SCHEDULE "A" FINES
Bylaw 21-2013
Page 11
Offense under the Parks Bylaw - Penalty
$200.00