Outdoor Special Event, Filming & Activities Bylaw, 2016 (No. 2513-2016)
Abbotsford, British Columbia
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Bylaw No. 2513-2016
## Outdoor Special Event, Filming & Activities Bylaw, 2016
Consolidated and printed by authority of the
Corporate Officer
under section 139 of the *Community Charter*. Includes amendment bylaws
2569-2016,
2607-2016
2741-2017, 3040-2020, 3054-2020 and 3063-2020
.
Last amended
July
1,
2021
| *Contents* | | |
| --- | --- | --- |
| | | 1.0 Citation |
| | | 2.0 Interpretation |
| | | 3.0 General |
| | | 4.0 Application requirements for Special Events |
| | | 5.0 Indemnification for Special Events |
| | | 6.0 Security Deposit for Special Events |
| | | 7.0 Insurance for Special Events |
| | | 8.0 Application requirements for Filming Activities |
| | | 9.0 Indemnification for Filming Activities |
| | | 10.0 Security Deposit for Filming Activities |
| | | 11.0 Insurance for Filming Activities |
| | | 12.0 Applications for Conveyance of Expression Activities |
| | | 13.0 Permit issuance |
| | | 14.0 Reconsideration |
| | | 15.0 Entry and inspection |
| | | 16.0 Contravention and remedy |
| | | 17.0 Offence and penalties |
| | | 18.0 Repeal |
| Schedule "A" | | |
WHEREAS planning for and accommodating Special Events, Filming
Activities and Conveyance of Expression Activities may involve extraordinary costs
to the City with respect to policing, highway and traffic control, water and other
services, and dealing with potential adverse impacts such as nuisance;
AND WHEREAS Council may, by bylaw, regulate, prohibit and impose
requirements in relation to the protection and enhancement of the well-being of the
City of Abbotsford in relation to nuisances, disturbances and other objectionable
situations that are liable to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public;
AND WHEREAS Council deems advisable to provide adequate health,
sanitation, vehicle control and security for persons attending special events where
large numbers of people are in attendance or may be anticipated to attend;
NOW THEREFORE, the Council of the City of Abbotsford, in open meeting
assembled, ENACTS AS FOLLOWS:
#### Citation
**1.0**
(1.1) Bylaw No. 2513-2016 may be cited as "Outdoor Special Event, Filming &
Activities Bylaw, 2016".
#### Interpretation
**2.0**
(2.1) The definitions set out in the attached Schedule "A" apply to this
Bylaw.
(2.2) In this Bylaw, words in the singular include the plural and vice versa and
gender specific terms include both genders and include corporations.
(2.3) A reference to another enactment in this Bylaw refers to the enactment as
it may be amended or replaced from time to time.
(2.4) The headings in this Bylaw are for convenience only and must not be
construed as defining or in any way limiting the scope or intent of the
provisions of this Bylaw.
(2.5) If any provision contained in this Bylaw is for any reason held to be
invalid by any court of competent jurisdiction, the invalid portion will be
severed will not affect the validity of the remainder of the Bylaw.
#### General
**3.0**
(3.1) No person may publicize, hold or permit the publication or holding of a
Special Event except in accordance with a Special Event Permit issued under this
Bylaw.
(3.2) No person may publicize, hold or permit the publication or holding of a
Filming Activity, except in accordance with a Film Activity Permit issued under
this Bylaw.
(3.3) No person or participant may hold or permit the holding of a Conveyance of
Expression Activity, except in accordance with a Conveyance of Expression
Activity Permit issued under this Bylaw.
(3.4) The following persons may be Applicants:
(a) the owner of the Site;
(b) a person acting on behalf of the owner of the Site; or
(c) a person responsible for the Special Event, Filming Activity or
Conveyance of Expression Activity.
(3.5) Every Applicant must comply with all applicable laws, bylaws, orders,
directions, ordinances and regulations of any governmental authority having
jurisdiction in any way with respect to the Site, Special Event, Filming
Activity or Conveyance of Expression Activity including, but not limited to, the
Abbotsford Police Department, BC Safety Authority, WorkSafe BC, Fraser Health
Authority, British Columbia Liquor Control and Licensing Branch and the
Agricultural Land Commission.
#### Application requirements for Special Events
**4.0**
(4.1) An Application for a Special Event Permit must be made in writing not less
than 60 days and not more than 270 days before the Special Event is to commence
in a form approved by the City Manager together with the applicable Special
Event Permit Fee.
(4.2) The Applicant is responsible for any costs, charges and expenses
associated with the Application.
(4.3) An Application must include such information and supporting documentation
as the City Manager may deem necessary or advisable with respect to policing,
Highway and traffic control, water and other City services, potential adverse
impacts such as nuisance and other conditions that may be relevant to ensure
public health and safety and the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public, taking into account the size, scope,
nature and location of the Special Event, including:
(a) the Applicant's name, address and telephone number;
(b) if the Applicant is not the owner of the Site, the written consent of
the owner authorizing the Applicant to act as the owner's agent;
(c) the written consent of any occupiers of the Site;
(d) the civic address and legal description of the Site;
(e) any water body or Top of Bank within 30 metres of the Site;
(f) the date or dates proposed for the Special Event, including setup and
teardown;
(g) the total number of people expected to attend, whether as spectators
or participants, including volunteers; and
(h) a description of the Special Event and a detailed Site plan with
proposed arrangements for the following:
(i) the location and use of existing Structures and Buildings and any
proposed Structures and Buildings, whether temporary or permanent,
including any proposed temporary seating arrangements and
barricades;
(ii) traffic control and means of transport on and around the Site
including access routes for emergency vehicles, any proposed closures of
roads or Highways, and parking arrangements;
(iii) washroom, hand washing and other sanitary facilities;
(iv) solid waste facilities including garbage, recycling and composting
collection and disposal;
(v) domestic water supply facilities;
(vi) food and beverage preparation, storage and serving facilities,
including any cooking facilities, whether on or offsite;
(vii) electricity and power supply to the Site;
(viii) policing and other necessary security and crowd control on and
around the Site;
(iv) fire protection and fire plan for the Site;
(x) emergency medical and first aid facilities;
(xi) lost children;
(xii) land disturbance, dust and sediment control;
(xiii) noise control measures to protect the quiet, peace, rest,
enjoyment, comfort and convenience of neighboring residents and the
general public; and
(xiv) list of vendors.
(i) written statements from the following confirming that they are
satisfied with the Applicant's arrangements for the Special
Event:
(i) the Medical Health Officer, with respect to public
health;
(ii) the Chief Constable, with respect to public safety and
security;
(iii) the Fire Chief, with respect to public safety and
security;
(iv) the General Manager, Engineering and Regional Utilities, with
respect to public safety and security; and
(v) the General Manager, Parks Recreation and Culture, with respect to
public safety and security;
(j) where part of a Special Event is to be held outside the City, written
confirmation of approval or consent from the relevant local government for
that part of the Special Event to be held outside the City;
(k) where a proposed Site is in the ALR, or on land(s) zoned A
(Agriculture), written consent of the ALC or Ministry of
Agriculture;
(l) where access to and from a proposed Site depends on or may reasonably
be expected to affect provincial highway traffic, a written statement from
the Ministry of Transportation & Infrastructure confirming that the
Ministry is satisfied with the Applicant's arrangements for the Special
Event; and
(m) where access to or from a proposed Site depends on a forest service
road, a statement from the Ministry of Forests, Lands, and Natural Resource
Operations confirming that the Ministry is satisfied with the Applicant's
arrangements for the Special Event.
(4.4) If a Site comprises or includes more than one (1) parcel or portion of
Highway, then the Application must include a Site plan for each parcel or
portion of Highway.
(4.5) Applicants must provide the City in advance with details of the form,
content, means and extent of proposed materials by which the Applicant will
notify the owners and occupiers of any parcels that are adjacent to the Site or
that may be affected by the Special Event.
(4.6) In addition to notifying owners and occupiers of any parcels that are
adjacent to the Site or that may be affected by the Special Event, the City
Manager may require the Applicant to post signage in public places and provide
further notice including, but not limited to, any one (1) or more of the
following:
(a) posting Highway signage, where traffic is impacted, at or near the
entrance to the Site, indicating the date(s) and time(s) of the Special
Event; and
(b) publication in the local newspaper of information of interest to the
public about the Special Event.
#### Indemnification for Special Events
**5.0**
(5.1) A Special Event Permit will not be valid unless and until the Applicant
provides the City with a written undertaking to indemnify and save harmless the
City and its directors, officers, servants, agents, employees, contractors,
subcontractors, and others from and against all costs, losses, damages,
compensation, claims, demands, actions, judgments and expenses, including actual
legal expenses of every kind, description and nature whatsoever, in any way
connected with or arising from the Special Event, in whole or in part, including
but not limited to, any death or injury to persons or property loss or damage
resulting from any acts or omissions of the Applicant, its directors, officers,
servants, agents, employees, contractors, subcontractors and others, or that
would not have occurred but for the use or occupation of the Site by the
Applicant.
#### Security Deposit for Special Events
**6.0**
(6.1) A Special Event Permit will not be valid unless and until the Applicant
provides the City with a Security Deposit to ensure full and proper compliance
with the Special Event Permit and this Bylaw in an amount to be determined by
the City Manager based on the size, duration and nature of the proposed Special
Event and associated risk including, but not limited to, the risk of damage to
the Site or public property and infrastructure.
(6.2) The City will hold the Security Deposit without interest for a maximum of
60 days following the conclusion of the Special Event, at which time the City
will return the Security Deposit subject to Section 6.3.
(6.3) If the Applicant fails to comply with the terms and conditions of the Special Event Permit or, if the Special Event results in damage to the Site or
public property or infrastructure which the Applicant fails to remedy upon
demand, then the City or its agents or servants may enter onto the Site and
perform such work as is necessary to cleanup, repair, reconstruct or replace the
Site, public property or infrastructure and the City may draw upon and use all
or a portion of the Security Deposit to cover the costs of such work. Damage
includes, but is not limited to, damage caused by a participant or spectator at
the Special Event.
(6.4) The City may recover any costs that exceed the Security Deposit and that
are not paid in full by December 31 of the year in which the costs were incurred
from the owner of the Site in the same manner and with the same remedies as for
property taxes.
#### Insurance for Special Events
**7.0**
(7.1) A Special Event Permit will not be valid unless and until the Applicant
provides the City with proof of Commercial General Liability insurance in a form
and with an insurer acceptable to the City:
(a) in the amount of:
(i) $2,000,000 minimum, per occurrence, or such higher amount as the
City Manager may deem necessary or advisable; or
(ii) $5,000,000 minimum, per occurrence, or such higher amount as the
City Manager may deem necessary or advisable, where the Site comprises
or includes a Highway;
(b) that includes a cross liability clause;
(c) that includes the City of Abbotsford as a named insured;
(d) that includes Abbotsford School District as named insured where the
Site is owned or occupied by the School District; and
(e) that provides the City a minimum of 30 days prior written notice of
cancellation or material change.
#### Application requirements for Filming Activities
**8.0**
(8.1) An Application for a Filming Activity Permit must be made in writing not
less than 14 days before the Filming Activity is to commence in a form approved
by the City Manager together with the applicable Filming Activity Permit
Fee.
(8.2) The Applicant is responsible for any costs, charges and expenses
associated with the Application.
(8.3) An Application must include such information and supporting documentation
as the City Manager may deem necessary or advisable with respect to policing,
Highway and traffic control, water and other City services, potential adverse
impacts such as nuisance and other conditions that may be relevant to ensure
public health and safety and the quiet, peace, rest, enjoyment, comfort or
convenience of individuals or the public, taking into account the size, scope,
nature and location of the Filming Activity, including:
(a) the Applicant's name, address and telephone number;
(b) if the Applicant is not the owner of the Site, the written consent of
the owner authorizing the Applicant to act as the owner's agent;
(c) the written consent of any occupiers of the Site;
(d) the civic address and legal description of the Site;
(e) any water body or Top of Bank within 30 metres of the Site;
(f) the date or dates proposed for the Filming Activity, including setup
and teardown;
(g) the total number of people expected to attend, whether as spectators
or participants, including volunteers; and
(h) a description of the Filming Activity and a detailed Site plan with
proposed arrangements for the following:
(i) the location and use of existing Structures and Buildings and any
proposed Structures and Buildings, whether temporary or permanent,
including any proposed temporary seating arrangements and
barricades;
(ii) traffic control and means of transport on and around the Site
including access routes for emergency vehicles, any proposed closures of
roads or Highways, and parking arrangements;
(iii) washroom, hand washing and other sanitary facilities;
(iv) solid waste facilities including garbage, recycling and composting
collection and disposal;
(v) domestic water supply facilities;
(vi) food and beverage preparation, storage and serving facilities,
including any cooking facilities, whether on or offsite;
(vii) electricity and power supply to the Site;
(viii) policing and other necessary security and crowd control on and
around the Site;
(ix) fire protection and fire plan for the Site;
(x) emergency medical and first aid facilities;
(xi) Special Effects;
(xii) land disturbance, dust and sediment control;
(xiii) noise control measures to protect the quiet, peace, rest,
enjoyment, comfort and convenience of neighboring residents and the
general public; and
(xiv) list of vendors.
(i) written statements from the following confirming that they are
satisfied with the Applicant's arrangements for the Filming
Activity:
(i) the Medical Health Officer, with respect to public health if
applicable;
(ii) the Chief Constable, with respect to public safety and
security;
(iii) the Fire Chief, with respect to public safety and
security;
(iv) the General Manager, Engineering and Regional Utilities, with
respect to public safety and security; and
(v) the General Manager, Parks Recreation and Culture, with respect to
public safety and security;
(j) where part of a Filming Activity is to be held outside the City,
written confirmation of approval or consent from the relevant local
government for that part of the Filming Activity to be held outside the
City;
(k) where a proposed Site is in the ALR, or on land(s) zoned A
(Agriculture), written consent of the ALC or Ministry of
Agriculture;
(l) where access to and from a proposed Site depends on or may reasonably
be expected to affect provincial highway traffic, a written statement from
the Ministry of Transportation & Infrastructure confirming that the
Ministry is satisfied with the Applicant's arrangements for the Filming
Activity; and
(m) where access to or from a proposed Site depends on a forest service
road, a statement from the Ministry of Forests, Lands, and Natural Resource
Operations confirming that the Ministry is satisfied with the Applicant's
arrangements for the Filming Activity.
(8.4) If a Site comprises or includes more than one (1) parcel or portion of
Highway, then the Application must include a Site plan for each parcel or
portion of Highway.
(8.5) Applicants must provide the City in advance with details of the polling
form, content, means and extent of proposed materials by which the Applicant
will notify the owners and occupiers of any parcels that are adjacent to the
Site or that may be affected by the Filming Activity
(8.6) In addition to notifying owners and occupiers of any parcels that are
adjacent to the Site or that may be affected by the Filming Activity, the City
Manager may require the Applicant to post signage in public places and provide
further notice including, but not limited to, any one (1) or more of the
following:
(a) posting Highway signage, where traffic is impacted, at or near the
entrance to the Site, indicating the date(s) and time(s) of the Filming
Activity; and
(b) publication in the local newspaper of information of interest to the
public about the Filming Activity.
#### Indemnification for Filming Activities
**9.0**
(9.1) A Filming Activity Permit will not be valid unless and until the Applicant
provides the City with a written undertaking to indemnify and save harmless the
City and its directors, officers, servants, agents, employees, contractors,
subcontractors, and others from and against all costs, losses, damages,
compensation, claims, demands, actions, judgments and expenses, including actual
legal expenses of every kind, description and nature whatsoever, in any way
connected with or arising from the Filming Activity, in whole or in part,
including but not limited to, any death or injury to persons or property loss or
damage resulting from any acts or omissions of the Applicant, its directors,
officers, servants, agents, employees, contractors, subcontractors and others,
or that would not have occurred but for the use or occupation of the Site by the
Applicant.
#### Security Deposit for Filming Activities
**10.0**
(10.1) A Filming Activity Permit will not be valid unless and until the Applicant
provides the City with a Security Deposit to ensure full and proper compliance
with the Filming Activity Permit and this Bylaw in an amount to be determined by
the City Manager based on the size, duration and nature of the proposed Filming
Activity and associated risk including, but not limited to, the risk of damage
to the Site or public property and infrastructure.
(10.2) The City will hold the Security Deposit without interest for a maximum of
60 days following the conclusion of the Filming Activity, at which time the City
will return the Security Deposit subject to Section 10.3.
(10.3) If the Applicant fails to comply with the terms and conditions of the Filming Activity Permit or, if the Filming Activity results in damage to the
Site or public property or infrastructure which the Applicant fails to remedy
upon demand, then the City or its agents or servants may enter onto the Site and
perform such work as is necessary to cleanup, repair, reconstruct or replace the
Site, public property or infrastructure and the City may draw upon and use all
or a portion of the Security Deposit to cover the costs of such work. Damage
includes, but is not limited to, damage caused by a participant or spectator at
the Filming Activity.
(10.4) The City may recover any costs that exceed the Security Deposit and that
are not paid in full by December 31 of the year in which the costs were incurred
from the owner of the Site in the same manner and with the same remedies as for
property taxes.
#### Insurance for Filming Activities
**11.0**
(11.1) A Filming Activity Permit will not be valid unless and until the Applicant
provides the City with proof of Commercial General Liability insurance in a form
and with an insurer acceptable to the City including:
(a) Comprehensive General Liability Insurance covering bodily injury,
death and/or damage to or destruction of property including loss of use
thereof, arising from the above Named Insured activities. Such insurance to
include Broad Form Property Damage, Blanket Contractual Liability, and Cross
Liability or Severability of Interest Clause as defined below.
(i) that includes the City of Abbotsford as a named
insured;
(ii) that includes Abbotsford School District as named insured where
the Site is owned or occupied by the School District; and
(iii) that provides the City a minimum of 30 days prior written notice
of cancellation or material change.
(b) Minimum Liability Coverage of $5,000,000 per occurrence for bodily
injury and/ or property damage and in the aggregate with respect to products
and completed operations.
(c) The City of Abbotsford and City of Abbotsford Police, their officers,
agents, employees and volunteers are added as additional Insured but solely
with respect to the liability which arises out of the activities of the
Named Insured. The Abbotsford Airport is to be included as additional
Insured if the Abbotsford Airport property are used for filming.
#### Applications for Conveyance of Expression Activities
**12.0**
(12.1) A person applying for a Conveyance of Expression Activity Permit must
provide, at the time the Application for the Conveyance of Expression Activity
Permit is submitted to the City Manager.
(12.2) A person applying for a Conveyance of Expression Activity Permit must
provide, at the time the Application for the Conveyance of Expression Activity
Permit is submitted to the City Manager:
(a) a Site plan demonstrating how the Structure or Structures in respect
of which the Application is made will meet the requirements of this Bylaw,
or
(b) such other information requested by the City Manager to permit the
City Manager to ensure compliance with this Bylaw.
(12.3) Notwithstanding Section 2.1 of the City's *Street and Traffic Bylaw, 2006*, the City Manager must issue a Conveyance of
Expression Activity Permit for which an Application is made for a Structure that
is intended to convey expression, except that the City Manager must not issue a
Conveyance of Expression Activity Permit if the proposed Structure
will:
(a) unreasonably obstruct or interfere with an existing Permit, booking or
the free use and enjoyment of any part of any City Property by any other
person;
(b) obstruct or interfere with any utility, postal or similar
installation;
(c) obstruct or interfere with any Traffic Control Device;
(d) obstruct or interfere with any other structure, object, substance or
construction works which occupy any City Property pursuant to a
Permit;
(e) obstruct or interfere with City works;
(f) be located on a portion of any City Property that abuts a site
which:
(i) contains only dwelling uses; or
(ii) in the case of mixed uses, contains ground floor dwelling
uses.
(g) be located within 5 meters of a building entrance or exit;
(h) be located within 5 meters of a bus stop, Intersection, driveway
crossing, loading zone, taxi zone, or wheelchair ramp;
(i) be located within 0.5 meters of a curb;
(j) be attached or affixed to cement, asphalt or other hard surface on
City Property;
(k) measure more than 1.6 meters in height at the highest
point;
(l) measure more than 1.6 meters in width at the widest point;
(m) measure more than 1.0 meter in depth at the deepest point;
(n) have a base area larger than 1.6 square meters;
(o) contain electrical or electronic components or lights;
(p) be structurally unsafe or unstable;
(q) be at the same Location for more than fifteen (15) days in any thirty
(30) day period;
(r) include or incorporate electronic signs, electric or gas lighting or
appliances, extension cords, open flames, propane tanks, gas, propane or
electric heaters, or barbeques; or
(s) be obscene, promote hatred or violence, or contain defamatory
statements.
(12.5) The holder of a Conveyance of Expression Activity Permit under this Bylaw
for a Structure that conveys expression must:
(a) remove the Structure from City Property no later than 6:00 p.m. and
not allow cause or permit the Structure to be located on City Property any
earlier than 10:00 a.m. on the following day;
(b) keep the Structure safe and in good repair at all times;
(c) not cause, permit or allow the Structure to create a hazardous or
dangerous condition; and
(d) comply with all terms under which the Conveyance of Expression
Activity Permit was issued.
(12.6) A Conveyance of Expression Activity Permit issued under this Bylaw for a
Structure intended to convey expression is valid for thirty (30) days from the
date of issuance, except that the City Manager must not issue more than six (6)
Conveyance of Expression Activity Permits within a period of twelve (12)
consecutive months that would authorize a Structure for the same Location. For
the purposes of Section 12.3 and 12.4, of this Bylaw, "Location" means:
(a) a parcel;
(b) a Park;
in the case of a Highway, a point on the Highway that is within 200 metres
of another point that has been occupied by a Structure pursuant to a Conveyance
of Expression Activity Permit in the preceding twelve (12) months.
(12.7) The City Manager may cancel a Conveyance of Expression Activity Permit
issued under this Bylaw for a Structure intended to convey expression if the
recipient of the Permit fails to comply with any of the provisions in this
Bylaw.
#### Permit issuance
**13.0**
(13.1) The City Manager is authorized to consider Applications and to issue,
amend, suspend and revoke Special Event Permit, Filming Activity Permit and
Conveyance of Expression Activity Permit on behalf of the City in accordance
with this Bylaw.
(13.2) The City Manager may:
(a) issue a Special Event Permit, Filming Activity Permit or Conveyance of
Expression Activity Permit, subject to such terms and conditions that the
City Manager considers reasonably necessary to address public health and
safety, the protection of persons and property and potential adverse impacts
from nuisance, disturbances and other objectionable situations that are
liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience
of individuals or the public; or
(b) refuse to issue the Special Event Permit, Filming Activity Permit or
Conveyance of Expression Permit, providing written notice of the reasons for
such refusal within 15 days.
(13.3) An Applicant must display a copy of the Special Event Permit, Filming
Activity Permit or Conveyance of Expression Activity Permit at the entrance to
the Site, or such other location within the Site as the City Manager may direct,
for the duration of the Special Event, Filming Activity or Conveyance of
Expression Activity.
#### Reconsideration
**14.0**
(14.1) A person who is subject to a decision or direction of the City Manager may
request a reconsideration of that decision or direction by Council, in
accordance with the City's *Appeal Procedure Bylaw, 2016*.
B/L 2607-2016
(14.2) An Applicant who has submitted a request for reconsideration must not hold
a Special Event, Filming Activity or Conveyance of Expression Activity in
contravention of this Bylaw or a Special Event Permit, Filming Activity Permit
or Conveyance of Expression Activity Permit pending the decision of Council, and
any person who is subject to a decision of Council under this Section 10.0 must comply with any requirements, conditions, restrictions imposed through that decision.
B/L 2607-2016
#### Entry and inspection
**15.0**
(15.1) The City Manager, any Bylaw Enforcement Officer, Abbotsford Police
Officers, or other City employee designated by the City Manager, is authorized
at all reasonable times to enter on any property to inspect and determine
whether this Bylaw, and any terms, conditions, restrictions and requirements of
a Special Event Permit, Filming Activity Permit or Conveyance of Expression
Activity Permit issued under this Bylaw are being observed.
(15.2) A person must not prevent or obstruct any of those persons identified in
Sections 15.1 from entering onto the property for the purposes of this Bylaw.
#### Contravention and remedy
**16.0**
(16.1) The City Manager may amend, suspend or revoke a Special Event Permit,
Filming Activity Permit or Conveyance of Expression Activity Permit at any time
if he has reasonable grounds to believe that the holding or continuation of the
Special Event, Filming Activity or Conveyance of Expression Activity:
(a) poses a danger to the health and safety of any person;
(b) poses a danger to property;
(c) is not in the public interest; or
(d) is in contravention of this Bylaw or the terms and conditions of the
Special Event Permit, Filming Activity Permit or Conveyance of Expression
Activity Permit.
(16.2) The City Manager will immediately notify the Applicant of the suspension
or revocation of a Special Event Permit, Filming Activity Permit or Conveyance
of Expression Activity Permit and provide written reasons for the suspension or
revocation.
(16.3) Where the City Manager reasonably believes that:
(a) the holding or continuation of a Special Event is in contravention of
this Bylaw or a Special Event Permit; or
(b) the holding or continuation of a Filming Activity is in contravention
of this Bylaw or a Filming Activity Permit; or
(c) the holding or continuation of a Conveyance of Expression Activity is
in contravention of this Bylaw or a Conveyance of Expression Activity
Permit; or
(d) a Special Event Permit, Filming Activity Permit or Conveyance of
Expression Activity Permit was issued based on false, missing or incorrect
information,
the City Manager may, by written notice delivered to the Applicant, direct
that the contravention or non-compliance be remedied or that the necessary
information be provided, corrected or verified, as applicable, and may establish
the manner of remedy and a date by which the matter must be remedied.
(16.4) Upon receipt of such notice, the Applicant must promptly remedy the matter
as directed, so that the City Manager is satisfied that the contravention,
non-compliance, or missing or incorrect information has been remedied. If the
Applicant fails to comply with a notice, the City Manager may, by further notice
in writing to the Applicant, do any of the following:
(a) amend the Special Event Permit, Filming Activity Permit or Conveyance
of Expression Activity Permit, or attach new conditions or both;
(b) suspend the rights granted under the Special Events Permit, Filming
Activity Permit or Conveyance of Expression Activity Permit, either entirely
or in part, until satisfied as to compliance with the Bylaw and Permit;
or
(c) revoke the Special Event Permit, Filming Activity Permit or Conveyance
of Expression Activity Permit, providing reasons for the
revocation.
#### Offence and penalties
**17.0**
[Repealed, B/L 3063-2020.]
Every person who contravenes this bylaw commits an offence and is subject to enforcement and penalties in accordance with the *Bylaw Enforcement Bylaw*.
#### Repeal
**18.0**
(18.1) Bylaw No. 2395-2015, cited as "Outdoor Special Events Bylaw, 2015", and
any and all amendments, are hereby repealed.
READ A FIRST TIME on
January
25,
2016
READ A SECOND TIME on
January
25,
2016
READ A THIRD TIME on
January
25,
2016
ADOPTED on
February
1,
2016
Schedule "A"
Definitions
"ALC" means the Provincial Agricultural Land Commission
established under the *Agricultural Land Commission Act*.
"ALR" means agricultural land designated as an
agricultural land reserve under the *Agricultural Land Commission Act* and includes an agricultural land reserve under a former Act.
"Applicant" means an applicant for a Special Event
Permit, a Filming Activity Permit or a Conveyance of Expression Activity Permit and
the holder of the issued Special Event, Filming Activity, or Conveyance of
Expression Activity Permit.
"Application" means an application for a Special Event
Permit, Filming Activity Permit or a Conveyance of Expression Activity Permit.
"Beverage Garden" means a well-defined and enclosed
liquor service area either outdoors or within a large indoor space, where liquor
consumption is a major focus of activity and which is subject to a special occasion
liquor licence issued under the *Liquor Control and Licensing Act*.
"Building" means "building" as defined
in the *BC Building Code, 2012*.
"Boulevard" means that portion of a Highway between the
curb lines or the lateral lines of a Roadway and the adjoining property, and
includes curbs, sidewalks and ditches.
"Chief Constable" means Abbotsford Police Department
(APD) Chief Constable or person designated to act on his or her behalf.
"City" means the City of Abbotsford.
"City Manager" means the City's chief administrative
officer or person designated to act in his or her place, or other designated City
employee.
"City Property" means all lands owned by the City or that
are under the care and custody of the City, including all parks pursuant to the
*Parks Bylaw*, and Highways as defined in the *Street and Traffic Bylaw, 2006* and *Community Charter*.
"Conveyance of Expression Activity" means any rally,
gathering, sit-in, form of expression or other activity in the City that is:
(a) held on any City Property;
(b) includes a Structure or Structures; and
(c) is intended to convey expression under the *Canadian Charter of Rights and Freedoms*.
"Conveyance of Expression Activity Permit" means a permit
to authorize a Conveyance of Expression Activity permit issued under this Bylaw.
"Filming Activity" means Recording, except in a film
studio or film laboratory, for a feature film, television film, television program
or series, documentary, paid advertisement, including a commercial, music video,
educational film, including the preproduction and post production activities
associated therewith, but does not include:
(a) activities by news media related to the dissemination of information;
(b) location scouting; or
(c) recording personal movies or photographs;
"Filming Activity Fee" means the Application fee as set
out in the City's *Fees and Charges Bylaw, 2006*.
"Filming Activity Permit" means a Filming Activity permit
issued by the City under this Bylaw.
"Fire Chief" means the person appointed by Council as the
Fire Chief of the City or person designated to act on his or her behalf.
"General Manager, Engineering and Regional Utilities"
means the City's General Manager, Engineering and Regional Utilities or person
designated to act on his or her behalf.
"General Manager, Parks, Recreation & Culture" means
the City's General Manager, Parks, Recreation and Culture or person designated to
act on his or her behalf.
"Highway" means as defined in the City's *Street and Traffic Bylaw, 2006* or the *Community Charter*
"Medical Health Officer" means a person designated as a
medical health officer under the *Public Health Act*.
"Park" means as defined in the City's *Parks Bylaw, 2016*.
"Permit" means a Special Event Permit, a Filming Activity
Permit or a Conveyance of Expression Activity Permit.
"Recording" means filming, videotaping, photographing or
any other form of visual recording.
"Site" means the parcel or Highway on which a Special
Event, Filming Activity or Conveyance of Expression Activity is to be held.
"Site Restoration" includes restoration of the Site to
which a Special Event Permit, Filming Activity Permit and/or Conveyance of
Expression Activity applies and the restoration of any City property that may be
damaged or destroyed.
"School District" means the area created or constituted
as Abbotsford School District under the *School Act*.
"Security Deposit" means cash or certified cheque in an
amount to be determined by the City Manager based on the size, duration and nature
of the proposed Special Event.
"Special Effects" includes techniques used in the art of
the creation of visual illusions in a film; and/or the method used to create
illusions in films that incorporates any complex mechanical devices, pyrotechnics,
fireworks, pyrotechnic articles, propellants, explosives, aeronautical or other
techniques.
"Special Event" means any festival, show, exhibition, carnival,
fair, concert, rave, vehicular race, parade, procession, sporting event, performance
or other event in the City that is:
(a) open to the public or to which the public has been invited to
attend;
(b) held outdoors either in whole or in part; and
(c) likely to be attended, or which may reasonably be expected to be
attended:
(i) by 200 or more people if there is no Beverage Garden;
or
(ii) by any number of people if there is a Beverage Garden.
B/L 3040-2020, 3054-2020
"Special Event Beverage Garden" means any Special Event attended
by any number of people where there is a Beverage Garden. B/L
2741-2017
"Special Event Small" means any Special Event attended
by, or which may reasonably be expected to be attended by 200 or more people and
fewer than 500 people.B/L 2741-2017
"Special Event Medium" means any Special Event attended
by, or which may reasonably be expected to be attended by 500 or more people and
fewer than 1,000 people.
"Special Event Large" means any Special Event attended
by, or which may reasonably be expected to be attended by 1,000 or more people.
"Special Event Permit" means a permit issued by the City under
this Bylaw for a Special Event Beverage Garden, Special Event Small, Special Event
Medium or Special Event Large.
B/L 2714-2017, B/L 3054-2020
"Special Event Permit Fee" means the Application fee as
set out in the City's *Fees and Charges Bylaw, 2006*.
"Structure" means a construction or portion thereof of
any kind, whether fixed to, supported by or sunk into land or water, including but
not limited to tents, tarps and temporary shelters.
"Traffic Control Device" means as defined in the City's
*Street and Traffic Bylaw, 2006*.
"Top of Bank" means "Top of the Bank" as
defined in the City's *Streamside Protection Bylaw, 2005*.
###