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TOWN OF LAKE COWICHAN
BYLAW NO. 919-2012
PARKS REGULATION
A BYLAW TO REGULATE USE OF PARKS IN THE MUNICIPALITY
WHEREAS pursuant to the Community Charter, Council is authorized to regulate the
use of the public properties, and may make such rules and regulations as may be
necessary for governing the management, maintenance, improvement, operation,
control and use of such properties;
AND WHEREAS it is deemed expedient to make certain regulations for the control,
regulation, protection and government of the public parks and of places within the
jurisdiction of the Town and of persons who may be therein:
NOW THEREFORE BE IT RESOLVED that the Council of the Town of Lake Cowichan,
an open meeting assembled, hereby ENACTS AS FOLLOWS.
1.
CITATION
This Bylaw may be cited as "Town of Lake Cowichan Parks Regulation Bylaw
No. 919-2012".
2.
INTERPRETATION
In this Bylaw:
COUNCIL means the Council of the Town of Lake Cowichan;
LIQUOR means:
(a)
fermented, spirituous and malt liquors;
(b)
combination of liquors; and
(c)
drinks and drinkable liquids that are intoxicating;
and a liquor that contains more than 1 percent alcohol by volume
shall be conclusively deemed to be intoxicating; and "liquor" includes
beer, or a substance which, by being dissolved or diluted is capable of
being made a drinkable liquid that is intoxicating and which substance
is declared by order of the Lieutenant Governor in Council to be
liquor.
PARK means beaches, boulevards, campsites, grassed plots, playfields,
playgrounds, trails, , public squares and other recreation open spaces which are
owned, possessed or operated by the Town of Lake Cowichan and which are used,
reserved or dedicated for public park purposes;
SUPERINTENDENT means the person duly appointed as such from time to
time by Council as the Superintendent, Public Works and Engineering
Services;
TOWN means the Town of Lake Cowichan;
Town of Lake Cowichan Parks Regulation Bylaw No. 919-2012
2
3.
GENERAL REGULATIONS
1.
No person shall cut, break, injure, remove or in any way destroy or
damage any rock, soil, tree, shrub, plant, turf or flower, or any
building, structure, fence, sign, seat, bench or ornament of any kind
or in any way foul or pollute any fountain, lake, stream, pool, pond,
well or spring in any park, or injure, deface or destroy any notices,
rules or regulations posted or affixed to anything by order or
permission of the Town.
2.
No person shall climb, walk, or sit upon any wall, fence or other
structure, except play apparatus or seating specifically provided for
such use, in or upon any park; or use any grass plot or land where
signs have been posted forbidding such use.
3.
No person shall allow or permit any dog to enter and be in any Town
park except on a leash.
4.
Notwithstanding Section 3.3, no person shall permit a dog to enter
any public beach area owned and operated by the Town.
5.
No person shall deposit or leave in or on any Town property any
garbage, refuse, sewage, empty or broken bottles, tin cans, waste, or
other debris or obnoxious material except in such receptacles, pits or
other areas specifically provided for such purpose.
6.
No person except for authorized personnel, including Town
employees, shall enter or remain in a park outside the posted or
designated hours. Where no sign is posted the park shall remain open
from 8 a.m. and closed no later than 5 p.m. for the period of October
to March. The hours of operation for the rest of the year shall be from
6.00 a.m. to 10.00 p.m. daily.
7.
No person shall use any Park or any portion of a park for other than
general public use without obtaining a Facility Use Permit issued by
the Town.
8.
No person shall be in possession of or consume liquor in any Park
unless the expressed approval of Council is given or sanctioned.
9.
No person shall be in possession of illicit drugs in any Park.
10.
No person shall post, paint, or affix any advertisement, bill, poster,
picture, matter or thing in or on any park or on any tree, post, pole,
building, structure or thing in or on any park, or engage in the
distribution or delivery of advertising material in any park or in any
building, structure or thing in any park. This section shall not apply to
signs erected or placed by the Superintendent for the purpose of
conveying information on park or recreation matters or controlling
activities within parks.
11.
The Superintendent is hereby authorized to order the placing or
erection of any applicable signage in Parks at such places as he may
designate in order to regulate the use of a Park or any portion of a
Park and in order to give effect to the provisions of this Bylaw, or any
other applicable bylaw of the Town.
Town of Lake Cowichan Parks Regulation Bylaw No. 919-2012
3
4.
PENALTY
Except as otherwise provided in this Bylaw, any person who violates any of
the provisions of this Bylaw or who suffers or permits any act or thing to be
done in contravention of this Bylaw, or who refuses, or omits or neglects to
fulfill, observe, carry-out or perform any duty or obligation imposed by this
Bylaw shall be liable on summary conviction to a fine not exceeding Two
Thousand Dollars ($2,000.00)
5.
DEFAULT
Where, in this Bylaw, any matter or thing is required to be done by any
person, in default of it being done by such person, such matter or thing shall
be done at the expense of the person in default and the expense thereof
may be recovered, with interest at the same rate of interest as taxes in
arrears.
6.
GENERAL
In the event that any portion of this Bylaw is declared ultra vires by a Court
of competent jurisdiction, then such portion shall be deemed to be severed
from the bylaw while the remainder of the bylaw shall continue to be in full
force and effect.
7.
REPEAL
That upon adoption of this bylaw, Bylaw No. 890-2010 being the "Town of
Lake Cowichan Parks Regulation Bylaw No. 890-2010" and all amendments
thereto is hereby repealed.
READ A FIRST TIME on the 30th of October, 2012.
READ A SECOND TIME on the 30th of October, 2012.
READ A THIRD TIME on the 30th of October, 2012.
RECONSIDERED, FINALLY PASSED and ADOPTED by the Municipal Council of the
Town of Lake Cowichan on the 27th day of November, 2012.
________________________
________________________
Ross Forrest
Joseph A. Fernandez
Mayor
Corporate Officer
I hereby certify the foregoing to be a true and correct copy of "Town of
Lake Cowichan Parks Regulation Bylaw No. 919-2012" as adopted on the
27th day of November, 2012.
Corporate Officer