Parks Regulations Bylaw No. 448, 2012 (office consolidation)

Lions Bay, British Columbia · No. 448 · adopted 2012-06-19 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 2b61a9bdc570 · verified 2026-10-15 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Lions Bay Parks Regulations Bylaw No. 448, 2012 Office Consolidation This document is an office consolidation of Lions Bay Parks Regulation Bylaw No. 448, 2012 with subsequent amendments adopted by the Village of Lions Bay. All persons making use of this consolidation are reminded that it has no Council sanction, that amendments have been incorporated only for convenience of reference, and that for all purposes of interpretation and application, the original bylaws should be consulted. The Village of Lions Bay will, in no event, be liable or responsible for damages of any kind arising out of the use of this consolidation. This is not the official version of Lions Bay Parks Regulation Bylaw No. 448, 2012, as amended, nor is it admissible in a court of law. For such purposes, official certified copies of the original bylaws can be obtained from the Village Office or by contacting us at: [email protected] List of Amending Bylaws Bylaw No. Section Description Adopted 9 All Repeals bylaw July 6, 1971 247 All Repeals bylaw August 14, 1995 316 All Repeals bylaw December 4, 2000 414 All Repeals bylaw July 21, 2009 439 All Repeals bylaw March 5, 2012 527 2(a) 2(b) 2(c) 2(d) Amends title and citation name of Bylaw Amends the definition of Park Amends list of repealed bylaws Adds the ability for Council to authorize sale of goods in Parks July 4, 2017 Village of Lions Bay Parks Regulations Bylaw 448, 2012 Page 2 2(e) 2(f) 2(g) 2(h) Adds the ability for Council to authorize motor vehicles in Parks Adds the ability for Council to authorize extended hours for Parks Provides for boat storage facility, fees & seizure/sale enforcement Provides for enforcement under Bylaw No. 385 565 3.1 Replaces s.12.3.2 to restrict the flying of gliders and motor driven aircrafts, including drones June 18, 2019 576 2(a) 2(b) 2(c) 2(d) 2(e) 2(f) 2(g) 2(h) Amends the citation of the bylaw Amends the definition of Nuisance Amends the definition of Organized Activity Adds Chief Administrative Officer to the definition of Village Manager Amends the heading Provides for further enforcement in parks and community facilities Expands prohibition dealing with remaining in a park or facility that is closed or restricted Amends prohibition dealing with behavior or conduct which creates/contributes to a nuisance March 26, 2020 Village of Lions Bay Parks Regulations Bylaw 448, 2012 Page 3 Bylaw No. 448, 2012 LIONS BAY PARKS REGULATIONS BYLAW A bylaw to make rules and regulations governing the management, maintenance, improvement, operation, control and use of parks The Council of the Village of Lions Bay enacts as follows: Part 1 Citation 1.1 This bylaw may be cited as Lions Bay Parks Regulations Bylaw No. 448, 2012. [Amended by Bylaw No. 527] [Amended by Bylaw No. 576] Part 2 Severability 2.1 If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid portion must be severed and the remainder of this bylaw is deemed to have been adopted without the severed section, subsection, paragraph, subparagraph, clause or phrase. Part 3 Previous Bylaw Repeal 3.1 Parks Regulation Bylaw No. 9, and the amendment bylaws Nos. 247, 316, 414 and 439 are hereby repealed. [Amended by Bylaw No. 527] Part 4 Definitions In this bylaw: "Beach" means any area covered and uncovered by the ebb and flow of the tide, and any adjacent area which can reasonably be considered part of the beach environment including areas of rock, sand, pebbles, shell, shingle or coastal vegetation. "Enforcement officer" means: 1. every person designated by Council by name of office or otherwise as an enforcement officer for the purposes of administering and enforcing this Bylaw; and 2. a peace officer, including every officer of the Royal Canadian Mounted Police. "Community facility" means a building, recreation or other municipal facility intended for use by the public, including but not limited to, the Village Hall, tennis courts, play structures, washrooms, picnic shelters and other recreation facilities located in a Park or on any other land which the Village owns or controls by means of a lease, license or other legal instrument, that is Village of Lions Bay Parks Regulations Bylaw 448, 2012 Page 4 intended for athletic, social or recreational use by members of the community. "Fire Chief" means the person appointed to such position from time to time or other persons authorized to carry out the duties ascribed to the said Fire Chief. "Fire season" means the time of year declared as "fire season" by the Village Manager or designate. "Foreshore" means any area within the Village along the shoreline between the high and low water marks. "Lions Bay Fire Rescue" means the Fire Rescue Department of the Village of Lions Bay. "Manager Public Works" means the person appointed to such position from time to time or other persons authorized by Council to carry out the duties ascribed to the said Manager Public Works. "Nuisance" means any activity, conduct or condition occurring in a park which substantially and unreasonably interferes with a person's use and enjoyment of the park, including any activity, conduct or condition which results in potential exposure to illness or injury to other persons in a park. [Amended by Bylaw No. 576] "Organized activity" means any activity which involves a group larger than 20 people and which constitutes a nuisance or limits general public access to a park or portion of the park or community facility, or any activity that involves instruction or training for a group larger than 20 people. [Amended by Bylaw No. 576] "Park" means a park or parkland or any real property or interest therein within the Village held or used for pleasure or recreation uses of the public and includes the land held under any lease, including the foreshore and land covered by water granted to the Village by her Majesty the Queen and designated W-2 under Zoning and Development Bylaw No. 520, 2017, and including the forest inside the Village boundary. [Amended by Bylaw 527] "Vehicles" means all conveyances for the carriage or transport of persons, passengers, goods or materials propelled by any mechanical device or other modes of power whatsoever and shall include bicycles and tricycles. "Village Manager" means the Village Manager or Administrator or Chief Administrative Officer of the Village of Lions Bay, and also means the person appointed to the Village Manager or Administrator or Chief Administrative Officer position from time to time, or other persons authorized by Council to carry out the duties ascribed to the said Village Manager or Administrator or Chief Administrative Officer. [Amended by Bylaw No. 576] "Village" means the Village of Lions Bay. Part 5 Preservation of Features Village of Lions Bay Parks Regulations Bylaw 448, 2012 Page 5 5.1 No person shall cut, break, prune, damage, deface, tamper with, destroy, remove, apply graffiti to or burn anything in any park including, without limiting the generality of the foregoing, any building, structure, vegetation, court, fence, swing, notice, seat, bench, ornament, lamp post, turf or thing in or on any park or community facility. 5.2 No person shall molest, disturb, frighten injure, trap, harm, kill or snare any bird or animal in any park, with the exception that authorized Village staff may deal with nuisance animals or birds. 5.3 No person shall foul, pollute, or deposit any matter or thing or otherwise introduce any contaminant onto the land or into any stream, reservoir, creek, pond, ditch, pool or water within a park or community facility. 5.4 No person shall tamper with or discharge or cause to be let out, any water from any reservoir, stream, pond, pool or hydrant in or on any park. 5.5 No person shall climb, walk or sit upon a fence, structure or piece of equipment in any park or community facility, unless the same is designed and intended for such purpose. 5.6 No person shall deposit or dump any garbage, glass, crockery, paper, rubbish, litter, wood, waste or other material whether liquid or solid in or on any park or community facility, except in receptacles provided there for such purpose and then only if there is space in the receptacle for such deposit. 5.7 No person shall dispose of waste generated outside a park or community facility by depositing the waste in a waste receptacle or anywhere else inside any park or community facility. Part 6 Fires and Fireworks 6.1 No person except members of Lions Bay Fire Rescue, acting upon authorization of the Village for community events, shall discharge any fireworks, combustible or explosive matter in a Park or community facility. 6.2 No person except members of Lions Bay Fire Rescue, acting upon authorization of the Village for community events, shall cause, permit or allow a fire to burn in a park or community facility 6.3 No person shall use a charcoal or propane fire barbeque or hibachi in any Lions Bay park except in Lions Bay Beach Park and Kelvin Grove Beach Park. 6.4 No person shall dispose of used embers, coals or by-products of privately-owned barbecues on municipal property. 6.5 No person shall place or throw any lighted match, cigar, cigarette or any burning substance or thing in or on any park. The Fire Chief may prohibit smoking in any park or Community facility at any time by posting a no-smoking order at the entrance to the park or community facility. 6.6 The Fire Chief may declare, in writing, any park or trail, or part of a park or trail to be a fire risk. If the Fire Chief makes such a declaration, then no person except Village employees in the performance of their duties shall enter that trail or park. Village of Lions Bay Parks Regulations Bylaw 448, 2012 Page 6 Part 7 Commercial Services and Activities 7.1 No person shall sell, exchange, barter or expose or display for sale any goods, offer any service or carry on any commercial undertaking whatsoever in a park or community facility, except as part of a community event, or as authorized under the Village Filming policy, or as specifically authorized by Council for specific locations, dates and times. [Amended by Bylaw No. 527] 7.2 No person shall post, paint, or affix any advertisement, bill, poster, handout, picture, matter 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, or operate or station any motor vehicle displaying advertising or equipped with a public address system in a park or community facility for the purpose of advertising, promoting, demonstration or attracting attention. This section shall not apply to persons supporting a community event and to Village employees acting in the performance of their duties, or in support of community events. 7.3 No person shall operate or use any amplifying system or loudspeaker in or on any park. This section shall not apply to persons supporting a community event and to Village employees acting in the performance of their duties, or in support of community events. Part 8 Community Facilities Rental 8.1 No person or group shall use a park, or any portion of a park, or a community facility, for an organized sport, organized activity, special event, ceremony, or ancillary activity unless that person has notified the Village office to ascertain whether a valid Community Facilities Rental contract is required, and has obtained such a contract if it is required. Fees, requirements and guidelines used shall be those established in the Recreation Operations Manual approved by Council. Part 9 Motor Vehicles, Devices and Machinery 9.1 No person shall use any motorized boat, water sled, water skis or other water borne contrivance or thing propelled by a motor, for recreational purposes, within two hundred metres (200 m) of any park or beach. Boats accessing an anchor buoy are exempted from this provision, but must proceed at the boat's dead slow speed. 9.2 With the exception of a Lions Bay enforcement officer and other Village staff, no person shall drive or park a motorized vehicle, in any park, or use any motorized devices or machinery in any park, except as specifically authorized by Council for specific locations, dates and times. [Amended by Bylaw No. 527] 9.3 The Village Manager or an enforcement officer may remove, or cause to be removed any unauthorized motor vehicles, devices or machinery from any park. Part 10 Hours and Closures or Restrictions of Public Use of Parks [Amended by Bylaw No. 576] Village of Lions Bay Parks Regulations Bylaw 448, 2012 Page 7 10.1 No person, except authorized Village personnel, shall enter or remain within any park for any purpose whatsoever during the hours when the park is closed as indicated by posted notice, or where no hours are posted, between 10:00 pm and 8.00 a.m., except in the case of a community event or as specifically authorized by Council. [Amended by Bylaw No. 527] 10.2 The Village Manager may, at any time, by written order posted at the park or community facility, close or restrict any park or community facility, or part thereof, to the use of the Public, or restrict the number of persons in the park at any given time, or the hours of opening and closing of any park or community facility if, in the Village Manager's opinion, such closure or restriction is necessary to prevent or assist the prevention of a breach of the peace or threat thereto, or other violation of provincial or federal law or public health order, or to protect members of the public from illness or injury from any cause, or injury or damage when works of maintenance or repair are being carried on by Municipal employees or contractors, or in the event of a natural disaster or possibility thereof. [Amended by Bylaw No. 576] 10.3 No person shall enter or remain in any park or community facility, or portion thereof, which has been posted as closed to public access by the Village Manager, and no person shall exceed any restriction to public use of or access to any park or community facility posted by the Village Manager. [Amended by Bylaw No. 576] Part 11 Behaviour and Conduct 11.1 No person shall by their activity, conduct or condition create or contribute to a nuisance in any park or community facility. [Amended by Bylaw No. 576] 11.2 No person shall obstruct the lawful use and enjoyment of any park or community facility by any other person. 11.3 No person may refuse to comply with the direction of any enforcement officer. 11.4 No person shall obstruct or delay, or cause to be obstructed or delayed, any official, employee, agent, enforcement officer, or contractor of the Village in the exercise of any of lawful duties. 11.5 No person shall urinate or defecate in a park, except in a park washroom 11.6 No person shall smoke in any park or trailway. 11.7 No person shall play amplified music in any park, or public trail, or other way open to public use, except as permitted under Part 8 - Community Facilities Rental Part 12 Permitted Uses 12.1 No person shall store boats, canoes, kayaks, trailers or other watercraft or things, on a beach or foreshore in any park. Village of Lions Bay Parks Regulations Bylaw 448, 2012 Page 8 12.2 No person shall erect any tent, building, shelter or other structure or works, sleep overnight, or occupy a vehicle, trailer or camper for overnight camping, temporary or permanent, in or on any park. 12.3 No person shall do any of the following in any park: 1. play golf or strike a golf ball; 2. fly any motor driven glider or aircraft, including a drone; 3. shoot an arrow or practice archery; or 4. play or participate in paint-ball. [Amended by Bylaw No. 565] 12.4 Storage Facilities 1. The Village is authorized to establish storage facilities for canoes, kayaks, and other non- motorized water craft within a Park or Community Facility; 2. The Village may charge a fee for this service in accordance with Fees Bylaw No. 497, as amended; 3. The Village Manager is authorized to create procedures and policies to administer the storage facility and associated fees and may seize any water craft or thing unlawfully occupying the storage facility; 4. The Village, through the Village Manager, may recover those fees from the owner of the water craft or thing, including by sale of the water craft or thing if the owner refuses to pay or cannot be identified after reasonable efforts and the Village relies on the powers granted under the Community Charter and the Disposal of Property in Police Possession Regulation." [Amended by Bylaw No. 527] Part 13 Loss of Access Rights 13.1 Where the Village Manager or an enforcement officer is of the opinion that a person or group within a park or community facility is contravening any provisions of this or any other Bylaw, that person or group: 1. must cease contravening the provision of the Bylaw or other enactment; 2. may be required by the Village Manager or designate or an enforcement officer to leave the park or community facility; 3. may, on written notice from the Village Manager or designate, forfeit their right of access to the park and/or community facility for a period of time stipulated in writing by the Village Manager, but not to exceed 60 days. Part 14 Penalty and Enactment 14.1 Every person who violates a provision of this bylaw, or who consents, allows or permits an act or thing to be done in violation of a provision of this bylaw, or who neglects or refrains from doing Village of Lions Bay Parks Regulations Bylaw 448, 2012 Page 9 anything required by a provision of this bylaw, is guilty of an offence and is liable, upon summary conviction, to a fine not exceeding $10,000 and not less than $2,000, and is guilty of a separate offence each day that a violation continues or exists, unless the Village elects to proceed under the Bylaw Notice Enforcement Bylaw No. 385, 2006, as amended, in which case any violation of or failure to act under this bylaw shall constitute a bylaw contravention rather than an offence." [Amended by Bylaw No. 527] READ A FIRST TIME on May 22nd, 2012 READ A SECOND TIME on May 22nd, 2012 READ A THIRD TIME on June 4th, 2012 ADOPTED by the Council on June 19th, 2012 Mayor Acting Corporate Officer Certified a true copy of Bylaw 448, 2012 as adopted Acting Corporate Officer