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DISTRICT OF NORTH SAANICH
BYLAWNO. 1470
A BYLAW TO ESTABLISH RULES AND REGULATIONS FOR THE USE OF
PARKS IN THE DISTRICT OF NORTH SAANICH
WHEREAS, pursuant to section 8(3)(a), (5) & (h), 62 and 64 of the Community Charter, the
Council of the District of North $aanich has the authority to regulate, prohibit and impose
requirements in relation to the management of services, public places, nuisances,
disturbances and other objectionable situations;
AND WHEREAS, the Council of the District of North $aanich deems it desirable to
regulate, prohibit and impose requirements in relation to District parks;
NOW THEREFORE, the Council of the District of North $aanich, in open meeting
assembled, enacts the following:
TITLE
1.
This Bylaw may be cited as the "North $aanich Parks Bylaw No. 1470 (2018)".
DEFINITIONS AND APPLICATION
2.
In the Bylaw, unless the context otherwise requires:
(a) "beach" means all shoreline in the District that lies above the high-water
mark;
(b) "Bylaw Enforcement Officer" means a person appointed by the Council of
the District as a Bylaw Enforcement Officer pursuant to section 36 of the
FoliceAct, R.S.B.C. 1996, c. 367;
(c) "dedicated highway" means any portion of a dedicated highway that is not
improved for general vehicular or pedestrian traffic, whether such portion is
naturally vegetated, artificially landscaped or unimproved;
(d) "Director" means the person duly appointed by Council to serve as the
Director of Infrastructure Services and that person's designated
representative;
Bylaw No. 1470
Page 2
(e) "District" means the District of North $aanich;
(f) "event" means any of the following events:
(i) an event of a social, cultural, recreational, religious, sporting or
community nature;
(ii) an event for a community of public celebration;
(iii)a celebration of a family or religious event including, without
limitation, a wedding, wedding anniversary or birthday;
(iv) a competitive event for the evaluation or judging of wine or beer;
(v) an event for the tasting of products of a manufacturer; or
(vi) an event for the tasting of liquor to acquaint the public with products
of a manufacturer;
(g) "homeless persoii" means a person who has neither a fixed address nor a
predictable safe residence to return to on a daily basis;
(h) "park" means all those lands in the District reserved or dedicated as park by
bylaw, or dedicated as park by the deposit of a subdivision or reference plan,
or conveyed in trust to the District for the purpose ofpark use;
(i) "roadway" means that portion of a Park constructed for use by vehicular
traffic, including roads and parking lots;
(I) "temporary overnight shelter" means a tent, lean-to, or other form of
shelter that is temporary and portable in nature and that is constructed from
nylon, plastic, cardboard or other similar rigid or non-rigid material;
(k) "trail" means a paved or unpaved path that is intended for use by non-
motorized vehicles; and
(1) "vehicle" means a conveyance for the carriage of persons and things
whether drawn by animals or propelled by any mechanical, muscular or other
motive power, including bicycles, tricycles, and skate boards.
3.
This Bylaw does not apply to those who are performing duties as District employees.
4.
The Director may post signs or notices in a park, on a beach or trail, or along a
roadway for the purpose of notifying persons of the regulations contained in this or
any bylaw.
Bylaw No. 1470
Page 3
CONDUCT IN PARKS
5.
A person must not do any of the following in a park or on a beach or trail:
(a) cut, break, injure, remove or in any way destroy or damage:
ti)
a tree, shrub, plant, turf, flower or other vegetation; or
tii)
a building or structure of any kind, including a fence, sign, seat,
bench, table, swing, playground equipment, public art or
ornament;
(b) foul or pollute any fountain, pond or natural body of water by depositing or
disposing of any organic waste, garbage, filth or noxious substances of any kind;
(c) paint, deface, destroy or otherwise damage any wall, fence, rock, tree or other
structure;
(d) paint, deface, destroy or otherwise damage any notice or sign that is lawfully
posted; or
(e) dispose of household, yard or commercial waste, including in garbage receptacles.
6.
A person may deposit waste, debris, offensive matter, or other substances, excluding
household, yard, or commercial waste, in a park, at a beach or along a trail only if it
is deposited into receptacles provided for that purpose.
7.
A person may play a game in a park only if that game is played:
(a) in or on a portion of the park that is specially designed for that purpose; and
(b) in accordance with rules and times that are posted in the park.
8.
A person must not disturb, frighten, injure, trap or snare any bird, animal, or fish in
a park.
9.
A person having control of an animal may allow it to run at large in a park only if
that is permitted under "Bylaw No. 751", being the District's Animal Control Bylaw,
as amended or replaced.
10. A person must not light, ignite, or maintain a fire in any Park without first
obtaining a permit.
Bylaw No. 1470
Page 4
11. A person must not conduct themselves in a disorderly or offensive manner, which
may include but is not limited to using profane, obscene, or abusive language, in any
park, at any beach or along any trail.
12. A person must not engage in any activity, which may include but is not limited to
making or causing to be made noise, vibration, odour, dust or illumination that may
obstruct or interfere with other persons who are lawfully using a park, beach or
trail.
13. A person must not play or operate electronic equipment, instruments or other
apparatus for the amplification of sound in a park in a manner that may disturb the
quiet, peace, rest, enjoyment, comfort or convenience of other persons who are
lawfully using the park, beach or trail, unless written permission is obtained from
the Director.
14. A person must not ride, park or operate a vehicle on or over any part of a park, other
than a roadway or designated parking area, unless written permission is obtained
from the Director.
15. A person must not park a vehicle on a roadway between the hours of midnight and
6:00am pursuant to the District's "Streets and Traffic Regulation Bylaw No. 1261,
2012", as amended or replaced.
16. A person, other than a duly authorized officer acting in a lawful capacity, must not,
without written permission of the Director, carry or discharge any firearm, use or
explode any fireworks, or fire or explode any combustible or explosive material in
any park, at any beach or along any trail.
EVENTS IN PARKS
17. A person may only hold an event in a park or on a beach if they have received
written authorization from the Director.
18. A person must not possess, distribute, sell or consume liquor, as defined in the
Liquor Control and LicensingAct (British Columbia), unless the person holds a
Special Event Permit issued pursuant to the Liquor Control and Licensing Act
(British Columbia) and has received written authorization from the Director, and
then may only possess, distribute, sell or consume liquor in accordance with the
Special Event Permit and written authorization.
Bylaw No. 1470
Page 5
19. A person may only undertake commercial activities in a park or on a beach in
conjunction with an event and as authorized by the Director.
STRUCTURES IN PARKS
20. A person may erect or construct, or cause to be erected or constructed, a tent,
building or structure, or other temporary or permanent structure, in a park only as
permitted under this Bylaw, as permitted by the Director pursuant to written
authorization to hold an event, or with the express and prior permission of the
Council.
21. A person may erect a tent or other temporary and portable structure for recreational
use in a park subject to the following restrictions:
(a) the tent or other temporary and portable structure may only be erected
during daylight hours;
(b) the tent or other temporary and portable structure may only be erected for a
maximum of four hours in a 24hour period; and
(c) the tent or other temporary and portable structure must not be fully
enclosed.
TEMPORARY OVERNIGHT SHELTER
22. Where there is no overnight shelter accommodation available within the District or
the vicinity thereof, a homeless person may erect and occupy a temporary overnight
shelter in a park subject to the following restrictions:
(a) temporary overnight shelter must not be erected before 7:00 p.m. in any one
day and must be taken down and removed before 9:00 a.m. on the following
day; and
(b) temporary overnight shelter must not be erected at any time within or upon
any of the following:
(i)
playgrounds;
(ii)
horticultural display areas or gardens;
(iii)
tennis courts, pickleball courts or other sport courts or fields;
(iv)
washroom facilities, picnic shelters or gazebos;
(v)
recreation facilities;
Bylaw No. 1470
Page 6
(vi)
beaches;
(vii)
trails, bridges, boardwalks, docks or wharves; or
(viii)
roadways.
23. Temporary overnight shelter must not be erected on a dedicated highway.
REMOVAL FROM A PARK
24. A Bylaw Enforcement Officer, RCMP officer, or the Director may direct a person to
leave a park if that person is acting in contravention of the Bylaw or any other
enactment.
25. Every person directed to leave a park by a Bylaw Enforcement Officer, RCMP
officer, or the Director must immediately exit the park.
26. Every person directed to leave a park must not return to that park or enter any park
for a period of 48 hours.
ENFORCEMENT
27. Any person who causes, permits or allows anything to be done in contravention or
violation of this Bylaw, or who neglects or fails to do anything required to be done
pursuant to this Bylaw, contravenes this Bylaw and commits an offence.
28. Each day an offence pursuant this Bylaw is caused or allowed to continue
constitutes a separate and distinct offence.
PENALTIES
29. This Bylaw may be enforced by means of a fine imposed pursuant to the "North
$aanich Municipal Ticket Information Bylaw No, 1013 (2002)", as amended or
replaced.
30. Any person who commits an offence pursuant to this Bylaw shall, upon summary
conviction, be liable to a fine and penalty of not more than $10,000 and not less than
$1,000 for each offence.
31. Any penalty imposed pursuant to this Bylaw may be in addition to, and not in
substitute for, any other penalty or remedy imposed pursuant to any other
applicable bylaw, law, statute, or legislation.
Bylaw No. 1470
Page 7
SEVERANCE
32. If any provision of this Bylaw is declared or held to be illegal, invalid, or ultra vires,
in whole or in part, then the provision will not apply and the remainder of this
Bylaw will continue in full force and effect and be construed as if it had been enacted
without the illegal, invalid or ultra vires provision,
READ A FIRST TIME the 3'' day ofDecember, 2018.
READ A SECOND TIME the 3 day of December, 2018.
READ A THIRD TIME the 3 day ofDecember, 2018.
FINALLY ADOPTED the 17th day of December, 2018.
MAYOR
COFF'