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THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 4672
(**Amended by Bylaw No, 4712)
FOR CONVENIENCE USE ONLY TO JUNE 11, 2018
A Bylaw for the control of Public Parks and Beaches
The Municipal Council of The Corporation of the District of Oak Bay, in open meeting
assembled, enacts as follows:
Interpretation
1.
(1)
In this Bylaw, unless the context otherwise requires:
"Corporation" shall mean The Corporation of the District of Oak Bay;
"Council" shall mean the Municipal Council of the Corporation;
"Commission" means the Oak Bay Parks, Recreation and Culture Commission
established by bylaw;
"caretaker" shall mean any employee of the Corporation employed by the Council
as caretaker of any park;
"park" means any parcel, parcels or tract of land or, where applicable, foreshore or
land covered by water, dedicated, reserved, zoned, leased or held as a place for the
resort of the public for recreation, air and light;
"Director" means the person appointed by Council as the Director of Parks,
Recreation and Culture, and includes an employee authorized by him or her to act
on his or her behalf.
(2)
Unless the context otherwise requires, wording importing the singular number shall
include the plural, and the converse shall also apply.
Traffic /Parking
2.
(1)
No person shall ride any animal or drive a vehicle, including any bicycle, in any
way to as to obstruct, interfere with, or endanger the lawful uses of the park by
other persons.
(2)
No person shall ride a bicycle in or upon
(a)
Anderson Hill Park, as more particularly shown in bold outline on the plan
attached hereto as Schedule A.1;
(b)
the golf course and chip trail area of Henderson Park, as more particularly
Bylaw No. 4672 (Consolidated)
2
shown in bold outline on the plan attached hereto as Schedule A.2;
(c)
the pathway running from the southerly boundary of the travelled portion of
the Esplanade to the easterly end of Bowker Avenue in the proximity of
Willows Park, as more particularly shown in bold outline on the plan
attached hereto as Schedule A.3;
(d)
Uplands Park, as more particularly shown in bold outline on the plan attached
hereto as Schedule A.4.
3.
(1)
No person shall ride any animal or drive any motor vehicle on any sidewalk,
pathway, turf, or greensward in any park or on any public beach except with the
written permission of the Director.
(2)
This Section shall not apply to any Municipal employee engaged in maintenance
or to a person engaged in rescue, policing, or firefighting.
4.
(1)
No person shall park any motor vehicle or trailer or allow it to remain in any park
except in a portion of a park designated for parking.
(2)
With the exception of a person using a boat-ramp for launching purposes while his
boat is in use in the sea, no person shall park any motor vehicle or trailer in any
park during the hours between 11:00 p.m. and 6:00 a.m.
Damage to Parks
5.
No person shall dig or carry away any of the grass, turf, gravel, earth, sand or rock in or
from any part of any park, or any beach, except under contract with the Corporation.
6.
No person shall damage, break, peel, cut, deface, remove, burn, injure or destroy any of
the trees, shrubs, flowers, roots or grass in any park.
7.
No person shall cut, break, injure, damage, deface, destroy, foul or pollute any park
including, without limiting the generality of the forgoing, any building, structure, fence,
sign, seat, bench, fountain, ornament or thing in or on any park.
8.
No person shall, in any manner, carry or cause to be carried into any park any dead
animal, excrement, filth, dirt, stone, rubbish, waste material, or any offensive matter or
substance whatever, and no person shall commit any nuisance in any park.
9.
No person shall walk or run on the grass or sward of any park when prohibited so to do
by any constable or caretaker, or when prohibited by public notice posted or fence
erected thereon.
10.
No person shall molest, disturb, frighten, injure, trap or snare any bird, animal, or fish in
any park without the written permission of the Director.
Bylaw No. 4672 (Consolidated)
3
Use of Parks
11.
Upon the application of any individual, club, school, association or society, the Director
may permit any portion of any park to be used as a playing ground for playing of any
games, matches, or events referred to in any such application, on such days, during such
hours and under such conditions as the Director shall determine.
12.
No person shall molest, interfere with or disturb the playing of any game, match, or event
in any playing ground or park, permitted by the Director, as hereinbefore provided.
13.
No person shall play any game in or on any park except upon such portions thereof as
may be specifically allotted or designated by the Director for such purpose, and in
accordance with such rules and regulations, and at such times as the Director shall
prescribe, and without limiting the generality of the foregoing, no person shall in or on
any park play golf, lacrosse, shoot an arrow or practice archery, or use any powered
contrivance or equipment, except in areas allotted or designated by the Director for such
purposes.
14.
No person shall, without first obtaining the written permission of the Director, hold or
take part in any procession, march, drill, demonstration, play, ceremony, concert, gather-
ing, meeting or similar thing in or on any park.
15.
(1)
No person shall without first obtaining the written permission of the Director,
operate any amplifying system or loudspeaker in or on any park.
(2)
Permission of the Director granted under this section may contain conditions under
which the use of an amplifying system or loudspeaker may be permitted.
16.
(1)
No person shall
(a)
give private instruction,
(b) operate a recreational program, or
(c) operate, stage, or present a tournament
on or in any park, or in any indoor or outdoor municipal recreation facilities, except
with the written permission of the Director.
17.
No person shall be permitted to use any equipment pertaining to lacrosse, baseball,
softball, football, soccer or golf on any beach within a park from June 1 to September 30,
both inclusive, in each year.
18.
(1)
No person shall operate a power boat, motorized recreational watercraft or sailboat
of any description, on the shore side of the seaward boundary of Water Lot 116,
Victoria District (Willows Beach), leased from the Crown for recreational purposes.
(2)
This Section shall not apply to a person operating a rescue boat, or a boat operating
under the auspices of a boating instruction program operated by the Corporation or
its agents.
Bylaw No. 4672 (Consolidated)
4
19.
No person shall without first obtaining the written permission of Council land, taxi or lift
off any aircraft in or from any park.
Miscellaneous
20.
No person shall store or leave any boat or canoe in any park other than to effect
emergency repairs.
21
Subject to subsection 21.1, no person shall light, ignite or maintain any fire, or permit or
cause any fire to be lit, ignited or maintained, on any part of the foreshore or beach within
the boundaries of The Corporation of the District of Oak Bay.
21.1 The following uses are permitted on any part of the foreshore or beach within the
boundaries of the District:
a)
Natural gas or propane gas fires contained within barbecues, grills or other
outdoor appliances used solely for the purposes of cooking.
b)
Compressed gas appliances listed for outdoor use, provided such appliance is
Canadian Standards Association or Underwriter Laboratory of Canada
approved; and is at all times used in accordance with manufacturers'
instructions.
c)
Outdoor burning appliances may be used at picnic tables located at Willows
Beach Park.
d)
Outdoor burning appliances may only be used from 10:00 a.m. to 10:00 p.m.
21.2 Outdoor burning appliances will not be permitted during the "Tea Party" weekend
or at such other times as deemed necessary and/or appropriate by the Fire Chief or
Director of Parks, Recreation and Culture.
21.3 No outdoor burning appliance shall be permitted when in the opinion of the Fire
Chief the forest fire rating is such that the use of an open flame appliance may be
detrimental to public safety or health.
(**Bylaw No. 4712, adopted June 11, 2018)
22.
(1)
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 a park without first obtaining written
permission from the Director.
(2)
This section shall not apply to signs erected or placed by an employee of the
Corporation acting in the course of his duties.
23.
(1)
No person, without first obtaining the written permission of the Director, shall erect
a tent, building, structure or shelter in or on any park.
(2)
No person shall camp, or take up temporary or permanent abode in or on any park.
Bylaw No. 4672 (Consolidated)
5
Enforcement
24.
Any person guilty of an infraction of any provision of this Bylaw shall be liable on
summary conviction to a penalty not exceeding Two Thousand Dollars ($2000) for each
offence.
Repeals
25.
The following Bylaws are hereby repealed except insofar as they repeal any other Bylaw:
Bylaw No. 3881, "Parks and Beaches Bylaw, 1996 ";
Bylaw No. 3948, "Parks and Beaches Control Bylaw Amendment Bylaw, 1976",
Bylaw No. 4128, "Beach Fire Prohibition Bylaw, 1983",
Bylaw No. 4367, "Parks and Beaches Control Bylaw Amendment Bylaw, 1987"
PROVIDED that such repeals shall not affect any offence committed, or penalty or
punishment incurred, under such repealed Bylaws or any one of them, and any such
penalty or punishment may be imposed as if this Bylaw had not been passed.
Bylaw No. 4672 (Consolidated)
6
General
26.
This Bylaw may be cited as the "PARKS AND BEACHES BYLAW, 2017".
READ a first, second and third time by the Municipal Council on January 23, 2017.
ADOPTED and FINALLY PASSED by the Municipal Council on February 14, 2017.
_______________________________
___________________________________
Mayor Director of Corporate Services
Sealed with the Seal of The Corporation of
the District of Oak Bay