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VILLAGE OF PEMBERTON
PARKS AND PUBLIC SPACES USE
BYLAW NO. 797, 2016
Fourth & Final Readings
February 16th, 2016
OFFICE CONSOLIDATION: August 26, 2021
This document is an office consolidation of the Village of Pemberton Parks and Public Spaces Use
Bylaw No. 797, 2016 (adopted February 16, 2016) and subsequent amendments adopted by Village
Council as noted below:
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 bylaw should be consulted.
The Village of Pemberton will, in no event, be liable or responsible for damages of any kind arising from
the use of this consolidation.
This is not the official version of the Village of Pemberton Parks and Public Spaces Use Bylaw No. 797,
2016, nor is it admissible in a court of law. For such purposes, official certified copies can be obtained
from the Village Office or by contacting us at: [email protected].
Parks and Public Space Use Bylaw No. 797, 2016 (CONSOLIDATED July 12, 2022)
Page 2 of 11
Bylaw No
Section Amendment
Council Meeting
Date
Parks and Public Spaces Use
Amendment (Powers of
Manager) Bylaw No. 876, 2020
Section 22 - addition of sub-clause
(t)
Section 26 - replacement of 26.1
Special Council
Meeting No. 1511
March 31, 2020
Fees and Charges Bylaw No.
905, 2021
Deletes Schedule A and replaces
all references to Schedule A with
references to Fees and Charges
Bylaw No. 905, 2021
Regular Council
Meeting No. 1543
July 27, 2021
Parks and Public Spaces Use
Amendment (Household Waste)
Bylaw No. 915, 2021
Part 2, Definitions - adds definition
of "park"
Part 7, Pollution of Public Spaces
and Streams - adding prohibition of
disposing of household waste in a
public waste receptacle.
Regular Council
Meeting No. 1550
November 16,
2021
Parks and Public Spaces Use
Amendment (Public Spaces
Definition) Bylaw NO. 932, 2022
Section 2.1, strikes out definition of
public spaces and replaces with a
new definition.
Regular Council
Meeting No. 1565
July 12, 2022
Parks and Public Space Use Bylaw No. 797, 2016 (CONSOLIDATED July 12, 2022)
Page 3 of 11
VILLAGE OF PEMBERTON
BYLAW No. 797, 2016
A BYLAW TO REGULATE AND GOVERN THE USE OF PARKS AND PUBLIC SPACES
WHEREAS the Community Charter Section 8 (3) authorizes Council to regulate public spaces
by Bylaw;
AND WHEREAS Council for the Village of Pemberton is empowered to make rules and
regulations governing the management and use of parks and public spaces acquired or held
by the Village for its purpose;
AND WHEREAS the general welfare of the community is enhanced by the regulation and use
of the Village's parks and public spaces.
NOW THEREFORE the Council of the Village of Pemberton, in open meeting assembled,
enacts as follows:
1. Citation
This Bylaw may be cited for all purposes as "Parks and Public Spaces Use Bylaw No.
797, 2016".
2. Definitions
In this Bylaw, the following terms have the following meanings:
"Application" means the application for a Park and Public Space Use permit made
in the form(s) established and prescribed by the municipality.
"Beach" means an area adjacent to the shore of a lake, pond, stream or river
normally used for swimming and similar aquatic exercises or for sunbathing;
"Cycle" means a device having any number of wheels, which is solely propelled by
human power and upon or in which a person may travel;
"Commercial Event" means an event organized by a business for the purpose of
profit or gain. Commercial events include, but are not limited to, providing of a
professional service, an industrial or commercial undertaking of any nature,
commercial filming and any events where tickets are sold for profit. Commercial
event organizers must hold a valid Village of Pemberton business licence.
"Fees and Charges Bylaw" means Village of Pemberton Fees and Charges Bylaw
No. 905, 202, as amended or replaced from time to time. (Amendment Bylaw No. 905,
2021)
Parks and Public Space Use Bylaw No. 797, 2016 (CONSOLIDATED July 12, 2022)
Page 4 of 11
"Highway" includes every highway within the Village of Pemberton and within the
meaning of the Highway Act; and every road, street, lane, alley and right-of-way
designed or intended for or used by the general public for the passage of vehicles,
and every place or passage way to which the public, for the purpose of parking or
servicing of vehicles, has access or is invited; and every place or passage way
owned or operated by the Village of Pemberton for the purpose of providing off-street
parking.
"Manager" means the Chief Administrative Officer and his delegates;
"Not-for-Profit Event" means an event organized by a not-for-profit organization,
registered society, or person, that does not generate revenue or that generates
revenue exclusively to support not-for-profit organization(s) or is generated to sustain
the event.
"Park" means any improved Public Space and, without limitation, includes the
following: parks, playgrounds, green space, paths, trails, campgrounds, and sport
fields under the care and management of the Village. (Amendment Bylaw No. 915, 2021)
"Permit" means the Park and Public Space Use Permit as established and
prescribed and issued by the municipality;
"Person" means any individual, association, firm, partnership, corporation, agent or
trustee and the heirs, executors, or other legal representatives of a person to whom
the context can apply according to law;
"Public Spaces" means:
(a) a park or parkland, public space, highway, or any real property or interest
therein within the Village or held by the Village;
(b) land held under any lease of the foreshore and land covered by water granted
to the Village by Her Majesty the Queen; or
(c) the forest inside the Village boundary;
held or used for pleasure, recreation, or community uses of the public, whether or
not the land is identified by signage or any other device. (Amendment Bylaw No. 932,
2022)
"Recurring Event" means an event that occurs repeatedly with prescribed activities
of an identical nature. Examples of recurring events include, but are not limited to,
markets, fundraising events for a specific organization and scheduled training or
recreation activities.
"Village" means the Village of Pemberton;
Parks and Public Space Use Bylaw No. 797, 2016 (CONSOLIDATED July 12, 2022)
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3. Application of Bylaw
The provision of this Bylaw applies to every Park and Public Space within the Village.
(Amendment Bylaw No. 905, 2021)
4. Protection of Plants
No person shall cut, break, remove or in any way destroy or damage any tree, shrub, plant,
turf or flower.
5. Damage to Buildings
No person shall damage or deface any building, structure, fence, sign, seat, bench or
ornament of any kind and, without limiting the foregoing, no person shall place graffiti on
walls, fences or elsewhere on or adjacent to a public space.
6. Walls and Fences
No person shall climb, walk, sit, cycle or skate upon any wall, fence or other structure not
intended for that use.
7. Pollution of Public Spaces & Streams
7.1. No person shall foul or pollute any area of water or land, including a ditch, stream storm
drain, lake or pond.
7.2. No person shall access or trample the riparian edge of any stream, pond or lake unless
that area is designated as an access point.
7.3. 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 public space, except
in receptacles provided there for such purpose.
7.4. No person shall dispose of waste generated outside a public space by depositing the
waste in a waste receptacle or anywhere else inside or on any public space.
7.5. No person shall dispose of household waste in public waste receptacles. (Amendment
Bylaw No. 915, 2021).
8. Protection of Grass
No person shall cross, travel on, use or walk upon any grassed plot or land where signs
have been posted forbidding such use.
Parks and Public Space Use Bylaw No. 797, 2016 (CONSOLIDATED July 12, 2022)
Page 6 of 11
9. Protection of Animals
No person shall tease, molest, or injure any animal, bird or fish or throw any substance at
or near such creatures in such way as to cause them alarm or possible injury, unless
permitted under provincial or federal fishing or wildlife regulations.
10. Obstruction of Others
10.1 No person shall obstruct the free use and enjoyment of a public space by any other
person.
10.2 No person shall fish or play ball, or any game, or throw any object or thing so as to
molest or interfere with or become a nuisance to the general public.
10.3 No person shall hinder, deter or interrupt any person in the exercise of any of his or
her duties in charge of any organized recreation or maintenance authorized by the
Village.
11. Livestock
No person shall bring in or ride any horses or livestock, except where horseback riding is
permitted in areas specifically designated for that purpose.
12. Fires
12.1. No person shall throw any lighted match, cigar, cigarette or similar thing or any
burning substance or dispose of it without first extinguishing it.
12.2 No person shall make a fire without obtaining a valid Village of Pemberton Fire Permit.
12.3 No person shall leave a fire unattended.
12.4 No person shall make a fire that exceeds the size of fire prescribed by the Provincial
Government.
13. Activities
No person shall undertake of the following activities except in such areas and at such times
specifically allotted or designated for that purpose:
- Playing golf or striking a golf ball;
- Shooting an arrow or practicing archery;
- Flying any glider or motor driven model aircraft;
- Launching any power rocket;
- Landing any hang glider, parachute, paraglider, or human carrying kite.
Parks and Public Space Use Bylaw No. 797, 2016 (CONSOLIDATED July 12, 2022)
Page 7 of 11
14. Poster
14.1
No person shall post, paint or affix any advertisement, bill, poster, picture, matter
or thing on any tree, post, pole, building, structure or thing EXCEPT on kiosks or
notice boards specifically designated for that purpose. This section shall not apply
to material erected or placed by the Manager for the purpose of conveying
information on park or recreation matters or controlling activities within public
spaces.
14.2
No person shall engage in the distribution or delivery of commercial advertising
material unless the person has been issued a Park and Public Space Use Permit
by the Village that includes those permissions.
15 Vehicles
15.1 No person shall ride, drive or lead any animal or drive or propel any cycle or motor
vehicle in such a manner as to disturb the enjoyment of any person, or to cause
injury or damage to any person, animal or property.
15.2 No person shall operate a motor vehicle except on a roadway
15.3 No person shall park or stop a motor vehicle except in an area designated for vehicle
parking.
16 Dog Restricted Areas
16.1 Persons having the custody, care or control of any dog, other than a certified service
dog, shall be permitted to bring or have the dog in any park except the following
areas:
a. The main One Mile Lake Park sand beach area between the 1st of May and
the 30th day of September in each year;
b. Waterfowl nesting sites and streams; and
c. Inside any building, washroom or concession.
16.2 Persons having the custody, care or control of a certified service dog or other
working dog shall be permitted to bring or have the dog in any park, public space or
public facility in a public space.
17 Competitions and Instructions
No person shall conduct private instruction or hold a tournament, competition, exhibition,
demonstration or series of games with participant member in excess of 10, or for
commercial purposes, in any part of a park unless the person has been issued a Park and
Public Space Use Permit by the Village that includes those permissions.
Parks and Public Space Use Bylaw No. 797, 2016 (CONSOLIDATED July 12, 2022)
Page 8 of 11
18 Tents
No person shall erect any tent, building, shelter or other structure or works or take up any
temporary abode, unless the person has been issued a Park and Public Space Use Permit
by the Village that includes those permissions.
19 Loudspeakers
No person shall operate or use any amplifying system or loudspeaker unless the person
has been issued a Park and Public Space Use Permit by the Village that includes that
permission.
20 Commercial Operations
No person or group shall operate a commercial business or utilize any public spaces for a
portion of business except as part of a community event, or as authorized by the Village.
This includes, but is not limited to, the sale of any refreshment, goods, article or thing or
offer any service for a fee in or on any public space. All such operations must conform to
all bylaws of the Village and have a valid Business Licence.
21 Payment of Fees (Amendment Bylaw No. 905, 2021)
a. If required by this Bylaw, a person shall not use any court, green, ground, lawn,
or facility without first having obtained a Park and Public Spaces Use Permit and
having paid to the Village all applicable fees and charges.
b. Fees and charges for services that may be or are provided under this Bylaw shall
be payable as set out in the Fees and Charges Bylaw.
22 Powers of the Manager
The Manager may from time to time do the following in relation to public spaces:
a. Authorize a public space or any part of it to be closed to free public use and may
grant a Park and Public Spaces Use Permit to any person, club or organization
upon payment of the applicable fee;
b. Temporarily close any public space or part of it for the use of the public if, in his
opinion, such closure is necessary to prevent or assist in the prevention of a
breach of the peace or threat of it, or other violation of the criminal law;
c. Temporarily close any portion of a public space to public use for the purposes of
construction, maintenance, repairs, removal of hazards, filming, a commercial or
not-for-profit event or other reasonable cause;
Parks and Public Space Use Bylaw No. 797, 2016 (CONSOLIDATED July 12, 2022)
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d. Temporarily close any portion of a public space to public use in the case of
emergency or apprehended emergency including fire hazard or health and safety
reasons;
e. Designate areas for climbing, walking, cycling, skating, games, swimming,
boating, landing non-motorized soft winged aircraft and other activities of the
public;
f. Designate areas for motorized vehicle travel and vehicle parking and stopping;
g. Designate areas at which persons may access streams, ponds and lakes;
h. Designate areas for the protection of grass and grounds;
i. Designate areas for horseback riding;
j. Designate areas for overnight camping;
k. Designate areas for fire pits and barbecues;
l. Establish kiosks and notice boards for the posting of notices;
m. Establish a public space or part of a public space as an off leash area for dogs;
n. Establish public spaces or parts of public spaces and hours where dogs are
restricted;
o. Establish hours for the daily opening and closing of public spaces;
p. Issue Park and Public Space Use Permits;
q. Issue Permits for the sale of goods;
r. Make incidental rules and regulations not inconsistent with this Bylaw; and
s. Waive public space use fees for not-for-profit groups, school related activities,
and other government events based on guidelines established in the Village of
Pemberton Community Enhancement Fund grant-in-aid.
t. Make rules temporarily closing or restricting access to parks or recreational
facilities or providing for rules of behaviour within such parks or recreational
facilities as may be considered advisable or necessary to address public health
and safety concerns or to respond to public health emergencies, where rights of
public access and gathering must temporarily be limited or restricted. (Amendment
Bylaw No. 876, 2020)
Parks and Public Space Use Bylaw No. 797, 2016 (CONSOLIDATED July 12, 2022)
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23 Rules and Regulations
No person shall violate any provision of this Bylaw or any parks rule, regulation, or notice
of the Village or the Manager.
24 Parks Officials
No person shall obstruct or cause to be obstructed, any official employee, agent or
contractor of the Village in the exercise of any of his lawful duties.
25 Inspection
Council hereby authorizes its officers, employees and agents to enter at all reasonable
times on any public space property to ascertain whether the requirements of this Bylaw
are being met and regulations observed.
26 Offence
26.1 Every person who offends against any provision of the Bylaw, or who suffers or
permits any act or thing to be done in contravention or violation of any provision of
this Bylaw, or who does any act or thing which violates this Bylaw, shall be deemed
to be guilty of an offence against this Bylaw and shall be liable for any reasonable
costs for reparation and to the penalties imposed under the Municipal Ticket
Information Bylaw and the Bylaw Notice Enforcement Bylaw, amendments and
replacements thereof. (Amendment Bylaw No. 876, 2020)
26.2 Every day that the offence continues is deemed to be a separate offence.
27 Captions
The captions in this Bylaw are inserted for convenience of reference only and they are not
intended to limit this Bylaw or assist in its interpretation.
28 Interpretations
References in this Bylaw to the singular include the plural and references to the masculine
include the feminine or body corporate, where the context so allows.
29 REPEAL
The "Village of Pemberton Park Use Bylaw No. 707, 2012" and "Village of Pemberton Park
and Public Spaces Use Permit (Fee Structure Amendment) Bylaw No. 791, 2015" are
hereby repealed.
Parks and Public Space Use Bylaw No. 797, 2016 (CONSOLIDATED July 12, 2022)
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READ A FIRST TIME this 2nd day of February, 2016.
READ A SECOND TIME this 2nd day of February, 2016.
READ A THIRD TIME this 2nd day of February, 2016.
ADOPTED this 16th day of February, 2016.
____________________ ____________________
Mike Richman
Sheena Fraser
Mayor
Corporate Officer