Port Alberni, British Columbia
· No. 5121
· adopted 2025-02-24
· summary & facts
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CITY OF PORT ALBERNI
BYLAW NO. 5121
WHEREAS Council may, by bylaw, establish rules and regulations for managing, maintaining,
improving, and operating City of Port Alberni parks and public places for the pleasure,
recreation, or community use of the public;
AND WHEREAS Council may, by bylaw, regulate, prohibit and impose requirements with
respect to services, nuisances, disturbances and other objectionable situations;
AND WHEREAS Council wishes to protect and enhance recreational areas, preserve natural
and environmental conditions, and ensure safety and enjoyment while preventing conflicts
within City parks and public places; ’
NOW THEREFORE, THE MUNICIPAL COUNCIL OF THE CITY OF PORT ALBERNI, IN
OPEN MEETING ASSEMBLED, ENACTS AS FOLLOWS:
1. Title
1.1 This bylaw may be known and cited for all purposes as: “Parks and Public Places
Bylaw No. 5121”.
2. Repeal ?
2.1 Upon effect of Bylaw No. 3611, “Parks Regulation Bylaw’, shall be hereby repealed.
3. Definitions
3.1 In this bylaw the following terms have the following meanings:
“abutting” means on the front, back, or sides of a property parcel.
“poulevard’ means the area between the curbs, lateral lines, or the shoulder of a street
and the adjacent property line, including sidewalks.
“business” means the carrying on of a commercial or industrial undertaking of any kind
or nature, or the providing of professional, personal or other services, but does not
include an activity carried on by the government, its agencies or government owned
corporations.
“Bylaw Enforcement Officer’ means every person employed by the City of Port Alberni
for the purpose of enforcement of the City's bylaws and includes members of the RCMP
and Peace Officers.
“camping equipment’ includes portable cooking equipment, sleeping bags or rolls,
backpacks or packsacks, tents, tarps or lean-tos.
“campfire” means a small contained outdoor fire, not exceeding 0.5 metres in height and
Page 1 of 26
0.5 metres in width, and used for cooking, ceremonial purposes, or social enjoyment.
“campfire apparatus” means a portable free-standing fireplace that burns liquid,
gaseous, or solid fuel, is designed to provide ambiance and heat, and has a flame
usually open to the elements but may have a grate on the top to assist with cooking
food,
“campfire ban” means a ban implemented by the Government of British Columbia to help
prevent human-caused wildfires and to help protect public safety.
“campsite” includes any place of temporary abode where camping equipment is used.
“City’ means the City of Port Alberni.
“combustible materia? means any material capable of being ignited.
“commercial dog walker’ means a person who operates a business or commercial
enterprise in which the primary service provided is the walking of one or more dogs.
“controlled substance” means a controlled substance as defined in the Controlled Drugs
and Substances Act, SC 1996 c 19, as amended, but does not include a controlled
substance permitted under that Act.
“deposit includes, bury, scatter, set, place, pitch, abandon, toss, drop, throw, dump,
leak, or otherwise dispose of.
“dog owner’ means any person to whom a license for a dog has been issued pursuant to
the City of Port Alberni Animal Control and Pound Bylaw, as amended, and who owns, is
in possession of, or has the care and control of a dog.
“dog park’ means an area designated by the City that allows for the exercising, training,
or companionship of dogs either on or off leash, as signed.
“drug paraphernalia” means equipment, product or accessories intended or modified for
using a controlled substance.
“fight? means a violent physical confrontation between two or more people.
“Fire Chief means the head of the Fire Department or their designated representative
and includes the Deputy Fire Chief.
“Fire Depariment’ means the City of Port Alberni Fire Department.
“fuel break” means a barrier or a change in fuel type or condition, or a strip of land that
has been modified or cleared to prevent fire spread.
“highway” means the same as defined in the Transportation Act, SBC 2004, c 44, as
amended.
“liquor’ means, subject to the Liquor Control and Licensing Regulation, BC Reg
244/2002, as amended, beer, wine, spirits or other product that is intended for human
Page 2 of 26
consumption and that contains more than 1% alcohol by volume.
“litter’ means debris, rubbish, refuse, garbage or waste matter of any kind whatsoever
and without limiting the generality of the foregoing shall include animal carcasses and
droppings, ashes, bottles, cans, cartons, construction materials, discarded appliances,
clothing, furniture and household effects, inoperative mechanical equipment, kitchen
wastes, lumber, packing materials, paper, soil, tree trimmings, pruned branches,
clippings, garden waste, stumps, branches, automobile parts.
“Manager” means the Manager of Parks or their designated representative.
“mobile vendor’ means a person who, from a motor vehicle, trailer or cycle, as defined or
licensed under the Mofor Vehicle Act, RSBC 1996, c 318, as amended, offers for sale
food or merchandise, or who advertises or takes orders for goods or services.
“mobility aid’ means a device, including a manual wheelchair, electric wheelchair and
scooter, that is used to facilitate the transport, in a normally seated orientation, of a
person with a physical disability.
“natural park feature” means a tree, shrub, herb, flower, grass, turf, or other plant or
fungus and all soil, sand, silt, gravel, rock, mineral, wood, fallen timber, or other park
resource.
“nuisance” means any activity or action which interferes with the use and enjoyment,
comfort or convenience of the public place by other persons.
“off road vehicle” means any off road motorcycle, all-terrain vehicle, snowmobile, tracked
vehicle, dune buggy, go cart, golf cart or any similar vehicles, but excludes a mobility
aid.
“outdoor sfove” means a cooking fire ignited in a barbecue cooking device that uses
liquid fuel, gaseous fuel, or briquettes, and is CSA-approved or ULC-approved for
outdoor use.
“park/facility’ means land acquired, reserved or dedicated as a regional park or
community park in accordance with the Local Government Act, RSBC 2015, c 1, as
amended, or the Community Charter, SBC 2003, c 26, as amended, and land dedicated,
owned, controlled, or used by the City as a public park, beach, dock, pier, sports field,
playground, cemetery, trail, garden, square, plaza, outdoor sport court, swimming pool,
park shelter or recreational facility, and includes all buildings and other improvements
upon such land.
“public place” means the following:
(a) real property of portions of real property to which the public is ordinarily invited or
permitted access and, for greater certainty, shall include highways, sidewalks,
streets, any portion of a road allowance, parking lots, city facilities, and conservation
areas;
(b) parkAacility; and
(c) any other place to which the public has either express or implied access.
“person” includes any corporation, society, firm, partnership, association or party.
Page 3 of 26
“person experiencing homelessness” means a person with no fixed address or no
predictable residence to return to on a daily basis and no access to public shelter
facilities.
“portable structure” means a free standing, non-permanent structure that can be erected,
taken down, and relocated without the need for tools for construction or deconsiruction
of its constituent elements, such as a tent.
“property return facility’ means a location designated by the Manager or City staff where
members of the public can go to request the return of property that the City has
removed, seized, or impounded from a public place.
“retained property’ means any property or thing that is removed, seized, or impounded
by the City that is not disposed of as rubbish.
“rubbish” means any item that, in the opinion of the Manager or City staff:
(a) is damaged, soiled, manufactured for single use, or perishable to the extent that it
cannot reasonably be used;
(b) contains or appears to contain a noxious or hazardous substance; or
(c) has negligible to no resale value.
“sharps” means hypodermic needles, broken glass, or other material with edges sharp
enough to break or puncture skin.
“sidewalk” means the portion of a street, improved for the use of pedestrians, between
the curb lines or the lateral lines of a roadway and the adjacent property lines.
“smoke” or “smoking” means to inhale, exhale, burn or carry a lighted cigarette, cigar,
pipe, hookah pipe, electronic cigarette, or other smoking equipment, that burns or
vaporizes tobacco, marijuana or any other substance.
“streef’ includes highway, public road, bridge, viaduct, alley, right-of-way, sidewalk, and
multi-use pathway, and any other way normally open to the use of the public but does
not include a private right-of-way or private property.
“street garden” means a garden located on green areas in a public place such as a
boulevard, street circle, or street-corner bulge, which is planted and maintained by
community members for food or ornamental purposes.
“temporary shelter’ means a structure, improvement, shield or cover used or intended to
be used to house or protect people or things, and includes a teni, tarp, lean-to or other
shelter made of cardboard, tarpaulin, canvas, nylon, polyester, plastics, metal, logs,
brush, branches, or other materials or things.
“traffic control device” means a sign, signal, line, meter, marking, place, barrier or device
consistent with the Mofor Vehicle Act, RSBC 1996, c 318, as amended, placed or
erected by authority of the City or a person authorized by Council under an enactment to
exercise that authority.
“trai? means any passageway where the public has access or is invited for the purpose
of providing for pedestrian traffic and human powered devices, excluding vehicles.
Page 4 of 26
4.2
4.3
4.4
“vehicle” means a device in, upon, or by which, a person or thing is, or may be,
transported or drawn upon a sfreet or other land surface, except a device designed to be
moved by human power, and excludes off road vehicles.
“vicious dog” means a dog with a known tendency, propensity, or disposition to attack
animals or humans without provocation.
Application and Powers of Manager
This bylaw shall apply to every park/facility and public place within the boundaries of the
City of Port Alberni.
Notwithstanding anything contained in this bylaw or any other bylaw of the City to the
contrary, the following shall be exempt from the provisions of this bylaw:
(a) an officer, official, employee or agent of the City, while acting in the exercise and
within the scope of their duties;
(b) a provincially designated arterial highway, as defined in the Transportation Act, SBC
2004, c 44, as amended; and
(c) land held by the Province of British Columbia as a park or public open place.
Council delegates their powers under Section 15 of the Community Charter, SBC 2003,
c 26, as amended, to the Manager. As per Section 156 of the Community Charter,
Council may overturn a delegated decision made under this section upon appeal or
otherwise.
The Manager may:
(a) designate certain areas of a park/facility for a specific use and prescribe certain rules
and regulations for the use;
(b) establish hours for the daily opening and closing of a park/facility and temporarily
extend or shorten the set hours;
(c) issue written permission for any recreational activity, tournament, procession, march,
drill, performance, ceremony, concert, gathering or meeting and may charge rent for
the use of any public place or portion thereof as set down in the current City of Port
Alberni Fees and Charges Bylaw, as amended;
(d) upon request, issue a permit for such uses listed in Subsection 4.4(c), such as a
Facility Use Permit, which shall be displayed or produced upon request to any Bylaw
Enforcement Officer or City staff;
(e) require a person to acquire and maintain insurance in an amount and form
satisfactory to the City in respect of an activity upon or use of a park/facility,
Page 5 of 26
4.5
4.6
5.1
5.2
(f) design, construct, modify, and post signs in or around a park/facility; and
(g) place any resirictions and limits as deemed necessary.
The Manager shall not be obliged to issue a permit, and may amend, suspend, revoke,
or refuse to issue such documentation to any person who has contravened any provision
of a previous permit, this bylaw, or any other enactment.
The usage of a public place for a special event must comply with the requirements
outlined in the City of Port Alberni Special Events Policy, including any updates,
changes, or other relevant regulations.
Damage to Environment and Structures
Unless expressly approved by the Manager, a person must not damage or alter any
park/facility through any of the following:
(a) adding or depositing items to these spaces (painted rocks, fairy doors, etc.);
(b) disturb ground which is under repair, prepared for planting, newly seeded or in an
area posted to that effect;
(c) destroy, damage, cut down, top, deface, remove, mark, or adorn any tree or other
natural park feature;
(d) plant any tree, sapling, shrub, flower, or other vegetation, including any plant life or
vegetation that is deemed to be a noxious weed under the Weed Control Act, RSBC
1996 c 487;
(e} gather park/facility wood, logs, branches, or other natural park features, for
unauthorized purposes such as to collect firewood; and
(f) disturb any natural park feature purposely altered by the City and posted to that
effect, such as, but not limited to, trees which have been cut down and left to
naturally decay.
A person must not, in any public place:
(a) cut, break, remove, cover, deface, alter, destroy or damage any:
(i) tree, sapling, shrub, plant, turf, flower, grass or other vegetation, soil, sand,
gravel or wood;
(ii) seat, bench, table, light fixture, fence, gate, lock, screen, ornament, swing, or
playground equipment of any kind, within any park/facility or on any boulevard,
(iii) structure, building or any real or personal property owned, controlled, or used
Page 6 of 26
6.1
7.1
7.2
7.3
74
5
8.1
by the City;
(iv) traffic control device; and
(v) City sign, notice, rule or regulation posted or affixed to anything in or on any
parkAacility or boulevard;
(b) foul, pollute, or deposit any substance, object, or matter in any fountain, lake, pool,
pond, stream or other body of water;
(c) plug, tamper with, or alter any drains or water flow in any park/facilify, such as a
spray park; and
(d) damage or alter any boulevard, including any improvements made thereto.
Restricted Hours
Unless otherwise authorized under this bylaw, no person shall be in a park/facility
beiween 10:00 p.m. on any one day and 5:00 a.m. on the following day, subject to
restricted hours posted through signage or specified by the Manager.
Deposit of Waste
No person shall deposit or cause to be deposited any /itfer in a public place, except in
receptacles approved by the City for that purpose.
No person shall deposit or cause to be deposited any /itter on any street within the City.
No person shall deposit household or business garbage in City receptacles.
Any person who acts contrary to Subsections 7.1, 7.2 or 7.3, or who directs, supervises
or aids another person in acting contrary to Subsections 7.1, 7.2 or 7.3, shall pay all
costs incurred by the City in restoring the site to the state it was in before the
contravention.
For the purposes of Subsections 7.1, 7.2 and 7.3, each separate discarded item shall
constitute a separate offence.
Conducting Business
Unless a person has the written authorization of the Manager and a valid permit allowing
the activity, they must not, in a public place:
(a) sell, barter, or display for sale any goods, services, or materials, including food and
refreshments;
Page 7 of 26
8.2
8.3
9.1
9.2
(b) conduct any business or commercial activity, whether paid for in advance of during,
or after the activity;
(c) post, paint or affix any advertisement, bill, poster, picture, matter or thing, except on
a public bulletin board provided for that purpose by the City; or
(d) operate or station any commercial vehicle or any motor vehicle displaying advertising
or equipped with a public address system for the purpose of advertising, promoting,
demonstrating, or attracting attention.
A person may conduct commercial activities, such as selling food, beverages, or
products, at public events or gatherings only with:
(a) explicit written permission from the Manager, and
(b) full compliance with all current permitting and licensing requirements for mobile
vendors as outlined in the City of Port Alberni Mobile Vending Policy, including any
updates, changes, or other relevant regulations.
A person musi not serve or sell any /iguor at an event at a public piace, unless it is within
a designated licensed area, possessed under and in accordance with a Special Event
Permit (SEP) issued by the Province of British Columbia, and with written permission
from Council.
Fire Safety and Smoking
No person shall kindle, light, maintain, use, build or attempt to build a campfire, fire pit,
or any form of open-air burning, or engage in any form of wood burning, in a manner that
contravenes:
(a) a campfire ban or any other provincial fire restriction that is in effect under the
Wildfire Act, SBC 2004, c 31, at any location in a City park/facility outside the
boundaries of the City;
(b} a Suspension of Outdoor Burning as ordered by the Fire Chief or their designate, at
any location in a park/acifity within the boundaries of the City; or
(c) any applicable requirements under the City of Port Alberni Fire Contro! Bylaw, as
amended or replaced.
The prohibition in Subsection 9.1 does not apply to a person operating an outdoor stove
or portable campfire apparatus which meets the following requirements:
(a) CSA-approved or ULC-approved;
Page 8 of 26
9.3
9.4
9.5
(b) the flame length does not exceed fifteen (15) centimetres;
(c) used in accordance with the manufacturer’s instructions;
(d) powered by liquid fuel or gaseous fuel ;
(e) kept a minimum of one (1) meter away from the nearest structure, property line, tree
or other combustible material;
(f) used under constant supervision; and
(g) if the cooking fire is positioned on the ground, placed on a non-combustible surface
and surrounded by an adequate fue/ break that is free of combustible materials.
Subject to Subsection 9.1, a person is permitted to light or make use of a campfire in a
parkAacility only in strict accordance with the following conditions:
(a) authorized either by signage or Manager permission for such use;
(b} not ignited during strong wind conditions;
(c) kept a reasonable distance away from combustible materials;
(d) if not in a designated, City-installed, campfire ring, a fuel break is maintained by
sufficiently clearing away combustible material down to the mineral soil; and
(e) equipped with a hand tool (such as a shovel) or at least eight (8) litres of water
capable of extinguishing the fire.
No person shall, in any park/acility, leave a fire without ensuring the remaining embers
are extinguished and the ashes are cold to the touch.
No person shall smoke in a public place or on a street, unless that person is on a portion
of sidewalk that is more than:
(a) twenty (20) metres from any park/facility, which includes public places such as
beaches, trails, playing fields, docks, piers, heritage sites, public recreation centres,
arenas, swimming pools, City Hall and other City properties open to the public,
except in a private vehicle;
(b) seven (7) metres from playgrounds or outdoor playing facilities; and
(c) seven (7) metres from any intersection or crosswalk, transit shelter, transit sign,
Page 9 of 26
9.6
9.7
9.8
9.9
10.
10.1
10.2
customer service area (patio), door, window or air intake.
The ceremonial use of fire or tobacco in a traditional First Nation cultural practice, which
may otherwise violate Subsections 9.1, 9.3, and 9.5 of this bylaw and the Fire Control
Bylaw, as amended, may be permitted with written approval from the Fire Department.
No person shall discard or place on the ground, or on or in any combustible material,
any lighted item including a match, cigarette, cigar, pipe, e-cigarette, vapour equipment
or other lighted smoking equipment, burning tobacco, cannabis, or other weed or
substances.
No person shall possess or use any explosive or explosive substance, unless authorized
under the Explosives Act, RSC 1985 c E-17.
A temporary shelter as permitted under Subsection 12.4 must not contain any
unattended campfire, lighted candles, propane lanterns or stoves, or other similar
devices which would contravene the Fire Contro! Bylaw.
Animals
In a public place, every dog owner must:
(a) ensure that the dog does not enter any public place where a City sign specifically
forbids dogs, unless the dog is a certified service animal;
(b) keep the dog on a leash, chain or tether not exceeding 183 centimetres (six feet) in
length, subject to Subsection 10.2;
(c) ensure the dog is under the immediate care and contro! of a competent person at all
times;
(d) immediately remove any excrement/feces and dispose of bags containing pet waste
in a sanitary manner, unless the person is legally visually impaired;
(e) not permit or allow the dog to damage property or vegetation;
(f) not permit or allow the dog to howl or bark excessively;
(g) ensure the dog is not present if it is a vicious dog.
In a designated off-leash dog park, a dog owner (including a commercial dog walker)
may allow their dog to be at large, provided they follow Subsection 10.1 and meet the
following additional requirements:
(a) the dog is closely supervised at all times, and visual sight and verbal control of the
Page 10 of 26
10.3
10.4
10.5
10.6
10.7
10.8
10.9
11.
11.1
dog is maintained at all times;
(b) the dog is legally licensed, wears a current license tag, and has up-to-date
vaccinations as defined by the Canadian Veterinary Medical Association;
(c) the maximum allowance of four (4) dogs per person is not exceeded;
(d) the dog is securely kept on a leash when entering and exiting an off-leash dog park,
and the dog owner possesses a leash to control the dog at all times;
(e) the dog does not disturb other dog park users;
(f) the dog owner takes immediate physical control and promptly removes the dog at the
first sign of aggression;
(g) the dog owner is personally and solely liable for any damages or injury inflicted by
their dog upon another dog or human; and
(h) the dog owner reviews and obeys all posted rules and regulations on signs.
No person shall feed any wild animal or fowl.
Only persons with appropriate licenses shall disturb or catch a bird, animal, or fish.
No person shall ride, drive or herd any animal or livestock.
No person shall cause or permit any animal to roam at large, subject to Subsection 10.2.
No person shall cause or permit any animal to create a nuisance or harm another animal
or an individual.
No person shall ride or drive a horse or other animal into or permit such horse or other
animal to enter into a public place, except on a designated area where a City sign
expressly authorizes their entry, or with written permission of the Manager.
No person shall permit any dogs or other animals, owned or handled by the person, to
enter waterpark or spray park .
Vehicles, Parking, and Traffic Control
Unless expressly approved by the Manager, a person in a park/facility must not drive or
propel any vehicle:
(a) on a path not designated for such use;
Page 11 of 26
11.2
11.3
11.4
11.5
(b) where a traffic control device prohibits such use;
(c) on any path allotted for pedestrian traffic only, provided however, that bicycles, baby
strollers, and mobility aids may be used on sidewalks in such manner as not to
interfere with the free use of such sidewalks by pedestrians;
(d) over any grass area or flower bed;
(e) over any sports field;
(f) on a surface that is not a hard-surfaced portion of established roads; and
(g) in any direction other than the direction designated by a traffic control device.
Unless expressly approved by the Manager, a person in a park/facility must not park,
stop, or leave standing any vehicle:
(a) in contravention of any traffic contro! device forbidding or regulating the parking of
vehicles;
(b) in a parking place where a traffic contro! device indicates that place is reserved for a
particular class of vehicle, except for that particular class of vehicle;
(c} on any grass, turf, field, pathway, or walkway located;
(d) within five (5) metres of a fire hydrant or adjacent to a curb that is painted yellow.
(e) without displaying a valid and current license plate issued for that vehicle, other than
a maintenance vehicle or equipment operated by City staff that does not leave the
park/facility; and
(f) in an area, lot, or stall designated as pay parking, accessibility parking, or service or
emergency vehicle parking, except in accordance with a valid permit issued by the
Manager or a valid parking permit for persons with disabilities, or unless the vehicle
is a service vehicle or emergency vehicle.
A person must noi allow or permit a vehicle to obstruct traffic circulation on a public way,
such as the entrance to a parking Joi.
No person shall grease, wash, clean, or repair a vehicle, except where a vehicle is
parked and an emergency repair to that vehicle is necessary.
No person shall operate a vehicle for the primary purpose of voicing or broadcasting or
displaying advertisements of any kind without first obtaining the written permission of the
Manager, as set out in Subsection 8.1(d).
Page 12 of 26
11.6
12.
12.1
12.2
12.3
12.4
Without limiting the generality of any other provision of this bylaw, the Manager or a
Bylaw Enforcement Officer is authorized to issue a ticket or order the seizure or towing
of any vehicle unlawfully occupying any area of a park/facility.
Camping and Erecting Portable Structures
Subject to Subsection 12.4, no person may place, erect, construct, or build, or cause to
be place, erected, constructed, or built, in or on any public place any, tent, building,
structure, shelter, pavilion, or other construction whatsoever without the prior written
permission of the Manager.
No person shall place, erect, construct, build, establish or set up a campsite in a public
place unless prior written permission is obtained from the Manager.
No person commits an offence under Subsection 12.2 by bringing camping equipment
into a public place that is used for a picnic or while the person takes temporary, but not
overnight, respite in a public place other than a parkade, or where authorized by a permit
issued under Subsection 4.4(d).
Notwithstanding Subsection 12.1, a person experiencing homelessness may only for the
purposes of sheltering overnight in a designated park, and without the prior written
permission of the Manager, place, erect and occupy a temporary shelter outside of the
prohibited locations designated in Schedule “A” to this Bylaw and with the temporary
shelter being a size of not more than nine (9) square metres (3m x 3m) and with one (1)
metre clearance on all sides, between dusk on one day and 7:00 a.m. of the following
day if there are no reasonable alternative accommodations available for that person
within the City and provided that the person experiencing homelessness:
(a) must not place, erect or occupy the temporary shelter:
(i) that contravenes the permitted size for a temporary shelter as described in this
Section 12.4 of the Bylaw;
(ii) that impedes public use or access to a park or facility;
(iii) that is tied or affixed to a building, structure, park improvement, tree or flora;
(iv) until dusk. on one day, must remove the temporary shelter, all personal
possessions, litter and debris prior to 7:00 a.m. of the following day unless the
Manager has provided their consent to temporary daytime sheltering under
Section 12.6 of the Bylaw;
(v) ina park or park location that is designated a prohibited location for overnight
sheltering as prescribed in Schedule “A”;
Page 13 of 26
(vi)
(vii)
(viii)
(x)
(xi)
on beaches, parking lots, trails, walking paths, bridges, roadways, natural
areas, sporis fields, gazebos, public displays, picnic shelters, washrooms and
docks or other waterfront facilities;
within ten (10) metres of an established trail or sidewalk, or as to obstruct a
street, sidewalk or parking lot or interfere with the lawful use of a street,
sidewalk or parking lot by a person or vehicle;
within twenty (20) metres of any playground, community garden, sports field,
tennis court, picnic shelter, gazebo, stage, water park, skate park, parking lot,
public washroom, ornamental garden, horticultural display, established trail,
sidewalk or private property;
within fifty (60) metres of any area of a park/facility that has been designated
for an event or activity under a valid permit issued by the City;
in an environmentally or culturally sensitive area, community garden or
horticultural area; and
as to hinder or interrupt the ability of City staff or contractors to perform their
work.
(b) musi not:
(i)
(ii)
(iit)
(iv)
(v)
(vi)
(vii)
(viii)
leave the temporary shelter or any personal property unattended;
leave or discard any fitter, sharps, drug paraphernalia, alcohol containers,
hazardous objects, or any similar item in a public place;
cause or permit their belongings to be left, stored or discarded outside of the
temporary shelter;
foul, pollute or deposit any injurious, noxious or offensive substance, object or
matter in any area of the park;
urinate or defecate in or on any park except in a provided public or private
toilet;
operate any amplifying system or loudspeaker or create unreasonable noise or
disturbance;
destroy, damage, cut down, deface or remove any tree or flora;
destroy, damage, deface or remove any building, fence, bench, sign, ornament,
structure, log, wood, branches, or other material or thing;
Page 14 of 26
(ix) ignite any fire or cause or permit any fire to be ignited in the park or discard any
burning or flammable substance or object in the park; and
(x) use the temporary shelter to sells goods or conduct business;
(c} must comply with all other provisions of this bylaw, particularly Subsection 9.9
regarding fire safety within temporary shelters.
12.5 The Manager, a Peace Officer, a Bylaw Enforcement Officer, or any other authorized
individual, is authorized to remove and impound from a public place any portable
structures, camping equipment forming part of a temporary shelter, personal belongings,
or any other items that violate this bylaw, and has the discretion to take the following
actions:
(a) prepare an itemized list of the retained property, hold and store the retained property
at a designated property return facility and return or dispose of the retained property
on the following conditions:
(i) | the owner of the refained property may attend at the property return facility
during regular business hours to claim and request the return of their property;
or
(ii) if not claimed within a hold period of at least thirty (30) days, the City may take
steps to dispose of the retained property upon making efforis to:
i. identify the owner of the retained property;
ii. deliver written notice to the owner of the retained property advising that
the retained property:
1.
2.
is in the City’s possession;
can be claimed at the property return facility;
the City will be disposing of the retained property if it remains
unclaimed by the date specified in the written notice; and
that the person will not be entitled to compensation from the City for
the disposal of the retained property if it is not claimed prior to the
date of disposal provided in the notice.
12.6 Where a temporary shelter has not been removed from a park or area as required by
this Bylaw or has been placed, erected or occupied in a park or area in which temporary
shelters are prohibited then the Manager or their agents may issue a notice to the
Page 15 of 26
12.7
12.8
42.9
13.
13.1
occupant of the temporary shelter advising that they are in violation of the Bylaw and are
required to remove the temporary shelter within the timeline set out in the notice.
Where the temporary shelter is not removed in the time prescribed in the notice or where
the temporary shelter has been abandoned then the Manager, a Peace Officer, a Bylaw
Enforcement Officer, or any other authorized individual may remove the temporary
shelter and any personal property found within the temporary shelter from the park,
prepare an itemized list of the items and impound these items at a designated property
return facility pursuant fo Section 12.5.
The Manager may for health and safety reasons or for park maintenance order
temporary shelters placed, erected or occupied in parks and areas other than the
prohibited locations in Schedule “A” be relocated to another designated park or area.
The Manager may on a temporary basis designate an area acceptable for temporary
daytime sheltering in one of the prohibited locations prescribed in Schedule “A”.
Safe Use of Public Places and Public Nuisances
While in a public place, a person must not:
(a) fight or engage in any other course of conduct with another person which may cause
or be likely to cause injury, harm or danger to a person;
(b} possess or use any firearm or weapon as defined by Section 2 of the Criminal Code,
RSC, 1985, c C-46, as amended, including an air gun, air rifle, air pistol, spring gun,
or archery equipment, except for a Police Officer or Bylaw Enforcement Officer in the
performance of their duty;
(c) possess or consume any /iquor, unless the alcoholic beverage is approved by the
Manager and possessed under and in accordance with a license, authorization, or
permit issued under the Liquor Contro! and Licensing Act, SBC 2015, c 19, as
amended;
(d) be intoxicated by alcohol or other substance so as to be unresponsive to verbal
communication or unable to care for themselves;
(e) display, possess, or use a controlled substance;
(f) display, possess, or use sharps or drug paraphernalia for the purposes of storing,
transporting or using a controlled substance;
(g) use obscene or profane language;
(h) gamble or wager, unless authorized by a rental agreement and the Gaming Policy
Page 16 of 26
and Enforcement Branch of British Columbia;
(i) undress, except in places specifically provided for such purposes;
(j) contravene any provision of the Criminal Code, RSC, 1985, c C-46, as amended,
concerning indecent acts, indecent exhibition, or public nudity, in any public place or
on private property while exposed to public view;
(k) urinate or defecate, except in a toilet facility;
(l) paint, write, or place any unauthorized writing or graffiti on any wall, fence or other
structure;
(m) carry on or permit an activity of a hazardous or unsafe nature which may endanger
life, safety, health, property or public peace;
(n) dive or jump from a diving tower, pier or wharf except from a diving board, platform
or diving tower constructed by the City for that purpose and where this is permitted
by a City sign;
(0) fish in any area posted to prohibit fishing;
(p) use any boat, motorboat, water sled, water skis, power saw or other thing on or in
the vicinity of any beach that will endanger, disturb, or interfere with the free use by
any person of any beach or of the water adjacent to any beach;
(q) engage in any game, sport, or activity except in areas designated for any such
specified activities, such as:
(i) shoot an arrow or practice archery;
(ii) throw axes, knives or boomerangs;
(iii) ski, snowboard, skibob, or sled;
(iv) operate any remote-conirolled or other powered device, including model
versions of aircrafts, boats, rockets, vehicles, or drones;
(r) be on the roof of any building, or climb, walk or sit upon any wall, fence or other
structure, unless explicitly authorized by the Manager;
(s) lie horizontally across a bench on public property so as to interfere with the ability of
another person to use the bench, unless in medical distress; and
(t) create a nuisance by interfering with an approved event or rental occurring within an
area of a public place set aside for specific use through a permit issued under the
authority of the Manager.
13.2 No person shall make or cause to be made noise, vibration, odor, dust, illumination or
Page 17 of 26
13.3
13.4
14.
14.1
14.2
15.
15.1
15.2
15.3
15.4
15.5
undertake any activity that is liable to disturb the quiet, peace, rest, enjoyment, comfort
or convenience of individuals or the public in a public place.
Without limiting Subsection 13.2, a person must not play or operate electronic equipment
or an instrument or other apparatus for the amplification of sound in a public place, such
as a loudspeaker, in a manner that is liable to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of individuals or the public in a public place, without first
obtaining written permission from the Manager.
No person may obstruct a Bylaw Enforcement Officer or any employee of the City in the
fulfillment of their duties.
Restriction of Access
A Bylaw Enforcement Officer may direct a person to leave a public place if that person is
acting in contravention of this bylaw, or any other enactment.
Every person directed to leave a public place must proceed immediately to the nearest
exit point.
Offence and Penalty
Any person who causes, permits or allows anything to be done in contravention of this
bylaw, or who neglects or fails to do anything required to be done pursuant to this bylaw,
commits an offence against this bylaw and is liable upon summary conviction to pay a
fine of not more than $50,000, plus the costs of prosecution, and any other penalty or
remedy available under the Community Charter, SBC 2003, c 26, as amended, and the
Offence Act, RSBC 1996, c 338, as amended.
Where an offence under this bylaw is of a continuing nature, each day that the offence
coniinues, or is permitted to exist, shall constitute a separate offence.
A court may also make orders in accordance with Section 263.1 of the Community
Charter regarding additional sentencing powers in relation to Offence Act prosecutions,
as amended.
Subsection 15.1 shall not prevent the City, or an authorized person on behalf of the City,
from issuing and enforcing a ticket under the City of Port Alberni Bylaw Offence Notice
Enforcement Bylaw, as amended.
Nothing in this bylaw limits the City from utilizing any other remedy that would otherwise
be available to the City at law, including remedies available through prosecution or civil
remedies, including injunction.
Page 18 of 26
16. Severability
16.1. If a section, subsection, clause or phrase of this bylaw is for any reason held to be
invalid by the decision of a Court of competent jurisdiction, such decision shail not affect
the validity of the remaining portions of the bylaw.
READ A FIRST TIME this 10" day of February, 2025.
READ A SECOND TIME this 10” day of February, 2025.
READ A THIRD TIME this 10” day of February, 2025.
ADOPTED this 24" day of February, 2025.
Za __ddonioren
Mayor Corporate Officer C)
Page 19 of 26
Schedule A
Prohibited Locations and Amenity Areas
Locations
e Alberni Valley Multiplex and Glenwood Cenire, with extent of location as shown within
heavy line on Schedule A1
e City Hall, with extent of location as shown within heavy line on Schedule A2
e Echo Centre, with extent of location as shown within heavy line on Schedule A3
e Esso Beach and Harbour Quay, with extent of location as shown within heavy line on
Schedule A4
e Millstone Park and Victoria Quay, with extent of location as shown within heavy line on
Schedule A5
e Somass lands, with extent of location as shown within heavy line on Schedule A6
-—-— ~~
Amenity Areas
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No temporary overnight shelter on or within 20 metres of:
e Playgrounds
Spray parks
Sport courts
Sports fields
Skateboard parks
Washroom facilities
Picnic shelters or gazebos
Parks, recreational and cultural facilities
No temporary overnight shelter on:
e Pathways, bridges or docks
Environmentally sensitive areas
Sidewalks, medians and boulevards
Public squares or gathering spaces
Horticultural displays or gardens
Page 20 of 26
Schedule A1 — Alberni Valley Multiplex and Glenwood Centre
Page 21 of 26
Page 22 of 26
Schedule A2 — City Hall
Schedule A3 — Echo Centre
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Page 23 of 26
Schedule A4 — Esso Beach and Harbour Quay
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Page 24 of 26
Schedule A5 — Millstone Park and Victoria Quay
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Page 25 of 26
Schedule A6 — Somass Lands
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Page 26 of 26