Parks Control Bylaw No. 421
Sayward, British Columbia
· No. 421
· summary & facts
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VILLAGE OF SAYWARD
BYLAW NO. 421
PARKS CONTROL BYLAW
WHEREAS it is desirable to establish rules and regulations for the control of parks within the Village of
Sayward;
AND WHEREAS certain parcels of land within the Village are reserved for park purposes for the use
and enjoyment of the public;
NOW THEREFORE the Council of the Village of Sayward enacts as follows:
Repeal
1.1 That Parks Control Bylaw No. 211, 1990 is hereby repealed in its entirety.
Citation
2.1 This Bylaw may be cited as “Parks Control Bylaw No. 421, 2018”.
Interpretation
3.1 In this Bylaw:
"Park" means property owned and operated by the Village for the pleasure and recreation of
the public.
Regulations
4.1 No person while in a Park shall:
(a) destroy, cut, mark, break, dig, pull-up, burn or in any other way damage, injure, remove
or deface:
(i) any tree, flower bed, bush, shrub, plant, sod, grass or other vegetation, soil,
sand, gravel or wood;
(ii) any monument, fountain, bridge, fence, wall, gate, roadway, pavement, parking
area, sidewalk, walk or other erection or improvements;
(iii) any building or other structure; or
(iv) any swing, slide, playground apparatus, table, seat, bench, sign, bleacher or
other fixture, equipment or personal property or ornament or utility placed,
erected or maintained in the Park;
(b) permit any dogs or other animals, owned or harboured by a person, to enter any
stream, pool or lake;
(c) deposit bottles, broken glass, paper, cardboard or empty cartons or other rubbish, trash
or garbage other than into a refuse receptacle provided for such purposes;
(d) deposit any household waste or trade waste whatsoever;
(e) drive, park or stand any vehicle other than on roads, lanes or parking lots which have
been designated and indicated for such use;
(f) ride, lead or herd horses or other animals of any kind, other than on trails, roads or
lanes which have been designated and indicated for such use;
4.2.
4.3
(g)
(h)
(i)
(j)
(k)
VILLAGE OF SAYWARD
BYLAW NO. 421
launch a boat, sailboat, jet ski or other motorized water vehicle other than from sites
which have been designated and indicated for such use;
hit, propel, throw or direct an object in such a manner as to constitute a dangerous use
of a Park including, but not limited to the generality of the foregoing, the hitting of golf
balls, shooting of arrows, or launching of model rockets and airplanes;
No person while in a Park shall:
participate in baseball, softball, football, rugby, fastball and frisbee other than in
accordance with the accepted rules for such activities and not in a manner intended to
injure persons or cause damage to property; and
without prior written permission from the Chief Administrative Officer, place, dump or
leave any foreign material of any nature whatsoever, including, but not limited to, sand,
gravel or earth fill, in or upon or about any Park; or
without prior written permission from the Chief Administrative Officer, require proof of
acceptable insurance as a condition of such permission:
(i) Operate any amplifying system or loud speaker;
(ii) camp overnight; or
(iii) enjoy the exclusive right to the use of all, or any portion, of the Park.
No person while in a Park shall:
(a)
(b)
take part in any procession, march, parade, drill, performance, ceremony, concert or
festival;
carry on any commercial activity including, but not limited to the generality of the
foregoing, offer for sale for profit any article of food, drink including alcohol, or
merchandise.
without a permit.
Every applicant requesting a Permit shall provide the following information to the Chief
Administrative Officer in accordance with the application form attached to this Bylaw as
Schedule "A":
(a)
(b)
(c)
(d)
(e)
(f)
the applicant's name, address, telephone number, and principal contact;
the general use for which the Permit is requested;
the location of the Park, and the dates and times for which a Permit are requested;
the number of persons expected to take part in the procession, march, drill, parade,
performance, ceremony, concert or festival;
details of proposed insurance that at a minimum shall include comprehensive all-risk
liability insurance coverage in an amount not less than $2,000,000 per occurrence, with
Village as an additional named insured; and
a specific description of any commercial activities, if any, proposed including the names
of any third-party individuals or businesses that will be operating the commercial
activity.
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VILLAGE OF SAYWARD
BYLAW NO. 421
4.4 A Permit shall be issued if:
(a) the applicant is a recognized community non-profit organization (exceptions must be
authorized by the Chief Administrative Officer);
(b) the Park requested in the application is available for use on the dates and at the times
requested in the application;
(c) the applicant has provided satisfactory proof to the Chief Administrative Officer that
insurance is in place that complies with Section 5(e) of this Bylaw;
(d) the use does not contravene any other provision of this Bylaw or any other applicable
Bylaw;
(e) where commercial activity is proposed, the individual or company operating the activity
holds a valid Business License to operate within the Village, and satisfactory proof of a
valid Business License is provided to the Chief Administrative Officer;
(f) the use has no detrimental effect on the Park requested; and
(g) the use, including any commercial activities, does not constitute a risk of injury to the
public.
4.5 Notwithstanding anything in this Bylaw, any Park, or any portion thereof, may at any time be
temporarily closed to public use.
Enforcement
5.1 Every person who contravenes, violates or fails to comply with any provision of this Bylaw, or
who suffers or permits an act or thing to be done in contravention of this Bylaw, or who fails to
do anything required by this Bylaw, commits an offence and shall be liable, upon conviction, to
a fine of not more than $10,000 (and not less than the fines prescribed in the Village Ticketing
for Bylaw Offences Bylaw), the cost of prosecution and any penalty or order imposed pursuant
to the Community Charter (British Columbia) or the Offence Act (British Columbia). Each
violation against this Bylaw shall be deemed to be a separate and distinct offence, and, where
the offence is a continuing one, each day that the offence is continued constitutes a separate
offence.
Read a first time on the 9°" day of October, 2018.
Read a second time on the 9" day of October, 2018.
Read a third time on the 9" day of October, 2018.
Adopted on the 23 day of October, 2018.
bh. AM nail YT, hfe
Mayor " Chief Administrative Officer
VILLAGE OF SAYWARD
BYLAW NO. 421
Schedule A
Village of Sayward PERMIT FOR USE
652 H’Kusam Way, Sayward, B.C. V9R 1P0
Telephone: (250) 282-8512 Fax: (250) 282-5511
APPLICATION DATE:
PERSON RESPONSIBLE:
ADDRESS: POSTAL CODE:
TELEPHONE: CELL:
EMAIL ADDRESS: FAX:
FACILITY REQUESTED
DATES & TIMES REQUIRED:
ALTERNATE CONTACT: TELEPHONE NO:
| COMSIERCIAL ACTIVITY CONTEMPLATED:
(Las children’s rides, paid sale of handive)
COMMENTS:
NUMBER OF PARTICPANTS: TYPES OF ACTIVITY:
WILL ALCOHOL BE SERVED: (please circle) YES ND
Liability and Insurance Requirements for Major Event
ee
Liability Insurance from applicants requesting the we of
Municipal Property except where:
* Noalcohol is to de served and
* ‘The wumber of participants is estimated to be Jess than one
hundred and fifty (150) persons and
The planned activity is unlikely to result in injury to the
SI HO, See ee ee
Cross Liability Defined
In the event of claims being made by reason of Personal Insurance and’or
Property Damage suffered by one Insured herain for which another Insured
herein is or may de liable, the Policy shall cover such Insured against whom a
Claim is made or may be made in the same manner as if separate policies had
deen issued @ each Insured herein.
The Mirumum Liability Insurance Requirements are;
Confirmation that the required insurance is curently in force
must be submitted to the Chief Administrative Officer a
seinen of fee (0) weeks poles to Hee elenh Sing pice.
The Village of Sayward is named as an additional
= Cross Liability Clause
alcoholic function
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VILLAGE OF SAYWARD
BYLAW NO. 421
PERMIT FOR USE (Terms)
The Permit Holder in consideration for the use of
covenant rth tie Viloes of Seyened (Village of
") as follows:
to leave the facilities and property clean and tidy to the sole
satisfaction of the Village, and to reimburse the Village for
any and all costs incured should the Pemmit holder not
satisfactorily complete this work;
to hold the event in accardamce with the strict times and dates
as mathorized by the pernuit, and at the end of the time of the
event set out in the permit, leave the site peaceably and m the
same condition as before the event was held:
Se EE eee where
keys are obtained for
, Fates, POWET,
water, eS samt id as ih bs a he
Parks, Recreation Department only Se
bours being Monday to Friday. $30 amos
to properly secure all locks to facilities and property on
completion ef an event,
to be responsible for any and al! damages resulting from the
use of the facilities, and to cancel all activities as a result of
inclement weather, or when the field conditions are wet,
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(0)
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with the for food
—— ofthe Heth Depormans ere.
oscar wna reap hpes
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pemmission of the Chief Administrative Officer,
to prohibit all commercial acivity except as authorized m the
permit,
to inspect the facility before the event takes place to ensure
there ane no safety hazards,
to provide adult supervision to all participants taking part in
the event:
to ensure that all participants ase wearing the appropriate
Clothing and footerear for the event:
eee Pe a eee re a cece
part im the event; aul
to immediately bring to the attention of Village Officials any
potential hazards, and to immediately correct such hazards,
or identify and warn the participants of the hazard prior to the
commencement of the event.
oes the event except
Be wath the prior written and where (3) Noise Variance Pemmit, if the permit holder is touse
permite bythe Vilage to comply wath all egulssons of the amplified sound during the hours of 10:00 pm and 7:00 am, a
inchading the obtaining of noise variance approval must be received A letter requesting
ey ee ee Oe eee oe a noise variance must be artached to the “Penmit for Use
the Village should be initiated by a letter of Form” complete with the date and times amplified sound is
request to the Chief Administrative Officer at lanst two planned.
months the wking place
of Dek omasesnt ae onan met
(g) to am adequate number of portable restroom facilities ion |, i i
where the event is located at a site that does not have Demsit Holder agrees that they shall not be entitled to furure
sf Be.
() to obtain the necessary fire permits fom the Sayward Valley
Volunteer Fire Department where the event requires the use 3. The Permit Holder accepts the facilines requested as is, where
of enclosures, tents or other fabric structures, handling of is at the Pemuit Holder's own risk, and without recourse
vehicle fuel, cooking facilities, open flame, or fireworks; against the Village for any reason whatsoever.
@) to inform the Village, RCMP, Emergency and Fire officials 4. The Permit Holder agrees to indemnify and save hanmless the
where the event requires traffic control and to carry out such Village of Sayward where appropriate, for any and all
traffic contro] as to avoid traffic problems for event attendees liability for loss, costs, or damages from bodily
as well a& non participants traveling through the mea, and not injury, death, of or to amy persons, or from damage
to interfere with emergency routes for ambulances or fire to the property of others arising from the use authorized by
trucks by the inappropriate placement of barriers, cones, ar the permit, or the holding of the event.
temporary s1gh5.
Gj) to be responsible for all costs of era law enforcement where
required;
I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS ABOVE
SIGNED ON BEHALF OF THE
(Name af Group)
BY ITS AUTHORIZED SIGN A TORIES:
Represeniative
Secretary
PERMIT APPROVED:
Dare: Signature/Position:
&: \Weeking Piles\Form: Permit for Pasks.dog