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M
Regeal
DISTRICT OF SICAMOUS
BYLAW N
A Bylaw to improve access and promote civic responsibility concerning public wharves
WHEREAS pursuant to the Community
Charter, Council may, by bylaw, regulate, prohibit,
and impose requirements
concerning public places;
AND WHEREAS Council desires
to promote the integrity of public spaces
within the
municipality so that they may be enjoyed by residents and visitors;
ANDWHEREAS the Council for the District of Sicamous wishes to regulate and provide for
the public use of the Wharves on prescribed terms and conditions;
AND WHEREAS pursuant to the Community Charter, Council may, by bylaw, impose costs
and recover costs of taking action in the event of a default by a person who fails to take
action as lawfully directed;
NOW THEREFORE the Council of the District of Sicamous,
in open meeting assembled,
ENACTS AS FOLLOWS:
1.
Title
1.1. This Bylaw may be cited as the "Public Wharf Regulation
Bylaw No. 1066, 2025"
2.1. District of Sicamous Wharf Regulation Bylaw No. 935, 2017 is hereby repealed
3.
Definitions
3.1. Unless othenivise defined in this Bylaw, words and phrases
will have the meaning
established
in the
Community
Charter,
the
Local Government
Act, and
the
Interpretation Act, as applicable.
3.2. Any reference to a statute or regulation refers to the enactment of British Columbia,
and any reference
to a bylaw refers to a bylaw of the District of Sicamous,
as
amended,
revised, consolidated,
or replaced.
3.3. Headings in this bylaw are for the convenience of reference and do not limitthe
scope or intent of any provisions herein.
"Bylaw Administrator"
means:
a)
The Bylaw Officer;
b)
The Chief Administrative Officer;
c)
The Operations
Manager;
d)
The Development Services Manager; or
e)
A designate
of a person listed above.
4.
Agglicabilitx
Moorage
Regula?ons
Bylaw No. 1066, 2025 | 2 of8
"Bylaw Officer" means a person appointed by Council to perform the functions and duties,
and has the powers, privileges, and responsibilities respecting the enforcement of municipal
bylaws.
"Council" means the Council of the District of Sicamous.
"Chattel" means personal possession(s).
"District" means the District of Sicamous
"District Contractor" means any person or organization, that has entered into an
agreement
or contract with the Districtto provide towing, impound or storage services, or
refuse disposal services.
"Moor" means to secure a Vessel by means of lines, cables, anchors, or other similar
means.
"Vessel"
means a boat, ship, or craft designed,
used, or capable of being used solely or
partly for navigation in, on, through, or immediately above water, without regard to the
method or lack of propulsion.
"Wharf" or "Wharves"
means a landing pier, fixed or removable walkway, boat ramp, dock,
floating dock, or float for Vessels
that are owned or maintained by the District and includes
those listed in Schedules ",'A'"B"and "C'
4.1.
This Bylaw applies to all persons
using public Wharves within the boundaries of
the District, as listed in Schedule A,
"B"and "."C
5.1.
A person willnot:
a)
Carry on any commercial enterprise
at or on a Wharf or use a Wharf for any
commercial purpose, except as authorized by the District;
b)
Dive orjump from a Wharf or swim within 15 meters of a Wharf;
0)
Stand or loiter on a Wharf in such a manner as to obstruct, impede or interfere
with the public use of a Wharf;
d)
Make or cause any loud or objectionable noise on or at a Wharf in such a manner
as to disturb the quiet, peace, rest and enjoyment of the public;
e)
Remove, destroy or damage any Wharf, including any structure or sign attached
to a Wharf;
f)
Deposit or leave any garbage,
refuse, empty or broken bottles, cans,
paper,
animal excrement
or other waste material on a Wharf or in a water lot area;
9)
Moor any Vessel at or adjacent to a Wharf overnight, specifically between the
hours of 22:00 to 07:00 (10 pm. to 7 am);
h)
Moor any Vessel
at or adjacent
to the Main Street
Landing Wharf (refer to
Schedule A) for a period exceeding two (2) hours;
i)
Moor any Vessel at or adjacent to the Finlayson Street Dock (refer to Schedule B)
for a period exceeding
fifteen (15) minutes, as this wharf is reserved
for active
loading or unloading;
Exemgtions
Removal, Impoundment
& Detainment
Bylaw No. 1066, 2025 | 3 of8
j)
Secure
or permit to be secured any Vessel
to a Wharf by use of a lock, or
otherwise in a manner that prevents
a Bylaw Officer or District Contractor
from
relocating the Vessel;
k)
Repair
or maintain any portion of a Vessel,
or use paints, solvents
or other
materials that are toxic to fish or humans on a Wharf; or
I)
Refuel a Vessel, except for the replacement
of fuel canisters specifically designed
for marine use.
6.1.
Moorage restrictions in this Bylaw do not apply to:
a)
Emergency
response
Vessels
and
equipment
proceeding
upon or actively
engaged
in emergency activities;
b)
Employees or contractors of the Districtengaged in maintenance
activities; or
c)
Any other Vessels as authorized by the District.
7.1.
Where a Vessel, Chattel or object is occupying a Wharf contrary to this Bylaw, the
Bylaw Officer may initiate the affixation or removal and impound of said Vessel,
Chattel, or object without notice.
7.2.
An owner of a Vessel that has been removed, seized, detained or impounded will
be responsible for paying for all costs
and charges
for its removal, care and
storage,
which will be the cost of the impound and towing plus twenty (20) per
cent.
7.3.
A Vessel,
Chattel, or object removed and impounded under Section 7 of this
Bylaw may be recovered by the owner during regular business hours upon:
a)
Presentation
of proof of ownership; or
b) Sufficient evidence to support proof of ownership; and
0)
Payment of all applicable fees, charges and fines.
7.4.
A Vessel that, under this Bylaw, is removed to a place owned, held or contracted
by the District or the Royal Canadian Mounted Police may be disposed of at any
time if:
a)
The Owner has not been identified after reasonable effort;
b) The items are perishable articles;
c)
The Vessel has no apparent marketable value; or
d)
Custody of the Vessel involves an unreasonable expense or inconvenience to the
District.
7.5.
In other circumstances,
a Vessel
may be dealt with following the procedures
established in the BC. Reg. 87/91 Police (Disposal of Property) Regulation.
Enforcement
Contraventions, and Pena
8.
Bylaw No. 1066, 2025 | 4 of
Public Auction
8.1.
Any Chattel, obstruction or Vessel not claimed by its owner within 90 days of its
impoundment or detention may be sold at public auction and the auction willbe
advertised following public notice requirements
within the Community Charter.
8.2.
The proceeds
of the auction sale will be applied first to the cost of the sale and
secondly
to the fees, costs and expenses
of the District or its contractors
or
authorized agents as set out above. Thirdly, the balance, ifany, willbe held by the
Districtfor six (6) months from the date of the sale for the owner.
8.3.
if unclaimed at the end of the six (6) months, the sum must be paid into the
General Revenues of the District.
8.4.
Should any Chattel or obstruction not be purchased
at public auction then the
Chattel or obstruction willbe disposed of in a manner approved
by the Operations
Manager
and the expenses
incurred to remove or dispose
of the Chattel
or
obstruction, less the proceeds
(if any) of disposal, are recoverable
as a debt due
to the District from the owner.
Administration
9.1.
The Corporate Officer may enter into an agreement
for the use of public Wharves
by authorized contractors providing services to the District.
9.2.
A Bylaw Administrator may exempt Vessels from sections
of this Bylaw during
states of emergency or natural disasters.
9.3.
Vessels
exempt
under Section 9.2 must register with a Bylaw Administrator to
receive exempt status.
9.4.
Subject to the provisions of the Community Charter, a Bylaw Administrator may
enter on or into any real property or premise
to ascertain
compliance
with the
provisions of this Bylaw.
9.5.
A person
must not obstruct or interfere with a Bylaw Administrator lawfully
exercising the authority authorized under this bylaw.
lties
10.1. This Bylaw may be enforced by a Bylaw Administrator.
10.2. The issuance of a ticket, bylaw notice or proceeding under the Offence Act does
not preclude
the District from enforcement
and remedy
by other proceedings
available to it by law.
10.3.
A person commits contravention
and an offence ifthat person:
a)
Contravenes or violates any of the provisions of this Bylaw;
b) Causes,
permits, suffers, or allows any act or thing to be done in contravention
or
violation of any of the provisions of this Bylaw; or
Bylaw No. 1066, 2025 | 7 of8
Schedule
B
Finlayson Street Dock
(110 Finlayson Street)
Bylaw No. 1066, 2025 | 8 of
Schedule
C
Legacy Public Wharf
(326 Mara Lake Lane)
Bylaw No. 1066, 2025 | 6 of8
Schedule
A
Main Street Landing Wharf
(West End of Main Street)
Ma
4
Corpérate Officer
Bylaw No. 1066, 2025 l 5 of8
c)
Neglects or fails to do anything required to be done by any of the provisions of this
Bylaw.
10.4. A person who violates any provision of this bylaw commits an offence and is liable
on conviction, to a fine of not less than one hundred ($100.00) or more than two
thousand dollars ($2,000.00).
Specified fines per contravention of this bylaw are
outlined in the Districtof Sicamous Ticketing InformationUtilizationBylaw, as may
be amended or replaced from time to time.
10.5.
Each day during which any violation of a provision of this Bylaw is continued will
constitute a new and separate
offence.
10.6. Compliance with this Bylaw does not excuse a person from the requirement
to
comply with all other municipal bylaws, statutes, regulations, codes and laws.
READ A FIRST, SECOND AND THIRD TIME this 14thday
ADOPTED this 28thday of May 2025.
yor