This is the exact embedded text of the captured official document.
Snapshot ed4c17f990f9 · verified 2026-10-15 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
DISTRICT OF UCLUELET
BYLAW NO. 2011, 2026
PUBLIC PROPERTY USE REGULATION BYLAW
A BYLAW TO REGULATE THE USE OF PUBLIC PLACES, PARKS, OPEN SPACES, BEACHES, AND
HIGHWAYS WITHIN THE DISTRICT OF UCLUELET
WHEREAS the Council of the District of Ucluelet is authorized and empowered pursuant to
the Community Charter to regulate the development, management, maintenance,
operation, control, and use of District owned, held, granted, or reserved property for
pleasure, recreation, or community use.
NOW THEREFORE the Council of the District of Ucluelet, in open meeting assembled,
hereby enacts as follows:
1.
TITLE:
This bylaw may be cited for all purposes as "Public Property Use Regulation Bylaw
No. 2011, 2026".
2.
DEFINITIONS:
"Beach"
means all foreshore parcels of land, including sand, rock
and natural material from the visible high-water mark
down to any body of water within the District of
Ucluelet.
"Boulevard"
means the area between the curb lines or the shoulder
of a highway and the adjacent property line and
includes curbs, sidewalks, ditches and any area sodded,
seeded or otherwise improved and maintained under
the direction of the District.
"Council"
means the Council of the District of Ucluelet.
"District"
means the District of Ucluelet.
"Driveway, Roadway or
Path"
means any way or thoroughfare set apart other than a
highway, and improved by grading, gravelling or other
means, for use by pedestrians, vehicular or animal
traffic, as signed within the District.
________________________________________________________________________
Public Property Use Bylaw No. 2011, 2026
2/8
"Garbage"
means all domestic and commercial waste or refuse
from a motor vehicle, recreational vehicle, trailer,
housing unit, boat or houseboat.
"Highway"
means every highway within the meaning of the
Highway Act; every street, lane, right-of-way designed
or intended for or used by the general public for the
passage of vehicles; and every private place or
passageway to which the public, for the purpose of
parking or servicing vehicles, has access or is invited.
"Motor Vehicle"
means a vehicle as defined in the Motor Vehicle Act
"Overnight Camping"
means to camp, lodge or otherwise encamp with or
without a tent or other form of shelter anytime
between sunset of one day and sunrise of the following
day.
"Park/Municipal Park"
means any real property within the District used for
public park and recreational purposes and shall include
any other parcel of land:
(a) operated and maintained by the District for
public use;
(b) owned by the District and left undeveloped as
open space.
"Person"
means a person pursuant to the Interpretation Act.
"Public Parking Area"
means those areas within the District abutting parks,
public beaches and other District property, which are
clearly set out and signed for the parking of motor
vehicles.
"Public Place"
means any place to which the public are entitled or
permitted to have access without payment and could
include parks, open spaces, beaches, District owned
land or highways.
"Special Events Permit"
means the permit issued for a Special Event or large
assembly.
3.
GENERAL REGULATIONS:
3.1
Protection of Natural Resources
3.1.1
Vegetation - No person shall cut, break, injure, foul, pollute or in any
way destroy or damage any tree, shrub, plant, turf, flower or any
________________________________________________________________________
Public Property Use Bylaw No. 2011, 2026
3/8
natural or cultivated vegetation in any park, on any beach or public
place within the District.
3.1.2
Water - No person shall in any way foul, waste or pollute water from
any fountain, pool, lake, reservoir, stream or sea in any public place,
park, beach or along any highway within the District.
3.1.3
Wildlife - No person shall molest, disturb, frighten, injure, catch, trap,
ensnare or feed any bird or animal in any public place, park, beach or
along any highway within the District.
3.1.4
Minerals - No person shall paint, smear or otherwise deface or
mutilate any rock in any public place, park or on any beach or
highway.
3.1.5
No persons shall urinate nor defecate in a public space.
3.2
Man-Made Structures
3.2.1
District Property - No person shall injure, deface or destroy any
building, structure, facility, fence, sign, seat, bench or ornament in
any public place within the District.
3.2.2
Signage - No person shall injure, deface or destroy any signage,
notices, rules or regulations posted or affixed to anything within the
District.
3.3
Access Prohibited
3.3.1 No person shall:
(a)
climb, walk or sit upon any wall, fence or planter unless the
same is designed for that purpose.
(b)
obstruct access or interfere with the quiet enjoyment of any
person or traffic on or to a public place, park or highway.
(c)
enter onto a park, public place, or highway, where prohibited
by signage.
3.4
Litter/Boulevard and Sidewalk Maintenance
3.4.1
No person shall throw down, drop, or otherwise deposit or leave in
any public place, park, beach or on any District owned property,
boulevard, or highway, other than in a receptacle provided for that
purpose, anything such as litter, garbage or garden or clearing waste.
3.4.2
Each owner/occupant of real property within the District shall ensure
that all litter, garbage, leaves, snow, ice or other form of debris is
removed from any boulevard or sidewalk bordering their real
________________________________________________________________________
Public Property Use Bylaw No. 2011, 2026
4/8
property. If the snow, ice or debris is not removed within a
reasonable time frame, the District shall give written notice of
intention to remove same within 48 hours or the District will
complete the work and invoice the owner/occupant of the real
property for costs incurred.
3.4.3 Each owner/occupant of real property within the District shall ensure
that boulevards bordering their real property are maintained in a
clean and neat condition and that the grass is mowed regularly and
all brush and other vegetation is removed.
3.4.4 Any person operating a bicycle, skateboard, rollerblades or other
similar equipment and apparatus associated with such equipment,
shall yield the right of way to and shall not interfere with the quiet
enjoyment of any person or traffic on or in a public place, park,
highway, street or road.
3.5
Sale of Goods
3.5.1
Except as permitted by the District of Ucluelet Business License
Bylaw no person shall:
(a)
sell, trade, barter or offer for sale, any goods or services,
refreshments or article within a park, public place, beach or
on any District owned property, boulevard or highway
without first obtaining a permit; or
(b)
organize a public or fisherman's market on any highway or on
any municipal property.
3.6
Domestic Animals
3.6.1
Except as permitted by the "Animal Control and Licensing Regulation
Bylaw No 2002, 2026" as amended or replaced, no owner or
harbourer of a domestic animal, livestock or fowl shall suffer or
permit such animal livestock or fowl to run at large, foul any property
or feed upon any natural materials or animals within any park, public
place, beach or on any District owned property, boulevard or
highway within the District.
3.7
Camping
3.7.1
Outdoor Camping - No person shall establish or maintain a camp on
District owned property, parks, beaches, public places or highway
within the District, except with express written permission of
Council.
________________________________________________________________________
Public Property Use Bylaw No. 2011, 2026
5/8
3.7.2
Motor Vehicles, Trailer, Recreational Vehicles - No person shall
stand, stop or park any vehicle on any park, public place or highway
within the District for the purpose of overnight camping, unless that
park or public place is a designated campground.
3.7.3
No person shall establish or maintain a camp, or stand, stop or park
any vehicle on any private property for the purpose of overnight
camping without the express written permission from the owner of
the private property, unless that private property is a designated
campground.
3.8
Traffic
3.8.1
Except as permitted by the "Traffic and Parking Regulation Bylaw, No
2015, 2026" as amended or replaced, no person, other than an
employee or agent of the District of Ucluelet in the course of his
municipal duties, shall drive, or permit a vehicle to be driven within
any park or public place or on a beach, except upon driveways
provided and signed for that purpose.
3.9
Provision of Facilities to Service Large Assemblies
3.9.1
The use of parks, beaches and open spaces by residents and visitors
to the community is encouraged. Large assemblies are welcome,
subject to an approved Special Events Permit and adherence to the
regulations prescribed under the District of Ucluelet Parks &
Recreation Facilities Policy #004/02.
3.10
Designated Public Parking Areas
3.10.1 Except as permitted by the District of Ucluelet Traffic and Parking
Regulation Bylaw:
(a)
Designated Public Parking Areas - No person shall park any
vehicle within any park, public place or upon any beach,
District owned property or highway, except within designated
and signed public parking areas. Parking upon a sodded,
seeded or otherwise improved area is strictly prohibited.
(b)
Visitor Parking Only - No person shall park any vehicle within
the designated parking area of any park, beach or public
place except for the express purpose of visiting that park,
beach or public place.
(c)
Parking Restrictions - No person shall park any vehicle in the
designated parking area of a park, beach or on a highway
access to same, between the hours of 11:00 p.m. of one day
and 6:00 a.m. of the next day.
________________________________________________________________________
Public Property Use Bylaw No. 2011, 2026
6/8
(d)
Parking Provided for the Disabled - No person shall park in a
designated and signed disabled or handicapped parking stall
unless the vehicle displays a disabled or handicapped sticker,
decal or placard.
3.11. Possession of Liquor in a Public Place
3.11.1 No person shall be in possession of liquor in a public place without
written approval from Council, in the form of a Special Events Permit.
3.12
Municipal Parks
3.12.1 All Municipal Parks shall be closed between the hours of 11:00 p.m.
of one day and 6:00 a.m. of the next day.
4.
EXCEPTIONS:
4.1
The provisions of this bylaw shall not apply to or be enforced against:
(a)
The driver of an emergency vehicle may disregard all of the
provisions of this bylaw while acting in the course of an emergency;
(b)
The pilot of an aircraft engaged in lawful aviation activities carried on
within the jurisdiction or and in compliance with the Aeronautics Act
and all other applicable federal and provincial enactments; or
(c)
Authorized construction, installation, repair, excavation or animal
protection and control work carried out by agents or employees of
the District of Ucluelet, B.C. Hydro, Telus, Provincial Government or
the Federal Government, in the protection of property, life or health.
5. BYLAW ENFORCEMENT OFFICER
7.1
For the purposes of this bylaw, the designated Bylaw Enforcement Officer
means any of the following;
(a) Chief Administrative Officer;
(b) Bylaw Enforcement Officer;
(c) Director of Engineering or designate;
(d) RCMP Officers or RCMP Auxiliary Members.
7.2
The Bylaw Enforcement Officer is authorized and empowered to inspect,
compel, and require that all the regulations and provisions prescribed in this
bylaw are carried out.
________________________________________________________________________
Public Property Use Bylaw No. 2011, 2026
7/8
6. OFFENCES
8.1
Where any person operates a skateboard, rollerblades, or other similar
equipment and/or apparatus associated with such equipment, in
contravention of this bylaw, the Bylaw Enforcement Officer may remove,
detain and impound, or cause the removal, detention or impoundment of
the equipment and/or apparatus.
8.2
For each removal, detention, and impoundment, the person entitled to
possession of the equipment and/or apparatus shall pay the fees as
prescribed in the "District of Ucluelet Fees and Charges Bylaw No. 1186,
2016" as amended or replaced.
8.3
If the person entitled to the possession of any detained object does not,
within 14 days of its detention, including the date of detention, sign the
undertaking and pay the fees, costs and expenses as specified in Section 8.2,
and it appears to the Bylaw Enforcement Officer that the object detained
has a market value, the Bylaw Enforcement Officer may immediately
thereafter cause it to be sold by public auction to the highest bidder, but
may otherwise cause it to be disposed of as garbage.
7.
VIOLATION AND PENALTY:
9.1
No person shall prevent or obstruct, or attempt to prevent or obstruct, a
Bylaw Enforcement Officer in the enforcement of the provisions of this
bylaw.
9.2
Any Person who causes, permits or allows anything to be done in
contravention or violation 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 and Offence Act.
9.3
This Bylaw may be enforced by bylaw notice pursuant to the "Bylaw Notice
Enforcement Bylaw No. 2000, 2026" as amended or replaced.
9.4
Where an offence under this Bylaw is of a continuing nature, each day that
an offence continues, or is permitted to exist, constitutes a separate
offence.
9.5
If action is taken pursuant to this bylaw, expenses may be recovered
together with costs and interest in the same manner as municipal taxes.
10
SEVERABILITY:
If any provision of this Bylaw is determined by a court of competent jurisdiction to
be unlawful or unenforceable, that provision shall be severed from this Bylaw and
shall not affect the validity of any remaining provision of this Bylaw.
________________________________________________________________________
Public Property Use Bylaw No. 2011, 2026
8/8
11
ADMINISTRATIVE PROVISIONS:
This bylaw hereby repeals "District of Ucluelet Public Property Use Regulation Bylaw
No. 963, 2004"and any amendments thereto.
READ A FIRST TIME this 28th day of April, 2026.
READ A SECOND TIME this 28th day of April, 2026.
READ A THIRD TIME this 28th day of April, 2026.
ADOPTED this 26th day of May, 2026.
____________________________
__________________________
Marilyn McEwen
Ed Chow
Mayor
Corporate Officer
THE CORPORATE SEAL of the District
of Ucluelet was hereto affixed in the
presence of:
Ed Chow, Corporate Officer