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By-law Number 19-2016
Of The Corporation of the
Municipality of Chatham-Kent
A by-law relating to the use, protection and regulation of public
parks and recreation areas in the Municipality of Chatham-Kent
Finally Passed the 7th day of March, 2016
Part 1
Interpretation
1.1
In this by-law:
Authorized Parking Area - defined
"Authorized Parking Area" means an area of a Park or Recreation Area designated, set
aside for or established, for the parking of motor vehicles, which may have posted
regulations with respect to the use of the area.
Bicycle - defined
"Bicycle" includes a unicycle and a tricycle but does not include a motor assisted cycle
of any type.
Change Rooms - defined
"Change Room" means any permanent or temporary structure or portion of a structure
designed to accommodate persons for the purpose of changing their clothes. A change
room may or may not include Washroom facilities.
Control - defined
"Control" includes care and custody.
Council - defined
"Council" means the Council of the Corporation of the Municipality of Chatham-Kent.
Cross Bow - defined
"Cross-bow" means a device with a bow and a bowstring mounted on a stock that is
designed to propel an arrow, a bolt, a quarrel or any similar projectile on a trajectory
guided by a barrel or groove and that is capable of causing serious bodily injury or
death to a person.
Firearm - defined
"Firearm" means a barreled weapon from which any shot, bullet or other projectile can
be discharged and that is capable of causing serious bodily injury or death to a person,
and includes any frame or receiver of such a barreled weapon and anything that can be
adapted for use as a firearm.
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Manager - defined
"Manager" means the Manager, Recreation Facilities, Manager, Parks and Open
Spaces or the Director, Community Attraction and Leisure Services for the Municipality
or such persons as designated by them in writing.
Motor Vehicle - defined
"Motor vehicle" has the meaning attributed to it in the Highway Traffic Act but does not
include motorized wheelchairs.
Motorized Snow Vehicle - defined
"Motorized snow vehicle" means a self-propelled vehicle designed to be driven primarily
on snow.
Multi-use Pathway - defined
"Multi-use Pathway" means that part of a Park that has been improved with a hard
surface and intended for a variety of uses including pedestrians, in-line skating and
certain Vehicles.
Municipality - defined
"Municipality" means the Corporation of the Municipality of Chatham-Kent.
Officer - defined
"Officer" means a Provincial Offences Officer as defined in section 1(1) of the Provincial
Offences Act, R.S.O. 1990, c.P.33, which includes a by-law enforcement officer of the
Municipality and a Police Officer of the Chatham-Kent Police Service.
Park(s) - defined
"Park" or "Parks" means land and land covered by water and all portions thereof owned
by the Municipality or made available by lease, agreement, or otherwise, to the
Municipality, that is or hereafter may be established, dedicated, set apart, or made
available for use as public open space by the Municipality, that is, has been or hereafter
may be placed under the jurisdiction of the Municipality, including any buildings,
structures, facilities, erections and improvements located in or on such land and
includes authorized parking areas.
Paintball Gun - defined
"Paintball Gun" means a device which uses an expanding gas, such as carbon dioxide
(CO2) or compressed air, to propel paintballs through the barrel of the device, or other
similar devices.
Recreation Area - defined
"Recreation Area" means an area or building or combination of both under the control
of the Municipality which is maintained and/or supervised by employees of the
Municipality and includes any tennis court, beach area, boat docking facility,
promenade, arena, skating rink, swimming pool, wood lot, Special Use Trail, Multi-use
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Pathway, wading pool/spray pad, play area, skateboard facility, sports field, designated
area of a Park, a building or portion of a building which is owned, leased or used by the
Municipality, including a school and school grounds, for the purpose of offering
recreation to the public.
Refuse - defined
"Refuse" includes but is not limited to paper wrappers, food containers, discarded food,
disposable eating utensils, and newspapers, drink containers of all kinds, disposable
diapers, broken glass, grass clippings and inert fill of any kind.
Roadway - defined
"Roadway" means that part of a Park or Recreation Area that is improved, designed or
ordinarily used by vehicles and motor vehicles.
Running At Large - defined
"Running At Large" means a dog found in any Park or Recreation Area and not under
the physical Control of any person by means of a leash held by the said person.
Special Event Activities - defined
"Special Event Activities" means a meeting, camping, outdoor wedding, concert, sing-
song, sit-in, dance, organized sport or game or any other group activity.
Special Use Trail - defined
"Special Use Trail" means a trail located and designed in response to the need for
exclusive or limited uses to include hiking, cycling, off road vehicles, equestrian and
canoeing, and/or to respond environmental conditions of a particular location.
Trailer - defined
"Trailer" means a vehicle that is at any time drawn upon a highway by a motor vehicle,
except an implement of husbandry, a mobile home, another motor vehicle or any device
or apparatus not designed to transport persons or property, temporarily drawn,
propelled or moved upon such highway, and except a side car attached to a motorcycle
and shall be considered a separate vehicle and not part of the motor vehicle by which it
is drawn.
Vehicle - defined
"Vehicle" includes a Motor Vehicle and any Vehicle drawn, propelled or driven by any
kind of power including muscular power but excludes a child's wagon, a baby carriage,
a child's stroller, a wheelchair or similar device (motorized or otherwise) used by an
individual due to a disability.
Walkway - defined
"Walkway" means an access from street to street.
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Washroom - defined
"Washroom" means any permanent or temporary structure or portion of a structure that
contains toilets and/or urinals and wash basins and which is owned, leased or operated
by the Municipality.
Part 2
By-law Application and Administration
2.1
By-law Applicability - defined
This by-law applies to all Recreation Areas, Parks and any premises located therein
which are under the control and management of the Municipality, together with the
avenues, boulevards, drives, streets and approaches thereto and connecting the same.
2.2
Emergency and Maintenance Vehicles - excepted
Notwithstanding any provision of this by-law, Vehicles operated on behalf of an
ambulance service, fire department, police department, public utilities and the
Municipality, shall have full access to all parts of a Park and/or a Recreation Area at all
times where such access is possible.
2.3
By-law Administration
This by-law is administered by the Community Attraction and Leisure Services Division,
Community Development Department of the Municipality.
2.4
Wheel Chairs Excepted
Despite any regulation in this by-law restricting the use of Motor Vehicles in Parks, for
greater certainty a wheelchair or similar device (motorized or otherwise) used by an
individual due to a disability may be used in all areas of Parks including Multi-use
Pathways and the accessible portions of hiking trails.
Part 3
General Prohibited Activities
3.1
Activities - prohibited
In any Park or Recreation Area, no person shall:
(1)
Operate a Vehicle at a rate of speed in excess of the posted speed
limit or in excess of 30 kilometers per hour in un-posted areas.
(2)
Operate a Motor Vehicle except on a Roadway or in an Authorized
Parking Area or as defined on a Special Use Trail.
(3)
Park a Vehicle or Trailer in a place other than an Authorized Parking
Area.
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(4)
Operate, park, or leave unattended a Vehicle or Trailer in any part of a
Park or Recreation Area between 11:00 p.m. and 6:00 a.m. in the
morning of the following day, excluding boats for which mooring fees
have been paid.
(5)
Operate a Motor Vehicle, horse & horse drawn Vehicle or Motorized
Snow Vehicle on a Multi-use Pathway.
(6)
Fail to yield to a pedestrian when using a permitted Vehicle on a Multi-
use Pathway.
(7)
Use a Special Use Trail in any way other than the single or limited use
for which it is designed and intended.
(8)
Operate a Motorized Snow Vehicle.
(9)
Engage in riotous, boisterous, violent, threatening, or illegal conduct or
use profane or abusive language, including, but not limited to.
i)
Making any verbal comments or physical gestures, about or toward
anyone that could reasonably be considered to be offensive, derogatory
or abusive
ii) Making noise likely to disturb any inhabitant or interfere with the
enjoyment of the Park or Recreation Area through the use of electronic
equipment or any other means
iii) Urinating or defecating except in a designated Washroom facility
(10) Play or practice golf or strike any golf ball by any means whatsoever in
an area not designated for such activities.
(11) Climb, break, peel bark from, cut, remove, deface or otherwise damage
any tree, shrub or bush, or pick, destroy or remove any flower, plant,
roots, grass or rock cause or permit any animal under their Control or
ownership to damage any trees, shrubs, bushes, flowers, plants or
roots: post any sign or poster on any tree, bush, or shrub.
(12) Remove, break, deface, or otherwise damage any building, equipment
or any other property of the Municipality.
(13) Fail to deposit Refuse in containers provided or if containers are not
provided fail to remove Refuse from Walkway or Multi-use Pathway,
Park or Recreation Area.
(14) Light a fire or make use of any fire unless in a properly constructed
barbecue or in a fire-pit designated for the purpose by the Municipality
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and an open burn permit has been obtained from the Fire Services
Department of the Municipality.
(15) Fish from a location which may endanger the safety of any other
person.
(16) Swim in areas of boat docking or launching facilities or boat in
designated swimming areas.
(17) Permit a dog under their ownership or Control to run at large except in
a designated leash free area.
(18) Leave any excrement and not sanitarily dispose of any excrement left
by an animal anywhere in the Park or Recreation Area.
(19) Cause or permit any animal under their Control or ownership to swim in
or enter into or foul any swimming or wading pool or spray pad
intended for human use only.
(20) Remain in a Walkway, Multi-use Pathway, Park or Recreation Area for
unauthorized purposes.
(21) Loiter in any Washroom or Change Room, or engage in conduct within
a Washroom or Change Room that could reasonably be considered to
be offensive.
(22) Use a cellular phone, camera or any device capable of recording
images in Change Rooms or Washrooms.
(23) Discharge or permit the discharge of any water from private properties,
including pool water and water from a roof drainage system, onto, into
or over any Park or Recreation Area with the exception of natural over
land flow from adjacent residential yards.
(24) Hinder or obstruct, or attempt to hinder or obstruct, any person
exercising or performing a duty under this by-law.
(25) Enter any Washroom or Change Room, or portion thereof, in any Park
or Recreation Area, set apart for the opposite sex provided that this
shall not apply to children who are 10 years of age or younger and who
are, at the time, accompanied by a parent, guardian, caregiver or
caretaker.
(26) Encroach on municipally owned lands or erect fences on municipally
owned lands without the written consent of the Manager and any such
object encroaching shall be removed by the abutting owner forthwith at
their expense.
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(27) Use a Firearm, Crossbow, or Paintball Gun anywhere in the Park or
Recreation Area.
Part 4
Activities - Subject to Approval
4.1
Activities prohibited - subject to approval
Unless authorized by the Manager in writing, no person shall engage in any of the
following activities in a Park or Recreation Area:
(1)
Remain in a Park or Recreation Area between the hours of 11:00 p.m.
and 6:00 a.m. of the following day, except that a person may enter or
remain in a Park during the times the Manager has authorized use of
the Park or Recreation Area or in areas designated for camping by the
Municipality or in a boat for which mooring fees have been paid to the
Municipality.
(2)
Linger or remain in any public Park or Recreation Area after 11:00
p.m. except with permission from the Manager for the completion of an
organized game or sport which could not have been completed prior to
11:00 p.m. because of weather or other reason.
(3)
Hold or take part in an unauthorized public meeting or gathering where
such a meeting or gathering requires booking through the
Municipality's facility rentals process.
(4)
Sell refreshments or other merchandise to the public.
(5)
Operate any business, game, show or amusement for admission by
the public.
(6)
Consume, serve, sell or possess liquor without proper approval of the
Municipal Clerk and the Alcohol and Gaming Commission of Ontario.
(7)
Change the landscape, including but not limited to, removing plants or
plant materials, digging holes, cutting trees, and/or depositing fill
without written permission of the Manager.
Notwithstanding subsection (3) and (4) of Section 4.1 the Manager shall retain the right
to authorize Special Event Activities deemed to celebrate and support heritage, arts and
cultural events or broader Municipal benefit.
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Part 5
Enforcement
5.1
Applicable law
Any person using any Park and Recreation Area is subject to, and shall comply with all
applicable Municipal by-laws, Provincial and Federal laws and regulations. Without
limiting the generality of the foregoing, all persons using any Park and Recreation Area
shall comply with By-law 137-2014 to regulate smoking of tobacco and tobacco like
products on lands within the Municipality of Chatham-Kent.
5.2
Fine - upon conviction
Any person who contravenes any provision of this by-law is guilty of an offence and,
upon conviction, is liable to a set fine for those contraventions listed in Schedule "A"
attached hereto, or otherwise a maximum fine as provided in the Provincial Offences
Act, R.S. O. 1990, c. P.33.
5.3
Continuation - repetition of offence - prohibited
The court in which the conviction has been entered and any other court of competent
jurisdiction thereafter may make an order prohibiting the continuation or repetition of the
offence by the person convicted, and such order shall be in addition to any other penalty
imposed by the court on the person convicted.
5.4 Enforcement
Any Officer or person under contract with the Municipality to enforce this by-law, may
order a person believed to be in contravention of the by-law to:
(1)
Cease the activity that is in contravention of the by-law; and/or
(2)
Leave the Park or Recreation Area; imposing such conditions related to
re-entry as deemed necessary;
(3)
Order the removal of any Motor Vehicle, Vehicle, Trailer parked in
contravention of section 3.1 (3) all such costs of storage and moving shall
be assessed to the Vehicle owner.
Part 6
Fees
6.1
Use without payment - prohibited
No person shall use a Park or Recreation Area without first having paid the applicable
fee, if any, or having made the appropriate arrangements for the scheduled payment of
fees according to the practices established by the Manager and as established in the
applicable municipal fees and charges by-law # 19-2016, or such other or successor by-
laws passed by Municipal Council for this purpose.
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Part 7
Miscellaneous
7.1
Validity
If a court of competent jurisdiction declares any section or part of a section of this by-
law invalid, the remainder of this by-law shall continue to be enforced.
7.2
By-law reference on signs - deemed to conform
On a sign posted by the Municipality in a Park or Recreation Area, reference to By-law
#66-2004, #38-2009, #19-2016 shall be deemed to references to this by-law.
7.3
Effective date
This by-law shall come into force and effect on the day of its final reading.
7.4
Repeal of By-law
By-law #38-2009, and all amendments thereto, are hereby repealed.
Read a First, Second and Third Time this 7th day of March, 2016.
__________________________
Mayor - Randy R. Hope
__________________________
Clerk - Judy Smith