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Consolidated Version - Amended by By-laws 048-2020,
Page 1 of 14 of By-law No. 072-2006
THE CORPORATION OF THE TOWN OF MILTON
BY-LAW NO. 072-2006
BEING A BY-LAW TO MANAGE AND REGULATE PUBLIC PARKS IN THE TOWN
OF MILTON, AND TO REPEAL BY-LAW NO. 126-74, AS AMENDED
WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
permits a municipality to pass by-laws respecting parks and recreation;
AND WHEREAS the Council of the Corporation of the Town of Milton is desirous of
enacting a by-law to provide for the maintenance, operation, management and
regulation of municipal parks, and to repeal By-law No. 126-74, as amended;
NOW THEREFORE, THE COUNCIL FOR THE CORPORATION OF THE TOWN
OF MILTON ENACTS AS FOLLOWS:
1.
DEFINITIONS (As amended by By-law 048-2020)
1.1
In this By-law:
(a)
"animal" shall mean any member of the animal kingdom, other than a
human;
(b)
"BMX facility" shall mean bicycle motocross facilities as described in
Schedule "B" to this By-law;
(c)
"cat" shall mean a male or female feline over the age of six weeks of
any breed of domesticated cat or crossbreed domesticated cat;
(d)
"Council" shall mean the Council of the Town;
(e)
"Director" shall mean the Commissioner of Community Services, or
his/her designate;
(f)
"dog" shall mean a domesticated male or female of any canine species
over the age of twelve (12) weeks;
(g)
"emergency rule" or "emergency rules" shall mean any rule or rules
established under 4.2 of this By-Law;
(h)
"firearm" shall mean any type of gun or other firearms and includes
airguns, spring guns, crossbows, long bows, compound bows, pellet
guns or any class or type thereof, or anything that can be adapted for
use as a firearm;
(i)
"fireworks" shall mean any incendiary device, excluding sparklers;
Consolidated Version - Amended by By-laws 048-2020,
Page 2 of 14 of By-law No. 072-2006
(j)
"Municipal Law Enforcement Officer" shall mean a Municipal By-law
Enforcement Officer appointed by Council;
(k)
"park" shall include any land or premises under the control and/or
management of the Town for park or recreational purposes and
includes any lane, walkway or public parking area leading thereto, and
also includes any and all buildings, structures, equipment, facilities,
and improvements located in or on such land;
(l)
"parking area" shall mean an area that is physically laid out for the
purpose of parking vehicles or that is designated by an official sign for
such purpose by the Town;
(m)
"Police Officer" shall mean an officer of the Halton Regional Police
Service;
(n)
"refreshment vehicle" shall mean a vehicle from which refreshments
are sold for consumption by the public and includes carts, wagons,
trailers, trucks and bicycles;
(o)
"Town" shall mean the Corporation of the Town of Milton;
(p)
"vehicle" includes a motor vehicle as defined under the Highway
Traffic Act, R.S.O. 1990, c. H.8, as amended, and any bicycle,
carriage, wagon, sleigh or other vehicle or conveyance of every
description, whatever the mode of power, and includes snow vehicles,
but excludes a wheelchair or similar device (powered or otherwise)
used by an individual due to a disability, a baby carriage or cart, child's
wagon, child's stroller, child's sleigh or other conveyance of like nature.
2.
PARKS, GENERAL (As amended by By-law 048-2020)
2.1
Parks in the Town are for the use, benefit and pleasure of all persons, subject
to the rules and regulations passed under this By-law and all other applicable
by-laws and legislation.
3.
DIRECTOR'S DUTIES
3.1
The Director shall be responsible and shall have all powers necessary for:
(As amended by By-law 048-2020)
(a)
the administration of this By-law;
(b)
the management, control, regulation, maintenance and development of
all parks;
Consolidated Version - Amended by By-laws 048-2020,
Page 3 of 14 of By-law No. 072-2006
(c)
the issuance of any necessary permits and the making of any required
designations pursuant to the provisions of this By-law;
4.
PARKS RULES AND CLOSURES (As amended by By-law 048-2020)
PARK RULES AND CLOSURES
4.1
If the Director deems it necessary in the interest of public health, safety and
welfare, the Director has the authority to restrict or limit the use of, close or
otherwise prohibit entrance to any park or area, building or structure within a
park;
4.2
Where the Town is subject to a declaration of emergency, pursuant to Section
4 or Section 7.0.1 of the Emergency Management and Civil Protection Act,
R.S.O. 1990, c. E. 9 as amended ("Emergency Management Act") the Town
delegates to the Mayor, for the duration of the emergency, the power to
establish emergency rules for parks, for the health, safety and welfare of the
public, including:
(a)
rules for maintaining physical distance within a park;
(b)
any other rules the Mayor deems necessary for protection of the
health, safety and welfare of persons within a park;
4.3
Where authority has been exercised under s. 4.1 or 4.2, the restriction,
limitation, closure. prohibition or emergency rule, comes into effect upon
notice to the public being provided by any one of the following methods:
(a)
posting a sign or notice at the entrance to a park;
(b)
posting a sign or notice within a park; or
(c)
posting a notice to the Town website.
4.4
Park emergency rules shall:
(a)
be operable only for the period of the declaration of emergency under
sections 4 or 7.0.1 of the Emergency Management Act; and
(b)
be deemed a part of and incorporated into this By-law and may be
added administratively as a schedule to this By-law for ease of
reference.
4.5
In a park, no person shall:
(a)
contravene any emergency rules;
Consolidated Version - Amended by By-laws 048-2020,
Page 4 of 14 of By-law No. 072-2006
(b)
park or area within a park that is closed, or to which entrance is
contravene any posted rules and regulations at any prohibited by the
Director; or
(c)
enter a park or area within a park contrary to any limitation or
restriction established by the Director;
5.
ANIMALS IN PARKS
5.1
In addition to any other provision of this By-law, animals in parks shall be
subject to the Animal Control By-law, as amended from time to time.
5.2
At all times while in a park, domestic animals, other than dogs, must be kept
under the control of a person with sufficient strength and ability to control the
animal.
5.3
While in a park, dogs shall be kept on a leash pursuant to the Town's Animal
Control By-law, as amended from time to time.
5.4
Animals are not permitted to drink from drinking fountains designed for human
use.
5.5
Any person owning or having a domestic animal under his or her control in a
park shall immediately remove and dispose of any excrement deposited by
said animal.
5.6
Without the written authorization of the Director, no person shall:
(a)
bring any livestock or any other non-domestic animal into a park;
(b)
kill, maim, trap, injure or in any way molest or disturb any animal,
including birds, waterfowl or other wildlife whose habitat is in a park;
(c)
remove or injure the nests or eggs of any bird or fowl located in a park;
(d)
feed waterfowl and/or wildlife in a park.
5.7
excluding persons reliant upon a verified service dog, permit any dog, cat or
other domestic animal to enter any pond, swimming area, garden, landscaped
area, playground or sports field, or any other area posted to prohibit same, or
disturb any wildlife or damage any park property.
6.
FIREWORKS, FIREARMS AND OPEN FIRES
6.1
Without the written authorization of the Director, no person shall, within in a
park:
Consolidated Version - Amended by By-laws 048-2020,
Page 5 of 14 of By-law No. 072-2006
(a)
make or kindle an open fire or barbeque, for any purpose, including
cooking;
(b)
possess a firearm, archery equipment or catapult;
(c)
fire or discharge any torpedo, rocket or other fireworks.
7.
ALCOHOL
7.1
No person shall, while in a park, consume, serve or sell alcohol unless
authorized in writing by the Director, and without obtaining the necessary
permits and approvals required by any applicable public authority, including
those from the Alcohol and Gaming Commission of Ontario.
8.
CAMPING & LODGING
8.1
Without the written authorization of the Director, no person shall:
(a)
erect a tent or shelter, or park a trailer of any kind for overnight
accommodation in a park;
(b)
dwell, camp or lodge in a park.
9.
SIGNS, HANDBILLS
9.1
Without the written authorization of the Director, no person shall erect, post
distribute, or otherwise display any signs, notices, posters, handbills,
circulars, signboards or advertising devices within a park:
10.
COMMERCIAL ACTIVITIES
10.1 No person shall practice, carry on, conduct or solicit for any business or trade
within a park.
10.2 No person shall sell tobacco products in a park.
10.3 Notwithstanding section 10.1 of this By-law, the sale of refreshments is
permitted in parks only by those vendors who have obtained the necessary
permit from the Director.
10.4 Once the necessary permit has been obtained from the Director, the vendor
shall apply to the Clerk's Division for a business license, and shall present the
permit from the Director to the Licensing Officer.
10.5 The following regulations apply to vendors who have obtained permits to sell
refreshments in parks:
Consolidated Version - Amended by By-laws 048-2020,
Page 6 of 14 of By-law No. 072-2006
(a)
all vehicles from which refreshments are sold must be parked in the
area designated for such purpose, with the exception of non-motorized
refreshment vehicles;
(b)
all vendors selling refreshments shall keep the grounds within a 46
metre (150 feet) radius of their designated sales area clear of garbage
and litter on a continuous basis;
10.6 No vendor shall operate or offer for sale any refreshments unless a valid
business license obtained from the Clerk's Division, and a valid permit
obtained from the Director are prominently displayed on the refreshment
vehicle.
11.
RECREATION
11.1 In a park, no person shall:
(a)
play golf or hit a golf ball;
(b)
enter any public swimming pool, except at times designated for
swimming;
(c)
in or adjacent to any swimming pool, fail to abide by posted signs or to
obey the instructions of any lifeguard or other authorized person;
(d)
swim, bathe or wade in any fountain, pond, or stream, except in a
designated area;
(e)
other than an approved personal flotation device, take any inflatable
device, snorkel or other underwater breathing device into the water in a
park without the written authorization of the Director;
(f)
enter any portion of a washroom, bathhouse, or change room set apart
for the opposite sex. Subsection 11.1(f) shall not apply to:
(i)
children who are eight (8) years of age or younger and who are,
at that time, under the care of a parent or guardian; and
(ii)
persons with a disability or who require the assistance of a
parent/guardian/caregiver.
(g) use cellular telephones, cameras or any other photographic, video or
audio or recording devices in a washroom, bathhouse or change room
located in a park; (As amended by By-law 048-2020)
(h)
engage in hockey or carry or use a hockey stick or similar equipment
on a natural or artificial ice surface which is designated for pleasure
skating only unless posted and under the authority of the Director;
Consolidated Version - Amended by By-laws 048-2020,
Page 7 of 14 of By-law No. 072-2006
(i)
race, speed, interfere with, or do anything that would endanger the
safety of others on a skating rink.
11.2 No person shall, while in a park, erect a tent or other temporary structure for
recreational purposes, unless authorized in writing by the Director, and
without obtaining the necessary permits and approvals from the Town and/or
other agencies.
12.
BOATING
12.1 No person shall boat on any body of water within the Town.
12.2 Notwithstanding section 12.1, boating is permitted on the Mill Pond, as show
on Schedule "C", subject to the following regulations:
(a)
the dock in Livingston Park shall only be used to launch a non-
motorized row boat, kayak, or canoe upon any portion of the whole of
the Mill Pond. The use of a boat other than a non-motorized row boat,
kayak or canoe on the Mill Pond requires the written authorization of
the Director;
(a)
all boats must be removed from the Mill Pond at least 30 minutes prior
to sunset, and shall not be launched prior to 30 minutes after sunrise,
and boats shall be removed from the Mill Pond upon notification by the
Town;
(b)
all boat operators and passengers must be 16 years of age or older
unless accompanied by an adult;
(c)
all boat operators and passengers must wear certified personal
floatation devices;
(d)
swimming, jumping, or diving from boats is prohibited.
12.3 No person may store a boat in a park.
12.4 No person may construct docks or any other equipment or structure in a park.
Where a dock or other equipment or structure has been erected in a park, the
Town shall have the right to remove such dock, other equipment or structure.
13.
PARKING (Section 13 PARKING was deleted as per By-law 048-2020)
14.
VEHICLES
14.1 In a park, no person shall:
Consolidated Version - Amended by By-laws 048-2020,
Page 8 of 14 of By-law No. 072-2006
(a)
operate any vehicle other than on roads or driveways provided for such
purpose, nor shall any vehicle be driven at a greater speed than 16
kilometres per hour (10 miles per hour);
(b)
instruct, teach or coach any person in the driving or operation of a
vehicle;
(c)
use any portion of a park for the purpose of washing, cleaning,
polishing, servicing, maintaining, or with the exception of an
emergency, repairing any vehicle or water vessel;
(d)
operate or ride any motorized go-carts, dirt bikes, off-road vehicles,
including all-terrain vehicles, and similar vehicles in a park, on a
walkway, or in a parking area;
(e)
ride a skateboard or in-line skates on a road.
15.
BICYCLES
15.1 Riders of bicycles in any park shall comply with all traffic rules and shall not
exceed a speed of 16 kilometres per hour (10 miles per hour).
15.2 Section 15.1 of this By-law does not apply to designated BMX facilities
identified on Schedule "B" to this By-law.
15.3 Bicyclists shall yield the right-of-way to pedestrians.
15.4 Bicyclists shall not damage the surface of trails, and must remain on
designated trails.
16.
GENERAL PROHIBITIONS (As amended by By-law 048-2020)
16.1 No person, while in any park, shall:
(a)
indulge in riotus, boisterous, threatening or indecent conduct, use
profane or indecent language, create a nuisance by spying, frightening
or annoying any other person in any manner, or otherwise interfere
with the peaceable enjoyment of others;
(b)
make excavations for any purpose;
(c)
move any building or structure within a park, or remove, destroy, or
injure any plant material without the written authorization of the
Director;
(d)
possess an axe, saw, chainsaw or other implement normally used for
the cutting or trimming of trees;
Consolidated Version - Amended by By-laws 048-2020,
Page 9 of 14 of By-law No. 072-2006
(e)
without the written authorization of the Director, operate loud speakers
or sound amplifying equipment;
(f)
operate, or use, any radio, tape player, compact disc player, dvd
player, car radio, or any other sound reproducing system in a manner
that disturbs or interferes with other persons in or near the park, or is
contrary to the Town's Noise By-law, as amended from time to time;
(g)
build any structure, and/or store equipment and/or materials in a park,
unless authorized in writing by the Director.
17.
WASTE AND POLLUTION
17.1 In a park, no person shall:
(a)
dispose of or dump garbage, litter, tree trimmings, grass clippings, or
like refuse, except that which is generated through the normal use of
the park and shall only deposit same in receptacles provided for such
purpose;
(b)
unless authorized by the Director in writing, dump or deposit snow, fill,
soil, and building or construction materials;
(c)
dump into any waters of any pool, pond, lake, stream, fountain or
watercourse of any kind any reptiles, fish, animals or other living
organisms, without the written approval of the Director;
(d)
dump plants or plant materials of any kind into any waters of any pool,
pond, lake, stream, fountain or watercourse of any kind, without the
written approval of the Director;
(e)
dump or drain onto any soils or into any waters of any pool, pond, lake,
stream, fountain or watercourse of any kind any material, toxic or
otherwise, which may have the effect of polluting same;
(f)
release any balloons.
18.
ORGANIZED GATHERINGS AND PICNICS
18.1 No person shall, while in a park:
(a)
hold a picnic, organized gathering or event for more than twenty-five
(25) persons without obtaining the written authorization of the Director;
(b)
interfere with a picnic, organized gathering or event authorized by the
Director.
Consolidated Version - Amended by By-laws 048-2020,
Page 10 of 14 of By-law No. 072-2006
19.
FILMING
19.1 Filming of motion pictures in parks shall be in accordance with Town policy.
20.
HOURS
20.1 No person shall remain in or enter into any of the parks between the hours of
10:00 p.m. and 5:00 a.m. of the following day, unless the park is listed on
Schedule "A" to this By-law.
20.2 No person shall remain in or enter into any of the parks listed in Schedule "A"
attached hereto and forming part of this By-law, between the hours of 11:00
p.m. and 5:00 a.m. of the following day.
20.3 The Director may, in writing, authorize extensions to the hours listed in
sections 20.1 and 20.2 of this By-law.
21.
EXEMPTION
21.1 The Town and the Halton Regional Police Service are exempt from the
provisions of this By-law.
21.2 Vehicles operated for emergency services on behalf of an ambulance service,
fire department, police department, and/or Milton Hydro and the Regional
Municipality of Halton have full access to all parts of a park at all times.
22.
ENFORCEMENT (As amended by By-law 048-2020)
22.1 This By-law shall be enforced by Municipal Law Enforcement Officers, Police
Officers, officers of the Oakville Humane Society and Conservation Halton or
such other persons as the Director or Council may designate.
22.2 If a person appears to have contravened this By-Law, the Director, a Police
Officer or a Municipal Law Enforcement Officer may verbally direct that
person to leave a park or area within a park as the case may be.
22.3 Any person who receives direction to leave a park or area within a park under
Section 22.2 shall do so forthwith.
22.4 Any person who contravenes any provision of this by-law is, upon conviction,
guilty of an offence and shall be liable to a fine, subject to the provisions of
the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, and be
subjected to any other penalties permitted by law for each offence. Each day
such violation continues shall constitute a separate offence and shall be
punishable as such.
Consolidated Version - Amended by By-laws 048-2020,
Page 11 of 14 of By-law No. 072-2006
23.
DELEGATION OF AUTHORITY (As amended by By-law 048-2020)
23.1 The Director shall have delegated authority to update Schedules "A" and "B"
of this By-law as new parks are opened by the Town and to add or remove
any emergency rules as schedules to this By-law.
24.
SEVERABILITY (As amended by By-law 048-2020)
23.1 If a court of competent jurisdiction declares any section or part of this By-law
invalid, the remainder of this By-law shall continue in force unless the court
makes an order to the contrary.
25.
This by-law shall be known as the Parks By-law. (As amended by By-law 048-2020)
26.
By-law No. 126-74, as amended, is hereby repealed. (As amended by By-law 048-2020)
READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 17th day
of July, 2006.
__________________________Mayor
Gordon A. Krantz
_________________________ Town Clerk
Troy McHarg
Consolidated Version - Amended by By-laws 048-2020,
Page 12 of 14 of By-law No. 072-2006
SCHEDULE "A" TO BY-LAW NO. 072-2006
PARKS WITH LIGHTED SPORTS FIELDS
Bristol District Park
Brookville Park
Drumquin Park
Lions Sports Park
Maplehurst
Omagh Park
Rotary Park
List amended by Director September 23/09
Consolidated Version - Amended by By-laws 048-2020,
Page 13 of 14 of By-law No. 072-2006
SCHEDULE "B" TO BY-LAW NO. 072-2006
PARKS WITH DESIGNATED BMX FACILITIES
Drumquin Park BMX Track
Lions Sports Park Freestyle BMX Facility
Consolidated Version - Amended by By-laws 048-2020,
Page 14 of 14 of By-law No. 072-2006
Schedule "C" to By- Law No. 072-2006
Copyright: Teranet Inc., 2006
Town of Milton, 2006