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Page 1
CITY OF WHITEHORSE
BYLAW 2015-20
A bylaw to govern the use of parks and public open space within the City of Whitehorse
WHEREAS section 265 of the Municipal Act RSY 2002 Chapter 154 (the "Act") provides
that council may pass bylaws:
(1) for the safety, health, and welfare of people and the protection of persons and
property;
(2) for the activities in, on or near a public place or a place that is open to the public;
(3) subject to the Motor Vehicles Act (the "MVA"), for the use of motor vehicles or other
vehicles, on or off highways, and the regulation of traffic; and
(4) for vegetation and activities in relation to it;
AND WHEREAS section 266 of the Act provides that, without restricting section 265, a
council may in a bylaw passed under this division to regulate, control, or prohibit;
AND WHEREAS section 126(1) of the MVA provides that a municipality may make bylaws
controlling and regulating the use of highways, sidewalks, and other public places;
AND WHEREAS section 126(2) of the MVA provides that, without limiting the generality
of subsection (1), a municipality may make bylaws under and for the purposes of
subsection (1) prohibiting a class or classes of motor vehicles from using wholly or
partially for a certain period, or periods, a highway in the municipality and restricting the
use of a highway in whole or in part to a particular class of vehicle;
AND WHEREAS section 126(4) of the MVA provides that a municipality may make bylaws
prohibiting, controlling and regulating the use of vehicles, including vehicles operated
exclusively off-highway, on land that is not a highway; and
AND WHEREAS section 249(2) of the MVA provides that a municipality may by bylaw
confer on an officer or employee of the municipality the powers of a peace officer under
any of sections 36, 50, 86, 106, 114, 130, 133 to 136 inclusive, 181, 203, 217, 230, and
232 of the MVA;
NOW THEREFORE, the council of the municipality of the City of Whitehorse, in open
meeting assembled; hereby ENACTS AS FOLLOWS:
SHORT TITLE
1.
This bylaw may be cited as the "Parks and Public Open Space Bylaw".
DEFINITIONS
2.
In this bylaw:
"ALL-TERRAIN VEHICLE" means an all-terrain vehicle as defined in the City of
Whitehorse All-Terrain Vehicle Bylaw as amended from time to time;
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"AUTOMOBILE" means a vehicle typically with four wheels, powered by an internal
combustion engine or electric motor and able to carry a small number of people
and includes a truck, car, van, sports utility vehicle, and motorhome, and excludes
snowmobiles and all-terrain vehicles;
"BOULEVARD" means the land fronting or along the side of residential property
between the property line and the curb or maintained land that lies between two or
more lanes on the same roadway;
"CITY MANAGER" means the Chief Administrative Officer of the City or a duly
authorized representative;
"CITY" means the municipality of the City of Whitehorse;
"CITY PARK" means a City owned park including any public outdoor lot owned by
the City and set aside specifically for recreation, including City playgrounds,
cemeteries, paved trails, tot-lots, walkways, and similar uses;
"CITY PLAYGROUND" means an area intended to meet the outdoor recreation
needs of residents and provides amenities including an outdoor rink and play
apparatus;
"CITY TRAIL" means a trail as defined in the City of Whitehorse Trail Plan as
amended from time to time;
"COUNCIL" means the duly elected council of the City of Whitehorse;
"DAMAGE" means by one's actions, whether intentional or unintentional, a
building, place, thing, land, or vegetation has been defaced, injured, harmed, or
deteriorated;
"DESIGNATED DEVELOPMENT AREAS" mean the areas identified on the map
attached hereto as Schedule "B" and forming part of this bylaw; (page 16)
"DESIGNATED OFFICER" means the R.C.M.P., the Manager, an employee of the
City of Whitehorse Bylaw Services Department or an authorized representative as
designated by the City Manager or council;
"E-BIKE" means an electric motor-assisted bicycle as defined in the City of
Whitehorse E-Bike Regulation Bylaw as amended from time to time. (Bylaw 2021-
23 passed April 26, 2021)
"ELECTRIC WATERCRAFT MOTOR" means a device that is solely powered by
battery where the primary function is to propel the watercraft through water with a
rating of 50 pounds thrust or less;
"E-MOBILITY DEVICE" means a self-balancing transport device powered by an
electric motor which uses the shifting weight of the rider to balance the device, and
includes a hover-board, electric unicycle, and electric skateboard. (Bylaw 2021-23
passed April 26, 2021)
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"FEE" means a fee as set out in the City's Fees and Charges Bylaw as amended
from time to time;
"FIRST NATIONS GOVERNMENT" means the band council of the Kwanlin Dün
First Nation and Ta'an Kwäch'än;
"JUDGE" means one who is appointed to preside and to administer the law in a
court of justice, and includes a Justice of the Peace;
"MANAGER" means the Manager of the Parks and Community Development or
designate;
"MOBILITY DEVICE" means any device designed to assist the mobility of a person
with a physical disability. (Bylaw 2021-23 passed April 26, 2021)
"MOTORIZED VEHICLE" means any conveyance that is powered by or capable
of being powered by means other than human power, including solar, electric, or
combustion engines, and including automobiles, snowmobiles, and all-terrain
vehicles, but excluding e-bikes and e-mobility devices; (Bylaw 2021-23 passed April 26,
2021)
"OPEN WATER" means a body of water including, but not limited to, a lake, pond,
river or stream;
"OPERATE" means, whether or not a vehicle or watercraft motor is running, a
person that is in the act of carrying, driving, manoeuvring, parking, pushing,
stopping, towing, or transporting a vehicle or watercraft motor;
"OPERATOR" means the person who operates a vehicle;
"OWNER" means the registered owner, operator, or lessee of a vehicle or thing
and includes any person, partnership, association or corporation that owns,
possesses or has control of a vehicle or thing;
"PARK" means any municipal outdoor area owned by the City and used to
accommodate the recreation of residents of the City or enhance the beauty or
preserve the natural surroundings of the community including:
(1)
City parks and City playgrounds;
(2)
City trails;
(3)
campgrounds leased, owned or operated by the City
"PARK EQUIPMENT" means anything constructed or placed in a public open
space by the City or its agents, whether temporary or permanent, excluding
vegetation and including any sign, building, wall, bench, table, railing, stairs,
wading pool, fire pit, barbeque stands, swing set, compost bin, waste receptacle,
planter, underground sprinkler, irrigation system, fence, bridge, guardrail,
memorial marker, vase or other similar thing;
"PERMIT" means a permit issued by the Manager, including a special event permit;
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"PERSON" means an individual or any business entity including a firm,
partnership, association, corporation, or society;
"PUBLIC OPEN SPACE" means any outdoor area within the City used to
accommodate the recreation of residents of the City or enhance the beauty or
preserve the natural surroundings of the community including:
(1)
a park;
(2)
undeveloped park areas and future development areas as listed in the
Official Community Plan;
(3)
public open space lands under the ownership or control of the Crown, the
Commissioner of the Yukon or the City of Whitehorse; and
(4)
greenbelts and buffer areas under the ownership or control of the Crown, the
Commissioner of the Yukon, or the City of Whitehorse.
"PUBLIC WASTE" means waste generated by a person or a person's pet while out
in public and shall include, but not be limited to, candy bar wrappers, pop cans,
bottles, empty chip bags, coffee cups, fast food containers, items for day-use
outings and picnics, and single-use bags with dog faeces;
"RECREATION" means the leisure time pursuits of a person whether they be
passive, active, creative or social in nature and includes such activities as arts,
social or sports events;
"ROADWAY" means that portion of any road, street, lane or alley designed,
improved or ordinarily used for motor vehicle travel by the general public and
includes roadway rights-of-way and parking areas;
"ROADWAY RIGHT-OF-WAY" means the first five metres of surveyed right-of-way
adjacent to a roadway and excludes a boulevard;
"SEXUAL ACTIVITY" means physical contact of a sexual nature, in open public,
with one or more persons and excludes hugging or kissing;
"SNOWMOBILE" means a snowmobile as defined in the City of Whitehorse
Snowmobile Bylaw as amended from time to time;
"SPECIAL EVENT" means an event with ceremonies, festivities or activities,
including but not limited to, parades, celebrations, rallies, races, and sports
functions;
"SPECIAL EVENT PERMIT" means the City's written approval by the Manager, to
conduct an activity in a public open space, with or without conditions, for a fee;
"TRAFFIC CONTROL DEVICE" means any sign, signal, marking, or device of a
permanent or temporary nature that was erected pursuant to the authority of an
enactment for the purpose of regulating, warning or guiding trail users;
"TRAIL PLAN" means the document approved by council which provides guidance
for City trail planning and the development of City trails and City trail networks;
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"VEGETATION" includes any living or dead bush, flower, grass, ground cover,
plant, shrub, tree, turf, or vine, whether it is in a wild, natural, or landscaped state;
"VEHICLE" means any motorized vehicle or non-motorized vehicle, including a
trailer or camper, but excluding a bicycle, e-bike, electric mobility device,
wheelchair or mobility device. (Bylaw 2021-23 passed April 26, 2021)
"WASTE" includes all metal, rock, concrete, snow, water, ice, gravel, cinders,
shavings, wood scrap, building materials, trade waste, household waste, grass
clippings, wood chips, tree limbs, garden waste, abandoned vehicles, putrescible
and non-putrescible solid wastes including broken dishes, tins, glass, rags, cast-
off clothing, waste paper, cardboard, food containers, and weeds or any other
material or matter likely to interfere with the appearance and use of a public open
space;
"WATERCRAFT" means any boat, canoe, kayak or any other type of personal
watercraft for conveyance of a person on the water;
"WATERCRAFT MOTOR" means any motor designed to propel a watercraft
through water, excluding an electric watercraft motor;
"WHEELCHAIR" means a chair with wheels, used in instances where walking is
impossible or difficult due to illness, injury or disability. (Bylaw 2021-23 passed April 26,
2021)
EXEMPTIONS
3.
This bylaw shall not apply to a Designated Officer, enforcement officer, or
employees or agents of the Federal Government of Canada, First Nations
Government, Yukon Government, City of Whitehorse, or to operators of fire,
ambulance, search and rescue, or other emergency vehicles acting in the course
of their lawful duties.
GENERAL
4.
Persons using any park equipment or public open spaces do so at their own risk and
the City does not warrant such areas to be safe for use at all times.
5.
This bylaw shall apply to all public open spaces in the City, subject however to the
exceptions provided in any statute of the Yukon Government or any agreement
entered into by the City affecting any public open space or any part thereof.
6.
Notwithstanding any other provision of this bylaw, an owner or patrons of a
campground shall abide by the provisions of this bylaw.
7.
The Manager shall, as designated by the City Manager, be responsible for the
administration of this bylaw.
8.
The headings do not form a part of this bylaw but are inserted for convenience or
reference only.
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APPLICATIONS FOR, AND USE OF, PERMITS
9.
No person, shall hold a special event in any public open space of the City without
first obtaining a permit, the application for which shall be made in writing to the
Manager not later than 30 days prior to the special event.
10.
Notwithstanding any other provision of this bylaw, unless otherwise specified, the
Manager may issue a permit for any activity regulated or prohibited by this bylaw and
may impose such conditions or restrictions deemed necessary or required.
11.
Where this bylaw requires an application to be made for a permit or license the
Manager may establish the form and content of the application, the fee to be paid,
the documentation required to be submitted with the application and the
requirements that must be met for approval of the application.
12.
The Manager may establish the type of permit, license, or other documented notice
including the duration, and any conditions, and any other matter deemed necessary
by the Manager.
13.
The person to whom a permit has been issued shall comply with the permit, including
any conditions or restrictions imposed therein.
14.
A person or community association may request the Manager to develop, repair,
upgrade, or approve a City trail pursuant to the Trail Plan.
PARK AND PUBLIC OPEN SPACE USE
15.
Unless permitted by the Manager, no person in a public open space shall engage in
any activity that obstructs or interferes with the use or enjoyment of the area by any
other person, or which, in the opinion of a Designated Officer, may cause injury or is
dangerous to life or property. Without limiting the generality of the foregoing, no
person shall:
(1)
operate an amplification system;
(2)
take part in any procession, drill, performance, ceremony, concert or public
gathering;
(3)
divert or direct the flow of ground water through or to a public open space;
(4)
cause damage;
(5)
injure, disturb, trap or kill any animal or bird or destroy the eggs of any bird;
(6)
destroy any animal or bird habitat;
(7)
remove, destroy, mutilate, vandalize or deface any structure or fixture,
including but not restricted to bike lockers, monuments, ornaments, public art,
walls, fences, gates, signs, benches, tables, garbage receptacles or play
apparatus;
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(8)
throw, hit, shoot, propel or otherwise cause to be airborne any arrow, golf ball,
dart, lawn dart, or like projectile which can potentially cause physical injury or
harm unless the area is specifically designed for the activity; or
(9)
set off, launch or operate any flying remote control device including planes,
and helicopters unless the area is specifically designed for that activity.
16.
In a public open space, no person shall:
(1)
urinate or defecate except in a public washroom or portable facility provided
for that purpose;
(2)
engage in sexual activity;
(3)
loiter in any washroom or change room; or
(4)
engage in conduct that could reasonably be considered to be offensive.
17.
The City may establish hours of operation for public open spaces, the hours of
which shall be posted by sign at each maintained entrance into the public open
space.
18.
No person shall disobey a sign or traffic control device placed in a public open space.
CITY TRAILS
19.
Every City trail user shall:
(1)
exercise due care and attention to avoid colliding with any other user;
(2)
when entering or crossing a City trail, yield to users on the City trail;
(3)
take all necessary precautions to enter the City trail safely; and
(4)
yield to slower traveling City trail users, pedestrians, wheelchairs and
mobility devices. (Bylaw 2021-23 passed April 26, 2021)
20.
No person shall perform or engage in any stunt, trick, reckless or unsafe activity
on or in any public open space, unless authorized by the City for that purpose.
21.
No City trail or roadway within a public open space shall be developed or
established, unless approved by the City or landowner.
VEGETATION PROTECTION
22.
No person shall, in a public open space and without the approval of the Manager:
(1)
injure, bury, cover, damage, dig, cut, disturb or destroy any vegetation;
(2)
prune any vegetation;
(3)
alter the grade level or drainage pattern so as to interfere with the access to
water, air or nutrients of any vegetation;
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(4)
remove or interfere with any protective barrier placed around any vegetation;
(5)
make ruts or displace vegetation from its place of growth;
(6)
commence any work or activity liable to interfere with the root system of any
vegetation; or
(7)
plant any vegetation.
23.
No person shall walk upon any turf or grass area where signs are posted prohibiting
such activity.
WATERCRAFT MOTORS
24.
No person shall launch, load or unload, or be in possession of watercraft with a
watercraft motor, within 25 metres of any open water listed in Appendix "A" attached
hereto and forming part of this bylaw, whether or not the watercraft motor is attached
to the watercraft prior to being placed in the water except for an electric watercraft
motor.
WASTE
25.
No person shall:
(1)
place or deposit waste in any part of a public open space, except public waste
in a receptacle provided for such purpose, and in which case the public waste
shall not be offensive, injurious, or inconvenient to persons using such a public
open space; or
(2)
deposit household, commercial, or industrial waste of any type in a receptacle
in a public open space.
ADVERTISING AND BUSINESS ACTIVITIES
26.
Subject to Council policies, the Manager may provide:
(1)
a public open space or portion thereof as an area for which a permit may be
granted for the exclusive use by a person, group or business; and
(2)
the conditions upon which exclusive use may be made of an area; and
(3)
for areas excluded from use by the public.
27.
Unless otherwise permitted by the bylaws, plans or policies of the City, or unless
permitted by the Manager, while in a public open space no person shall:
(1)
make available, offer or give away free goods or services;
(2)
make available for sale goods or services;
(3)
carry on any business of any kind or nature whatsoever or solicit for any
business, trade or occupation;
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(4)
place a sign or device of any kind advertising or publicizing any commercial
venture or facility; or
(5)
place or leave any goods or merchandise in order to display the same for sale.
FIRES
28.
No person shall start or have any wood fire or burning embers in any public open
space except in designated fire places or fire pits provided and approved by the City
for such use.
CLOSURE
29.
The Manager may at any time as deemed necessary, temporarily close any public
open space or any portion thereof to public use.
30.
Unless authorized by the Manager, no person other than an employee of the City in
the course of his or her duties shall enter any public open space or portion thereof
while it is closed.
VEHICLES
31.
No person shall drive an automobile on a City trail unless the City trail was developed
or designated for such purpose as approved by the City.
32.
No person shall operate or park an automobile in a public open space or in a public
open space within a designated development area, except:
(1)
on a roadway or roadway right-of-way;
(2)
in an area set aside for automobile or vehicle parking;
(3)
for the maintenance of public utilities and other maintenance, as approved
by the Manager;
(4)
in cases of emergency; or
(5)
for other uses as permitted by the Manager.
33.
It is the responsibility of all public open space users to inform themselves of the
location and boundaries of areas where the operation of bicycles or vehicles of any
kind are prohibited, and at no time shall persons rely upon traffic control devices
as the sole means of identifying such prohibited areas.
34.
When a sign is erected in such a manner as to restrict motorized vehicles in a
public open space, no motorized vehicle may be operated beyond that point except
on a roadway or City trail developed for such use.
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CAMPING
35.
No person shall sleep in a public open space between the hours of 11:00 p.m. and
07:00 a.m., or temporarily or otherwise reside or camp in any public open space,
except:
(1)
in those areas established or designated as such by the City; or
(2)
in those areas where a temporary permit has been issued.
36.
For the purpose of this section, "reside or camp" shall include the use of tents, tent
trailers, motor homes, recreational vehicles, trailers, and lean-tos or any other similar
structures used for this purpose.
CONSTRUCTION AND DEVELOPMENT
37.
No person shall undertake any construction or development in a public open space
without prior written approval from the City.
38.
All development and construction shall comply with the terms and conditions of
federal, territorial, and municipal legislation and shall be in accordance with approved
designs and standards.
39.
Any construction that occurs within six metres of a tree in a public open space shall
be completed in accordance with a tree protection plan that meets the specifications
approved by the Manager prior to the commencement of work.
40.
No person shall place or cause to be placed in, on or surrounding any City trail or
public open space any object, including but not limited to rocks, trees, chain, rope,
wood, or metal, which may in the opinion of a Designated Officer obstruct or create
a hazard for City trail users or persons that may use the public open space, and in
addition to any other penalty or fine imposed for a breach of this bylaw, such
person shall be liable for the costs to remove the obstruction or hazard.
TRAFFIC CONTROL DEVICES
41.
The City Manager may prescribe where traffic control devices are to be located
and installed in a public open space, including traffic control devices restricting the
speed or activity of any bicycle, vehicle, or person.
42.
In accordance with the provisions of the Motor Vehicles Act, a record of all traffic
control devices and their locations shall be kept at the City and shall be open for
public inspection during normal City business hours.
43.
No person shall erect, maintain or place a sign, device, object, or structure to regulate
the use of any public open space unless approved by this bylaw.
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POWER OF A DESIGNATED OFFICER
44.
Every person operating a vehicle shall, immediately when signalled or requested by
a Designated Officer:
(1)
bring the vehicle to a stop;
(2)
provide any information respecting the vehicle and themselves to the
Designated Officer;
(3)
remain stopped until such time as the Designated Officer permits them to
leave; and
(4)
comply with any request or direction of the Designated Officer.
45.
For the purposes of this section, vehicle includes a bicycle.
46.
A Designated Officer may remove from a public open space any person that
violates any provision of this bylaw or any enactment.
47.
Where a Designated Officer believes that conditions attaching to a permit are not
being met or is otherwise attempting to determine the validity of a permit, the
Designated Officer may ask any person claiming to be a permit holder to produce
identification; and ask any relevant questions for the purposes of identification, and
the person shall comply with any and all such requests.
48.
A Designated Officer may enter upon any land in any area of the City, with a
reasonable and probable purpose, to prevent the continuation of an offence under
this bylaw which shall include, but not be limited to, obtaining particulars of
ownership and determining the identity of the operator of a vehicle or bicycle.
SEIZURE POWERS
49.
A Designated Officer may seize and impound:
(1)
A vehicle, if an operator fails or refuses to produce picture identification to
a Designated Officer;
(2)
A vehicle, bicycle, e-bike or e-mobility device, if a charge has been laid for
a breach of this bylaw and the Designated Officer has reasonable and
probably grounds to believe that there are safety concerns associated with
the continuation of such breach; or
(3)
A vehicle, bicycle, e-bike or e-mobility device which has been abandoned.
(Bylaw 2021-23 passed April 26, 2021)
50.
The City may retain custody of a seized and impounded vehicle, bicycle, e-bike or
e-mobility device until:
(1)
determination of the offence;
(2)
payment of any fine or fines, including the costs of seizure, any fee and cost
of storage; or
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(3)
where an item is seized in breach of this bylaw and the item is not claimed
within six months from the date of seizure, upon direction of the Manager it
may be disposed of pursuant to section 52 of this bylaw.
(Bylaw 2021-23 passed April 26, 2021)
51.
Where the owner of a motorized vehicle was not the operator of the motorized vehicle
or was not present at the time the motorized vehicle was apprehended, the
Designated Officer shall take reasonable steps to notify the owner of its
impoundment, together with the reasons for its impoundment and the place where it
is impounded.
52.
Where an impounded motorized vehicle or item is not claimed within six months from
the date of seizure, the Manager may direct its disposal by public auction, and where
the Designated Officer has determined the value of such motorized vehicle or item
to be less than $2000.00, the Manager may direct that it be disposed of at the City of
Whitehorse Waste Management Facility or a scrap yard.
COMMITTING AN OFFENCE
53.
Every person who contravenes any of the provisions of this bylaw, or who suffers
or permits any act or thing to be done in contravention or in violation of any of the
provisions of this bylaw, or who neglects to do, or refrains from doing anything
required to be done by any of the provisions of this bylaw, commits an offence.
54.
Any person who commits an offence under this bylaw is, in addition to any other
punishment, liable upon summary conviction to:
(1)
a voluntary fine, under section 20 of the Summary Convictions Act RSY
2002, c 210, issued in respect of an offence which shall be increased for
second and subsequent offences as specified in Schedule "A" attached
hereto and forming part of this bylaw; or
(2)
a fine not exceeding ten thousand dollars ($10,000.00) plus a fine of up to
$2,500 for each day that the offence continues, pursuant to section 343 of
the Municipal Act RSY 2002 c 154.
55.
The fine imposed under this bylaw may increase for second and subsequent
offences.
56.
Where a person is convicted of an offence under this bylaw the Judge may, in
addition to any other measure imposed on the offender, order that the offender pay
restitution pursuant to section 738 of the Criminal Code of Canada.
57.
Where an offence is committed or continues on more than one day, it may be
deemed to be a separate offence for each day on which the offence is committed
or continued.
58.
Should any person owning real property within the City refuse or neglect to pay
any fine that has been imposed pursuant to this bylaw, the City may charge the
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real property with the amount of the fine, which charge shall form part of the taxes
payable in respect of that real property.
MOTORIZED VEHICLE OWNER'S AND OPERATOR'S RESPONSIBILITY
59.
Where an offence under this bylaw is committed by a person operating a motorized
vehicle, the owner of the motorized vehicle is guilty of the offence, notwithstanding
that the owner was not operating the motorized vehicle at the time of the violation,
and the owner is liable, on summary conviction, to the penalty provided for that
offence, unless the owner satisfies the Judge that, at the time of the violation, the
motorized vehicle was in the possession of a person without the consent of the
owner.
BYLAW REPEAL
60.
Protected Area Bylaw 426, including all amendments and maps attached thereto, is
hereby repealed.
61.
Parks and Recreation Area Bylaw 92-15, including all amendments thereto, is hereby
repealed.
COMING INTO FORCE
62.
This bylaw shall come into full force and effect upon the final passing thereof.
FIRST and SECOND READING:
June 29, 2015
THIRD READING and ADOPTION:
July 13, 2015
ORIGINAL BYLAW SIGNED BY:
"Dan Curtis"
Dan Curtis, Mayor
"V. Anderson"
Valerie Anderson, Acting City Clerk
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SCHEDULE "A"
Voluntary Fines
Section
Description of Offence
Penalty
9
Hold special event without a permit
$100.00
13
Fail to comply with conditions or restrictions of a permit
$100.00
15(1)
Unapproved operation of amplification system
$100.00
15(2)
Unapproved public gathering
$100.00
15(3)
Tamper with flow of water
$100.00
15(4)
Cause damage while in public open space
$300.00
15(4)
Cause damage while in public open space (2nd offence)
$500.00
15(5)
Injure, trap or kill an animal or bird or destroy bird eggs
$500.00
15(6)
Destroy animal or bird habitat
$300.00
15(7)
Remove, destroy, mutilate, vandalize or deface property
$300.00
15(8)
Propel projectile which can cause physical injury
$300.00
15(9)
Launch, operate or set off flying remote control device
$100.00
16(1)
Urinate or defecate in public open space
$100.00
16(2)
Engage in sexual activity
$100.00
16(3)
Loiter in washroom or change room
$100.00
16(4)
Engage in conduct considered offensive
$300.00
18
Disobey sign or traffic control device
$100.00
19(1)
Fail to exercise due care and attention
$100.00
19(2)
Fail to yield to users on City trails
$100.00
19(3)
Fail to take all necessary precautions for safe trail use
$100.00
19(4)
Fail to yield right-of-way to slower users, pedestrians, etc.
$100.00
20
Engage in stunt, trick, reckless or unsafe activity without authority
$100.00
22(1)(2)
Damage to vegetation
$300.00
22(1)(2)
Damage to vegetation (2nd offence)
$500.00
22(3)(4)(5)(6)
Tamper or interfere with vegetation
$100.00
22(7)
Plant vegetation without approval
$100.00
23
Walk on turf or grass area against posted restriction
$100.00
24
Launch, load or unload watercraft into open water
$100.00
25(1)
Litter in a public open space
$500.00
25(2)
Deposit household, commercial or industrial waste in receptacle
$500.00
Office Consolidation of
Parks and Public Open Space Bylaw 2015-20
Consolidated to Bylaw 2021-23 passed April 26, 2021
Page 15
Section
Description of Offence
Penalty
27(1)(2)
Unauthorized distribution or sale of goods and services
$100.00
27(3)
Carry on or solicit for unauthorized business
$100.00
27(4)
Unauthorized placement of sign or device
$100.00
27(5)
Unauthorized placement of goods or merchandise
$100.00
28
Unauthorized open fire
$300.00
28
Unauthorized open fire (2nd offence)
$500.00
30
Unauthorized entry into public open space while it is closed
$100.00
31
Illegal operation of automobile on City trail
$300.00
31
Illegal operation of automobile on City trail (2nd offence)
$500.00
32
Illegal operation of vehicle in public open space
$300.00
32
Illegal operation of vehicle in public open space (2nd offence)
$500.00
34
Operate motorized vehicle contrary to signs
$300.00
34
Operate motorized vehicle contrary to signs (2nd offence)
$500.00
35
Camping in non-designated area
$100.00
37
Unauthorized construction or development
$300.00
40
Obstruct use or create hazard for users
$300.00
43
Unauthorized sign, device, object or structure
$100.00
44(1 - 4)
Fail to comply with Designated Officer
$100.00
47
Fail to produce identification/respond to Designated Officer
$100.00
Office Consolidation of
Parks and Public Open Space Bylaw 2015-20
Consolidated to Bylaw 2021-23 passed April 26, 2021
Page 16
APPENDIX "A"
Open Water
1. Chadburn Lake
2. Chadden Lake
3. Hidden Lakes (Riverdale)
4. Long Lake
5. Pump House Pond
6. Mary Lake
7. Hidden Lake (Porter Creek)
8. Ear Lake
9. McLean Lake
Office Consolidation of
Parks and Public Open Space Bylaw 2015-20
Consolidated to Bylaw 2021-23 passed April 26, 2021
Page 17
Map - Schedule "B"