Public Parks and Facilities By-law

I. Short Title

1.  This by-law may be cited as the “Public Parks and Facilities By-law”.

II. Definitions

gg.  "Vehicle" includes a motor vehicle, trailer, boat, motorized snow vehicle, mechanical equipment and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a power or electric wheelchair, or a mobility scooter.

III. Interpretation

3.  In this By-law, a word interpreted in the singular number has a corresponding meaning when used in the plural.

4.  Parts, Sections and Paragraph headings are inserted solely for ease of reference.

IV. Permit Application, Fees and Issuance

5.  Permit and Permit Applications:

a.  While in a Public Park, no person shall arrange or engage in an Organized Sport or Activity as indicated on “Schedule 1” without a Permit.

b.  A person may obtain a Permit from the County or from a Field Management Group authorizing that person to arrange or engage in an Organized Sport or Activity. Permits as are available for the amenities in Public Parks as outlined in “Schedule 1”.

c.  Applications for a permit required or available under the provisions of this by-law should be completed and submitted to:

1. 1. 1. the County, for a Public Park as indicated on “Schedule 1”, in the form and content stipulated by the General Manager, Planning & Economic Development or his/her designate, at least 5 days in advance of the proposed use/activity; or
      2. the Field Management Group, for a Public Park as indicated on “Schedule 1”, at least 5 days in advance of the proposed use/activity.

6.  Name of Applicant: An application for Permit must be made in the name of and endorsed by the person(s) on whose behalf the use/activity is being undertaken and not in the name of any agent for that person.

7.  Permit Fees: Fees to be charged for applications and/or the issuance of a Permit pursuant to this by-law are prescribed within the County’s User Fees By-law and shall be paid in accordance with the Facility Booking and Allocation Policy.

8.  Retention of Permit: Permit recipients must keep their Permits with them while in the Public Park and be able to produce the Permit upon the request of a Municipal Law Enforcement Officer or Police Officer. Where the Permit recipient is a corporation, partnership or association, the Permit shall remain at all times in the possession of a partner or principal officer or his/her delegate while in the Public Park, whichever the case may be.

9.  Compliance with Other Government/Public Authority Bodies: The issuance of a Permit shall not relieve any person from the necessity of acquiring any other license or Permit required for such activity by any government or public authority or found within the Special Event Guidelines.

10.  Permit Denial: Any applicant for a Permit which, in the opinion of the General Manager, Planning & Economic Development or his/her designate, failed to meet the criteria stipulated in Section 17, and therefore were denied a Permit, may apply to Council for approval.

V. Delegation of Authorizing Authority

VI. Public Park Hours

12.  Notwithstanding any other section of this by-law which may exempt a Public Park from the provisions of this section, where signs have been erected, no person shall:

a.  remain or enter into any Public Park between the hours of 11:00 p.m. and 6:00 a.m. except as a participant or spectator of a function authorized by Council or by Permit;

b.  remain in the Public Park upon completion of an Organized Sport or Activity as a participant or spectator of any function between the hours of 11:00 p.m. and 6:00 a.m.; or

c.  enter any place where a sign prohibiting admittance or trespassing is displayed or where admission is otherwise prohibited or restricted.

VII. Animals

13.  No person being the owner or having care and custody of an animal shall permit such animal to be in a Public Park without the approval though the Special Event process or by Council. This Section does not apply to the owner of a dog or a cat.

14.  No owner of a dog shall have a dog on a Public Park, or any part thereof, that is designated by sign, as an area where dogs are prohibited.

15.  While in any Public Park, no owner of a dog shall allow, permit or cause, a dog to be running-at-large, except any designated leash-free zone; and

16.  While in any Public Park, every person as the owner of a dog shall immediately remove and dispose of any feces left by the dog.

VIII. Open Air Fires and Barbeques

17.  While in a Public Park, no person shall:

a.  build or attempt to build an Open Air Fire;

b.  leave a Barbecue unsupervised;

c.  leave a Barbecue without extinguishing the Barbecue and ensuring that any remaining embers or ashes are cold;

d.  depose or dump the remaining embers or ashes from a Barbecue anywhere in a Public Park, except in a garbage receptacle provided for by the County, and only then when the remaining embers or ashes are cold; and

e.  depose or dump the remaining hot embers or ashes from a Barbecue in a garbage receptacle provided for by the County.

IX. General Prohibitions

n.  conduct archaeological research or remove any relic, artifact or natural object;

o.  erect or operate an amusement device or inflatable device regulated pursuant to Technical Standards and Safety Act, 2000, Ontario Regulation 221/01;

p.  hold, host, organize, operate or coordinate a Special Event;

q.  interfere with an authorized Special Event or person issued a Permit by the County for a specific use of the Public Park.

r.  feed, cause or permit the feeding of any bird such as geese or ducks.

19.  While in a Public Park, no person shall engage in any conduct that is contrary to the Public Conduct on Haldimand County Property Policy.

20.  Every person shall comply to the conditions attached to a permit.

21.  No person shall, while in a Public Park fail to follow the instructions of a Municipal Law Enforcement Officer, Police Officer or Facilities Personal when directed to do so, when such directions are in the interests persons health or safety or for the protection or preservation of the Public Park.

X. Games, Sports and Activities

22.  While in any Public Park, no person shall interfere with an Organized Sport or Activity authorized by Permit.

23.  No person shall participate in or play an Organized Sport or Activity, a Recreational Sport or other activity in an area of a Public Park where signs are posted prohibiting the Organized Sport or Activity, Recreational Sport or other activity.

XI. Swimming Pool and Public Change Room

e.  being the owner of a dog, permit the dog to enter a swimming pool, splash pad or wading pool. This section does not apply to a service animal if it is readily apparent that the animal is used by the owner for reasons relating to his or her disability;

f.  enter any public washroom, change room, bathhouse or bathing station or portion thereof, set apart for the opposite sex.  This shall not apply to persons who are 5 years  of age or younger or persons who are at that time, under the care of a parent or guardian;

g.  loiter in any public washroom, change room, bathhouse or bathing station, or conduct themselves in such a manner as to be objectionable to another person using, or in the vicinity of, said washroom, change-room, bathhouse or bathing station.

XII. Injury and Damage Property of Public Park

25.  No person shall in any Public Park:

a.  injure any Natural Attribute or tree;

b.  injure any Parkland;

c.  climb any building, structure or equipment unless it was intended or designed for recreational climbing;

d.  cut any vegetation along the banks of the Grand River or other riverbank unless authorized by the County and the Grand River Conservation Authority.

26.  Section 25 above, does not apply to any person, group or organization that has entered into an agreement with the County or who has written permission from the General Manager, Community Services or his/her delegate.

XIII. Encroachment

27.  Unless authorized by Council, no person shall encroach upon or take possession of any Public Park by any means whatsoever, including the construction, installation or maintenance of any fence or structure, the dumping or storage of any materials or planting, cultivating, grooming or landscaping, thereon.

XIV. Waste and Pollution

c.  unless authorized by Permit, dump or deposit snow, fill, soil, building or construction materials;

d.  dump or drain onto any soils or into the waters of any pool, pond, lake, stream, fountain  or watercourse any kind any material, toxic or otherwise; or

e.  discharge or permit the discharge of any water from private properties, including pool water or water from roof drainage systems, onto, into or over any park with the exception of natural land overflow from adjacent residential yards.

XV. Protection of Wildlife

29.  While in any Public Park, no person shall:

a.  subject to the provisions of Section 18 (e) kill, attempt to kill, maim, injure, trap, remove or disturb any animal, fish, bird, waterfowl, worms or other wildlife; and

b.  touch, injure or remove any nest or egg therefrom.

Section 30 above does not apply to:

a.  a person that is authorized in writing by the General Manager, Community Services or his/her delegate;

b.  an employee of the Welland and District SPCA while in the course of their duties; and

c.  a Municipal Law Enforcement Officer or Police Officer.

XVI. Roadway

30.  Unless authorized by Council or by Permit and except as provided in Section 35 with respect to bicycles, no person shall in any Public Park:

a.  drive, operate, pull or ride any Vehicle except on a roadway or parking area; or

b.  fail to obey a sign posted on a Roadway.

XVII. Parking

c.  park a vehicle in an Accessible Parking space when appropriate signs have been erected and on display, without displaying an Accessible Permit;

d.  park a vehicle in any area when appropriate signs have been erected and on display prohibit parking;

e.  stop a vehicle in any area when appropriate signs have been erected and on display prohibit parking;

f.  park or stop a vehicle in any area or parking space when appropriate signs have been erected to reserve the area or space for use by specific persons or vehicles;

g.  park or stop a vehicle in any area or parking space except while actively using the Public Park;

h.  park or stop a vehicle in such a manner as to interfere with the use of any other area  or parking space;

i.  park or allow any vehicle to stand unattended, unless it is secured in such a manner as to prevent its operation by any person not so authorized by the owner of the vehicle;

j.  park a vehicle for a period of time longer than the signed time limit, when appropriate signs have been erected and on display, if any; and

k.  park or stop a vehicle, or allow a vehicle to stand, contrary to the instructions of a Police Officer, a Municipal Law Enforcement Officer or an employee of the County.

32.  No person shall make use of any roadway or parking lot in any Public Park for:

a.  washing, cleaning, servicing, maintaining or except in the event of an emergency, the repair of any vehicle, unless authorized; or

b.  instructing, teaching or coaching any person in the driving of a motor vehicle.

XVIII. Removal of Vehicles

33.  A Police Officer or Municipal Law Enforcement Officer upon discovery of any vehicle parked, stopped or standing in contravention of Part XVII of this By-law may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof if any, are a lien upon the vehicle which may be enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, Chapter R.25, as amended.

XIX. Bicycles and Power-Assisted Bicycles

a.  ride or operate a Power-assisted bicycles while the power assistance is engaged;

b.  ride, operate or be in possession of any bicycle where signs are posted to prohibit same;

c.  obstruct, inconvenience or endanger other users of the Public Park while riding or operating a bicycle;

d.  subject to Section 30, fail to comply with all rules of the road normally in force and effect on a highway;

e.  ride abreast of more than one other cyclist;

f.  operate a bicycle which is not equipped with a bell or horn;

g.  operate a bicycle after dark which is not equipped with a front white light and a rear red light;

h.  fail to activate the required bicycle lighting when operating a bicycle after dark; or

i.  fail to maintain proper control of the bicycle at all times.

XX. Motorized Recreational Vehicles

36.  No person shall ride, drive, park or be in possession or control of a motorized recreational vehicle in any Public Park except in a Designated Area or when authorized in writing by the General Manager, Community Services or his/her delegate.

XXI. Trucks and Commercial Vehicles

a.  being used for the purpose of making a delivery to a point within the limits of the Public Park, while it is proceeding to or from such point of delivery; or

b.  operated for personal, recreational or non-commercial use and where permitted by the General Manager, Community Services or his/her delegate.

XXII. Vehicles and Speed

39.  While in any Public Park, no person shall operate:

a.  any vehicle on a roadway at a speed in excess of the signed limit; or

b.  a bicycle at a speed which endangers or is liable to endanger any other person using the Public Park or which causes another person using the Public Park to experience a reasonable apprehension that they are at risk of injury or harm.

XXIII. Commercial Enterprises, Solicitation or Advertisements

40.  Unless authorized by Permit, no person shall while in a Public Park, sell, offer or display for sale:

a.  any food, drink or refreshment;

b.  any goods, wares, merchandise or articles including promotional material, souvenirs and novelties; or

c.  any art, skill, service or work.

41.  While in any Public Park, no person shall practice, carry on, conduct or solicit for any trade, occupation, business or profession.

42.  No person shall in any Public Park, place, maintain or allow to remain any coin-operated vending machine or game of any nature except when authorized in writing by the General Manager, Community Services.

43.  While in a Public Park, no person shall beg, solicit or invite subscriptions or contributions.

44.  Unless authorized by Permit, no person shall:

a.  while in any Public Park distribute, discard or display any handbill, notice or other circular, bill or advertisement; or

b.  post, nail, attach, stencil or otherwise fasten or erect any poster, sign, notice, placard or other circular, bill, advertisement or paper to any Public Park property.

XXIV. Filming and Taping

45.  Unless authorized by Permit and/or PART XXVIII no person shall while in a Public Park, take or allow to be taken, any filming, where such a Permit is required pursuant to the Haldimand County Filming Guidelines and Filming Policy.

XXV. Enforcement

c.  to leave the park.

51.  A Municipal Law Enforcement Officer, or Police Officer may make an Order, sent by prepaid regular mail to the last known address, posted on-site or personally delivered to a person requiring the person within the time specified in the Order to:

a.  discontinue the contravening activity; and/or

b.  do work to correct the contravention.

52.  An Order may be served on a person personally by handing it to the person, but where the Order cannot be given or served by reason of the person’s absence from the person’s property or by reason of evasion of service, the order may be given or served:

a.  by handing it to an apparently adult person on the person’s property;

b.  by posting it in a conspicuous place upon some part of the owner’s property and by sending a copy by ordinary mail; or

c.  by sending it by prepaid registered mail to the owner at the address where he/she resides.

53.  If an Order is served by registered mail, the service shall be deemed to have been made on the fifth (5th) day after the day of mailing.

54.  An Order under Section 50 shall set out:

a.  reasonable particulars of the contravention adequate to identify the contravention and the location of property on which the contravention occurred;

b.  the work to be completed; and

c.  the date(s) by which the work must be complete.

55.  Where any person contravenes any of the provisions of this by-law or fails to comply with any order referred to in Section 50 hereof, any Permit, approval or any exclusion or any exception provided for in this by-law, provided to such person, to remain in or use that park, is revoked.

56.  Where any person contravenes any of the provision of this by-law and fails to comply with an order to leave the park, such person is subject to the provisions of the Trespass to Property Act, R.S.O. 1990, c.T.21.

XXVI. Penalty

a.  On a first conviction to a fine of not more than $50,000; and

b.  On a subsequent conviction to a fine of not more than $50,000 for each day or part of a day upon which the contravention has continued after the day on which the individual was first convicted.

59.  A corporation convicted of an offence under subsection 57 is liable to:

a.  On a first conviction to a fine of not more than $50,000; and

b.  On a subsequent conviction to a fine of not more than $50,000 for each day or part of a day upon which the contravention has continued after the day on which the corporation was first convicted.

60.  A director or officer of a corporation who knows that the corporation is violating or has violated a provision of the by-law is guilty of an offence and on conviction is liable to:

a.  On a first conviction to a fine of not more than $25,000; and

b.  On a subsequent conviction to a fine of not more than $10,000 for each day or part of a day upon which the contravention has continued after the day on which the corporation was first convicted.

XXVII. Obstruction

61.  No person shall or attempt to hinder or obstruct a Municipal Law Enforcement Officer or Police Officer in carrying out his or her duties as described under this by-law.

XXVIII. Exclusions and Exceptions

62.  The provisions of this by-law shall not apply to a person who has received Council approval for a Special Event or has otherwise received Council approval or who has authorization from the General Manager, Community Services or his/her delegate, subject to all of the specified exemptions, terms and conditions of that approval or authorization.

63.  The provisions of this by-law shall not apply to:

a.  the drivers, operators or other personnel of emergency medical and fire service vehicles, Police or Municipal Law Enforcement Officers appointed by the Council of Haldimand County, while engaged in the performance of duties; or

b.  employees or agents of the County while engaged in works or services undertaken for or authorized by the County in any Public Park.

64.  This by-law shall be subject to provisions of contracts and agreements now or hereafter entered into by the County respecting works or services to be performed in any park

XXIX. Conflict with Other By-laws

65.  In the event of any conflict between the provision of this by-law and any other by-law regarding the regulation of parks and facilities, including the by-laws referred to in Part XXXI, the provisions of this by-law shall prevail, however, the by-law will not invalidate the enforceability of other provisions of those by-laws.

XXX. Severability

66.  Where 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 in force unless the Court makes an order to the contrary.

XXXI. Repeal of Existing By-laws

67.  By-laws 31-74, 35-85, 19-79, 21-83 of the former Town of Dunnville, By-law 418-84 of the former Town of Haldimand and By-law 49-94 of the former City of Nanticoke are hereby repealed.