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HomeMy Public PortalAboutPark Regulation Consolidated Bylaw 718 TOWN OF OLIVER BYLAW NO. 718 A bylaw to regulate the use of Parks The municipal council of the Corporation of the Town of Oliver, in open meeting assembled, ENACTS AS FOLLOWS: Title 1. This Bylaw may be cited as "Park Regulation Bylaw No. 718, 1993". Definitions 2. In this bylaw: (a) ‘Camping Equipment’ means suitcases, sleeping bags, bedrolls, tents, tarpaulins or any other form of temporary shelter or bedding.” (b) "Caretaker" means the administrator or clerk of the Town or any other persons designated by the administrator or clerk to schedule park use and maintenance. (c) "Park" means any publicly held or controlled lands, including any buildings, parking areas or other improvements located thereon, that are operated by the Town for the rest, recreation or enjoyment of the public and includes Trailer Parks, Public Walkways, and the lands surrounding the municipal offices at 35016 — 97th Street. (d) "Public Walkway" means a linear corridor that is established, controlled or maintained by the Town for the purpose of public pedestrian and/or bicycle transportation. (e) "Scheduled Event" means a meeting, party, dance, or other gathering which the Caretaker has contracted or otherwise authorized in writing to take place in a Park. (f) "Town" means the Corporation of the Town of Oliver or the municipal boundaries of the Town of Oliver as the context may require. (g) "Trailer Park" means any Park operated by the Town for the purpose of a campsite or recreational vehicle park for which users pay a daily, weekly or monthly fee for the privilege of camping or parking of recreational vehicles. Amendment Bylaw 863,1997 Park Regulation Bylaw No. 718, 1993 Page 2 Exemption 3. This Bylaw shall not apply to officers, employees or contractors of the Town who are in any Park for the performance of their duties. Camping 4. Other than in a Trailer Park or at a Scheduled Event where camping has been authorized in writing by the Caretaker, no person shall: (a) take or carry any Camping Equipment into or onto any Park; or (b) erect, use, deposit or store Camping Equipment in any Park.” 5. No person shall enter or remain in a Trailer Park unless applicable camping fees have been paid. Prohibited Entry 6. (a) No person shall enter or be in a park between dusk and 6:00 a.m. the following morning unless they are attending an approved Special Event. (b) Notwithstanding 6 (a) the hours of operation for Lion’s Park shall be 6:00 a.m. to 10:00 p.m. daily, unless a person is attending an approved Special Event. 7. No person shall be on the roof of any building in a Park. 8. No person shall enter into any building or into any area of a Park that is locked or closed to the public. Vehicles in Parks 9. No person shall operate a vehicle in any Park except in designated parking areas and public access roads unless special permission has first been obtained from the Caretaker for the purpose of delivering materials or setting up equipment for special events, and in such circumstances, operation of vehicles shall be only in strict compliance with the terms set out by the Caretaker. 10. No person shall stop or park a vehicle in any Park other than in areas designated for parking. 11. No person shall leave a vehicle stopped in a Park: (a) longer than for the time period specified on a posted sign; Amended by Bylaw 1030 Aug. 26, 2002 Amendment Bylaw 863,1997 Amended by Bylaw 718.05 July 9, 2018 Park Regulation Bylaw No. 718, 1993 Page 3 (b) within 5 metres of a fire hydrant; (c) in an area where or at a time when stopping or parking is prohibited by a posted sign or by markings on the pavement; or (d) in an area designated for vehicles displaying a disabled person placard on the dashboard or hanging from the inside rear view mirror, unless the vehicle is displaying a disabled persons placard on the front dashboard or hanging from the inside rear view mirror. Vendors 12. No person shall sell or offer to sell any food, clothing, toys, novelties or any other goods whatsoever in any Park unless permission to do so has been granted by the Town and applicable fees for leasing space have been paid and all other applicable licensing Statutes and Bylaws are adhered to. Damage to Parks 13. No person shall tamper with, break, deface, cut, paint, or otherwise cause damage to any lock, gate, table, bench, equipment, roadway, sidewalk, sign, building, structure or any other appurtenant device located within any Park. 14. No person shall cut, break, injure, kill, uproot or otherwise damage whether by hand, with tools, with a motor vehicle or by any other means, any tree, shrub, turf or other planting in any Park. 15. No person shall pick, cut or remove any rocks, flowers, other plant cuttings or other landscape material from any Park. 16. No person shall deposit, discard or store any litter, garbage waste or other articles in any Park. Animals 17. No person shall lead or allow any dog, horse or any other animal into any Park except as follows: (a) dogs on a leash are allowed in those parks or sections thereof which have been so designated by resolution of the municipal council of the Town, and have been posted "Dogs on Leash Allowed". Amendment Bylaw 771,1994 Park Regulation Bylaw No. 718, 1993 Page 4 (b) dogs on a leash and horses that are either ridden or being led are allowed on the Okanagan Flood Control Right of Way; and (c) dogs or cats on a leash, in a cage, in a tent or camper or tied up and attended to at all times by their owners are allowed in Trailer Parks. 18. No person shall feed any bird or other animal within a Park except that persons may feed their own pets in a Trailer Park. No Alcohol 19. No person shall consume any alcoholic beverage or carry any alcoholic beverage in an unsealed container in any Park except within the confines of a Scheduled Event that is legally licensed to serve alcoholic beverages or within a camping site in a Trailer Park for which the person has paid the applicable camping fee or to which the person has been invited by another person who has paid the applicable camping fee. Unacceptable Behaviour 20. No person shall harass, obstruct, accost, threaten or in any way interfere with the enjoyment of a Park by another person, nor shall they behave in an intoxicated, rude, obnoxious, aggressive or otherwise offensive manner. Enforcement 21. Any Police Officer, Constable, Caretaker or Bylaw Enforcement Officer of the Town may exclude from a Park any person who contravenes any portion of this or any other applicable Bylaw. 22. No person shall interfere with, obstruct or refuse to cooperate with any Police Officer, Constable, Caretaker or Bylaw Enforcement Officer of the Town who is performing his duties under this Bylaw. 23. Any person who contravenes any portion of this bylaw has committed an offence and is liable to a fine of not more than $2,000.00 or a jail term of not more than 6 months or both plus the costs of prosecution. 24. For any offence of a continuing nature, each day's continuance of an offence shall constitute a new and distinct offence. 25. Any Police Officer, Constable, Caretaker or Bylaw Enforcement Officer of the Town may seize or impound any Camping Equipment or other item taken onto, erected, stored or Park Regulation Bylaw No. 718, 1993 Page 5 left in any Park contrary to this bylaw. If any seized item is not claimed and an impounding fee of fifty dollars ($50.00) is not paid within one week of the seizure, the items shall be forfeited by the owner and may be sold by the Town or otherwise disposed of. Park Alterations 26. No person, group or organization shall install or alter any equipment, furniture or building, nor shall they plant or modify any landscaping in a Park without written approval of the Town. Loitering 27. No person shall within a Park or at a Community Facility: (a) loiter in any washroom facility, or conduct themselves in such manner as to be objectionable to other persons or the public in or immediately adjacent to any such washroom facility, bathing beach or Community Facility; (b) organize or promote any procession, march, drill, performance, ceremony, concert, sporting event or commercial endeavor in or on any Park unless the written permission of the Recreation Manager has been first obtained. Repeal 28. "The Village of Oliver Park Regulation Bylaw No. 363 - 1979" is hereby repealed. READ A FIRST, SECOND AND THIRD TIME, the ___ day of _________________, 1993. RECONSIDERED AND FINALLY PASSED, the ____ day of _________________, 1993. ______________________________ ______________________________ Mayor Clerk THIS BYLAW HAS BEEN CONSOLIDATED FOR PUBLIC CONVENIENCE. THE SIGNED ORIGINAL COPY IS IN THE VAULT. Amended by 718.04 August 10, 2015