2009-025 establish Regulation with respect to Municipal Parkland, and Municipally owned Lands used for Recreational PurposesBeing a By-law to Establish Regulations with respect to Municipal Parkland,
and Municipally Owned Lands used for Recreational Purposes
within the Township of Oro-Medonte
and to Repeal By-law No. 2004-085
WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a municipality to pass by-laws with respect to culture, parks, recreation
and heritage;
AND WHEREAS Section 11(2) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, authorizes a municipality to pass by-laws related to the health, safety and
well-being of persons;
AND WHEREAS Section 119 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, authorizes a municipality to prohibit or regulate the discharge of guns or
other firearms, air-guns, spring-guns, cross-bows, long-bows or any other weapons;
AND WHEREAS Council of the Corporation of the Township of Oro-Medonte has,
by by-law, established regulations with respect to animal control and
parking/standing of vehicles;
AND WHEREAS Council of the Corporation of the Township of Oro-Medonte
deems it expedient, and in the public interest, to enact a by-law establishing
regulations with respect to municipally-owned or controlled parkland and
municipally-owned lands used for recreational purposes within the Township;
NOW THEREFORE the Council of the Corporation of the Township of Oro-Medonte
enacts as follows:
1. DEFINITIONS
DIRECTOR means the Director of Recreation and Community Services of
The Township of Oro-Medonte or his/her designate.
MOTORIZED VEHICLE includes an automobile, motorcycle, motor assisted
bicycle unless otherwise indicated in this by-law, and any other vehicle
propelled or driven otherwise than by muscular power, but does not include a
motorized snow vehicle.
MOTORIZED SNOW VEHICLE means a self-propelled vehicle designed to
be driven primarily on snow.
MUNICIPAL PARKLAND means all lands owned by or belonging to The
Township of Oro-Medonte and as otherwise may be designated for use as a
public park, open space, dock or wharf, including any and all buildings,
structures, facilities, erections and improvements located in or on such land,
save and except where such land is governed by other By-laws of the
municipality.
RECREATIONAL VEHICLE means a boat, all terrain vehicle, off road
vehicle, personal water craft, motorcycle, or snowmobile, motorized or other
means of power.
SERVICE DOG means a dog used by a person for reasons relating to his/her
disability.
TREE means the member of any coniferous or deciduous species having
one or more self supporting trunks/stems and includes the roots, branches,
trunk/stems, or any part thereof.
WATERCRAFT means any device for conveyance in or on water and
includes, but is not limited to, boats, row boats, sailboards, kayaks, or
dinghies.
2. PROHIBITIONS
HOURS OF OPERATION:
a) No person shall enter into or remain in a park between the hours of
23:00 hours (11:00 p.m. ) and 05:00 hours (5:00 a.m.) inclusive.
b) The hours of operation for the following facilities/municipal lands, shall
be in accordance with the Township's current practices and
agreements:
iv)
V)
vi)
vii)
viii)
ix)
X)
xi)
CONDUCT:
Oro-Medonte Railtrail
Edgar Community Hall
Eady Community Hall
Hawkestone Community Hall
Jarratt Community Hall
Warminster Community Hall
Craighurst Community Hall
Carley Community Hall
Old Town Hall
Ian Beard Community Complex
Oro-Medonte Community Arena
c) No person shall indulge in riotous, boisterous, threatening, indecent or
nuisance conduct or abusive, threatening or profane language.
d) No person shall willfully or maliciously damage, remove, deface any
trees, shrub, grass, plant, sand, gravel, soil, rock, building, monument,
fence, bench, or other structure.
e) No person shall engage in the playing or practice of golf, archery,
"ball" or "ball and bat" games, except on grounds especially
designated for such purpose, and under no circumstances within 20
feet of any driveway.
f) No person shall ski, toboggan, snowboard, skibob or sled in an area,
except where signs authorizing such activities have been erected.
g) No person shall discharge a gun or other firearm, air-gun, spring-gun,
paintball gun, sling shot, cross-bow, long-bow or any other weapons.
h) No person shall scatter, drop or leave, any piece of paper, rag,
garbage, empty container or other bottle or any glass articles or
broken glass articles or rubbish of any kind, except in receptacles
provided for the deposit of refuse.
i) No person shall enter any place or location where the sign "No
Admittance" is displayed.
j) No person shall distribute any handbills or circulars, or post, place or
erect any bills, notice or paper, or advertising device or matter of any
kind except with the written permission of the Township.
k) No person shall sell, or offer for sale, or expose any merchandise,
article or anything for immediate or future delivery, or any art, skill or
service exercised or performed immediately or in the future.
1) No person shall practice, carry on, conduct or solicit for any trade,
occupations, business, or profession, unless authorized in writing by
Council.
m) No person shall build, ignite or stoke a fire.
n) No person shall use a solid fueled portable barbeque unless in an
area posted to allow the same.
o) No person shall camp or lodge therein.
p) No person shall install or erect any temporary or permanent tent or
structure in any municipal parkland, without written approval from the
Director of Recreation and Community Services
q) No person shall plant, cultivate, groom, or landscape thereon unless
authorized in writing by the Township.
MOTORIZED VEHCILES/RECREATIONAL VEHICLES:
r) No person shall operate or use any off-road/all-terrain vehicle.
s) No person shall operate a motor vehicle unless in a designated
parking area.
t) No person shall operate or use motorized snow vehicles except:
i. in the event of an emergency involving personal injury,
motorized snow vehicles shall be permitted.
ii. to provide access to the lakes at the following park locations:
Bayview Memorial Park, Shelswell Park, Southside Bass Lake
and the parkland adjacent to the 12th Line End-of-Road
Allowance.
iii. on the Oro-Medonte Lake County Railtrail and specific road
allowances by agreement with the Ontario Federation of
Snowmobile Clubs.
iv. as otherwise authorized in writing by the Township.
u) No person shall launch any motorized watercraft from any park into
any lake in an area not designated as a boat launch.
v) No person shall use any watercraft in the waters of any designated
swimming area.
w) No person shall dock watercraft at the foot of Blackman Avenue.
x) No person shall dock or moor watercraft at any Municipal Dock or
Wharf for period of longer than 2 hours, except when authorized in
writing by Council.
y) No person shall fasten or attach any device to a motorized vehicle or
motorized recreational vehicle for the purpose of being towed, drafted
or otherwise pulled.
ANIMALS:
z) No person shall bring any animal onto Municipal Parkland or
municipally owned lands used for recreational purposes, except a dog
unless authorized in writing by Council.
i) No person shall lead or let loose any kind of dog in Bayview
Memorial Park, with the exception of a service dog, which
shall be under control, as defined in the Township's Animal
Control By-law.
ii) While in a park, every person as owner or person having
control of any dog shall;
a) Ensure that the dog is on a leash or chain not exceeding
1.9 metres (6 feet).
b} Immediately remove any excrement left by such dog,
and dispose of such excrement in a sanitary manner, in
accordance with the Township's Animal Control By-law.
3. EXEMPTIONS: Council may grant an exemption to Section 2 or any part
thereof and may require compliance with requirements of the municipality
with respect of such exemption.
4. ENFORCEMENT & FINES: Every person who contravenes any Provision of
this By-law is guilty of an offence and shall be liable to a fine in the amount to
be determined pursuant to the Provincial Offences Act. R.S.O. 1990, c. P.33
and every such fine is recoverable under the Provincial Offences Act.
5. SEVERABILITY CLAUSE: In the event that any provision of this by-law is
quashed or is declared or otherwise found to ultra vires or unenforceable by
the Township, such clause shall be deemed to have been severed from the
remainder of the by-law.
6. By-law No. 2004-085 is hereby repealed.
7. This By-law shall come into force and effect on its final passing.
READ A FIRST AND SECOND TIME THIS 25TH DAY OF FEBRUARY, 2009.
READ A THIRD TIME AND FINALLY PASSED THIS 25TH DAY OF FEBRUARY,
2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H.S. Hughes
3
Cleat, J. Dougias Irwin
1
MAY - 1 2009
ORO-MEDONTE
PROVINCIAL OFFENCES ACT
PARTI
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the attached schedule of offences under the Provincial Statutes and
Regulations thereunder and Municipal By-law No. 2009-025 for The Corporation
of the Township of Oro-Medonte, attached hereto is the set fine for those
offences. This Order is to take effect April 20th, 2009.
DATED at Newmarket this 20th
day of April, 2009. f
Gregory Regis
Regional Senior Juice
Central East Region
Township of Oro-Medonte
By-Law No. 2009-025
Regulations with respect to Municipal Parkland, and Municipally owned lands used for
recreational purposes
Part I Provincial Offences Act
Item
Short Form Wording
Provisions Creating Set Fine
or Defining Offence
1
Enter park between 11:00 pm and 5:00 am
2 (a)
$100.00
2
Remain in park between 11:00 pm and 5:00 am
2 (a)
$100.00
3
Damage to parkland
2 (d)
$200.00
4
Playing sports games in unauthorized area
2 (e)
$60.00
5
Discharge weapon on parkland
2 (g)
$250.00
6
Litter parkland
2 (h)
$60.00
7
Disobey "No Admittance" sign
2 (i)
$60.00
8
Unauthorized posting of notices or advertisements
20)
$60.00
9
Unauthorized distribution of literature
20)
$60.00
10
Unauthorized sale of merchandise
2 (k)
$100.00
11
Unauthorized business solicitation
2(1)
$100.00
12
Unauthorized campfire
2 (m)
$350.00
13
Unauthorized use of portable barbeque
2 (n)
$60.00
14
Camping on parkland
2(o)
$100.00
15
Unauthorized erection of a tent
2 (p)
$100.00
16
Unauthorized cultivation on parkland
2 (q)
$60.00
17
Operate off road/all-terrain vehicle on parkland
2 (r)
$200.00
18
Operate motorized vehicle other than in authorized area
2 (s)
$200.00
19
Operate motorized snow vehicle on parkland
2 (t)
$200.00
20
Launching watercraft from parkland
2 (u)
$100.00
21
Operate watercraft in swimming area
2 (v)
$500.00
22
Dock watercraft at Blackman Avenue
2 (w)
$60.00
23
Dock watercraft on Township property over 2 hours
2 (x)
$60.00
NOTE: The penalty provision for the offences indicated above is Section 4 of By-law
No. 2008-025