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2012-183 Regulate Municipal ParklandTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2012 -183 Being 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. 2009 -025, 2010 -030 and 2010 -190 (Parkland By -law) 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 Canine 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 1.1 "All- Terrain Vehicle" means an off -road vehicle that, 1.1.1 has four wheels, the tires of all of which are in contact with the ground, 1.1.2 has steering handlebars, 1.1.3 has a seat that is designed to be straddled by the driver, and 1.1.4 is designed to carry a driver only and no passengers; 1.2 "Barbeque" means an appliance or structure designed and intended solely for the cooking of food in the open air including solid fueled and liquid fueled, but does not include devices predominantly designed for personal warmth, fire pits or campfires; 1.3 "Director" means the Director of Recreation and Community Services of The Township of Oro - Medonte or his /her designate. 1.4 "Motorized Snow Vehicle" means a self - propelled vehicle designed to be driven primarily on snow. 1.5 "Municipal Law Enforcement Officer" means a person duly appointed by the Corporation for enforcing the provisions of this By -law and who shall have the powers as set out in the Provincial Offences Act, R.S.O., 1990. c.P.33, as amended; 1.6 "Municipal Parkland" means lands owned by or belonging to The Township of Oro - Medonte that is utilized for recreational purposes and as otherwise may be designated for use as a public park, open space, dock or wharf, including un- opened road allowances, Oro - Medonte Railtrail and 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. 1.7 "Officer" means a Municipal Law Enforcement Officer and /or Police Officer. 1.8 "Off -Road Vehicle ", means as defined in the Off -Road Vehicle Act. 1.9 "Police Officer" means a member of the Police Force or a person authorized to regulate, direct or enforce the provisions of this By -law. 1.10 "Recreational Vehicle" means a boat, All- Terrain Vehicle, Off -Road Vehicle, personal water craft, motorcycle, or Motorized Snow Machine, motorized or other means of power. 1.11 "Service Animal" means any animal used by a person with a disability for reasons related to the disability and the owner has a valid identification card signed by the Attorney General of Canada, or a certificate of training from a recognized service animal training school. 1.12 "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. 1.13 "Vehicle" includes a motor vehicle, trailer, commercial motor vehicle, an automobile, motorcycle, motor assisted bicycle, traction engine, farm tractor, self - propelled implement of husbandry road building machine and any other vehicle propelled or driven otherwise than by muscular power, but does not include a motorized snow vehicle. 1.14 "Watercraft" means any device for conveyance in or on water and includes, but is not limited to, boats, row boats, sailboards, kayaks, or dinghies. 2.0 HOURS OF OPERATION: 2.1 The hours of operation for the following facilities /municipal lands, shall be in accordance with the Township's current practices and agreements: i) Oro - Medonte Railtrail ii) Edgar Community Hall iii) Eady Community Hall iv) Hawkestone Community Hall v) Jarratt Community Hall vi) Warminster Community Hall vii) Craighurst Community Hall viii)Carley Community Hall ix) Old Town Hall x) Oro - Medonte Community Arena 3.0 GENERAL PROHIBITIONS: 3.1 No person shall within any Municipal Parkland: 3.1.1 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. 3.1.2 Indulge in riotous, boisterous, threatening, indecent or nuisance conduct or abusive, threatening or profane language. 3.1.3 Willfully or maliciously damage, remove, deface any trees, shrub, grass, plant, sand, gravel, soil, rock, building, monument, fence, bench, or other structure. 3.1.4 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. 3.1.5 Ski, toboggan, snowboard, skibob or sled in an area, except where signs authorizing such activities have been erected. 3.1.6 Discharge a gun or other firearm, air -gun, spring -gun, paintball gun, sling shot, cross -bow, long -bow or any other weapons. 3.1.7 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. 3.1.8 Enter any place or location where the sign "No Admittance" is displayed. 3.1.9 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. 3. 1.10 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. 3.1.11 Practice, carry on, conduct or solicit for any trade, occupations, business, or profession, unless authorized in writing by Council. 3.1.12 Camp or lodge therein. 3.1.13 Install or erect any temporary or permanent tent or structure on any Municipal Parkland, without written approval from the Director of Recreation and Community Services 3.1.14 Plant, cultivate, groom, or landscape thereon unless authorized in writing by the Township. 4.0 FIRES AND BARBEQUES 4.1 No person shall within any Municipal Parkland: 4.1.1 build, light, set, stoke or maintain a fire or fire pit. 4.1.2 erect or use a solid fueled or liquid fueled barbeque. 4.2 Notwithstanding section 4.1.2, a portable tabletop barbeque equipped with a propane tank not exceeding 16.4 ounces (1.025 pounds) shall be permitted in Bayview Memorial Park only. 4.3 The Director of Recreation and Community Services may grant an exemption to Section 4 of this By -law, for the use of a solid fueled or liquid fueled barbeques. Such exemption shall be done in writing and the Municipal Law Enforcement Division shall be notified of each exemption, prior to the date that the exemption was approved fora 5.0 VEHICLES /RECREATIONAL VEHICLES: 5.1 No person shall within Municipal Parkland: 5. 1.1 operate or use any recreational vehicle. 5.1.2 operate a vehicle unless in a designated parking area. 5.1.3 launch any watercraft from any park into any lake in an area not designated as a boat launch. 5.1.4 use any watercraft in the waters of any designated swimming area. 5.1.5 dock or moor watercraft at any Municipal Dock or Wharf for period of longer than 2 hours, except when authorized in writing by Council. 5.1.6 fasten or attach any device to a vehicle or recreational vehicle for the purpose of being towed, drawn or otherwise pulled. 5.2 Notwithstanding Section 5.1.1 of this By -law, a person may operate or use motorized snow vehicles in the event of the following: 5.2.1 an emergency involving personal injury. 5.2.2 to provide access to the lakes at the following park locations: Southside Bass Lake and the Municipal Parkland adjacent to the Line 12 South Road Allowance south of Lakeshore Road East. 5.2.3 on the Oro - Medonte Lake County Railtrail and specific road allowances by agreement with the Ontario Federation of Snowmobile Clubs. 5.2.4 as otherwise authorized in writing by the Township. 5.3 Notwithstanding Section 5.1.1 of this By -law, a person may operate an All - Terrain Vehicle /Off -Road Vehicle or Motorized Snow Vehicle to provide access to Lake Simcoe for Recreational Purposes in Bayview Memorial Park, such permitted use shall be restricted to the parking area from twenty (20) metres west of the eastern Municipal Parkland boundary, extending south to Lake Simcoe for the period of January 1 to March 15, in any given year, between the hours of 6:00 a.m. and 10:00 p.m. only. 6.0 EXEMPTIONS 6.1 Council may grant an exemption to any Section of this By -law and may require compliance with requirements of the municipality with respect to such exemption. 7.0 ANIMALS: 7.1 No person shall bring any animal onto Municipal Parkland, except a dog, unless authorized in writing by Council 7.2 No person shall lead or let loose any kind of dog in Bayview Memorial Park, with the exception of a Service Animal, which shall be under control, as defined in the Township's Canine Control By -law. 7.3 While on Municipal Parkland, every person as owner or person having control of any dog shall; 7.3.1 Ensure that the dog is on a leash, as defined in the Township's Canine Control By -law 7.3.2 Immediately remove any excrement left by such dog, and dispose of such excrement in a sanitary manner, in accordance with the Township's Canine Control By -law. 8.0 OFFENCES 8.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By -law. Any person who is alleged to have contravened any of the provisions of this By -law shall identify themselves to the Officer upon request, failure to do so shall be deemed to have obstructed or hindered the Officer in the execution of his duties. 8.2 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. 8.3 This By -law shall be enforced by an Officer. 9.0 SEVERABILITY CLAUSE: 9.1 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. 10.0 BY -LAW REPEALED 10.1 By -law Nos. 2009 -025, 2010 -030 and 2010 -190 are hereby repealed. 11.0 ENACTMENT 11.1 This By -law shall come into force and effect on its final passing. 12.0 SHORT TITLE 12.1 This By -law shall be cited as the "Parkland By -law." BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 28 DAY OF NOVEMBER, 2012. THE CORPORATfON OF THE TOWNSHIP OF ORO- MEDONTE Mayor, H.!5/ I)QAes J. D6u Irwin PROVINCIAL OFFENCES ACT PART I 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. 2012 -183, for the Corporation of the Township of Oro - Medonte, attached hereto is the set fine for those offences. This Order is to take effect January 29t ", 2013. DATED at Newmarket this 29tn day of January, 2013. Gregory i R rl egional a for 4ustice Central East Region By -Law No. 2012 -183 Being 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 By4aw No. 2009 -025, 2010 -030 and 2010 -190 (Parkland By -law) Part I Provincial Offences Act Item Short Form Wording Provisions Creating or Defining Offence Set Fine a p Enter park between 11:00 pm and 5:00 am a 3.1.1 $150.00 1 2 Remain in park between 11:00 pm and 5:00 am 3.1.1 $150.00 3 Indulge in nuisances conduct. 3.1.2 $100.00 4 Indulge in threatening or profane language. 3.1.2 $100.00 5 Damage to parkland. 3.1.3 $200.00 6 Playing sports in unauthorized area. 3.1.4 $100.00 7 Ski, toboggan, snowboard, skibob or sled in unauthorized area. 3.1.5 $100.00 8 Discharge weapon on parkland. 3.106 $500.00 9 Litter on parkland. 3.1.7 $300.00 10 Enter un- authorized area. 3.1.8 $100.00 11 Unauthorized posting of notices or advertising. 3.1.9 $100.00 12 Unauthorized distribution of literature 3.1.9 $100.00 13 Unauthorized sale of merchandise. 3.1.10 $200.00 14 Unauthorized business solicitation. 3.1.11 $200.00 15 Camp on parkland. 3.1.12 $100.00 16 Unauthorized erection of tent. 3.1.13 $100.00 17 Unauthorized cultivation on parkland. 3.1.14 $200.00 18 Maintain a fire or fire pit. 4.1.1 $350.00 19 Erect or use barbeque. 4.1.2 $100.00 20 Operate or use recreational vehicle. 5.1.1 $200.00 21 Operate a vehicle other than designated area. 5.1.2 $200.00 22 Launch watercraft in unauthorized area. 5.1.3 $200.00 23 Use watercraft in designated swimming area. 5.1.4 $500.00 24 Dock watercraft in excess of 2 hours. 5.1.5 $100.00 25 Tow, draw or pull device. 5.1.6 $100.00 26 Bring animal onto parkland. 7.1 $150.00 27 Lead or let loose a dog in Bayview Memorial Park 7.2 $150.00 28 Hinder or obstruct an officer exercising a power or performing a duty. 8.1 $200.00 NOTE: The penalty provision for the offences indicated above is Section 8 of By -law No. 2012 -183.