2016-017 Establish Regs. with respect to Municipal Parkland and Municipally Owned Lands used for Recreational PurposesThe Corporation of the Township of Oro-Medonte
By-law No. 2016-017
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's. 2012-183 and 2015-090.
(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;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as follows:
1. That Appendix "A" and Schedule "A" attached hereto form part of this By-law,
2. This by-law shall be cited as "The Township of Oro-Medonte Parkland By-law",
3. That By-law No's. 2012-183 and 2015-090 are hereby repealed in their entirety.
4. And that this By-law shall come into force and effect on the date of its final
passing.
By-law read a First, Second and Third time, and Passed this 27th day of January,
2016.
The Corporation of the Township of Oro-Medonte
ughes
Appendix "A"
to By-law No. 2016-017 for
The Corporation of the Township of Oro-Medonte
1.0 Definitions
For the purpose of this By-law, the following definitions shall apply:
"All -Terrain Vehicle" means an off-road vehicle:
1. that has four tires, the tires of all of which are in contact with the ground,
2. has a steering handlebars,
3. has a seat that is designed to be straddled by the driver and
4. is designed to carry
a. driver only and no passengers, or
b. a driver and only one passenger, if the vehicle,
i. has one passenger that is designed to be straddled by the
passenger while sitting facing forward behind the driver, and
ii. is equipped with foot rest for the passenger that are separate
from the foot rest of the driver;
"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;
"Director" means the Director, Recreation and Community Services of the Township of
Oro-Medonte or his/her designate;
"Motorized Snow Vehicle" means a self-propelled vehicle designed to be driven
primarily on snow;
"Municipal Law Enforcement Officer" means a person appointed by the Council for
the purposes of carrying out the enforcement of Municipal By-laws.
"Multi -Purpose Off -Highway Utility Vehicle" means an off-road vehicle that,
1. has four or more wheels, the tires of which are all in contact with the ground,
2. has a steering wheel for steering control,
3. has seats that are not designed to be straddled, and
4. has a minimum cargo capacity of 159 kilograms;
"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, Oro-Medonte Railtrail
and any and all buildings, structures, facilities, erections and improvements located in or
on such land, save and except Township facilities used for meetings and gatherings or
where such land is governed by other By-laws of the municipality;
"Officer" means a Municipal Law Enforcement Officer and/or Police Officer;
"Off -Road Vehicle" means as defined in the Off -Road Vehicle Act;
"Police Officer" means a member of the Police Force or a person authorized to
regulate, direct or enforce the provisions of this By-law;
"Recreational Off -Highway Vehicle" means an off-road vehicle that,
1. has four or more wheels, the tires of which are all in contact with the ground,
2. has a steering wheel for steering control,
3. has seats that not designed to be straddled, and
4. has an engine displacement equal to or less than 1000 cubic centimeters;
"Recreational Vehicle" means an All -Terrain Vehicle, Off -Road Vehicle, Multi -Purpose
Off -Highway Utility Vehicle, Recreational Off -Highway Vehicle or Motorized Snow
Vehicle;
"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;
"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;
"Vehicle" means and 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;
"Watercraft" means and device for conveyance in or on the water and includes, but is
not limited to, boats, row boats, sailboards, kayaks, or dinghies;
"Under Control" means that when an animal is not on the property where it is usually
kept, the animal must be leashed or chained, and must be held securely by the person
accompanying the animal and that person must be physically able to control the animal.
"Unopened Road Allowance" means lands owned by or belonging to the Township of
Oro-Medonte that are a road, street or highway which have not been established as a
public highway or otherwise assumed by the Township for public use.
2.0 General Prohibitions:
2.1 No person shall within any Municipal Parkland or Unopened Road Allowance:
2.1.1 Enter or remain in a park between the hours of 11:00 p.m. and 5:00 a.m.
the following day.
2.1.2 Indulge in riotous, boisterous, threatening, indecent or nuisance conduct
or abusive, threatening or profane language.
2.1.3 Willfully or maliciously damage, remove or deface any tree, shrub, grass,
plant, sand, gravel, soil, rock, building, monument, fence, bench or any
other structure.
2.1.4 Engage in the playing or practicing of golf, archery, "ball' or "ball and bat"
games, except on grounds especially designed for such purpose, and under no
circumstances within 20 feet of any driveway;
2.1.5 Conduct or participate in any game or activity that may cause an element
of danger to those people not involved in the game or activity.
2.1.6 Ski, toboggan, snowboard, skibob or sled in an area except where
signs authorizing such activities have been erected
2.1.7 Discharge a gun, or other firearm, air -gun, spring -gun, paintball gun, sling
shot, cross -bow, long -bow or other weapons.
2.1.8 Enter any place or location where the sign "No Admittance" is displayed.
2.1.9 Distribute, post or provide any handbills, circulars, notices, paper or
advertising device without the written consent of the Township prior to
doing so.
2.1.10 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.
2.1.11 Operate, maintain, carry on, conduct or solicit for any trade, occupation,
business or profession without the written consent of the Township prior to
doing so.
2.1.12 Camp or lodge therein.
2.1.13 Install, erect any temporary or permanent tent or structure without the
written consent of the Director.
2.1.14 Plant, cultivate, groom or landscape thereon without the written consent of
the Director.
2.1.15 obstruct or impede access or movement of other pedestrians on docks
and boat launches.
3.0 Fires and Barbeques
3.1 No person shall within any Municipal Parkland or Unopened Road Allowance:
3.1.1 build, light, set, stoke or maintain a fire or fire pit.
3.1.2 erect or use a solid fueled or liquid fueled barbeques.
3.2 Notwithstanding section 3.1.2, 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.
3.3 The Director may grant an exemption to Section 3 of this By-law, for the use of a
solid fueled or liquid fueled barbeque. 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 for.
4.0 Vehicles/Recreational Vehicles
4.1 No person shall within Municipal Parkland;
4.1.1 Operate or use any Recreational Vehicle.
4.1.2 Operate a Vehicle unless in a designated parking area.
4.1.3 launch any Watercraft from any park into any lake in an area not
designated as boat launch.
4.1.4 use any Watercraft in the waters of any designated swimming area.
4.1.5 dock or moor Watercraft at any Municipal Dock or Wharf for a period of
longer than two (2) hours, except when authorized in writing by the
Director.
4.1.6 fasten or attach any device other than a trailer to a Vehicle or Recreational
Vehicle for the purpose of being towed, drawn or otherwise pulled.
4.2 Notwithstanding Section 4.1.1, a Recreational Vehicle may be used on 2211
Lakeshore Road East to provide access to Lake Simcoe for the period of January
1 st through till March 15th, in any given year.
4.3 No person shall within an Un -opened Road Allowances;
4.3.1 Operate or use any Recreational Vehicle.
4.4 Notwithstanding Section 4.3 of this By-law, a person may operate or use
a Recreational Vehicle in the event of the following:
4.4.1 an emergency involving personal injury.
4.4.2 to provide access to Bass Lake on the South side.
4.4.3 to provide access to Lake Simcoe as identified in Schedule "A" of this By-
law for a period from January 1St till March 15th, in any given year.
4.4.4 as otherwise authorized in writing by the Township.
4.4.5 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 st to March
15th, in any given year, between the hours of 6:00 a.m. and 10:00 p.m.
only.
4.4.6 on the Ontario Federation of Snowmobile Club trail system as per the
clubs agreement.
5.0 Exemptions
5.1 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.
6.0 Animals
6.1 No person shall have a dog, under control or at large, with the exception of a
Service Animal, in the following Municipal Parkland;
6.1.1 Bayview Memorial Park
6.1.2 Shanty Bay Wharf
7.0 Offences
7.1 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 their duties.
7.2 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.
7.3 This By-law shall be enforced by an Officer.
Schedule "A"
to By-law No. 2016-017 for
The Corporation of the Township of Oro-Medonte
Operation of a Recreational Vehicle is permitted on the following Unopened Road
Allowances from January 1St till March 15th in any given year for the purpose of access
to Lake Simcoe:
a) Colborne Street
b) Black Forest Road
c) Ice Road
d) Little Road
e) Wilson Street
f) Woodland Drive