2004-085 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 98-121
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2004-085
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. 98-121
WHEREAS Section 11 (2) of the Municipal Act, RS.O. 2001, c.25, as amended,
authorizes a municipality to pass by-laws with respect to culture, parks, recreation and
heritage;
AND WHEREAS Section 130 of the Municipal Act, RS.O. 2001, c.25, as amended,
authorizes a municipality to regulate matters for purposes related to the health, safety
and well-being of the inhabitants of the municipality;
AND WHEREAS Section 119 of the Municipal Act, RS.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
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.
SERVICE VEHICLE means any municipal vehicle, including emergency vehicles.
SPECIAL EVENT means those events approved by Municipal Council.
STAND or STANDING, when prohibited, means the halting of a vehicle, whether
occupied or not.
2.
PROHIBITIONS
A. No person shall within any municipal parkland or municipally-owned
lands used for recreational use within the Township of Oro-Medonte:
a) CAMPING: Camp or lodge therein.
b) DAMAGE: Willfully or maliciously damage, remove, deface, any trees,
shrub, grass, plant, sand, gravel, soil, rock, building, monument, fence,
bench, or other structure.
c) DISORDERLY CONDUCT AND NUISANCE: Indulge in riotous,
boisterous, threatening, indecent or nuisance conduct or abusive,
threatening or profane language.
d) DISPOSAL OF REFUSE, BOTTLES, ETC: 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.
e) DISCHARGE OF FIREARMSIWEAPONS: Discharge a gun or other
firearm, air-gun, spring-gun, cross-bow, long-bow or any other weapons
f) OFF-ROAD VEHICLES/ALL TERRAIN VEHICLES: Operate or use off-
road/all-terrain vehicles.
g) MATCHED GAMES: Engage in the playing of "ball" or "ball and bat"
games, except on grounds especially designated for such purpose,
and under no circumstances within 20 feet of any driveway.
h) MOTORIZED VEHICLES: Operate, park or stand a motor vehicle unless
in an area designated or where explicitly authorized by Council.
i) MOTORIZED SNOW VEHICLES: Operate or use motorized snow
vehicles except:
i. to provide access to the lakes at the following park locations:
Memorial Park, Shelswell Park, Southside Bass Lake and the
parkland adjacent to the 1 ih Line End-of-Road Allowance.
ii. in the event of an emergency involving personal injury, motorized
snow vehicles shall be permitted.
iii. on the Oro-Medonte Lake County RailTrail by agreement with the
Ontario Federation of Snow Mobile Clubs
iv. as otherwise authorized by the Township.
j) NO ADMITTANCE SIGNS: Enter any place or location where the sign
"No Admittance" is displayed.
k) POSTING NOTICES, ADVERTISING: 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 explicit permission of Council.
I) SALE OF MERCHANDISE: 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.
m) SLEEPING IN PARKS: Use a park for the purpose of overnight sleeping
between the hours of 9:00 p.m. and 9:00 a.m.
n) STRIKING OF GOLF BALLS: Play or practice golf or in any way, strike,
hit, or otherwise propel a golf ball.
0) TRADE OR BUSINESS: Practice, carry on, conduct or solicit for any
trade, occupations, business, or profession, unless authorized by Council.
p) VEHICLES FOR HIRE AND SOLICITING: Stand or park a vehicle for the
purpose of hire, or solicit passengers for any vehicle for hire.
B. SPECIFIC PROHIBITIONS
a) DOCKING OF BOATS: No person shall dock a boat at the municipal
dock located at the foot of Blackman Avenue.
b) DOGS: No person shall lead or let loose any kind of dog in Bayview
Memorial Park with the exception of guide dogs which shall be under
control.
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. RS.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. 98-121 is hereby repealed.
7.
This By-law shall come into force and effect on its final passing.
Read a first and second time this 14th day of July, 2004.
Read a third time and finally passed this 14th day of July, 2004.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
9'~~
M7Ý°r, J. Neil Craig