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HomeMy WebLinkAboutChapter 270 - Parks FACILITY Chapter 270 PARKS Article I INTERPRETATION 270.1.1 Board-defined 270.1.2 Deputy Chief Administrative Officer-defined 270.1.3 Park-defined 270.1.4 Motor vehicle-defined 270.1.5 Natural park-defined 270.1.6 Officer-defined 270.1.7 Posted area-defined 270.1.8 Premier sports field-defined 270.1.9 Permit-defined 270.1.10 Protected area-defined Article 2 APPLICABLE LANDS 270.2.1 Repealed:By-law 2012-14, 16 January,2012 Article 3 PROHIBITED ACTIVITIES 270.3.1 Activities-prohibited Article 4 ACTIVITIES - SUBJECT TO APPROVAL 270.4.1 Activities prohibited-subject to approval 270.4.2 Use-not permitted-times-exception KITCHENER 270.1 FEBRUARY 2012 270.1.1 PARKS 270.1.1 270.4.3 Premier sports field-entry to-permit exception 270.4.4 Premier sports field-times-as set out-only Article 5 BATHING REGULATIONS 270.5.1 Activities prohibited Article 6 FEES 270.6.1 Use-without payment-prohibited Article 7 SIGNS 270.7.1 Erection-by Board Article 8 ENFORCEMENT 270.8.1 Applicable law 270.8.2 Fine-for contravention 270.8.3 Exemption-officer 270.8.4 Exemption-municipal employee-working SCHEDULE Schedule`A' -Premier Sports field Schedule`B' -Huron Natural Area-protected area Article 1 INTERPRETATION 270.1.1 Board-defined "Board"means the Council of The Corporation of the City of Kitchener. By-law 88-26,25 January, 1988. DECEMBER 2010 270.2 KITCHENER 270.1.2 PARKS 270.1.10 270.1.2 Deputy Chief Administrative Officer-defined "Deputy Chief Administrative Officer"means the person holding the office of Deputy CAO, Infrastructure Services. By-law 95-97, 19 June, 1995; By-law 2000-156,18 September,2000;By-law 2011-047,28 March,2011. 270.1.3 Park- defined "park"includes any land or premises under the control and/or management of the City for active or passive recreational purposes or conservation pur- poses and includes but is not limited to sports fields,premier sports fields, playgrounds,woodlots,valley lands,wetlands,trails,hazard lands,and ar- eas identified for storm water management purposes and ponds thereon. By-law 2012-014, 16 January,2012. 270.1.4 Motor vehicle-defined "motor vehicle"has a meaning attributed to it in the Highway Tra#ic Pict. 270.1.5 Natural park-defined "natural park"means an area preserved in its natural state and available for use by all residents.By-law 88-26,25 January, 1988. 270.1.6 Officer-defined "officer"shall mean a police officer as defined by the Police Service Pict, R.S.O. 1990,c.P.15 and a municipal aw enforcement officer or by-law en- forcement officer of The Corporation of the City of Kitchener. By-law 2009-088, 15 June,2009. 270.1.7 Posted area- defined "posted area" means an area within a park where permissive, warning or prohibitive signs are erected. By-law 2012-014, 16 January,2012. 270.1.8 Premier sports field- defined "premier sports field"means a sports field specifically listed in Schedule`A' to this Chapter. 270.1.9 Permit- defined "permit"means a document issued to a sports group or organization,autho- rizing participants and spectators associated with an event to use a sports field and/or premier sports field on a specific day commencing at a certain time and ending its use of the sport field or premier sport field no later than thirty minutes following the completion of a game. By-law 2007-86, 30 April,2007. 270.1.10 Protected area-defined "protected area"means the land in the City of Kitchener within that area de- picted as such on the map set out in Schedule`B'.By-law 2010-189, 15 No- vember,2010. KITCHENER 270.3 FEBRUARY 2012 270.2.1 PARKS 270.3.1 Article 2 APPLICABLE LANDS 270.2.1 Repealed: By-law 2012-014, 16 January,2012 Article 3 PROHIBITED ACTIVITIES 270.3.1 Activities-prohibited In any park or natural park,no person shall engage in any of the following activities: (a) walk or ride any horse or drive,ride,park or tow any motor ve- hicle,trailer,bicycle,carriage,wagon,sleigh or any other vehi- cle or conveyance of any description and of whatever motive power,except upon the roadways,trails or paths designated by the Board for such use; (b) operate any motorized vehicle, or walk or ride a horse or any other animal,upon a roadway,path or trail which is posted or designated by the Board as a community trail or path for walk- ing,cycling or hiking; (c) walk, ride or drive upon ground prepared for seeding, newly seeded ground,newly sodded ground or ground under repair or upon lawn where signs are posted by the Board which prohibit walking,riding or driving; (d) willfully cause injury to any person or damage to any park prop- erty or recreational property by any means whatsoever; (e) shoot an arrow,practice archery or operate power model air- craft, except in an area set aside and posted by the Board, for such purpose; (f) play or practice golf or strike a golf ball, except in an area set aside and posted by the Board for such purpose; (g) distribute or display any kind of commercial circular or adver- tisement or post,stencil or otherwise affix any notice or bill or other paper to any tree,bush,shrub,fence,building or structure, except as permitted by Chapter 680 of The City of Kitchener Municipal Code; (h) unless authorized by the Board and after having obtained all necessary licences,sell or keep for sale any goods,wares,mer- chandise,confectionery,tobacco or refreshments of any kind; FEBRUARY 2012 270.4 KITCHENER 270.4.1 PARKS 270.4.1 (i) leave or deposit any ashes,bottle,can,garbage or waste of any kind whatsoever except in a receptacle provided by the Board for such purpose; (j) as owner or person having the control of any animal, permit such animal to run unleashed or permit such animal to swim in any water in or adjoining any park,bathing beach or swimming pool; (k) Repealed: By-law 2010-074, 19 April,2010; (1) hunt,fish,kill or attempt to kill any animal,fish or bird; (m) destroy,damage or disturb the nest or den of any bird or animal; (n) trap any animal except in an area specifically designated by the Board for such purpose and subject to trapping licences issued by the Ministry of Natural Resources; (o) develop any garden or erect,place or construct any shed,trailer, vehicle,structure or fixture of any kind intended for private use; (p) feed any bird which is a member of the order Anseriformes(for example,but not limited to,ducks,geese and swans)or the or- der Charadriiformes(for example,but not limited to,gulls),un- less authorized by the Board; (q) enter,venture,walk,run or otherwise be in the protected area, except on a trail or boardwalk,installed and maintained by the Board. (r) disobey a sign in a posted area; (s) enter or remain on frozen or partially frozen water in or adjoin- ing any park except in an area set aside and posted by the Board for such purpose. By-law 88-229, 24 October, 1988; By-law 99-25,15 February 1999;By-law 2000-26, 14 February,2000; By-law 2001-229,26 November,2001;By-law 2010-074, 19 April, 2010; By-law 2010-189, 15 November, 2010; By-law 2012-014, 16 January,2012. Article 4 ACTIVITIES - SUBJECT TO APPROVAL 270.4.1 Activities prohibited-subject to approval Unless authorized by the Board,in any park,no person shall engage in any of the following activities: (a) perform for reward any art,skill or service; KITCHENER 270.5 DECEMBER 2010 270.4.2 PARKS 270.4.4 (b) dig or tear up any pavement,sidewalk,crosswalk,grass plot or roadway or any part thereof, (c) cut, destroy or damage in any way any tree, flower, shrub or flowerbed; (d) operate any amplifying system,loudspeaker or radio; (e) light,build,use,maintain,or remain in close proximity to a fire except in a fireplace provided in an area specifically designated by the Board for such purpose and subject to obtaining a permit from the Fire Department; (f) moor or beach a boat except in an area designated by the Board for such purpose; (g) place,maintain or allow to remain any coin-operated machine or game of any nature or kind; (h) erect, construct, build or cause to be erected, constructed or built any tent, shelter or building; (i) bring on to the lands of any park,or travel over the lands of any park with,any equipment,vehicles,or materials of a construc- tion nature; (j) be in possession of a firearm, air powered gun, crossbow or longbow; (k) cut,destroy,or damage a plant in any way.By-law 88-229,24 October, 1988;By-law 98-69, 15 June, 1998;By-law 2007-86, 30 April, 2007; By-law 2009-088, 15 June, 2009; By-law 2010-074, 19 April,2010. 270.4.2 Use- not permitted-times-exception No person shall be in the park anytime during the hours not permitted,specifi- cally between the hours of 11:00 p.m. of one day and 6:00 a.m.the following day,unless authorized by the City as part of an approved event;said authoriza- tion to be either through a resolution of Council sanctioning the event,or the is- suance of a permit or the execution of an agreement by the City's Infrastructure Services Department.By-law 2011-047,28 March,2011. 270.4.3 Premier sports field-entry to-permit required No person shall enter into any premier sports field unless they have been au- thorized by permit. 270.4.4 Premier sports field-times as set out-only No person shall remain in any premier sports field outside the authorized times as set out in the permit.By-law 2007-86, 30 April,2007. APRIL 2011 270.6 KITCHENER 270.5.1 PARKS 270.7.1 Article 5 BATHING REGULATIONS 270.5.1 Activities prohibited In any park no person shall engage in any of the following activities: (a) enter or bathe in any water in or adjoining any park,bathing beach or swimming pool without being clothed in a bathing suit; (b) dress or undress in or adjacent to any water in or adjoining any park,bathing beach or swimming pool,except in a place specif- ically provided by the Board for such purpose; (c) loiter in any bathhouse or bathing station, or conduct him- self/herself in such manner as to be objectionable to other pa- trons or the public in or immediately adjacent to any such bathhouse or bathing beach; (d) bring to any bathing beach or the waters adjacent thereto any underwater spear, shooting device or inflatable object; (e) being a male person enter any portion of any bathhouse set apart for the use of female persons,orbeing a female person enter any portion of any bathhouse set apart for the use of male persons; (f) enter or bathe in any water in or adjoining any park,except in water where signs are posted by the Board which permit bath- ing or swimming. By-law 88-229,24 October, 1988. Article 6 FEES 270.6.1 Use-without payment-prohibited No person shall use any recreational or park facility without having paid the fee prescribed therefor,if any. Article 7 SIGNS 270.7.1 Erection-by Board The Board may cause signs to be erected calling attention to any oftheprovi- sions of this Chapter or the Public Parks Pict. KITCHENER 270.7 DECEMBER 2010 270.8.1 PARKS 270.8.4 Article 8 ENFORCEMENT 270.8.1 Applicable law Park users are subject to all applicable municipal, provincial and federal laws and regulations and patrons may be evicted from any park area for any violation of same.By-law 88-26,25 January, 1988. 270.8.2 Fine-for contravention Every person who contravenes any provision of this Chapter is guilty of an offence and is liable,upon conviction,to a fine not exceeding Five Thousand Dollars($5,000),exclusive of costs,for each offence,recoverable under the Provincial Offences Pict. By-law 88-26, 25 January, 1988; By-law 2000-128,28 August,2000. 270.8.3 Exemption-officer An officer shall be exempt from the provisions of this Chapter as necessary or practical in the performance of their duties.Without limiting the general- ity of the foregoing,an officer may ride a horse or motorcycle in a park with- out restriction as necessary or practical in performance of their duties whether for law enforcement purposes,ceremonial purposes,or as part of a community outreach initiative. 270.8.4 Exemption-municipal employee-working An employee of The Corporation of the City of Kitchener performing main- tenance work in a park shall be exempt from the provisions of this Chapter as necessary or practical in the performance of their duties.By-law 2009-088, 15 June,2009. DECEMBER 2010 270.8 KITCHENER PARKS SCHEDULE Schedule `A' -Premier Sports field Each of the following is considered to be a premier sports field in the City of Kitchener: Breithaupt Park Bridgeport Sports field Budd Park Centennial Stadium Jack Couch Park Lions Sports field Meinzinger Park Peter Hallman Ball Yard Rosenberg Park Woodside Park By-law 2007-86,30 April,2007; Schedule`A'. KITCHENER 270.9 DECEMBER 2010 PARKS Schedule`B' -Huron Natural Area-protected area r I r� mmm � w m f t HURON NATURAL AREA:PROTECTED AREA wearmv ec,r ��, KUCHENER Aw Vr nt* roacam carr+mtmyse cra SK-1 By-law 2010-189, 15 November,2010; Schedule`B'. DECEMBER 2010 270.10 KITCHENER