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HomeMy WebLinkAboutChapter 270 - ParksKITCHENER 270.1 FEBRUARY 2024 FACILITY Chapter 270 PARKS Article 1 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 270.1.11 Administrative Penalty By-law - defined 270.1.12 Designated provision - defined Article 2 APPLICABLE LANDS 270.2.1 Repealed: By-law 2012-14, 16 January, 2012 Article 3 PROHIBITED ACTIVITIES 270.3.1 Activities - prohibited Article 4 ACTIVITIES - SUBJECT TO APPROVAL 270.4.1 Activities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 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 KITCHENER 270.2 FEBRUARY 2024 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 Exemption - officer 270.8.3 Exemption - officer 270.8.4 Exemption - municipal employee - working 270.8.5 Administrative Penalty By-law application 270.8.6 Administrative Penalty By-law notice of contravention 270.8.7 Provincial Offences Act 270.8.8 Non-payment SCHEDULE Schedule ‘A’ - Premier Sports field Schedule ‘B’ - Huron Natural Area - protected area KITCHENER 270.3 FEBRUARY 2024 Article 1 INTERPRETATION 270.1.1 Board – defined "Board" means the Council of The Corporation of the City of Kitchener. 270.1.2 Deputy Chief Administrative Officer - defined "Deputy Chief Administrative Officer" means the person holding the office of Deputy CAO, Infrastructure Services. 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 purposes and includes but is not limited to sports fields, premier sports fields, playgrounds, woodlots, valley lands, wetlands, trails, hazard lands, and areas identified for storm water management purposes and ponds thereon. 270.1.4 Motor vehicle - defined "motor vehicle" has a meaning attributed to it in the Highway Traffic Act. 270.1.5 Natural park - defined "natural park" means an area preserved in its natural state and available for use by all residents. 270.1.6 Officer - defined "officer" shall mean a police officer as defined by the Police Service Act, R.S.O. 1990, c. P.15 and a municipal law enforcement officer or by-law enforcement officer of The Corporation of the City of Kitchener. 270.1.7 Posted area - defined "posted area" means an area within a park where permissive, warning or prohibitive signs are erected. 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 KITCHENER 270.4 FEBRUARY 2024 "permit" means a document issued to a sports group or organization, authorizing 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. 270.1.10 Protected area - defined "protected area" means the land in the City of Kitchener within that area depicted as such on the map set out in Schedule 'B'. 270.1.11 Administrative Penalty By-law - defined “Administrative Penalty By-law” means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof. 270.1.12 Designated provision - defined “designated provision” means any section of this Chapter designated in accordance with Article 8. 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 vehicle, trailer, bicycle, carriage, wagon, sleigh or any other vehicle 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 walking, 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; KITCHENER 270.5 FEBRUARY 2024 (d) willfully cause injury to any person or damage to any park property 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 advertisement 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 licenses, sell or keep for sale any goods, wares, merchandise, confectionery, tobacco or refreshments of any kind; (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; (l) 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 licenses 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; KITCHENER 270.6 FEBRUARY 2024 (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 adjoining any park except in an area set aside and posted by the Board for such purpose. 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; (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 construction nature; (j) be in possession of a firearm, air powered gun, crossbow or longbow; (k) cut, destroy, or damage a plant in any way. 270.4.1 Use - not permitted - times - exception No person shall be in the park anytime during the hours not permitted, specifically between the hours of 11:00 p.m. of one day and 6:00 a.m. the following day, unless KITCHENER 270.7 FEBRUARY 2024 authorized by the City as part of an approved event; said authorization to be either through a resolution of Council sanctioning the event, or the issuance of a permit or the execution of an agreement by the City's Infrastructure Services Department. 270.4.2 Premier sports field - entry to - permit required No person shall enter into any premier sports field unless they have been authorized by permit. 270.4.3 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. 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 specifically provided by the Board for such purpose; (c) loiter in any bathhouse or bathing station, or conduct himself/herself in such manner as to be objectionable to other patrons 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, or being 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 bathing or swimming. Article 6 FEES 270.6.1 Use - without payment - prohibited No person shall use any recreational or park facility without having paid the fee KITCHENER 270.8 FEBRUARY 2024 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 of the provisions of this Chapter or the Public Parks Act. 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. 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 Act. 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 generality 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 maintenance work in a park shall be exempt from the provisions of this Chapter as necessary or practical in the performance of their duties. 270.8.5 Administrative Penalty By-law application Articles 3, 4, 5 and 6 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. KITCHENER 270.9 FEBRUARY 2024 270.8.6 Administrative Penalty By-law notice of contravention Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 270.8.7 Provincial Offences Act The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 270.8.8 Non-payment Where a person has not paid the administrative penalty within 30 days in accordance with the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 270.8.6. By-law 88-26, 25 January, 1988; By-law 88-229, 24 October, 1988; By-law 95-97, 19 June, 1995; By-law 98-69, 15 June 1998; By-law 99-25, 15 February 1999; By-law 2000-26, 14 February 2000; By-law 2000-128, 28 August 2000; By-law 2000-156, 18 September 2000; By-law 2001-229, 26 November 2001; By-law 2007-86, 30 April 2007; By-law 2009-088, 15 June 2009; By-law 2010-074, 19 April 2010; By-law 2010-189, 15 November 2010; By-law 2011-047, 28 March 2011; By-law 2012-014, 16 January 2012; By-law 2024-015, 22 January 2024. KITCHENER 270.10 FEBRUARY 2024 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 270.11 FEBRUARY 2024 Schedule 'B' - Huron Natural Area - protected area By-law 2010-189, 15 November, 2010; Schedule 'B'.