HomeMy WebLinkAboutCRPS-07-050 - Amendments to Chapter 270 (Parks)l
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Corporate Services
REPORT
Report To: Community Services Committee
Date of Meeting: April 23, 2007
Submitted By: Ann Pappert, General Manager of Community Services
Prepared By: Shayne Turner, Director of By-law Enforcement
Ward(s) Involved: All
Date of Report: April 17, 2007
Report No.: CRPS-07-050
Subject: AMENDMENTS TO CHAPTER 270 (PARKS)
RECOMMENDATION:
That a by-law be enacted to amend Chapter 270 (Parks) of the City of Kitchener Municipal
Code, as outlined in Report CRPS 07-050; and further,
That staff be directed to apply to the Ministry of the Attorney General for the approval of short
form wording and set fines for the violations resulting from the amendments to Chapter 270
(Parks), as outlined in Report 07-050.
BACKGROUND:
Chapter 270 (Parks) is the by-law that regulates activity within all City of Kitchener parkland.
The By-law prohibits certain activity outright (fires, camping, etc.) and regulates other types of
uses, which are subject to approval. It is important to note that the definition of "park" is such
that it includes facilities such as pools and sports fields, as well as the City's series of trail
systems, woodlots and green spaces, in addition to the traditional example of a park.
In essence, the intent of the Chapter is to ensure that City parkland is maintained, available and
used for its intended purpose.
A working group of staff from Community Services, By-law Enforcement and Legal Services
was formed in 2006 to review the provisions of the Chapter. The purpose of the review was to
identify potential improvements that would assist staff in reducing unwanted occurrences such
as vandalism, excessive noise and unwarranted behaviour.
REPORT:
The staff group has identified that the proper approach to changing the By-law should be done
in 2 phases. As such they have identified some interim recommendations pertaining to all City
parks.
The interim recommendations include:
1. The existing by-law should be amended to require that all parks are closed between
the hours of 11 PM and 6 AM. The proposed wording would be to the effect that "no
person shall remain in a park between the hours of 11 P.M. and 6 A.M.". The
provision would not apply to persons or events where approval has been granted for
the use of a park for an event or function that extends past 11 P.M..
2. Certain sports fields, commonly known as the City's premier sports fields, would be
deemed to be closed at all times to the general public except where a permit for its
use has been issued and is in effect. The fields affected by this provision include;
Peter Hallman Ball Yard, Centennial Stadium and Jack Couch Park
3. The possession of devices such as paintball guns, pellet guns and crossbows, in a
park would be prohibited. The act of using these devices is currently an offence,
however staff suggest that simply possessing such devices in a park should
prohibited.
4. The definition of "park" should be amended to expand the list of lands and activities
that are that are considered as a "park". The suggested wording would include all
land under the control or management of the City, used for active or passive
recreational purposes or conservation purposes and includes but is not limited to
sportsfields, playgrounds, woodlots, valley lands, wetlands and hazard lands.
Staff identified very early in the process that the most contentious, and to a certain degree
misunderstood, element of their recommendations relates to the concept of closing parkland at
11 P.M..
Staff found that the City of Kitchener is one of the few municipalities in Ontario that does not
have a parks closing provision in its by-law. As such, part of the rationale is to use best
practices to bring Kitchener's By-law in-line with comparable municipalities, most specifically
those within our area.
In speaking with various municipalities that currently have such a by-law provision, staff found
that the number of actual charges laid regarding being in a closed park are relatively minimal.
Instead what staff heard was that compliance is usually best achieved through communication
and education. In other words, the possibility of a fine may often be a more effective deterrent
than a fine itself.
Staff undertook to solicit input from various stakeholder groups. An information or issue paper
was prepared and circulated to such stakeholders as all 26 neighbourhood associations, the
sports field user groups, both regional school boards, the KDBA, the Downtown Neighbourhood
Alliance, the Homelessness Advisory Committee and the Safe and Healthy Communities
Advisory Committee.
In addition to the circulation, staff met with and several of the groups noted above as well as the
Victoria Park and Doon Pioneer Park Neighbourhood Associations.
Lastly, a public notice, advising of the April 23rd Community Services Committee meeting, was
published in the Record on April 18t"
Based on the feedback received, the most common concern raised, related to the enforceability
of the closing provision. In responding to this concern, it is important to gain an understanding
of how it would be enforced. It is not staff's intent to patrol for the sole purpose of removing
people from the parks. The best analogy to use is that the provision is merely a tool in the tool
box of those who will be involved in the administration and enforcement of the By-law (ie. By-
IawEnforcement, Corporate Security and waterloo Regional Police).
It is also significant to note that the closure issue was identified as a key component of a
CPTED Audit (Crime Prevention Through Environmental Design) that was prepared and
presented to staff in the summer of last year.
It is clear that education will play a key role in implementing such a change in the By-law. As
such, staff's initial focus will be on education as opposed to formal enforcement such as legal
action, wherever and whenever possible. Having said this, staff will have the option of legal
action as may be required to address specific issues.
It is important to note that the City's system of parks and trails are safe areas. The proposed
amendments are designed to further support public safety by increasing the number and
effectiveness of the tools available to control vandalism or unplanned maintenance costs that
arise through the inappropriate use of parks, trails and sports fields throughout the City.
Signage will be needed to reflect the hours when the park is deemed closed. At this point,
Parks Operation staff are planning to incorporate the signage changes into their normal
operations programming throughout 2007. It is hoped that this can be done without significant
operating costs.
Staff are also proposing to make application to the Ministry of the Attorney General for approval
of a set fine (ticketing option) for any new violations resulting from the amendments to Chapter
270 (Parks) as enacted by Council.
In addition, the City staff team has identified the need for a more extensive and overall review of
the Parks By-law with respect to the following initiatives currently underway in the Community
Services Department:
1. The management and stewardship of Kitchener's natural areas (850 hectares) which are
part of the City's park system.
2. An extensive review of the Parks Master Plan.
Staff are recommending that, following the interim amendments to the Parks By-law, as outlined
above, the staff team continue with the review and report back to Council in approximately 18
months.
This more extensive review may result in other future recommendations concerning parks which
will also be communicated to citizens and stakeholders.
FINANCIAL IMPLICATIONS:
Community Services staff are currently determining the approach they plan to take with respect
to updating the signage in the parks. At this point, it is hoped that the signage can be installed
as part of their normal operational program this year. In the event that new funding may be
required to address the signage issue, staff will report back to Council at the appropriate time.
COMMUNICATIONS:
In addition to the information circulated to various stakeholders, a public notice was published in
The Record on April 18, 2007.
CONCLUSION:
Staff believe the recommended changes to the Parks By-law, as outlined in this report, will
provide staff with more effective tools to assist in reducing unwanted occurrences such as
vandalism, excessive noise and unwarranted behaviour.
In addition, staff recommend that a full scale review of the Parks By-law be undertaken with
respect to the implications resulting from several initiatives currently underway in Community
Services.
Shayne Turner
Director of By-law Enforcement