HomeMy WebLinkAboutCRPS-09-091 - Chapter 270 (Parks) of Municipal Code - AmendmentREPORT T0: Committee of the Whole
DATE OF MEETING: June 15, 2009
SUBMITTED BY: Jennifer Sheryer, Assistant City Solicitor
PREPARED BY: Jennifer Sheryer, Assistant City Solicitor
WARD(S) INVOLVED: All
DATE OF REPORT: June 9, 2009
REPORT NO.: CRPS-09-091
SUBJECT: AMENDMENT TO CHAPTER 270 (PARKS) OF THE CITY
OF KITCHENER MUNICIPAL CODE
RECOMMENDATION:
"That the draft by-law attached to Report #CRPS-09-091 be enacted to amend Chapter
270 (Parks) of The City of Kitchener Municipal Code."
BACKGROUND:
Waterloo Regional Police Services have contacted the City. The Niagara Regional Police
Services wish to send mounted police officers to participate in the K-W Multicultural Festival at
Victoria Park on June 20, 2009. The Parks By-law currently prohibits horse riding in the park
unless on a designated horse trail.
REPORT:
Staff has no concerns with the use of horses by police in the park, whether for law enforcement
purposes, ceremonial purposes, or as part of a community outreach initiative. In order to
accommodate this request, staff has prepared a by-law amendment. The by-law amendment
will clarify that police and by-law officers will not be restricted by Parks By-law provisions in the
performance of their duties.
The by-law amendment will also take care of some housekeeping issues raised by staff,
including a prohibition on damaging plants within the parks and clarifying City staff's ability to
use City vehicles in the parks in the performance of their duties.
FINANCIAL IMPLICATIONS:
N/A
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CONCLUSION:
The appropriate staff has reviewed this request and has no concerns with the proposed
amendment.
ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services
and City Solicitor
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DRAFT
June 9. 2009
BY- LAW N U M B E R
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend Chapter 270 of The City of
Kitchener Municipal Code with respect to Parks.)
WHEREAS it is deemed expedient to amend Chapter 270 of The City of
Kitchener Municipal Code as adopted by By-law 88-100;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Article 1 of Chapter 270 of The City of Kitchener Municipal Code is hereby
amended by adding the following section thereto, after section 270.1.5, and by
renumbering the remaining sections accordingly:
"270.1.6
"Officer" shall mean a police officer as defined by the Police Services 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."
2. Article 4 of Chapter 270 of The City of Kitchener Municipal Code is hereby
amended by adding the following section thereto:
"270.4.1 (k)
cut, destroy, or damage a plant in any way."
3. Article 8 of Chapter 270 is hereby amended by adding the following sections
thereto:
"270.8.3
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 without 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.
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270.8.4
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."
PASSED at the Council Chambers in the City of Kitchener this day
of , A.D. 2009.
Mayor
Clerk
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