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Municipalité de Russell Township
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Parks and Recreation By-Law

Corporation of the Township of Russell.

By-Law #2023-072

Being a by-law to regulate the use of parks and recreation facilities in the Township of Russell.

WHEREAS Subsection 11(2) 5. of the Municipal Act provides that a municipality may pass by-laws respecting the health, safety and well-being of persons; and,

WHEREAS Subsection 11(3) 5. of the Municipal Act, 2001, S.O. 2001, c.25, as amended (“Municipal Act”) provides that a municipality may pass by-laws respecting culture, parks, recreation, and heritage; and,

WHEREAS Section 444 of the Municipal Act provides that a municipality may make an order to require a person to discontinue contravening a by-law and to do the work required to correct the contravention; and,

WHEREAS Section 445 of the Municipal Act provides that a municipality may make an order requiring a person who contravened a by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do work to correct the contravention; and,

WHEREAS Section 446 of the Municipal Act provides that a municipality may proceed to do things at a person’s expense which that person is otherwise required to do under a by-law but has failed to do and the costs incurred by a municipality may be recovered by adding the costs to the tax roll and collecting them in the same manner as property taxes; and,

NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF RUSSELL ENACTS AS FOLLOWS:

Table of Contents

  1. Definitions
  2. Interpretation
  3. Administration
  4. Exemptions
  5. Permits
  6. Hours of Operation
  7. Sports and Activities
  8. General Conduct
  9. Damage to Property

Specific Park Uses

  1. Campfire and Barbecue
  2. Special Events
  3. Amplifiers and Speakers
  4. Watercraft
  5. Bathing and Swimming
  6. Washrooms and Change Rooms
  7. Circulars and Advertisements
  8. Kites

Commercial Activities

  1. General
  2. Refreshments
  3. Commercial Photography and Videography
  4. Fitness and Instructional Classes
  5. Busking
  6. Animals in Parks
  7. Protection of Wildlife
  8. Fishing
  9. Vehicles
  10. Bicycles
  11. Commercial Vehicles
  12. Speed
  13. Encroachment
  14. Insurance
  15. Indemnification
  16. Removal of Vehicles
  17. Enforcement
  18. Offence and Penalties
  19. Obstruction
  20. Validity and Severability
  21. Short Title
  22. Repeal
  23. Effective Date

1. Definitions

In this by-law:

Term Description
Alcoholic Beverage Spirits, liquor, beer, wine or any combination thereof and includes any alcohol in a form appropriate for human consumption as a beverage alone or in combination with any other substance;
Animal Any member of the animal kingdom or living beings other than a human, without limitations. Animal shall include mammals, birds and reptiles but excluding fish;
Articles for Sale goods, wares, merchandise, products, refreshments, foodstuffs, or flowers held by a Person for subsequent sale to another Person;
At large Not being under the control of its owner or competent person and not leashed;
Barbecue A portable or fixed device designed and intended solely for the cooking of food in the open air, but does not include outdoor fireplaces and campfires;
Bicycle A Power Assisted Bicycle, or any cycle propelled or driven by muscular power and equipped with an alarm bell, gong or horn, regardless of the number of wheels it has, but does not include a Motor Assisted Bicycle;
Boat A canoe, rowboat, punt, sailboat, outboard and inboard motorboat, and personal water craft;
Busking A group or person performing in a public place, providing entertainment and enjoyment for the public;
Camp To erect a structure, hut, or tent for the purpose of providing shelter;
Commercial Photography A group of two (2) or more people who are engaging in photography where such photography would disrupt park users or otherwise restrict use of the park by park users and are collecting remuneration for such photography;
Commercial Vehicle A Vehicle where goods and/or services are sold or offered for sale, and includes Park Vendor Vehicles;
Contractor A person contracting with or employed directly by the owner or an agent of the owner to supply services or materials to an improvement and includes a joint venture entered into for the purposes of an improvement or improvements;
Council The Council of the Township of Russell;
Designated Area An area of a park designated for a specific purpose or use;
Directors The Township’s Director of Parks and Recreation and/or Director of Public Safety and Enforcement, or their designates;
Dog A canine of any breed of domesticated dog, male or female;
Domestic Animal A dog, cat or similar animal kept as a pet, which is generally understood to be domesticated and is typically kept indoors at a dwelling un
Drone A remotely piloted aircraft system (RPAS) that has a set of configurable elements consisting of a remotely piloted aircraft, its control station, the command-and-control links, and any other system elements required during flight operation, as defined by the Canadian Aviation Regulations, as amended;
Encroachment Any aerial, surface, or sub-surface structure or other obstruction, existing on any Municipal Property in part or in whole and includes but is not limited to: buildings, fences, shelters, patios, concrete pillars, planters, posts, poles, newspaper boxes, vending machines, curbs, tree plantings, crops, gardens, landscaping, retaining works, drainage works, satellite dishes, supporting structures, play structures, signs, towers, antennas, guy wires, cables, pipes, benches, vehicles, tables and chairs whether permanent or temporary. An Encroachment shall also include but not be limited to the authorized removal or destruction of any tree, rock or other things whether occurring naturally or not;
Facility Any area, pool, building or structure in a park under the jurisdiction of the Parks and
Recreation Services Department of the Township of Russell;
Fence A structure or partition made of wood, metal or other substance that is constructed for any purpose, such as marking the boundary of a property, enclosing a property, providing privacy, preventing escape or access by people or animals, or dividing a property into sections, and includes every door, gate and other closures that forms part of the Fence, and does not include a hedge;
Fireworks Fireworks as defined in the Township of Russell Fireworks By-law, as amended;
Fitness and Instructional Classes A class held outdoors by a qualified instructor providing appropriate physical exercise instruction of various types and various levels to its participants or a class held outdoors by a qualified instructor that impart knowledge or skill;
Leash A rope chain or other restraining device for a dog which may not exceed 2.4 metres long;
Leash- free zone A designated area officially recognized by the Township for the purpose of permitting a dog to be at large;
Motor-assisted bicycle A Motor Assisted Bicycle as defined by the Highway Traffic Act R. S.O. 1990, c. H.8, as amended;
Motorized Recreational Vehicle A Vehicle that is propelled or driven by an internal combustion engine, electric engine, or battery operated and that is used for recreational purposes, including but not limited to a snowmobile, go-cart, golf cart, trail bike, mini bike, Motor Assisted Bicycle or all-terrain Vehicle
Motorized Vehicle An automobile, motorcycle, motor-assisted bicycle unless otherwise indicated in the Highway Traffic Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a streetcar or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act;
Multi-purpose pad An asphalt or concrete surface area for non-motorized activities, such as – without limiting the generality thereof – basketball, skateboarding, rollerblade and street hockey;
Multi- use recreational tail A multi-purpose path whether paved or unpaved, designed to permit the use by pedestrians and non-motorized vehicles, except motorized wheelchairs or other accessibility devices, unless otherwise posted;
Municipal Law Enforcement Officer A person appointed by the Corporation of the Township of Russell as a Municipal Law Enforcement Officer to enforce the provisions of the by-law;
Municipal Property Any land including but not limited to parking lots, trails, parkland, bus shelters and any indoor or outdoor facilities or installations located on this land which is owned, leased or operated by the Corporation of the Township of Russell;
Officer Have the same meaning as a Municipal Law Enforcement Officer or Police Officer;
Official Signs Any sign, notice, or other device placed or erected in or upon a park by the township;
Organized team sport or activity A sport, game or activity that has been pre-planned and that involves more than one player, which operates under the auspices of a league, club or association and has a registration process with designated player rosters;
Owner A person who keeps, possesses, harbours, have temporary or permanent possession of an animal, and, in the case of a minor, “Owner” means the person responsible for the custody of the minor;
Park The land, including any body of water, buildings or structures located therein, that is owned by or leased or controlled, made available to the Township by lease, agreement, or otherwise, and that is established, dedicated, set apart or made available for public recreation, including but not limited to recreational areas, trails, access paths, green spaces, wooden areas, gardens, playgrounds, playfields, sports fields, swimming pools, splash pads or similar use and may include spectator areas, accessory buildings or structures such as a maintenance building, washrooms or canteen;
Park Amenity Any asset including but not limited to monuments, fountains, bridges, walls, seats, benches, structures, or articles of park equipment or appurtenances;
Parking Area Any area of a park which has been set aside and that is designated by the Township for the parking of vehicles;
Park Roadway Areas improved for vehicular traffic;
Parks Staff Any employee in the Parks and Recreation Department;
Park Vendor An owner of a business or service, or their designated operator, licensed by the Township, operating a specific business or service within a Designated Area within a Park with a valid Vendor Perm
Permit Written permission or written authorization issued under this by-law, for the temporary use or access to a park which shall include, but not limited to, a facilities rental contract, temporary access permit;
person An individual, firm, corporation, association, partnership, or an individual in his or her capacity as a trustee, executor, administrator, or other legal representative. Where a person is a minor,
Person The parent or guardian of the minor;
Police Officer A person appointed as police officer, cadet or auxiliary member of the Ontario Provincial Police or any other police force having jurisdiction within the Township of Russell;
Power-assisted bicycle A Power-Assisted Bicycle as defined in the Highway Traffic Act, R. S.O., c. H.8, as amended;
Service animal An animal trained by a recognized school for service as a guide dog for the blind or visually impaired, a guide dog for the deaf or hearing-impaired, or a special skills dog for other disabled persons and includes an animal used in therapy, registered with a recognized organization for that purpo
Smoke or smoking The carrying or holding, inhaling or exhaling of lighted tobacco, or cannabis product or any other lighted paraphernalia or product commonly used for or having the intent purpose of the act of smoking;
Special Event An event which is being held either as a community, social, sporting, family, or cultural group celebration, or other similar events that require additional permission from the Parks and Recreation Department or other internal or external departments in order to proceed
Sports amenities Any Park Amenity designed for sports including, but not limited to, soccer fields, baseball fields, football fields, cricket pitches, basketball courts, tennis courts, volleyball courts, multi-purpose pads, and playgrounds;
Sound amplifier An apparatus used to increase the volume of sound and not limited to a radio to use to input power, current, voltage so as to increase the output;
Swimming pool Any swimming or wading pool or splash pad under the jurisdiction of the Parks and Recreation Department of the Township of Russell;
Township The Corporation of the Township of Russell;
Vape or vaping The act of heating and converting cannabis, an E-substance or any other substance through a vaporizer or an electronic cigarette, for the purpose of simulating the inhalation of smoke;
Videography The process of capturing moving images on electronic media or even streaming media;
Vehicle An automobile, boat, truck, motorcycle, motor assisted bicycle, e-scooter, traction engine, farm implement or equipment, motorized construction equipment, snowmobile, airplane, trailer, recreational vehicle or any other vehicle which is capable of being driven, propelled, or drawn by any kind of power, but does not include a motorized wheelchair or other accessibility devices;
Watercraft Any device for conveyance in or on water, including but not limited to power climb boats, jet skis, row boats, sailboards, canoes, kayaks, and dinghies;
Woodland Forested land covered with woody vegetation.

2. Interpretation

2.1 Where a situation arises, that is not covered by a specific regulation or where two or more regulations are equally applicable, all provisions shall be complied with or, where it is not possible to comply with all the provisions applicable, the most restrictive provisions shall prevail.

3. Administration

3.1 The Director of Parks and Recreation shall be responsible in part for the administration of this by-law.

3.2 As part of their responsibility to administer this by-law, the Directors may:

  1. designate areas within a park from which the public is excluded;
  2. make regulations and impose conditions upon which a Designated Area shall be used;
  3. make regulations and impose conditions for the orderly use of a park and any park facilities;
  4. issue Permits under this by-law for specific uses of a park or parts of a park;
  5. impose conditions as a requirement of obtaining, continuing to hold or renewing a Permit, in addition to the requirements under this by-law, and such conditions may vary depending on the type of Permit; and
  6. revoke a Permit issued under this by-law as a result of a breach of a condition of the Permit or a provision of this by-law.

4. Exemptions

4.1 This by-law shall not apply to:

  1. Employees or agents of paramedic, fire and police services and their vehicles acting in the scope of their duties to provide emergency services or enforcement activities within a park.
  2. The township, its vehicles, and its employees or agents acting within the scope of their duties as employees or agents of the Township.

4.2 The Director of Parks and Recreation may exempt persons from all or part of the requirements and prohibitions of this by-law from time to time if such exemption is required for the beneficial administration of a park.

5. Permits

5.1 An applicant for a permit under this by-law shall:

  1. complete an application for the permit on the forms as provided by the Director of Parks and Recreation.
  2. submit a completed application together with the applicable fees as set out in the Township’s Fees and Charges By-law, as amended, which may include a security deposit.
  3. provide any documentation and insurance certificates as required in section 32 as prerequisites and requirements for the issuance of the permit.

5.2 A permit holder shall comply or ensure the compliance of all the provisions and conditions of the permit and this by-law.

  1. Failure to comply with any provision or condition of a permit or this by-law may result in the revocation of the permit by the Directors in addition to any other enforcement proceedings against the permit holder as permitted by law.
  2. The permit holder of a revoked permit shall immediately cease or ensure the immediate cessation of all the activities for which a permit has been issued upon revocation of the permit under subsection 3. 2.

5.3 Where a permit holder has damaged any park property, including but not limited to, landscaping, trees or park amenities, the permit holder may be ordered to:

  1. compensate for the damage to the satisfaction of the Township at the expense of the permit holder; and/or
  2. compensate for any studies or documentation, as deemed appropriate by the Director of Parks and Recreation, to determine the extent of the damage before repairing the damage.
  3. if the permit holder fails to comply with an order made under Subsection 35.2 or if he chooses to correct the damage itself, the Township may correct the damage and use any security deposit posted by the permit holder to pay for any costs associated with carrying out the work.
  4. if the costs incurred by the Township in carrying out any work under Subsection 5.3 are greater than the security deposit posted by the permit holder, any costs not covered by the security deposit shall be a debt owed by the permit holder to the Township.
  5. Failure to abide by the permit may result in restricted access to future permits.

5.4 The issuance of a permit under this by-law does not relieve any person from the necessity of acquiring any other license or permit required for carrying on an activity in a park under any other applicable laws, by-laws, regulations, and requirements of other governmental authority.

5.5 A permit is the property of the Township and is not transferable.

6. Hours of Operation

6.1 No person shall:

  1. remains or enter into any park between the hours of 11 o’clock in the afternoon (11:00 p.m.) and 5 o’clock in the morning (5:00 a.m.) except as a participant or spectator of a function approved by the Director of Parks and Recreation;
  2. remain in the park upon completion of an activity as a participant or spectator of any function between the hours of 11 o’clock in the afternoon (11:00 p.m.) and 5 o’clock in the morning (5:00 a. m.); or
  3. enter any place where a sign prohibiting admittance or trespassing is displayed or where admission is otherwise prohibited or restricted.

6.2 Despite subsection 6.1, where the hours of operation in a park are posted and differ from those in subsection 6.1, no person shall remain or enter into the park outside of the posted hours provided that the posted hours are no later than 11 o’clock in the afternoon (11:00 p.m.) or earlier than 5 o’clock in the morning (5:00 a.m.).

6.3 Notwithstanding Section 6.1, the Directors, officer, or park staff may close a park or portion of a park for a period of time, where the Directors, officers or park staff determine that it is necessary:

  1. to maintain the safety or security of the park; or
  2. to conduct an investigation; or
  3. to allow the Directors or officers to adequately administer and enforce this by-law; or
  4. for the beneficial administration of the park or to carry out the functions as authorized by a permit for use of the park or part of the park; or
  5. where posted or permitted.

6.4 The Director of Parks and Recreation shall not close a park or a portion of a park for a different period of time as provided in Section 6.3 for more than six (6) consecutive months without Council’s approval.

7. Sports and Activities

7.1 No person shall participate in or play an activity which damages a court, a field or any township recreational property. Employees of the Township may request that the user cease the activity or leave the premises.

7.2 The Directors may, at their discretion, restrict or permit access, at any time and to any baseball or sports field, on the basis of the ground conditions of the field.

7.3 Subject to subsection 7.2, no person shall use or access a ball diamond, court or sports field to which access has been restricted by the Director of Parks and Recreation.

8. General Conduct

8.1 While in a park, no person shall:

  1. engage in riotous, loud, boisterous, violent, threatening, or illegal activity, or use profane or abusive language, which includes hatred against an identifiable group; or
  2. engage in any activity that, if in the opinion of parks staff or officers, creates a nuisance or that interferes with the use and enjoyment of the park by other persons; or
  3. engage in any activity that may cause injury or damage to any person, animal, including a domestic animal, tree, shrub, plant, property, or park amenity; or
  4. disobey an authorized sign; or
  5. discharge or set off any fireworks without a valid permit issued under the Township’s Firework By-law, as amended; or
  6. Intentionally release any balloons, lanterns; or
  7. operate any remote-controlled or other powered devices, including but not limited to, model versions of aircraft, rockets, watercraft, drones, and vehicles, other than in a designated area unless authorized by permit; or
  8. erect, place, install, or cause the erection, placing or installation of any permanent or temporary structure, tent, or booth without a permit; or
  9. camp, erect or place a tent for shelter or temporary abode of any kind unless authorized by the Directors; or
  10. operate any vehicle or any other form of motorized vehicle anywhere including on a multi-purpose pad or multi-use recreational trail, park except in areas where permitted; or
  11. skate, walk, or engage in any activities on snow/ice-covered ponds, streams, or any other snow/ice-covered bodies of water that are Township owned; or
  12. ski, toboggan, snowboard, skibob, or sled where posted to prohibit same; or
  13. be in possession of or use a firearm, air gun, crossbow, bow and arrow, axe, paint guns or any similar weapon of any kind unless authorized by the Director of Parks and Recreation and authorized by law; or
  14. urinate or defecate except in a designated washroom; or
  15. activate any emergency alarm or device, or use any emergency telephone except in situations of emergency; or
  16. operate a metal detector unless authorized by a permit; or
  17. cause to take place or participate in a marriage or a similar ceremony except in a designated area and authorized by permit; or
  18. enter or attempt to enter any area locked or otherwise restricted from public access; or
  19. make use of a designated area for other than its intended use except in accordance with the posted rules and regulations; or
  20. fail to comply with an order given by Township staff or an officer; or
  21. possess, consume, serve, or sell alcoholic beverages unless authorized by a permit, and after having complied with all of the requirements of the Liquor License Act, R. S.O. 1990 C. L19, as amended; or
  22. smoke or vape, regardless of whether or not a notice is posted that smoking or vaping is prohibited, in a park and in compliance with the Township No Smoking or Vaping By-law, as amended.
  23. play music as part of a band in any park or recreational area without first obtaining a permit.
  24. play or bet at or against any game conducted, dealt, or carried on with cards, dice, or other devices for money, chips, shells, credit or other thing representative of value, or maintain or inhabit any gambling table or other instrument of gambling or gaming unless otherwise authorized by permit.

8.2. No person shall dump, deposit, drain, or otherwise dispose of:

  1. any waste anywhere in a park, except waste generated from the use of the park and wholly into receptacles provided in the park for such purposes; or
  2. any snow, fill, soil, or construction materials in a park without a permit; or
  3. any material into any pool, pond, lake, stream, fountain, watercourse, or any other body of water in a park; or
  4. any material into any soils in a park; or
  5. discharge of water or wastewater from sewage, any roof drainage system, hot tub, swimming pool, or pond into or onto a park; or
  6. any tree or grass trimmings or other vegetation.

8.3. While in a park, no person shall:

  1. bury, scatter, or otherwise dispose of any biological or cremated remains.
  2. cause to take place or participate in a funeral service, except in a cemetery or designated area unless authorized by a permit.
  3. interfere or endanger any other park user or township staff.

9. Damage to Property

9.1 While in a park, no person shall:

  1. plant, prune, remove or damage any tree, shrub, plant, flower, flowerbed, bush, sod, grass, or any other vegetation unless otherwise authorized by the Director of Parks and Recreation; or
  2. climb, remove, damage, or deface any tree, tree roots or parts of a tree; or
  3. remove, damage, disturb or deface any park amenity; or
  4. climb any park amenity unless the amenity is designated for climbing; or
  5. remove any soil, sand, gravel, stone, rocks, wood, or any other material located in the park.

Specific Park Uses

10. Campfire or Barbecue

10.1 While in a park, no person shall:

  1. light, build or stoke a fire without a permit; or may do so with the written approval from both the Director of Parks and Recreation and the Fire Chief or their designate.
  2. use a portable barbecue in an area other than a designated area without a permit; or
  3. use fuel other than charcoal or briquettes in a grill provided by the Township; or
  4. violate any provisions of the Township’s Open-Air Burning By-law, as amended; or
  5. leave a barbecue or fire unattended without extinguishing the fire and ensuring that the embers are cold; or
  6. dispose of embers other than in the designated location.

11. Special Events

11.1 In a park, no person shall:

  1. hold a special event for more than twenty-five (25) persons without a permit; or
  2. interfere with a special event authorized by permit; or
  3. engage in cooking except as otherwise provided in this part or in designated areas; or
  4. move park amenities from an area to another area to accommodate their special event.

11.2 Notwithstanding Section 11.1, if the event is an organized sport or activity, no person shall arrange or engage in such an organized sport or activity or special event except in a designated area and with a valid permit where one is required.

12. Amplifiers and Speakers

12.1 While in a park, no person shall operate or use any sound amplifying equipment, in a manner that, in the opinion of a Township Staff or Officer, disturbs or interferes with other persons in or near the park or contrary to the Township of Russell Noise By-law, unless approved by Director, or by exemption approved by Council.

13. Watercraft

13.1 No person shall:

  1. launch a watercraft anywhere in a park except in a designated area; or
  2. moor or dock a watercraft anywhere in a park except in a designated area.

13.2 No person shall fuel a watercraft from any vehicle or other equipment on Township land, including the piers or docks.

14. Bathing and Swimming

14.1 In a park, no person shall:

  1. enter any public swimming or wading pool except at times designated for swimming; or
  2. disobey posted signs or instructions of any Township Staff or Officer in or adjacent to any swimming or wading pool; or

iii. swim, bathe or wade in any body of water except in designated areas; or

  1. take any inflatable device, swimming assist, snorkel, or other underwater breathing device into any body of water unless otherwise permitted; or
  2. misuse or damage the Township’s life-saving equipment.

15. Washrooms and Change Rooms

15.1 A person shall use the restroom or change room in a park that corresponds to their expressed gender identity, regardless of their sex assigned at birth save and except for the Township’s park staff or contractors retained for the purpose of servicing the washroom or change room.

15.2 No person shall use or operate any photographic or video recording devices in a restroom or change room in a park.

15.3 No person shall loiter in any washroom, change room, bath house or bathing station, in any park, or conduct themselves in such a manner as to be objectionable to another person using, or in the vicinity of, said washroom, change room, bath house or bathing station.

16. Circulars and Advertisements

16.1 No person shall:

  1. distribute or display any handbill, notice, or any other type of circulars, bills, advertisements, or any form of promotional item or samples in a park without a permit; or
  2. erect, display, alter or allow the erection, display, or alteration of any sign or posters in a park unless in compliance with the Township’s Sign By-law, as amended.

17. Kites

17.1 No person shall:

  1. fly a kite with a string made of metal, wire, piano wire, fishing line, or any type of nylon that can be or is chemically treated or coated with glass particles; or
  2. fly a kite within 25 metres of any tree, building, light pole, or hydro or other utility pole; or
  3. fly a kite in park roadways, parking areas or pathways; or
  4. fly a kite for the purpose of competitive flying unless authorized by a permit; or
  5. fly a kite where kite flying is prohibited as posted by signage; or
  6. leave in the park any part of the kite, including the string or other type of tethering material, except in a waste disposal container.

Commercial Activities

18. General

18.1 Unless authorized by permit and in compliance with the Township’s Transient Trader Bylaw and Refreshment Vehicle By-law, no person shall, while in a park, sell:

  1. any flowers, food, including fruits and vegetables, drinks, or refreshments; or
  2. any goods, wares, merchandise, or articles, including promotional material, souvenirs, and novelties; or
  3. any art, skill, service, or work.

18.2 Unless authorized by permit, no person shall, while in a park, practice, carry on, conduct, or solicit for any trade, occupation, business, profession, or charity.

19. Refreshments

19.1 Every owner of a park vendor vehicle is required to have a Township Refreshment Vehicle Permit in order to operate in a park and shall prominently display the permit on the vehicle when operating in a park.

19.2 Every person issued a Township Transient Trader Permit or Refreshment Vehicle Permit shall operate in accordance with the dates, times, and designated areas, as recorded on the permit.

19.3 Township staff or officers may request any licensee with a valid permit in a park, to move from their designated area within the park to accommodate operational needs.

19.4 The township will provide a minimum of five (5) days notice to the owner that their designated area will be changing within the park and provide a suitable designated area within the same park.

19.5 Any licensee with a valid transient trader or refreshment vehicle permit in a park shall:

  1. ensure the business is self-contained and located only in the designated area.
  2. ensure no additional structures or furniture is erected, moved, or placed near their designated area.
  3. adhere to park hours and vacate the park outside of the hours, or during periods of exceptions as per the permit.
  4. follow all terms and conditions as per the permit for it to remain valid.

20. Commercial Photography and Videography

20.1 No person shall:

  1. engage in commercial photography or videography except as authorized by the Director of Parks and Recreation; or
  2. film, photograph, or videotape for remuneration without authorization from the Director of Parks and Recreation; or
  3. make a television broadcast without authorization, except if the broadcast is made by the news media.

21. Fitness and Instructional Classes

21.1 No person shall:

  1. conduct a fitness and instructional class in a park without a permit; all activities of the fitness and instructional class shall be only conducted in designated areas as specified on the permit; or
  2. use the designated area or otherwise interfere with the conduct of the fitness and instructional class while the fitness and instructional class is in progress.

22. Busking

  1. No person shall:
    1. busk in any park without a permit.
    2. busk in other areas than at the predetermined designated busking areas as identified by the Township.

23. Animals in Parks

23.1 No person shall:

  1. bring any animal other than a domestic animal into a park unless authorized by a permit; or
  2. allow a domestic animal to be at large in any park; or
  3. allow any animal to enter any beach, pond, swimming area, spray pad, garden, landscaped area, playground or sports fields, or any other area; in any park or recreation facility or have a domestic animal in a park, or any part thereof, where the domestic animal is within five (5 m) meters of:
    1. a play structure,
    2. a wading pool, or
    3. a splash pad.
  4. Despite Section (a), (b) or (c), an owner of a domestic animal may have such an animal that is kept on a leash on a path on part of a park that is within five (5) meters of a play structure, a wading pool, or a splash pad provided that the park is not designated by the sign as an area where domestic animals are prohibited and the owner moves along the path without stopping.
  5. allow an animal to chase/attack any wildlife or damage any shrub, tree, flowerbed, bush or similar vegetation on township property; or
  6. allow an animal to engage in any activity that is prohibited under section 8 General Conduct of this by-law; or
  7. leave excrement left by any animal on any property; or
  8. have leashed or have in their possession or control more than 2 dogs in a park without a permit.
  9. have a domestic animal on a leash that extends more than 2.4 meters and not under the direct physical control of a person.
  10. Section 23. 1 ii shall not apply to dogs while in the dog park.
  11. Section 23.1 i. and 23. 1iii shall not apply to a person with a service animal.
  12. Section 23. 1 iii, iv and vii does not apply to a blind or visually impaired handler of a service animal/working animal or a service domestic animal/working animal if the feces were left while the dog was off the premises of the handler and during the course of fulfilling its duties.
  13. Despite subsection 23.1 i. and subject to other applicable municipal by-laws, the Director of Parks and Recreation may permit animals to be brought into a park for specific events, if the applicant files with the Director of Parks and Recreation, a request for a specific event indicating the time, date, place and purpose together with any additional; information requested by the Director of Parks and Recreation.

24. Protection of Wildlife

24.1 No person shall:

  1. kill, attempt to kill, hunt, trap, or otherwise pursue an animal in any manner so as to disturb its presence in the park; or
  2. injure, attempt to injure, or otherwise pursue an animal in any manner so as to disturb its presence in the park; or
  3. feed any animal or leave food or attractants of any type or in any form in a park; or
  4. dump or dispose of any animal (living or dead) in a park.

25. Fishing

25.1 No person shall:

  1. fish in an area where it is prohibited to do so and as noted by applicable signage, in any park.
  2. clean any fish caught or captured in the park or deposit fish remains in any body of water, unless at a designated fish cleaning facility.

26. Vehicles

26.1 General Prohibition

  1. Unless otherwise permitted, no person shall drive, operate, pull, or ride any vehicle in a park except on the park roadway or parking area.
  2. Unless otherwise permitted, no person shall allow another person to drive, operate, pull, or ride any vehicle that is in their care or possession in a park except on the park roadway or parking area.
  3. In addition to Subsection 26.1 a), no person shall drive or operate or park:
    1. any heavy machinery or equipment of whatever mode of power; or
    2. any truck or trailer except for the purpose of making a delivery to a point within the limits of the park; or
    3. any recreational vehicle commonly known as an “RV” which may provide living accommodations for persons; or
    4. any Motorized Recreational Vehicles.
    5. in a one-way park roadway in a direction opposite to the direction of the traffic.
  4. Subsection 26.1 b) does not apply to an owner of a Park Vendor Vehicle, or their designated operator, who holds a valid Vendor Permit issued under this by-law for the purpose of operating a Park Vendor Vehicle in the park.
  5. No person shall use a park roadway or parking area in a park for:
    1. washing, cleaning, servicing, maintaining or the repair of a vehicle; or
    2. instructing, teaching, or coaching any person in the driving or operation of a vehicle, except for a bicycle; or
  6. No person shall park any vehicle in a parking area except while using the park during park hours unless expressly authorized by signs or permit.
  7. No person shall park a school bus in a park’s parking area or roadway except for the purpose of pick-up and drop-off, and in any event, no person shall park a school bus for that purpose for more than thirty (30) minutes.
  8. Township employees or officers may direct vehicular or pedestrian traffic at their discretion where it is considered reasonably necessary to ensure the orderly movement of traffic, or to permit action in an emergency.

27. Bicycles

27.1 A person may ride a Bicycle on a Multi-use Recreation Trail within a park unless otherwise posted.

27.2 All Bicycles must be equipped with front white light and rear red light, or reflectors, at night from thirty (30) minutes before dusk and thirty (30) minutes after dawn.

27.3 All Bicycles must be equipped with a bell or horn at all times, and the rider shall give an audible signal when overtaking and passing other users.

27.4 All persons under the age of 18 must wear a helmet at all times.

27.5 No person shall obstruct, inconvenience, or endanger other users of a park while riding or operating a bicycle.

28. Commercial Vehicles

28.1 In addition to Section 26.1 f), no person shall drive, operate, pull, ride, or park any commercial vehicles in a park unless the person and/or the owner of the vehicle:

  1. has a valid permit issued by the Director of Parks and Recreation to conduct commercial activities using the vehicle in the park; and
  2. satisfies all licensing requirements as provided in other applicable Township by-laws for the operation of such a commercial vehicle in the Township; and

iii. complies with all the provisions in the permit as issued by the Township.

29. Speed

29.1 No person shall operate a Vehicle on a park roadway in excess of the posted limit.

29.2 All park roadways shall have a maximum speed limit of twenty-five (25) kilometers per hour for all vehicles unless otherwise posted.

30. Encroachment

30.1 Unless expressly authorized by permit, no person shall encroach upon, take possession or restrict access to any park, or any part or area within a park, by any means whatsoever, including but not limited to the placing, construction, installation or maintenance of any fence, structure, lights or other thing, the dumping or storage of any materials, or by planting or removing any plant/tree or otherwise cultivating, grooming or landscaping any part of the grounds thereof;

30.2 Where the Director of Parks and Recreation determines that an encroachment upon a part or area of a park will be reasonable in the circumstances and will not be detrimental to the interests of the Township, the Director of Parks and Recreation may authorize by permit an encroachment upon a part or area of a park, upon such terms and conditions as the Director of Parks and Recreation may deem appropriate in the circumstances, and may take or require to be taken such measures or actions as the Director of Parks and Recreation deems reasonable to ensure that any authorized encroachments are and continue to be satisfactory to the Township;

30.3 The Director of Park and Recreation or Director of Public Safety and Enforcement are authorized to remove or cause to be removed, and to dispose of or cause to be disposed of, any unauthorized or no longer authorized encroachment from any park by any means and in any manner whatsoever, as the Directors may, in the exercise of an absolute discretion, deem appropriate in the circumstances, including but not limited to the issuance of an order to remove an encroachment against the person or persons responsible for the encroachment.

30.4 No person, responsible for an authorized encroachment, shall fail to comply with the terms and conditions of the permit authorizing such encroachment.

30.5 No person responsible for an encroachment shall fail to remove an encroachment, when directed or ordered by the Directors, where such encroachment is not authorized or no longer authorized by permit.

30.6 In the event that a person or persons, against whom an order to remove an encroachment from a park has been made or issued by the Directors, fails to comply with said order within the time indicated on the order, the Directors may cause the encroachment to be removed and disposed of, all at the expense of such person or persons and the amount of such expense may be recovered by the Township by action or may be added by the Township Clerk to the collector’s roll against any lands within the Township of Russell owned by such person or persons and collected in a like manner as municipal taxes.

31. Insurance

31.1. Every permit holder shall, at their own expense, obtain and maintain until the termination of the agreement or otherwise stated, and provide the Township with evidence of:

  1. Commercial General Liability Insurance issued on an occurrence basis for an amount of not less than $5,000, 000 per occurrence/ $5, 000,000 annual aggregate for any negligent acts or omissions relating to their operations. Such insurance shall include, but is not limited to, bodily injury and property damage including loss of use; personal injury and advertising injury; contractual liability; premises, property & operations; non-owned automobile; broad form property damage; owners & contractors protective; occurrence property damage; products; broad form completed operations; employees and volunteers as Additional lnsured(s); contingent employers’ liability; cross liability and severability of interest clause.
  2. The permit holder shall add the Corporation of the Township of Russell as Additional Insured subject to a waiver of subrogation. This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available to the Township.
  3. Automobile Liability Insurance with respect to owned or leased vehicles used directly or indirectly in the performance of the services covering liability for bodily injury, death, and damage to property, with a limit of not less than $2 million inclusive for each and every loss.

31.2. The permit holder is responsible for any deductible under the applicable policy. The Township shall bear no cost of such deductible.

31.3 The permit holder shall keep their property/ assets insured. Failure to do so shall not impose any liability on the Township.

31.4 The permit holder is responsible for carrying WSIB on employees or its equivalent.

31.5. The Township reserves the right to request additional insurance to address additional exposure that may arise.

31.6 The permit holder shall provide a certificate of insurance to the Township evidencing coverage as noted above. Such insurance shall be written with an insurer licensed to carry on business in the province of Ontario. The certificate shall provide the additional insured in writing at least thirty (30) days notice of such cancellation, material change or lapse. The permit holder remains responsible for maintaining the required insurance even if the certificate is never exchanged and /or requested.

32. Indemnification

32.1 The permit holder shall defend, indemnify and save harmless the Corporation of the Township of Russell, their elected officials, officers, employees, volunteers and agents from and against any and all claims, actions, losses, expenses, fines, costs (including legal costs), interest, or damages of every nature and kind whatsoever, including, but not limited to, bodily injury or to damage to or destruction of tangible property including loss of revenue arising out of allegedly attributable to the negligence, acts, errors, omissions, whether willful or otherwise by the permit holder, licensee, suppliers, their officers, employees, volunteers, guests, invitees, agents or other who the permit holder is legally responsible. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the permit holder in accordance with this agreement and shall survive this agreement.

33. Removal of Vehicles

33.1 A Municipal Law Enforcement Officer or Police Officer, upon discovery of any vehicle parked, stopped or standing in contravention of this by-law, may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, if any, are a lien upon the vehicle which may be enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, Chapter R.25, as amended.

34. Enforcement

34.1 Unless otherwise provided in this by-law, the parks and recreation by-law shall be enforced by the Municipal Law Enforcement Officers of the Township of Russell or Police service having jurisdiction in the Township of Russell.

34.2 Township Staff or an Officer may order any person believed to be contravening or have contravened any provision of this by-law:

  1. to immediately cease and desist from the activity constituting or contributing to such contravention; or
  2. to immediately remove from the park any animal or thing owned by or in the control of such a person which is involved in such contravention; or
  3. to leave the park immediately; or
  4. no person shall knowingly provide any false information in any statement, whether in writing or otherwise, made to an Officer investigating an offence under this by-law; or
  5. where an officer believes that any person has committed or is committing an offence under this by-law, the Officer may require the name, address, and proof of the identity of that person, and the person shall supply the required information.

34.3 Township Staff or an Officer may order any person engaging in an activity that requires a Permit under this by-law to provide the original copy of the Permit for inspection.

34.4 No person shall fail to comply with the order given by Township Staff or an Officer or Subsections 34.2 or 34.3.

35. Offence and Penalties

35.1. Any person who contravenes or causes or permits any contraventions of any of the provisions of this by-law shall be guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act or any successor.

35.2. In addition to any penalty imposed and any other remedy, the court in which the conviction had been entered, and any court of competent jurisdiction, thereafter, may make an order:

  1. prohibiting the continuation or repetition of the violation by the person convicted.
  2. requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate; and
  3. that the premises or part of the premises be closed to any use.

36. Obstruction

36.1 No person shall willfully obstruct, hinder or otherwise interfere with an officer and/or Township staff in the performance of their duties or the exercise of their rights, functions, powers or authority under this by-law.

36.2 Any person who has been alleged to have contravened any of the provisions of this by-law shall identify themselves to the Municipal Law Enforcement Officer upon request, failure to do so shall be deemed to have obstructed or hindered the Municipal Law Enforcement Officer in the execution of his/her duties.

37. Validity and Severability

37.1. If a court of competent jurisdiction declares any provision or part of this by-law to be invalid or unenforceable for any reason whatsoever, then the particular provision or part thereof shall be deemed to be severed from the remainder of the by-law and it is the intention of Council that all other provisions or parts thereof shall remain in full force and shall be valid and enforceable to the fullest extent permitted by law, unless the court makes an order to the contrary.

37.2. Where a provision of this by-law conflicts with the provisions of another by-law in force within the Township of Russell, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail.

37.3 Nothing in this by-law relieves any person from complying with any of the provisions of any federal or provincial legislation or any other by-law of the Township of Russell.

38. Short Title

This by-law may be referred to as the “Parks and Recreation By-law”.

39. Repeal

That by-laws 51-1991, 69-1991, 7-1993, 1-995, 12-1996, 113-1996, 1-2000, 51-2006, 156-2014, 2015-83 as amended, forming the Parks and Recreation By-law are hereby repealed. The repealing of the above-mentioned by-laws, as amended, does not affect any charges laid under their authority and prior to their repeal.

40. Effective Date

That this by-law shall come into force and take effect upon final reading thereof.

READ A FIRST AND SECOND TIME THIS 28TH DAY OF AUGUST 2023.

READ A THIRD TIME AND FINALLY PASSED THIS 11TH DAY OF DECEMBER 2023.

Signed by Pierre Leroux, Mayor
Signed by Joanne Camiré Laflamme, Clerk

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