CULTUS LAKE PARK BOARD AGENDA

Transcription

1 CULTUS LAKE PARK BOARD AGENDA SPECIAL MEETING TUESDAY, JULY 16, 2013 PARK OFFICE BOARDROOM 11:00 A.M. (1) CALL TO ORDER (2) BUSINESS ARISING (a) Bylaw , cited as the Good Neighbour Bylaw THAT Bylaw , cited as the Good Neighbour Bylaw, be given Fourth Reading and adopted. (b) Bylaw , cited as Fees, Fines and Charges Amendment Bylaw No. 5 Schedule 5, Good Neighbour Bylaw Fees THAT Bylaw , cited as Fees, Fines and Charges Bylaw Amendment No. 5 Schedule 5, Good Neighbour Bylaw Fees be given Fourth Reading and adopted. (3) ADJOURNMENT Ronald W. Campbell, CAO

2 CULTUS LAKE PARK BOARD GOOD NEIGHBOUR BYLAW NO. 1041, 2013

3 GOOD NEIGHBOUR BYLAW No TABLE OF CONTENTS 1.0 INTERPRETATION GENERAL REGULATIONS... 2 Public Areas LITTERING STREET NUISANCES... 3 Restrictions on Panhandling NOISE REGULATION... 4 Noise Restrictions... 4 Exemptions... 4 Special Exemptions... 4 General Prohibitions... 5 Motor Vehicle Noise... 5 Vehicles Idling and Air Quality... 5 Specific Prohibitions DOG CONTROL AND LICENCING... 7 Dog Feces PROPERTY MAINTENANCE Exemptions Regulations Vacant Premises Graffiti Boulevard and Laneway Maintenance MANAGEMENT OF PUBLIC AREAS BURNING CONDITIONS, RESTRICTIONS AND FIRE BANS Fire Bans TREE MAINTENANCE AND REPLACEMENT Application Procedure Tree Management Practices and Procedures Replacement of Dangerous Trees on Leaseholder Property Multiple Tree Removal i

4 11.0 ENFORCEMENT, PENALTY AND COMPLIANCE ORDERS 16 Enforcement Penalty Repeat Nuisance Service Calls Payment of Fine Right to Dispute SEVERABILITY REPEAL SCHEDULE A SCHEDULE B SCHEDULE C SCHEDULE D SCHEDULE E SCHEDULE F SCHEDULE G SCHEDULE H SCHEDULE I ii

5 CULTUS LAKE PARK GOOD NEIGHBOUR BYLAW NO. 1041, 2013 A Bylaw to enhance the quality of life for the citizens of and visitors to Cultus Lake Park WHEREAS, the Cultus Lake Park Board desires to enhance the quality of life for its citizens, and endeavors to promote civic responsibility, and further, strives to encourage good relationships between neighbors. AND WHEREAS, every person who offends against any of the provisions of this Bylaw or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this Bylaw, or who does any act or thing which violates any of the provisions of this Bylaw, shall be in breach of this Bylaw, and shall be liable to the penalties that may be imposed under the Offences Act and/or as outlined in Schedule 5 of the Fees, Fines and Charges Bylaw No NOW THEREFORE, under the authority of the Cultus Lake Park Act of 1932, the Board of Cultus Lake Park, in open meeting assembled, ENACTS AS FOLLOWS: 1.0 INTERPRETATION 1.1 This Bylaw may be cited as Cultus Lake Park - Good Neighbor Bylaw No Words or phrases defined in the British Columbia Interpretation Act, Motor Vehicle Act, Local Government Act, Community Charter, or any successor legislation, shall have the same meaning when used in this Bylaw unless otherwise defined in this Bylaw. 1.3 Schedules A, B, C, D, G, contain definitions of terms used in this Bylaw and form part of this Bylaw. 1.4 All leaseholders, residents, visitors, and persons are subject to the fees, fines and charges as outlined in Schedule 5 of the Fees, Fines and Charges Bylaw No In this Bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine includes the feminine gender. 1.7 The headings contained in this Bylaw are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this Bylaw. 1.8 If any part of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion shall be severed and the severance shall not affect the validity of the remainder. 1.9 Schedule A contains definitions that may be used in all Parts of this Bylaw. 1

6 2.0 GENERAL REGULATIONS 2.1 Any person who contravenes any provision of Section 2.0 of this Bylaw will be subject to fines as set out in Schedule 5 of the Fees, Fines and Charges Bylaw No No person shall obstruct or interfere with a Bylaw Enforcement Officer in the exercise of their duties. 2.3 A Bylaw Enforcement Officer shall have the right to enter upon the lease lot of any leaseholder or occupant at all reasonable times and in a reasonable manner for the purposes of carrying out their duties and declaring whether the property is unsightly or otherwise not in compliance with the provisions of this Bylaw. 2.4 No person shall place or occupy any building, structure, works, tent, vehicle, secondary temporary accommodation, or recreational facility vehicle whatsoever on any part of Cultus Lake Park (hereafter referred to as the Park ), other than on a lot for which a lease or written permission has been issued by the Board. 2.5 No person shall discharge a firearm within the boundaries of the Park, with the exception of a Conservation Officer or Peace Officer carrying out his/her official duties. 2.6 No person shall have in their possession, except in their place of residence, any firearm except as provided for in section 19(1) and (2) of the Federal Firearms Act. 2.7 No person shall keep any horse, cattle, swine or fowl in the Park without prior written approval from the Board. 2.8 No person shall feed any animal including geese, other than a domesticated pet. Bird feeders are permitted on residential property. Public Areas 2.9 No person shall climb, peel, cut, deface, remove, top, injure, or in any way damage any tree planted, growing or being in the Park, or deface, remove, damage, or destroy any structure, fence, or facility in public areas No person shall place or erect any structure, sign, bulletin board, post, pole or any other advertising device, or distribute or post, paint or affix any advertising in public areas of the Park without prior written permission issued by the CAO or designate No person shall consume or possess any open liquor or alcoholic beverage in any public area within the Park. 3.0 LITTERING 3.1 This section shall not apply to any notice issued by the Park. 3.2 No person shall deliver, circulate, or place advertisements to, on, or within any leased land, building, vehicle, unless such deliveries are deposited within a receptacle provided 2

7 by the leaseholders or occupiers of the leased land or building or requires prior written permission issued by the CAO. 3.3 No person shall deposit or throw bottles, broken glass, advertisements, or other litter, or trash anywhere within the Park or wooded areas, except in a receptacle designated for that purpose. 3.4 No person shall carry into, or cause to be placed in the Park or lake, refuse, litter or dangerous goods STREET NUISANCES 4.1 Schedule B contains definitions of terms used in Section 4.0 of this Bylaw. Restrictions on Panhandling 4.2 No person shall panhandle within the following areas of the Park: (a) An automated teller machine; (b) A bus stop; (c) A bus shelter; (d) Public beach; or (e) Other public facility. 4.3 No person shall panhandle from an occupant of a motor vehicle which is: (a) Parked; (b) Stopped at a traffic control signal; or (c) Standing temporarily for the purpose of loading or unloading. 4.4 No person shall panhandle after sunset on any given day. 4.5 No person shall sit, stand, or lie on a highway for the purpose of panhandling. 4.6 No person shall continue to panhandle from a person, or follow a person, after that person has made a negative response. 4.7 No person shall unnecessarily obstruct or annoy any other person by panhandling in the Park. 4.8 No person shall solicit for orders, peddle merchandise of any kind, offer entertainment or make any kind of a presentation or demonstration, without prior written permission issued by the Board. 3

8 5.0 - NOISE REGULATION Noise Restrictions 5.1 Schedule C contains definitions of terms used in Section 5.0 of this Bylaw. Exemptions 5.2 Notwithstanding anything contained herein, no person shall be guilty of an infraction of this Bylaw while: (a) (b) (c) (d) (e) (f) operating or in charge of Fire Department, Police or Ambulance Vehicles while in the execution of their duties; operating any motor vehicle, machinery or other apparatus or thing during an emergency or for a public purpose or in furtherance of the public interest including, without limiting the generality of the foregoing, water main and sewer main break repairs and civil defense exercises; performing works of an emergency nature for the preservation or protection of life, health or property, provided that, the onus shall be on the person performing the work to show cause that the work was of an emergency nature; lawfully carrying on a trade or industry at a commercial, light industrial area, provided that the sound or noise there from does not exceed the sound or noise common to such trade or industry where carried out in accordance with generally accepted industry standards using equipment and facilities in good operating order; operating residential household equipment including, but not limited to, pool pump motors, air conditioning units, exhaust fans, hot tub pumps, provided that the sound or noise there from does not exceed the sound or noise common to such household equipment when in good operating order and being used in accordance with generally accepted industry standards; hosting events held under the authority of a special event permit approved by the Board or designate. Special Exemptions 5.3 (a) Construction Permits Where the Building Inspector considers that it is impossible or impractical for a person to comply with subsection 5.2 (d) and (e), the Building Inspector may, upon application in writing, grant a construction permit to carry out work that is found to be necessary, at designated hours on designated days and on such other terms and conditions as the Building Inspector considers reasonable in the circumstances. 4

9 (b) Mobile Public Address Systems General Prohibitions Mobile public address systems shall only be permitted by way of an approved special event permit, and are not permitted for any reason whatsoever on a highway in the Park. A daily permit fee as stated in Schedule 5 of the Fees, Fines and Charges Bylaw No shall be payable. 5.4 (a) No person shall make, cause, or permit to be made or caused, any noise in or on any private property or place or on a highway, public road, laneway or other public area in the Park which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighborhood or vicinity of that place. (b) In terms of this Bylaw, quiet hours in the Park are between 11:00 P.M. and 7:00 A.M. No person shall make unnecessary or continuous noise during these quiet hours. Motor Vehicle Noise 5.5 (a) The following noises are considered unnecessary, objectionable or liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public: i. the squeal of a tire on a road surface made by a motor vehicle which is accelerating, stopping, or changing direction; ii. iii. iv. a loud, roaring or explosive sound emitted by a motor vehicle within the Park; the amplified sound of a radio, CD-player, or other sound playback device or amplification equipment, or the sound of a musical instrument, that emanates from a motor vehicle and can be easily heard by someone outside the motor vehicle; the sound of an automobile security system which is made, either continuously or intermittently, for a period exceeding three (3) minutes, or made more than three (3) times in a 24-hour period; v. the sound of a horn or other warning device on a motor vehicle used for any purpose other than as an audible warning incidental to the safe operation of the motor vehicle; vi. the sound of a brake or other type of engine brake on a motor vehicle used or operated for any purpose other than as an audible warning incidental to the safe operation of the motor vehicle. Vehicles Idling and Air Quality 5.6 (a) It shall be an offence to idle or otherwise run continuously for more than three (3) 5

10 minutes at the same location, except: i. a vehicle containing equipment that must be operated inside or in association with a vehicle; or ii. a vehicle serving as a facility for taking measurements or making observations by or on behalf of the Park, public utility, police, fire or ambulance. Specific Prohibitions 5.7 Without limiting the generality of subsection 5.3 herein: (a) (b) (c) (d) No person shall play or operate any radio, stereophonic equipment or other instrument or any apparatus for the production or amplification of sound either in or on private premises or on any highway, public road, laneway or other public area in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighborhood or vicinity of those premises or place; No person being the leaseholder, occupier or tenant of leased land shall allow or permit such leased land to be used by a person or persons for playing or operating any radio or stereophonic equipment or other instrument or other apparatus for the production or amplification of sound in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighborhood or vicinity of said leased land; No person shall own, keep or harbor any animal or bird which by its cries or sounds unduly disturbs the peace, quiet, rest or tranquility of the surrounding neighborhood or of persons in the vicinity; No person may operate, or cause, suffer or permit the operation of, any motorized lawn-grooming or garden equipment in the Park between the hours of 9:00 p.m. and 7:00 a.m.; (e) Subject to subsection 5.3(a), no person in the Park shall, on any day before 7:00 a.m. or after 7:00 p.m., construct, erect, reconstruct, alter, repair or demolish any building, structure or thing, or excavate or fill in land in any manner which causes noise or sounds in or on a highway or elsewhere in the Park which disturbs or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighborhood or vicinity; (f) (g) Subject to subsection 5.3(a), no leaseholder or occupant of leased land shall, on any day before 7:00 a.m. or after 7:00 p.m., cause, permit or allow a person to construct, erect, reconstruct, alter, repair or demolish any building, structure or thing, or excavate or fill in land in any manner which causes noise or sounds in or on any leased property, a highway, public road, laneway or elsewhere in the Park which disturbs the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighborhood or vicinity; No person shall create a nuisance or disturbance upon any portion of a highway, 6

11 public road, laneway or other public area by participating in a fight or other similar physical confrontation between consenting or non-consenting persons. 6.0 DOG CONTROL AND LICENCING 6.1 Schedule D contains definitions of terms used in Section 6.0 of this Bylaw. 6.2 Schedule 5 of the Fees, Fines and Charges Bylaw No contains scales of fees and voluntary fines payable in respect to violations and charges of this Bylaw. 6.3 Schedule E contains Dog-Specific Areas of the Park. 6.4 Schedule F contains a map of dog swim areas and on-or-off-leash dog areas in the Park. 6.5 It shall be lawful for Cultus Lake Park to establish a pound, enter into agreements with other jurisdictions, or enter in to a contract with a contractor for the impounding of dogs at such place or places and upon such premises as Cultus Lake Park may from time to time designate, and appoint a Pound Keeper or assistant Pound Keeper. 6.6 For owners of dogs which attain the age of four (4) months during a calendar year, licence fees are payable by the owner to the Park as per Schedule 5 of the Fees, Fines, and Charges Bylaw No For the purpose of determining whether any dog has been spayed or neutered, a certificate of spaying or neutering from a licenced veterinarian will be required. 6.8 Every licence issued under this Bylaw shall expire on the thirty-first day of December next following the date on which the licence takes effect. 6.9 The licence shall consist of a metal tag bearing a number corresponding with the number under which the dog is described and registered by the collector or Pound Keeper and the said tag shall be attached to a collar or strap around the neck of the said dog at all times Any person who has obtained a licence tag as provided in Section 6.6 of this Bylaw and has lost the tag may apply to the Park Office for another in place of the one so lost, and upon production of proof of such loss to the satisfaction of the Receptionist, he/she may issue to such person applying therefore, a duplicate or other tag, upon payment by such person in each case of a fee as outlined in Schedule 5 of the Fees, Fines and Charges Bylaw No Any person owning any dog apparently over the age of four (4) months for which a valid and subsisting licence has not been obtained shall be committing an offence and shall be subject to penalties imposed under this Bylaw The owner(s) of a dog or dogs shall keep such dog or dogs on a leash while in a public area within the boundaries of Cultus Lake Park, except where otherwise posted as a 7

12 designated area (refer to Schedules E and F, attached to and forming part of this Bylaw) The owner(s) of a dog or dogs shall keep the dog or dogs off all beaches, wharves, and foreshore areas, and shall be only permitted in the water in designated dog swim zones/areas (refer to Schedules E and F, attached to and forming part of this Bylaw) with the exception of the beach or foreshore directly in front of dog swim areas/zones The owner or keeper(s) of a dog or dogs shall be responsible for all clean-up of their dog s feces on all Park property. Failure to do so shall be an offence against this Bylaw, and is subject to penalty as listed in Schedule 5 of the Fees, Fines and Charges Bylaw No A dog shall be deemed to be at large when such dog is in any public area, and not on a leash as required within Cultus Lake Park Notwithstanding any other provision of this Bylaw, any dog found to be suffering from an incurable infectious disease by a licenced veterinarian, shall be dealt with in accordance with Provincial regulations When a complaint is made to the CAO (or designate) or the Bylaw Enforcement Officer that a dog is vicious, he/she shall investigate the same, and if he/she is satisfied that such complaint is well founded, he/she shall order the owner to keep it in confinement. If the owner fails to comply with said order, the Bylaw Enforcement Officer may seize such dog and impound the same, and within four (4) business days of such impounding, he/she shall apply to the Magistrate for a warrant to deal with the dog in accordance with provincial legislation. The Bylaw Enforcement Officer shall give the owner 24 hour notice to show cause why such warrant should not be granted by delivering to the owner at the address shown on the Receptionist s record, a notice in writing of the time and place at which the said application shall be made Any dog impounded under the provisions of this Bylaw remaining unclaimed and for which the licence fee, impounding fee or per diem charges as prescribed herein have not been paid after seven (7) business days from the time of impoundment will be dealt with in accordance with Provincial legislation No dog shall be released from impoundment by the Bylaw Enforcement Officer until all licence and other fees, charges and penalties in respect of such dog chargeable under this Bylaw have been paid The Bylaw Enforcement Officer shall make reasonable effort to notify the owner of any impounded dog by telephone call, in person, letter or electronic mail The Bylaw Enforcement Officer may, where he/she has reason to believe, a dog over the age of four (4) months which has been seen at large, for which the licence for the current year has not been paid, or a dog not having attached to it a licence tag for the current year as herein provided, has taken refuge on any premises, request the occupant(s) of such premises, to satisfy him that such licence tag is attached to such dog or to forthwith deliver such dog to him and where any dog is found to be on such premises as aforesaid, any occupant who fails, neglects, or refuses to deliver such dog 8

13 on request, or who resists or interferes with such Bylaw Enforcement Officer in seizing such dog, shall be an infraction of this Bylaw It shall be lawful for the leaseholder or occupant of any land in Cultus Lake Park or any person authorized by him/her, to impound a dog found trespassing on such land or doing damage thereon, and shall notify the Bylaw Enforcement Officer immediately Where the owner of an impounded dog is known, such owner shall pay the impoundment fee and per diem charges for such dog as prescribed herein, even though the owner fails or neglects to reclaim such dog Impoundment fees and per diem care charges in addition to other fines, fees, charges or payments to be made under this Bylaw are as outlined in Schedule 5 of the Fees, Fines and Charges Bylaw No The Bylaw Enforcement Officer shall make a record of each impoundment in any book provided for that purpose and the final disposition of every dog impounded All monies collected under the provisions of this Bylaw shall be paid to Cultus Lake Park and shall form part of the general revenue of the Park The Bylaw Enforcement Officer is hereby authorized to issue a Notice of Offence as per Schedule 5 of the Fees, Fines and Charges Bylaw No to any persons alleged to have offended against the provisions of this Bylaw and the said Notice of Offence shall specify that the owner may make payment to the Park for offences as outlined in Schedule 5 of the Fees, Fines and Charges Bylaw No A Notice of Offence as specified in Section 6.27 of this Bylaw shall be deemed to be sufficiently served: (a) (b) If served personally on the owner of the dog concerned. If mailed via Registered mail to the owner of the dog A person receiving such Notice of Offence may make payment of the amount specified in such notice, to the Park within seven (7) business days of the date of such notice, in lieu of appearing in Court to answer any charge with respect to the offences referred to in Section 6.27 of this Bylaw No person shall permit any dog of which he or she is the owner to continually howl or bark if such howling or barking causes annoyance to any person or persons in the neighbourhood No residence shall keep more than two (2) dogs; except (a) dogs which have been licenced with the Park prior to January 1 st, It shall be unlawful to operate or maintain a kennel, or keep dogs for the purpose of breeding or boarding, on any residential property within the Park. 9

14 6.33 Any person who, without lawful authority and not having paid the fees, charges and payments imposed under the provision of this Bylaw, takes or attempts to take the dog(s) out of impoundment, shall be an offence against this Bylaw. Dog Feces 6.34 No owner, except those certified as being legally blind, shall cause, allow or suffer any dog to leave or deposit feces on any public road, laneway, highway or other public area or private property other than the property of the owner, without immediately taking action to remove such feces and to dispose of the feces in a sanitary manner PROPERTY MAINTENANCE 7.1 Schedule G contains definitions of terms used in Section 7.0 of this Bylaw. Exemptions 7.2 (a) Section 7.0 of this Bylaw does not apply to the orderly outdoor storage of goods and chattels and as permitted in the Specified Area Bylaw and amendments thereto; (b) Section 7.0 of this Bylaw does not apply to a maximum of two (2) unregistered or unlicensed vehicles stored completely within the leaseholder s property boundaries. Regulations 7.3 Except as permitted under 7.2 of this Bylaw, no leaseholder or occupier of leased land shall cause, suffer or permit: (a) (b) (c) (d) (e) (f) (g) litter, noxious, offensive, or unwholesome matter to collect or accumulate on the leased land; litter to overflow from or accumulate around any container situated on the leased land; allow the leased land to become or remain unsightly; the accumulation of dead landscaping, vegetation, noxious weeds or other growths to occur or to remain on the leased land; the infestation of caterpillars or other insects, mice, rats, or other pests, or destructive animals to occur on the leased land; in respect to leased land for which a Building Permit has been issued by the Building Inspector, demolition waste, construction waste or trade waste to accumulate on the leased land; an accumulation of motor vehicle parts or any vehicle which is in a state of 10

15 Vacant Premises disrepair or disassembly, or is a derelict vehicle. 7.4 No leaseholder of leased land shall cause or create a nuisance, or permit a nuisance to be caused or created by allowing a vacant building on leased land to fall into such a state of disrepair that it becomes unsightly or creates a hazard, danger, nuisance or inconvenience to the general public. Graffiti 7.5 No person shall place graffiti, or cause graffiti to be placed, on any wall, fence, building or structure that is located in the Park. Boulevard and Laneway Maintenance 7.6 Every leaseholder or occupier of leased land adjacent to a boulevard or laneway shall: (a) (b) (c) (d) ensure that the portion of the boulevard or laneway adjacent to the leased land, up to the centerline of the laneway, is kept free and clear, at all times, of weeds, accumulations of filth, litter, discarded materials, and hazardous objects; ensure that the leased land is kept free and clear, at all times, of weeds that are within one meter from the boundary between the leased land and the adjacent boulevard or laneway, so as to prevent and control the spreading of weeds to adjacent boulevards or laneways; ensure that the leased land is kept free and clear, at all times, of accumulations of filth, litter, discarded materials, and hazardous objects that are within one meter from the boundary between the leased land and the adjacent boulevard or laneway; not have any obstruction and keep landscaping trimmed so that driveway and intersection sight distances are unobstructed and to prevent landscaping from encroaching over paved roadways, graveled shoulders, or sidewalks. 7.7 No leaseholder or occupier of leased land, or any other person, shall deposit or cause, suffer or permit the deposit of litter, including any garden or vegetation waste materials on any public area of the Park. Information regarding the Cultus Lake Park Garbage and Recycling Program may be obtained at the Park Office MANAGEMENT OF PUBLIC AREAS 8.1 Any person who contravenes any provision of Section 8.0 of this Bylaw will be subject to fines as set out in Schedule 5 of the Fees, Fines and Charges Bylaw No It is prohibited for any person other than Park staff to use fertilizers, pesticides, and herbicides in public areas. 8.3 It is prohibited for any person to alter or change any public area without prior written 11

16 approval of the Board. It is also prohibited to mow grass in public areas without the prior written permission of the Manager of Community Services. 8.4 (a) Beaches, wharves, and park areas in the Park are normally closed from: i. June 23 to September 30 11:00 P.M.* to 7:00 A.M.*; ii iii October 1 to March 31 - Dusk* to Daylight*; April 1 to June 22 - Dusk* to 7:00 A.M.* * The Manager of Community Services shall have discretion to alter these times, depending on circumstances. 8.5 (a) Parking lots in the Park are normally closed from: i. June 23 to September 30 11:00 P.M.* to 7:00 A.M.*; ii. iii. October 1 to March 31 - Dusk* to Daylight*; April 1 to June 22 - Dusk* to 7:00 A.M.* * The Manager of Community Services shall have discretion to alter these times, depending on circumstances. 8.6 It is prohibited for any person to use closed public areas including beaches, docks, parks and parking lots. 8.7 It is prohibited for any person to remove any items from any garbage or recycling receptacle, with the exception of Park staff BURNING CONDITIONS, RESTRICTIONS AND FIRE BANS 9.1 Any person contravening any prohibition during a fire ban is subject to fines in accordance to Schedule 5 of the Fees, Fines and Charges Bylaw No Open burning or fires are prohibited in the Park, with the exception of 9.3, below, and Park staff carrying out their work duties. 9.3 CSA-approved free-standing wood, propane, and natural gas fireplaces and stoves are permitted for burning and are the only appliances permitted to burn outdoors on residential leased property in the Park. 9.4 Any person wishing to use CSA approved fireplace units as described in 9.3, above, must apply for and obtain a permit from the Park Office at a fee as stated in Schedule 5 of the Fees, Fines and Charges Bylaw No Upon application for permit, an inspection by the Cultus Lake Park Fire Department is required to meet mandatory standards for safety. Inspection costs are as outlined in Schedule 5 of the Fees, Fines and Charges Bylaw No Permits are to be maintained on the premise and must be produced upon request of authorized Cultus Lake Park staff. 12

17 9.5 Inspections can be booked through the Park Office. If a re-inspection is required, a charge as stated in Schedule 5 of the Fees, Fines and Charges Bylaw No will be administered. 9.6 The only material permitted to be burned in approved fire units, with the exception of those units as approved in 9.3, is untreated wood. 9.7 Barbeque units are prohibited on wharves, within the foreshore, and beach areas. 9.8 Dumping of charcoal, coal, or briquettes is prohibited other than in designated containers. Dumping in any other area will result in a fine as per Schedule 5 of the Fees, Fines and Charges Bylaw No Fire Bans 9.9 For the safety of the public and protection of property and natural resources, it is prudent to prohibit open burning from time to time and when certain weather and other conditions heighten the threat of forest and other wild fires The CAO is the Park Board official authorized to and responsible for instituting and/or lifting fire bans within Cultus Lake Park by the following: (a) (b) This authority to institute and/or lift a fire ban, within Cultus Lake Park, is at the sole discretion of the CAO or the CAO s authorized designate. The CAO will consult with the Chief of the Cultus Lake Park Volunteer Fire Department for the placing or removal of fire bans. In exercising this authority, the CAO may consider, among other things: Consecutive days of heat without precipitation; i. Provincial guidelines and fire restriction regulations; ii. iii. iv. An unconfined fire within the Park or immediate area that may spread; A hazardous materials incident involving the spill or release of a flammable substance within the Park or immediate area; and Any other set of circumstances deemed by the CAO to warrant a ban. (c) (d) A fire ban will prohibit all open flame including candles, tiki torches, wood fires, decorative propane fires and any other open flame not used for cooking. The use of hibachis, charcoal, coal, briquettes, and any type of container is prohibited. A fire ban will not include cooking appliances such as properly operated natural gas or propane barbecues and camping stoves. The public will be notified of a fire ban by: i. A banner erected on posts located adjacent to Columbia Valley Highway near the Rental Cabins; 13

18 ii. iii. iv. A banner erected at the entrance to Sunnyside Campground; A banner erected on the exterior face of the Main Beach washroom building; A sign posted on the notice board outside the Recreation Hall building within Sunnyside Campground; v. A sign erected on Lakeshore Drive near the Westside parking lot/across from the Community Hall building; vi. vii. viii. A notice given to all campers at time of check-in to Sunnyside Campground; A notice delivered to the operator of the convenience store within Sunnyside Campground, advising that the sale of fire wood is prohibited during a fire ban; and Any other means as directed by the CAO. MATERIALS PROHIBITED FROM BURNING INCLUDE BUT ARE NOT LIMITED TO: GARBAGE RUBBER, PLASTICS, HAZARDOUS MATERIALS, TREATED, PAINTED OR STAINED WOOD, AND/OR PETROLEUM PRODUCTS NOT EXPRESSLY APPROVED IN THIS SECTION TREE MAINTENANCE AND REPLACEMENT 10.1 Schedule 5 of the Fees, Fines and Charges Bylaw No contains a scale of fees payable in respect to charges of this Bylaw Schedule H contains the Tree Maintenance and Replacement Application Procedure Schedule I contains the Approved Replacement Tree List. Application Procedure 10.4 All applications for tree maintenance or replacement will be individually reviewed by the Manager of Community Services Preservation of trees indigenous to the Park will be a priority Trees that present a hazard to person(s) or property and which are on Park land will be evaluated by the Manager of Community Services. If the tree(s) are removed, replacement will be in accordance with the Tree Maintenance and Replacement Application Procedure Topping of trees not previously topped is not permitted. 14

19 10.8 Tree maintenance on leased land, carried out as a result of an approved Tree Maintenance and Replacement Application, will be the financial responsibility of the applicant and will be in accordance with the Tree Maintenance and Replacement Application Procedure For every living tree (with a diameter in excess of 10 centimetres) removed at a leaseholders request within the boundaries of the Park in accordance with the Tree Maintenance and Replacement Application Procedure and with the approval of the Manager of Community Services, one (1) sustainable tree must be planted, by Park staff, within the boundaries of the Park. If the leaseholder wishes for the tree to be placed on the leasehold property, the Park will purchase the tree from the Approved Replacement Tree List at the leaseholder s discretion; and the applicant shall be responsible for planting and all costs associated with planting and delivery of the tree In accordance with the Tree Maintenance and Replacement Application Procedure, a deposit as set out in Schedule 5 of the Fees, Fines and Charges Bylaw No must accompany the Tree Maintenance and Replacement Application to cover costs of Park staff time, equipment use, and potential Park property damage, with the remainder of the deposit being refundable upon satisfactory completion of work determined by the Manager of Community Services or designate Cleanup of debris/clippings resulting from any pruning or approved removal of trees shall be the responsibility of the leaseholder. Tree Management Practices and Procedures Application for maintenance work on trees on Park land will be accepted from any leaseholder. The application will be submitted to the Manager of Community Services, who will make every effort to achieve a mutually agreeable treatment of the subject trees. If the application is for trees that are on leased land, all costs will be borne by the leaseholder. In cases of dispute or disagreement, the applicant may appeal to the CAO. If the dispute or disagreement cannot be resolved with the CAO, further appeal may be made to the Board Application for the cutting down of trees as necessary for construction of a dwelling and/or lease lot services will be evaluated, with the objective of saving as many trees as possible, by the Manager of Community Services or designate and will be in accordance with the Tree Maintenance and Replacement Application Procedure. Replacement of Dangerous Trees on Leaseholder Property If it is determined by the Manager of Community Services that the tree is dangerous, the applicant at their sole cost will be permitted to remove the tree. A replacement tree will be provided by the Park at no cost to the applicant; however the applicant will be required to plant the tree. If it is determined by the Manager of Community Services that the tree cannot be planted on the applicant s leased property, it will be planted elsewhere in the Park at the discretion of the Manager of Community Services If it is determined by the Manager of Community Services that there are dangerous trees on leasehold property, the Manager of Community Services may require the leaseholder to remove the dangerous tree at the sole cost of the leaseholder. 15

20 Multiple Tree Removal Under certain conditions, applicants may be granted permission to remove more than one tree for development purposes, providing that: (a) The tree on a development site is located within the building envelope; (b) The tree is located such that a proposed garage or other accessory building cannot be located so as to retain the tree. (c) An accredited plumber certifies that the roots of the tree are directly interfering with, or blocking, sewer or drainage systems; (d) An arborist certifies the tree is dead, dying, or hazardous; (e) An arborist certifies that the tree is directly interfering with utility wires and cannot be pruned and still maintain its reasonable appearance or health The Cultus Lake Park 14 lot subdivision on Fir Street and 2nd Avenue is grandfathered from section of this Bylaw For any future developments, the developer will be required to provide the Building Inspector with a tree removal and retention plan for consideration. No trees from a future development site are permitted to be removed until a tree removal and retention plan has received approval from the Building Inspector ENFORCEMENT, PENALTY AND COMPLIANCE ORDERS Enforcement 11.1 All fees, penalties, and charges outlined in this Bylaw are outlined in Schedule 5 of the Fees, Fines and Charges Bylaw No The provisions of this Bylaw may be enforced by the CAO, R.C.M.P, Bylaw Enforcement Officer If, in the opinion of the CAO or designate, the leaseholder of leased land or other responsible person fails to comply with a requirement of this Bylaw, the CAO (or designate) may issue a compliance order requiring that the leaseholder or other responsible person bring the leased land into compliance with the provisions of this Bylaw within such time as the CAO (or designate) considers appropriate in the circumstances If the leaseholder of leased land or other responsible person fails to comply with the compliance order within the time period specified in such notice, the Board, by its workers or others, may at all reasonable times and in a reasonable manner, enter the leased land and bring about such compliance at the cost of the defaulting leaseholder or other responsible person. Such costs shall consist of all costs and expenses incurred by 16

21 the Board to achieve compliance with this Bylaw including, without limitation, administrative costs, costs to attend property by Park employees or its contractors and the costs of removal, clean up and disposal If a leaseholder of leased land or other responsible person defaults in paying the cost referred to in Section 11.3 to the Board within 30 days after receipt of a demand for payment, the Board may either recover from the leaseholder or other responsible person, in any court of competent jurisdiction, the cost as a debt due to the Board, or direct that the amount of the cost be added to the Residential leaseholder Lease Account as a charge imposed in respect of work or service provided to the leased land of the leaseholder, and be collected in the same manner as lease fees Service of a compliance order referred to in Section 11.2 will be sufficient if a copy of the order is: (a) (b) served personally or mailed by Registered mail to the leaseholder of the leased land as shown on the current year s Residential leaseholder Registry; and either posted on the leased land or delivered to the occupier of the leased land. Penalty 11.7 Every person who contravenes or violates any provision of this Bylaw, or who suffers or permits any act or thing to be done in contravention or in violation of any provision of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any provision of this Bylaw, commits an offence and, upon conviction, will be subject to the applicable fines and penalties as set out in applicable Schedules that form parts of this Bylaw. Where the offence is a continuing one, each day the offence continues shall be a separate offence Any offence as stated in any section of this Bylaw not covered in the Schedules will be subject to a $50.00 fine. Repeat Nuisance Service Calls 11.9 Schedule 5 of the Fees, Fines and Charges Bylaw No contains the list of fees and voluntary fines as described in Section 11.0 of this Bylaw Where a member of the R.C.M.P., a Bylaw Enforcement Officer or other Cultus Lake Park staff is required to respond to leased property for: (a) more than one nuisance service call within a twenty-four (24) hour period; or (b) more than three nuisance service calls within a twelve (12) month period; the leaseholder of the leased land shall be liable to pay an Excessive Nuisance Abatement Fee in accordance with the amounts prescribed in Schedule 5 of the Fees, Fines and Charges Bylaw No for each additional nuisance service call responded to at the same leased land within the twelve (12) month period following the date of the notice referred to in Section

22 11.11 Despite Section 11.9, where legal title to a leased land is transferred, nuisance service calls made before the date that the new leaseholder obtains legal title to the leased land shall not apply to a determination under Section 11.9 of whether Excessive Nuisance Abatement Fees are payable. The Board will not approve any lease transfer until all fees and fines have been paid in full Before imposing an Excessive Nuisance Abatement Fee, written notice shall first be provided to the leaseholder of the leased land: (a) (b) describing in reasonable detail the nature of the nuisance conduct, activity or condition that occurred, or was maintained or permitted in, on or near the leased land; and advising the leaseholder that Excessive Nuisance Abatement Fees will be imposed for each additional nuisance service call to the same leased land and that the imposition of such fees is in addition to the Board s right to seek other legal remedies or actions for abatement of the nuisance Service of the notice referred to in 11.5 will be sufficient if the notice: (a) (b) in the case of service on an individual, is served personally or mailed by prepaid registered mail to the address of the leaseholder shown on the current year s Residential leaseholder Registry for the leased land for which the notice is issued; in the case of service on a corporation, is served personally on a director, officer or manager of the corporation or by leaving it at or mailing it by prepaid registered mail to the registered office of the corporation Excessive Nuisance Abatement Fees shall be paid by the leaseholder on receipt of an invoice from Cultus Lake Park. If the amount of each invoice is not paid in full before the 31 st day of December in the year received, on written notice to the leaseholder, the amount shall be added to and form part of the lease fees on the leased land, as fees in arrears A leaseholder may, within 30 days of receipt of an invoice demanding payment of Excessive Nuisance Abatement Fees, require that the Board reconsider the requirement to pay, or the amount of, the Excessive Nuisance Abatement Fees, at which time the leaseholder of the leased land shall have an opportunity to be heard by the Board. Payment of Fine Each such leaseholder, owner or operator may, within seven (7) business days of the time when such notice is provided to such vehicle or person, pay voluntarily to the Park as a penalty for and in full satisfaction of such violation, the minimum penalty fee (subject to 11.18) as set forth in the applicable Schedule that forms part of this Bylaw. The failure of such leaseholder, owner or operator to make such payment within the said business days shall render such owner or operator subject to the penalties hereinafter provided for violation of the provisions of this Bylaw. 18

23 11.17 Payment of a fine for a Bylaw violation notice as set out in the applicable Schedule that forms part of this Bylaw may be made in person at the Visitor Services Building or the Park Office during regular business hours, or by depositing the payment together with notice in the mail slot at the Park Office, or by mail In the event of a leaseholder not paying a fine within thirty (30) days, it will be added to the next lease payment, including applicable late payment fees The payment of a Bylaw violation notice pursuant to this Bylaw as received by the Park within seven (7) business days of the date of issue, the penalty shall be reduced by 50%. Right to Dispute Any person issued a Bylaw violation notice pursuant to this Bylaw may appeal first to the Manager of Community Services in writing within seven (7) business days from the date the notice was issued, and who shall review and decide upon the appeal. A further appeal may be made to the CAO within seven (7) business days from the date of notification of appeal decision by the Manager of Community Services. (a) Any person wishing to appeal a Bylaw Violation not pursuant to this Bylaw may appeal to the Cultus Lake Park Board subject to advance payment of an administration fee as stated in Schedule 5 of the Fees, Fines and Charges Bylaw No which will be refunded if the appeal is successful. If the fine for violation is upheld, the administration fee will not be returned and the violation amount is payable immediately SEVERABILITY 12.1 In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Bylaw, but this Bylaw shall be constructed as if such invalid, illegal, or unenforceable provisions had never been contained herein REPEAL 13.1 The following Bylaws and all amendments thereto are hereby repealed: (a) General Regulations Bylaw No. 1008, 2011 (b) Licensing and Dog Control By-Law, 1999 (c) Fire Regulations Bylaw 1968" 19

24 READ A FIRST TIME THIS 10 th DAY OF JULY, 2013 READ A SECOND THIS 10 th DAY OF JULY, 2013 READ A THIRD TIME THIS 10 th DAY OF JULY, 2013 ADOPTED THIS xx th DAY OF JULY, 2013 CHAIR CORPORATE OFFICER 20

25 SCHEDULE A Attached to and forming part of Bylaw No Schedule A applies to the entirety of this Bylaw, unless the context otherwise requires. Advertisements means circulars, pamphlets, handbills, and papers, and does not include newspapers or notices issued by the Park; Board means the elected Board for the Park; Building Inspector a position as appointed by the CAO; Bylaw Enforcement Officer means the persons duly appointed by the Board as such, and shall include any Peace Officer or Park Patrol member; CAO means the Chief Administrative Officer; a position appointed by the Board compliance order means a notice served upon a person by Bylaw Enforcement Officer or Park Patrol Officer for non-compliance of a Bylaw, regulation, or order; Excessive Nuisance Abatement Fees include, but are not limited to the following costs and expenses incurred while responding to a nuisance service call for the purpose of abating nuisance conduct, activity or condition: (1) the cost of police and Park staff salaries, including all fringe benefits; (2) the cost of using fire and Park equipment and vehicles; (3) the administration costs incurred by the Park in responding to a nuisance service call and abating a nuisance; and (4) the cost of repairs to damaged Park equipment, vehicles or property. firearm means a rifle, pistol, shotgun, or crossbow and includes air guns, air rifles, air pistols, and spring guns; grass shall include plants that are commonly known or referred to as grass; highway means any street, roadway, laneway, sidewalk, boulevard, place or right of way which the public is ordinarily entitled or may be permitted to use for the passage of vehicles or pedestrians and includes a structure located in any of those areas; laneway means a public thoroughfare or way which affords only a secondary means of access to a lot at the side or rear; litter means any garbage discarded in an open or public area, and shall include household waste, decaying or non-decaying solid and semi-solid wastes, including, but not limited to, both combustible and non-combustible wastes, such as paper, trash, refuse, cardboard, waste material, cans, glass, bedding, mattresses, crates, rags, barrels, boxes, lumber not neatly piled, scrap iron, tin and other metal, scrap paving material, tool sheds, construction and demolition 21

26 waste, derelict vehicles and other vessels, tires, batteries, machinery, mechanical or metal parts, discarded or dilapidated appliances, discarded or dilapidated furniture, ashes from fireplaces and on-site incinerators, yard clippings and brush, wood, dry vegetation, dirt, weeds, dead trees and branches, stumps, and piles of earth mixed with any of the above; leased land means land, with or without improvements so affixed to the land as to make them in fact and in law a part of the leased land, and includes, as the context requires, individual premises located on the leased land; leaseholder means a person(s) having a current and valid lease with the Cultus Lake Park Board; Manager of Community Services means the person duly appointed by the Chief Administrative Officer; noxious weed means any weed designated by regulation to be a noxious weed pursuant to the British Columbia Weed Control Act; nuisance means anything that annoys, irritates, disturbs or interferes with a person s use or enjoyment of private or public property or is offensive to the senses or causes injury to health, comfort or convenience of any person; nuisance service call means a Park staff member or police response to and abatement of any nuisance or other activity, conduct or condition occurring on or near leased land which substantially and unreasonably interferes with another person s use and enjoyment of a private or public area or of leased land occupied by that person, or which causes injury to the health, comfort or convenience of an occupier of leased land and which is caused by or arises from a person s failure to comply with the requirements of this Bylaw; owner means a person in possession or operation of a motor vehicle, boat, or ancillary or related equipment; Park means the area within the Park boundaries as outlined in the Cultus Lake Park Act. 1932, including Sunnyside Campground, and the Foreshore assigned to the Park by the Province of British Columbia; Park staff means any person employed by Cultus Lake Park; Peace Officer has the same meaning as in the British Columbia Interpretation Act; person includes a natural person, a company, corporation, partnership, firm, association, society, or party and the heirs, executors, administrators, occupier or tenant of leased land, personal or other legal representatives of a person to whom the context can apply according to law; however does not apply to Park staff fulfilling or carrying out duties and responsibilities; public areas means any street, laneway, avenue, way, drive, boulevard, sidewalk, driveway, foreshore, beaches, wharves, school ground, or such premises as the Board may from time to time designate. secondary temporary accommodation means a trailer or recreational vehicle, on skids or wheels;

27 tree means a member of any evergreen or deciduous species having one or more selfsupporting trunk(s) and including the roots, branches, trunk, crown, or any part thereof; unsightly, in addition to its common dictionary meaning and regardless of the condition of other properties in the neighborhood, shall include property having any one or more of the following characteristics: (i) (ii) (iii) the storage, location or accumulation visible to a person standing on a public highway or on nearby property, or in a building or structure situated on a public highway or nearby property, of filth, litter, graffiti or any other discarded materials; the untidy storage, location or placement of building materials on a site where construction is not taking place, except where they cannot be seen from a public highway or from nearby property, or from a building or structure situated on a public highway or nearby property; landscaping or vegetation that is dead or characterized by uncontrolled growth or lack of maintenance, or is damaged; (iv) any other similar conditions of disrepair, dilapidation, or deterioration; (v) any unlicensed or unregistered vehicles in a state of disrepair or disassembly. vehicle means a device in, on or by which a person or thing is or may be transported or drawn on a highway, but does not include a device designed to be moved by human power, a device used exclusively on stationary rails or tracks or a motor assisted cycle, and for the purpose of this Bylaw shall include boat or other trailers; and shall include the meaning designated to a vehicle in the British Columbia Motor Vehicle Act; wharves or wharf means a structure extending alongshore or out from the shore into the Cultus Lake Park foreshore.

28 SCHEDULE B Attached to and forming part of Bylaw No Schedule B applies to Section 4.0 Street Nuisances of this Bylaw, unless the context otherwise requires: automated teller machine means a device linked to a financial institution s account records which is able to carry out transactions, including, but not limited to, account transfers, deposits, withdrawals, balance inquiries, and mortgage and loan payments; bus stop means a section of street which is reserved for the loading and unloading of buses and where parking and stopping of all other vehicles is prohibited; panhandle means to beg for, or without consideration, ask for money, donations, goods or other things of value whether by spoken, written or printed word or bodily gesture for one s self or for any other person but does not include soliciting where approved by the Board.

29 SCHEDULE C Attached to and forming part of Bylaw No Schedule C applies to Section 5.0 Noise Regulation of this Bylaw, unless the context otherwise requires: "mobile public address system" means a public address system that can be used or is used while mounted on a motor vehicle, trailer or such other device transported or moved by human power; "public address system" means a sound amplification system, either by megaphone or electronically, used outdoors to disseminate the spoken word and/or music to the public in general, and includes outdoor sound amplification systems used for purposes of a performance, concert, exhibition or entertainment, but does not include systems used for internal communications in schools and businesses. special event permit means any public show, exhibition, carnival or performance or gathering of any particular kind, or any public show, exhibition, carnival or performance approved by the Board.

30 SCHEDULE D Attached to and forming part of Bylaw No Schedule D applies to Section 6.0 Dog Control and Licensing of this Bylaw, unless the context otherwise requires: blind person means a person who is registered as blind with the Canadian National Institute for the Blind or who is in receipt of a pension on account of blindness under the Old Age Pension Act and the Old Age Pension Act of Canada or who is certified by a duly qualified medical practitioner or by an optometrist registered under the Optometry Act as having not more than 6/60 vision according to Snellen s Chart in the better eye after correction with glasses; designated dog areas means any area in Cultus Lake Park, which is specifically signed to indicate that particular rules re: owner s responsibility and control of dogs apply to that area (e.g. public recreation areas, trails, etc.); dog shall mean any animal of the canine species; dog play zone means the septic field situated between the Plaza and the maintenance yard is designated as a Dog Run or Play Area. (See map Schedule F ); dog swim zone means areas so designated and signed by the Park from time to time; dog feces means excrement of a dog; impounded shall mean when a dog is seized, delivered, received or taken into the pound, or in the custody of the Pound Keeper; magistrate means an official conducting a court for minor cases and preliminary hearings; owner includes any person who owns, has in their custody or control, or harbors any dog, or is an occupant of a leased premise of where a dog is kept; pound means the facilities established, maintained, and operated or other facilities designated for the confinement and care of impounded dogs; Pound Keeper shall mean the person appointed from time to time by the Park for the purpose of enforcing and carrying out the provisions of this Bylaw and shall include any Assistant Pound Keeper, Bylaw Enforcement Officer, as so appointed; Receptionist means the Receptionist for the Cultus Lake Park Office. Service dog means any dog that has been officially certified as such by a government agency.

31 SCHEDULE E Attached to and forming part of Bylaw No Schedule E applies to Section 6.0 Dog Control and Licensing of this Bylaw, unless the context otherwise requires: Dog Specific Areas: A) NO DOGS: Public Recreation Areas (See Map Schedule J ) B) DOGS ON LEASH: All public areas C) DOGS OFF LEASH UNDER CONTROL Dog play zone/areas Dog swim zone/areas

32