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Bylaw No. 2456-2015

Parks Bylaw, 2016

Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 2570-2016, 3047-2020, 3063-2020 and 3055-2020. Last amended October 05, 2020

Contents
 1 Citation
 2 Interpretation
 3 Damage to Parks
 4 Climbing fences
 5 Depositing waste
 6 Selling
 7 Fireworks
 8 Birds/animals
 9 Games
 10 Parades/assemblies
 11 Animals at large
 12 General prohibition - dogs
 13 General prohibition
 14 Erecting structures
 15 Obstructing driveways
 16 Removing obstructions
 17 Curfew / camping
 18 Other regulations
 19 Proper equipment to be used
 20 Damaging courts
 21 Tournaments
 22 Fees to be paid in advance
 23 Swimming regulations
 24 General regulations
 25 Boating regulations
 26 Traffic regulation
 27 Stopping when directed
 28 Employee and utility vehicles permitted
 29 Parking at night
 30 Permitting considerations
 31 Repealed
 32 Repeals bylaw
Schedule "A"
Schedule "B"
Schedule "C"
Schedule "D"
Schedule "E"
Schedule "E1"
Schedule "E2"
Schedule "E3"
Schedule "E4"
Schedule "E5"

WHEREAS Abbotsford Council is empowered under the Community Charter, S.B.C., 2003, Chapter 26, PART 2, Division 1, by bylaw, to regulate, prohibit and impose requirements in relation to the management, maintenance, improvement, operation, control and use of property held by the City as Park;

AND WHEREAS the City deems it appropriate and necessary to enact the following regulations to protect, maintain and enhance its Parks, protect and promote the safety and experience of members of the public who use Parks, avoid conflicts in the use of space in Parks, and the protect and enhance the environmental and natural conditions of Parks;

AND WHEREAS the City holds certain property for pleasure, recreation, or community uses of the public;

NOW THEREFORE, the Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:

READ A FIRST TIME on June 29, 2015 READ A SECOND TIME on June 29, 2015 READ A THIRD TIME on June 29, 2015 RESCIND FIRST READING on January 25, 2016 RESCIND SECOND READING on January 25, 2016 RESCIND THIRD READING on January 25, 2016 REREAD A FIRST TIME ON January 25, 2016 REREAD A SECOND TIME ON January 25, 2016 REREAD A THIRD TIME ON January 25, 2016 ADOPTED on February 1, 2016

Citation

1   Bylaw No. 2456-2015 may be cited as "Parks Bylaw, 2016".

Interpretation

2   (a) Schedule "A" contains definitions of terms used in this Bylaw and where not defined are interpreted consistently with the Community Charter and the Local Government Act.

(b) A reference to any statute, regulation or Bylaw refers to that enactment as it may be amended or replaced from time to time.

(c) Words in the singular include the plural and gender specific terms include both genders and include corporations.

(d) The headings in this Bylaw are for convenience only and must not be construed as defining or in any way limiting the scope or intent of this Bylaw.

(e) If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the invalid part is severed and the remainder continues to be valid.

Damage to Parks

3   (a) No person may

(i) cut, pick, gather, break, injure, or in any way destroy or damage or deface any tree, shrub, plant, turf or flower, or any building, structure, fence, sign, seat, bench, or ornament of any kind in any Park;

(ii) in any way damage, disturb, deface, or otherwise interfere with any Environmental Sensitive Area (ESA);

(iii) in any way damage, disturb, deface or interfere with any Natural Watercourse, pool or Body of Water; or

(iv) injure, deface, or destroy any notices, rules, or regulations posted in a Park by order or permission of the General Manager.

(b) A person who is found responsible for causing or allowing a breach under subsection (a), in addition to any penalties or fines imposed for a violation of this Bylaw, must compensate the City for any remedial and restoration costs and expenses incurred by the City.

(c) Subsection (a) does not apply to a City employee or contractor performing their work or contractual obligations on behalf of the City.

B/L 3047-2020

Climbing fences

4   No person may climb, walk, or sit upon any wall, fence, or other structure in any Park, or cross, travel, or use any grass plot or land where signs have been posted forbidding such use.

Depositing waste

5   (a) A person must not deposit any waste or other substance of any kind in or upon any Park except in the receptacles provided for such purposes.

(b) A person must not deposit household or commercial waste in the receptacles provided under subsection (a).

B/L 3047-2020

Selling

6   No person may sell or expose for sale any refreshment, article, thing, service or program in any Park without having first entered into a written agreement with the City.

Fireworks

7   No person may carry or discharge fireworks of any description in any Park, unless authorized by a Permit issued under the City's Fireworks Bylaw, 2005.

Birds/animals

8   No person may molest, disturb, frighten, injure, trap, feed or snare any bird or animal in any Park. Notwithstanding this Section, the Council, or any officer, employee, or agent of the City, may, with the prior consent of the Minister of Environment, scare by use of a cannon or similar device, trap, remove, or shoot any bird or animal, or addle any egg in any Park.

Games

9   No person may play any game whatsoever in, or on, any portion of any Park, except upon, or in such portion thereof, as may be specifically allotted, designed, and provided for such purposes; and under such rules and regulations, and at such times as prescribed by the General Manager and, without limiting the generality of the foregoing, no person may:

(a) play golf or strike a golf ball;

(b) fly or operate any radio controlled motor-driven airplane, car, truck or other vehicle;

(c) shoot an arrow or practice archery; or

(d) take part in any ball games.

except in areas designated for such activities.

Parades/assemblies

10   Repealed.

B/L 3047-2020

Animals at large

11   (a) No person, as owner or having the control of any animal or fowl, may suffer or permit such animal or fowl to run at large in, or feed upon, any Park.

(b) Except in the Parks, as set out in Schedule "B", no person may suffer or permit a dog to enter or remain in a Park, except when the dog is on a leash.

(c) Despite Subsection (a) and (b), a person that is authorized under a valid and existing permit issued by Environment Canada, Canadian Wildlife Service, and authorized by the General Manager, to assist in regulating the presence of Canada Geese in any area, may permit a dog to enter or remain off a leash only for the purposes of, and in accordance with the requirements and restrictions of such permit.

General prohibition - dogs

12   (a) Dogs, except Service Dogs, are prohibited from all fenced sports fields, fenced sports courts, playgrounds, outdoor fitness stations, spray parks, Youth Parks, civic fountains, public beaches and other Parks or Park facilities, as set out in Schedule "C".

(b) No person may suffer or permit a dog, except a Service Dog, to enter or remain in any such Park or Park facility.

B/L 3047-2020

General prohibition

13   No person may, within any Park:

(a) obstruct the free use and enjoyment of any Park by any other person;

(b) violate any bylaw, rule, regulation, posted notice, or command of the Council or a person in control of, or maintaining or supervising, any Park; or

(c) urinate or defecate in or on a Park except in a provided public or private toilet facility; and

in addition to any other penalty under this Bylaw, any person who violates this Section may be removed from the Park.

Erecting structures

14   (a) Subject to Section 14 (b), no person may erect, construct, or build, or cause to be erected, constructed, or built, in or on any Park any tent, building, shelter, pavilion, or other construction whatsoever without the prior written permission of the Council. In determining whether to grant permission, Council may consider the matters set out in Section 30.

(b) Notwithstanding Section 14 (a), where there is no accessible shelter accommodation available in the City, a Homeless Person may, without the prior written permission of the Council, as set out in Section 14 (a), erect and occupy a Temporary Shelter in a Park, except in those Parks listed in Schedule "E" to this Bylaw, between the hours of 7:00 p.m. on one day and 9:00 a.m. of the following day, provided that the Homeless Person:

(i) not erect the Temporary Shelter until after 7:00 p.m. on one day;

(ii) take down and remove the Temporary Shelter from the Park prior to 9:00 a.m. of the following day;

(iii) comply with all other provisions of this Bylaw;

(iv) not erect the Temporary Shelter in, on or within:

(A) playgrounds, spray parks or pools;

(B) horticultural display areas or ornamental gardens;

(C) skateboard bowls, tennis courts or other sports courts;

(D) sports fields, stadiums or dugouts;

(E) stages or bleachers;

(F) washroom facilities, picnic shelters, or gazebos;

(G) areas of a Park that have otherwise been issued a permit pursuant to this Bylaw;

(H) recreation facilities;

(I) cemeteries;

(J) golf courses; or

(K) pathways, bridges, docks or wharfs.

(c) The Council, or any officer, employee, or agent of the City may, in addition to any other authority granted under this Bylaw, remove or cause to be removed from any Park any Temporary Shelter that is not in compliance with this Bylaw, including any possessions, wastes, and other incidental materials.

B/L 3047-2020

Obstructing driveways

15   No person may, in any Park:

(a) use, occupy, or travel along or upon any driveway in such a manner as to obstruct or to cause an obstruction;

(b) interfere with any other person or traffic lawfully using a driveway; or

(c) encumber or obstruct, or cause to be encumbered or obstructed in any manner whatsoever, any driveway without the prior written permission of the General Manager. In determining whether to grant permission, the General Manager may consider the matters set out in Section 30.

Removing obstructions

16   The Council, or any officer, employee, or agent of the City:

(a) may remove, or cause to be removed, from any Park any obstruction, vehicle, or thing placed therein or thereon contrary to the provisions of this Bylaw, at the expense of the owner, contractor, or other person responsible for such obstruction, vehicle, or thing; and

(b) is hereby empowered to carry out every lawful act required under the circumstances to have any such obstruction removed in the shortest possible time, and to hold any article or thing causing such obstruction until the expense of the removal has been paid.

Curfew / camping

17   Subject to Section 17 (c), no person may:

(a) enter, occupy, or be present in any Park at any time between one hour after sunset on one day and one hour before sunrise the following day, with the exception of any of the outdoor Park facilities with lights, as set out in Schedule "B", while such facility is open for use and the lights operating; or

(b) take up temporary abode or camp overnight in or on any parts of a Park without the prior permission of the General Manager. In determining whether to grant permission, the General Manager may consider the matters set out in Section 30.

(c) Notwithstanding Section 17 (a) and  17 (b), where there is no shelter accommodation available in the City, a Homeless Person may, without the prior written permission of the General Manager, as set out in Section 17 (b), take up temporary abode or camp in a Park, except in those Parks listed in Schedule "E" to this Bylaw, between the hours of 7:00 p.m. on one day and 9:00 a.m. of the following day, provided that the Homeless Person:

(i) not commence taking up temporary abode or camping until after 7:00 p.m. on one day;

(ii) cease taking up temporary abode in the Park and camping in the Park prior to 9:00 a.m. of the following day;

(iii) comply with all other provisions of this Bylaw;

(iv) not take up temporary abode or camp in, on or within:

(A) playgrounds, spray parks or pools;

(B) horticultural display areas or ornamental gardens;

(C) skateboard bowls, tennis courts or other sports courts;

(D) sports fields, stadiums or dugouts;

(E) stages or bleachers;

(F) washroom facilities, picnic shelters, or gazebos;

(G) areas of Parks that have otherwise been issued a permit pursuant to this Bylaw;

(H) recreation facilities;

(I) cemeteries;

(J) golf courses; or

(K) pathways, bridges, docks or wharfs.

Other regulations

18   No person may, in any Park:

(a) hinder or interrupt, or cause to be hindered or interrupted, the Council, or any officer, employee, agent of the City, peace officer or ambulance attendant, in the exercise of any of the powers and authorities vested in the Council by authority of the Community Charter or this Bylaw;

(b) let off or discharge any water from or out of any body of water or hydrant connected with any Park;

(c) throw or deposit any matter into any body of water, pool, or other receptacle for water connected with any Park, on the beaches, or upon the ice in case any such water is frozen; or commit or damage or injury to the works, pipes, or water in connection with any Park;

(d) post, paint, distribute, display or deliver any handbills, circulars placard, notice, paper, advertising device, or publicity matter of any kind without the written consent of the General Manager, except as follows:

(i) at such locations as may be designated by the General Manager; or

(ii) where notices are posted by the City;

(e) place upon the ground any lighted match, cigar, cigarette, or other burning substance; or

(f) light or place fuel on an open fire except in accordance with Part 5 [Open Fires] of the Fire Service Bylaw.

B/L 3055-2020

Proper equipment to be used

19   No person may:

(a) play any game on any tennis court or sports court located in any Park, unless wearing appropriate non-marking footwear and using the requisite equipment for such game;

(b) notwithstanding Section 17 (a) enter, occupy, or be present on any tennis/sports court, running track, or other facility intended for a specific recreational activity in any Park at any time, except between one hour before sunrise and one hour after sunset on any given day, unless lighting is provided and operating, and under such rules and regulations as prescribed by Council;

(c) propel, coast, ride or in any other way use a skateboard, inline skates, scooter, or bicycle in any Youth Park, unless properly wearing a Safety Helmet, except if:

(i) the wearing of a Safety Helmet would interfere with an essential religious practice; or

(ii) that person is in possession of, and produces on request, a valid and subsisting certificate issued by a medical practitioner certifying that the person is for the period stated in the certificate, unable for medical reasons to wear a Safety Helmet; and

(d) as a parent or guardian of a person under the age of 16 years, authorize or knowingly permit that person to propel, coast, ride or in any other way use a skateboard, inline skates, scooter, or bicycle in a Youth Park, unless properly wearing a Safety Helmet or is exempted from such requirement under Section 19 (c) (i) or (ii).

Damaging courts

20   No person may:

(a) willfully, maliciously, or carelessly damage or destroy any court, green, grounds, or lawns located in any Park.

(b) play any game on any tennis court or bowling green unless the person is wearing rubber soled shoes with low heels, and is otherwise suitably equipped with the normal appliances for such games; and may only play at such times and during such seasons as the rules and regulations of the City permit.

Tournaments

21   No tournament or series of games may be played in any Park or on any court, green, grounds, or lawn in any Park by any person, group or persons, organization, or club, without the written permission of the General Manager. In determining whether to grant permission, the General Manager may consider the matters set out in Section 30.

Fees to be paid in advance

22   All fees and other charges imposed or designated from the use of any Park, or any portion of any Park, as set out in the City's Fees and Charges Bylaw, 2006, are payable before the commencement of any game, business, program or activity.

Swimming regulations

23   No person may, in, or adjacent to, any Park:

(a) enter any body of water or pool without being properly clothed in a bathing attire;

B/L 3047-2020

(b) enter any body of water or pool if such person is suffering from any contagious or communicable disease;

(c) disobey any order of any person having the management or control of any beach, body of water, or pool, or the command of any lifeguard or other person in charge of any beach, body of water, or pool; or

(d) permit the swimming of any animal in any Body of Water or pool, unless otherwise posted.

B/L 3047-2020

General regulations

24   No person may, in any Park:

(a) undress or dress in, or adjacent to, any beach, body of water, or pool, except in the places specifically provided for such purposes;

(b) play ball or any game so as to disturb or interfere with, or become a nuisance to, the general public on any beach or at any body of water or pool;

(c) interfere with, obstruct, impede, hinder, or prevent the discharge of the duties of any attendant, lifeguard, or any other person engaged in controlling, instructing, or overseeing swimming, aquatic sports, or games in or on any beach, body of water, or pool under that person's supervision or control;

(d) create any undue disturbance, congregation, or alarm that will cause or tend to cause panic, excitement, or any hazard, annoyance, or interference with swimmers in or on any beach, body of water, or pool;

(e) bring to any beach, body of water, or pool any dog, or be accompanied by or harbour a dog on any beach, or in or on any body of water or pool;

(f) bring to any beach, body of water, or pool adjacent thereto, any underwater spear or shooting device; or

(g) use in or on any body of water or pool any floating device which, in the opinion of the lifeguard, is considered unsafe or hazardous.

Boating regulations

25   (a) Except in the Parks and boating activities permitted, as set out in Schedule "D", boating is not permitted in any Park.

(b) Notwithstanding Section 25 (a), no person may use any boat, motor boat, sea sled, or other contrivance or thing in any Park where such will endanger, disturb, or otherwise interfere with the free use of the water for bathing and swimming purposes.

Traffic regulation

26   No person may, in any Park:

(a) ride or drive any horse or other animal, or drive or propel, or permit to be driven or propelled, any vehicle on any grass plot or other area other than on the respective bridle trails or driveway provided for such purposes;

(b) ride or drive any animal or vehicle on any driveway reserved for pedestrian traffic; however, wheelchairs, motorized scooters used by the physically challenged, and children's carriages may be allowed on such driveways to such an extent and in such a manner provided they do not interfere with the free use of such driveway by pedestrians;

(c) subject to the provisions herein contained, ride or drive any horse or other animal, or propel any vehicle at a rate of speed not consistent with safety, having due respect to all other traffic;

(d) operate, drive, or propel any advertising vehicle without the prior written consent of General Manager; or

(e) notwithstanding any other bylaw of the City, transport any load on any vehicle having a gross weight, including such vehicle, in excess of four and one-half tonnes along any roadway, or transport or haul any materials along or through any driveway; or deposit or removal any material or debris of whatsoever kind in, to, from, or within any Park without the prior written permission of the General Manager. In determining whether to grant permission, the General Manager may consider the matters set out in Section 30.

Stopping when directed

27   Every person having a horse, animal or vehicle in a Park must bring his or her horse, animal, or vehicle to a stop upon the request or signal from any person lawfully directing traffic.

Employee and utility vehicles permitted

28   The traffic regulations set out in Section 26 do not apply to the operation of vehicles by employees of the City, those under contract with the City or of any public utility company in the course of their duties, nor to drivers of vehicles making deliveries of goods or merchandise to refreshment places in a Park, insofar as such regulations would prohibit a direct approach to and from their respective destinations.

Parking at night

29   No vehicle may be parked in any Park at any time between one hour after sunset on one day and one hour before sunrise the following day without the prior written consent of Council or unless posted otherwise.

Permitting considerations

30   The following factors shall be considered by the Council in reviewing an application for a permit under this Bylaw:

(a) whether such activity will damage the Park;

(b) whether the proposed activity will or is likely to cause a hazardous or dangerous condition;

(c) the payment of applicable fees and charges, as set out in the Fees and Charges Bylaw, 2006; and

(d) the potential for conflicts with other persons using the Park.

Any person or group receiving any such permission is, at all times, subject to the conditions imposed and the provisions of this Bylaw in every respect; and the responsibility, at all times, is on the person or group receiving such permission to duly carry out all such conditions imposed, and to save harmless and protect the City from and against any and all claims, demands, suits, or compensation of whatsoever kind arising either directly or indirectly out of the permission granted.

Repealed

31   [Repealed, B/L 3063-2020.]

Repeals bylaw

32   City of Abbotsford Bylaw No. 160-96, cited as "Parks Bylaw, 1996", and all amendments, are hereby repealed.

Schedule "A"

Definitions

In this Bylaw, unless the context otherwise requires:

"Animal at Large" means an animal which is unrestrained or uncontained.

"Body of Water" includes a fountain, lake, river, stream, pond, well, spring, detention pond or reservoir located in a Park.

"City" means the City of Abbotsford.

"Council" means the council of the City.

"Driveway" includes a street, roadway, path or trail, and any way or thoroughfare set apart and improved by grading, gravelling, or other means for the use of pedestrians, vehicular, or animal traffic located in a Park.

"Environmental Sensitive Area (ESA)" means sites identified as areas that provide productive fish and wildlife habitat; contain sensitive, rare or depleted ecosystems and landforms; and represent sites of Abbotsford’s natural diversity that are in danger of disappearing.

B/L 3047-2020

"General Manager" means the General Manager of Parks, Recreation and Culture for the City or designate.

"Homeless Person" means a person who has neither a fixed address nor a predictable residence to return to on a daily basis.

"Natural Watercourse" means a natural channel where water flows between banks that are more or less defined. The flow of water does not need to be constant, but the channel must be a permanent landmark. The watercourse may also, at some point, spread over a level area without defined banks, before flowing again as a defined channel.

B/L 3047-2020

"Park" includes all public parks, playgrounds, cemeteries, Driveways in parks, beaches, swimming pools, recreation centres, golf courses, play fields, linear parks, trails for hiking, biking and riding, and all other lands that are under the custody, care, management, or jurisdiction of the City or the Fraser Valley Regional District or the Greater Vancouver Regional District (where such are located with the boundaries of the City). For greater certainty a Park does not include land that is defined as a "Highway" in:

(a) the Community Charter, S.B.C. 2003, c. 23; or

(b) the Street and Traffic Bylaw, 2006.

"Pool" includes a swimming pool, wading pool, or waterpark located in a Park.

"Safety Helmet" means a protective device intended to be worn on the head that must:

(a) have a smooth, rigid and durable outer surface;

(b) be constructed so that the helmet is capable of absorbing energy on impact;

(c) be strongly attached to a strap designed to be fastened under the chin of the person wearing it;

(d) be undamaged from use or misuse; and

(e) be Canadian Standards Association (CSA) approved.

"Service Dog" means a dog specially trained to support people living with visible and invisible disabilities in order to lead meaningful lives, and to participate in an inclusive society.

B/L 3047-2020

"Temporary Shelter" means a tent, lean to or other form of shelter that is temporary and portable in nature that is constructed from nylon, plastic, cardboard or other similar non-rigid material, and that covers an area of less than ten (10) square meters.

"Youth Park" means a facility or structure located in a Park, including Mouat Park and McMillan Park, designed and built for the recreational use of skateboards, longboards, scooters and bicycles.

"Vehicle" includes any device in, upon, or by which any person or property is, or may be, transported or drawn upon a driveway, irrespective of the mode of power.

Schedule "B"

Park Locations with Lights

1. Abbotsford Senior Secondary Artificial Turf Field

2. Berry Park Fields

3. Centennial Ball Diamond

4. DeLair Park Soccer Field # 2

5. DeLair Park Ball Diamond

6. DeLair Park Soccer Field # 1

7. DeLair Park Tennis Courts

8. Ellwood Park Ball Diamond # 1

9. Ellwood Park Ball Diamond # 2

10. Exhibition Park Ball Diamond # 1

11. Exhibition Park Ball Diamond # 2

12. Exhibition Park Ball Diamond # 3

13. Exhibition Park Ball Diamond # 4

14. Jubilee Park Tennis Courts

15. Matsqui Prairie Park Ball Diamond

16. McMillan Youth Park (Skate Park)

17. Mill Lake Ball Diamond

18. Mouat Artificial Turf Field

19. MRC Sports Complex

20. MSA Tennis Courts

21. Rotary Stadium

22. Townline Park Ball Diamond

23. Townline Park Soccer Field South

24. Upper Sumas North Soccer Field

25. Upper Sumas South Soccer Field

Schedule "C"

Dog Off-lease Areas

Parks

Location

1

Gladwin Park

West of Gladwin Road to Exhibition Park upper Parking lot at Old Riverside Road, under the hydro power lines

2

Sumas River Dyke Trail

East side of Sumas River, between Eldridge Road and McDonald Park

3

Stoney Creek / Bateman Park

Northeast area

4

McKay Creek Trail

West side of Sumas River, between Eldridge Road and Lakemount Road

5

Clearbrook Park

East of Sparwood Street Parking lot to Ashcroft Drive walkway north of Discovery Trail

Schedule "D"

Parks

Activity Permitted

1

Mill Lake Park

canoeing, sailing, rowing, boating using an electric motor and, with prior permission of the General Manager, boating using a gasoline-powered engine

2

Walmsley Lake - Albert Dyck Memorial Park

waterskiing with permit, canoeing, rowing, cable wake boarding

3

Fishtrap Creek

canoeing

4

Hougen Park/Sumas River

canoeing, sailing, rowing, boating using an electric motor and, with prior permission of the General Manager, boating using a gasoline- powered engine

5

McDonald Park/Sumas River

canoeing, sailing, rowing, boating using an electric motor and, with prior permission of the General Manager, boating using a gasoline-powered engine, and after dark telescope use, as a Dark Sky Park

6

Lakemount Beach/Sumas River

waterskiing with permit

7

Barrowtown/Goose Lake Canal

canoeing, sailing, rowing, boating using an electric motor and, with prior permission of the General Manager, boating using a gasoline engine, except when in use by the Rowing Club

Schedule "E"

List of Parks Where Temporary Shelters May Not Occur

B/L 3047-2020

Schedule "E1"

Mill Lake