WHEREAS prior to December 31, 1973, the general management, regulation and control of Parks, avenues, boulevards and roadway drives belonging to the Corporation of the City of Hamilton were vested in the Board of Park Management of the City of Hamilton, pursuant to the Public Parks Act, R.S.O. 1970, Chapter 384;
AND WHEREAS on December 31, 1973, the said Board of Park Management was dissolved and the assets and liabilities thereof became on the 1 st day of January 1974, assets and liabilities of The Corporation of the City of Hamilton, pursuant to Section 136 of The Regional Municipality of Hamilton-Wentworth, 1973;
AND WHEREAS The Corporation of the City of Hamilton may exercise all or any of the powers that are conferred on Boards of Park Management by the Public Parks Act, pursuant to Section 207, paragraph 52 of the Municipal Act, R.S.O. 1990, Chapter M.45;
AND WHEREAS paragraph 42 of Section 207 of the Municipal Act, R.S.O. 1990, Chapter M.45 provides for the prohibition of vehicles from sidewalks, pathways or footpaths in Parks;
AND WHEREAS By-law No. 77-221 was passed on the 30th day of August 1977 by the Council of The Corporation of the City of Hamilton;
AND WHEREAS By-law No. 77-221 was consolidated by By-law No. 89-74, which was enacted on the 28th day of February, 1989;
AND WHEREAS City Council, on the 30th day of May 1995, in adopting Section 29 of the Twelfth Report of the Parks and Recreation Committee authorized the enactment of this By-Law to replace By-law No. 89-74;
NOW THEREFORE the Council of The Corporation of the City of Hamilton enacts as follows:
In This By-law,
Definition
1. (a) Authorized Sign means any sign, notice, or other device placed or erected in or upon a Park under the authority of this By-law;
(b) Bicycle includes a tricycle and unicycle, but does not include a motor assisted bicycle;
(c) City means the City of Hamilton;
(d) Control includes care and custody;
(e) Council means the council of the Corporation of the City of Hamilton;
(f) Commercial Motor Vehicle means a Motor Vehicle having attached to it a truck or delivery body of unit;
(g) Designated Area means any area defined or constructed for a specific use which may include Posted conditions;
(h) Disabled Person includes a person who is blind or who has any degree of physical disability, which requires the physical reliance on a wheelchair, crutches, braces, canes or other similar remedial appliance or device;
(i) Director means the Director of Public Works of the City or his or her designate; except where otherwise noted.
(j) Motor Vehicle means a Motor Vehicle within the meaning of the Highway Traffic Act, R.S.O. 1990, C.H.8 as may be amended from time to time;
(k) Motorized Recreational Vehicle means a snowmobile, gocart, trail bike, mini bike, all-terrain Vehicle, or similar Vehicle, propelled or driven by an internal combustion engine;
(l) Organized Sport or Activity means a sport, game or activity pre-planned by a group or organization whether or not formally constituted and whether or not the players or members wear uniforms;
(m) Permit means any written authorization of Council, a committee established by Council, the Director where such authority has been delegated or the Director of Culture and Recreation where such authority has been delegated.
(n) Post or Posted refers to the erection or presence of permissive, regulatory, restrictive, warning or prohibitive signs and "Posted Area" means an area where such signs are erected;
(o) Park means any land, and land covered by water and all portions thereof owned by or made available by lease, agreement, or otherwise to the City, that is or hereafter may be established, dedicated, set apart or made available for use as a public open space or golf course, and that has been or hereafter may be placed under the jurisdiction of the Director including any and all buildings, structures, facilities, erections, and improvements located in or on such land, save and except where such land is governed by other By-Laws of the City;
(p) Public Parking Area or Parking Space means any area of the Park on which there is an Authorized Sign designated by the City for such purpose;
(q) Residence means a place that is actually occupied or used as a residential building;
(r) Vehicle includes a Motor Vehicle as defined under the Highway Traffic Act, R.S.O. 1990, c.H.8, as may be amended from time to time, and any bicycle, carriage, wagon, sleigh or other Vehicle or conveyance of every description, whatever the mode of power, but excludes wheelchair or similar device (powered or otherwise) used by an individual due to disability, bay carriage or cart, child's wagon, child's stroller, child's sleigh or other conveyance of like nature;
(s) Watercraft means any device for conveyance in or on water and includes but is not limited to power boats, row boats, sailboats, sailboards, canoes, kayaks, or dinghies
Restricted Areas
2. While in a Park, no person shall enter into areas Posted to prohibit or restrict admission of the public.
Conduct
3. While in a Park, no person shall
(a) indulge in any riotous, violent, threatening, or illegal conduct or use profane or abusive language;
(b) cast, throw or in any way propel any object in such a manner as may or does endanger or cause injury or damage to any person or property;
(c) spy, accost, frighten, annoy or otherwise disturb other persons; or
(d) create a nuisance or in any way interfere with the peaceful enjoyment of the Park by other persons
Firearms and Offensive Weapons
4. While in a Park, no person shall be in possessionof or use any firearm, air gun, bow and arrow, axe or offensive weapon of any kind unless authorized by the Director.
Fireworks
5. While in a Park, no person shall ignite, discharge or set off any firecrackers, rockets or other fireworks except as a fireworks display authorized by Permit.
Injury and Damage
6. No person shall in any Park:
(a) climb any building, structure or equipment, unless it is equipment designed for climbing;
(b) break, injure, deface, move or remove the whole or any part of any flowers, plant material, trees or other vegetation or any building, structure, equipment or other property of the City;
(c) unless authorized by Permit, climb move or remove the whole or any part of rocks, boulders, rock faces or remove any soil, sand or wood;
(d) in any manner, disturb ground which is under repair, prepared for planting, has been newly seeded or sodded or is in an area Posted to that effect; or
(e) conduct research, or remove any relict, artifact or natural object
(f) drive, park or walk in an area Posted to prohibit same, except with the written permission of the Director.
Waste and Pollution
7. No person shall in any Park:
(a) dispose or dump garbage, litter, tree trimmings, or any other refuse, except that which is generated through the normal use of the Park and shall only deposit same in receptacles provided for such purpose;
(b) dispose of or dump garden refuse except in a Designated Area therefore;
(c) unless authorized by Permit, dump or deposit snow, fill, soil, building or construction materials;
(d) dump or drain onto any soils or into the waters of any pool, pond, lake, stream, fountain or watercourse of any kind any material, toxic or otherwise, which may have the effect of polluting same
(e) release any balloons, except in accordance with Schedule "A".
Protection of Wildlife
8. While in any Park, no person shall:
(a) subject to the provisions of section 20, kill, attempt to kill, maim, injure, trap or disturb any animal, bird, waterfowl, fish, worms, or other wildlife; or
(b) touch, injure or remove any nest or egg therefrom.
Animal and Fish Displays
9. While in any Park, no person shall:
(a) feed or attempt to feed any wild bird or fish or any bird or fish owned by or under the control of the City unless Posted otherwise;
(b) throw, deposit, place or attempt to throw, material of any kind whatsoever in any area where birds or fish are kept for public display; or
(c) kill, attempt to kill, maim or in any way injure or molest any bird, waterfowl or fish that is kept for public display.
Encroachment
10. Unless authorized by Permit, no person shall encroach upon or take possession of any Park by any means whatsoever, including the construction, installation or maintenance of any fence or structure, the dumping or storage of any materials, or planting, cultivating, grooming or landscaping, thereon.
Alcohol
11. While in a Park
(1) no person shall consume, serve or sell alcoholic beverages unless authorized by a Permit issued by Council and with the approval of the Liquor Licence Board of Ontario; and
(2) Any person who consurnes, serves or sells alcoholic beverages in a Park shall obtain sufficient insurance to conform with current council policy of Liquor Act liability insurance, naming the City as an insured.
Campfires and Barbeques
12. While in any Park, no person shall:
(a) light, build or stoke an open fire or bonfire unless authorized by Permit;
(b) use charcoal or solid fuelled portable barbeques unless authorized by Permit or where Posted to allow same;
(c) use fuel other than charcoal or briquettes in stationary barbeques; or
(d) leave a barbeque or campfire without extinguishing the fire and ensuring that the embers are cold.
Organized Gathering and Picnics
13. While in any Park, no person shall:
a) unless authorized by Permit, hold a picnic, organized gathering or event for more than twenty-five persons; or
(b) interfere with a picnic, organized gathering or event authorized by Permit.
Amplifiers and Loud Speakers
14. Unless authorized by Permit, no person shall operate loud speakers or amplifying equipment in any Park.
Camping and Lodging
15. Unless authorized by Permit, no person shall dwell, camp or lodge in any Park.
Tents and Structures
16. Unless authorized by Permit, no person shall place, install or erect any temporary or permanent tent or structure in any Park.
Bathing and Swimming and Sun Bathing
17. No person shall in any Park;
(a) enter any public swimming pool, except at times designated for swimming;
(b) in or adjacent to any swimming pool, fail to abide by Posted signs or to obey the instructions of any lifeguard or other authorized person;
(c) swim, bathe or wade in any fountain, pond, lake or stream, except in a Designated Area; or
(d) utilize facilities without being properly attired including appropriate swimwear or beach clothing.
Use of Wash and Change Rooms
18. No person shall enter any portion of any washroom, bathhouse, or changeroom in any Park set apart for the opposite sex.
Organized Sports or Activities
19.
(1) While in any Park, no person shall:
(a) arrange or engage in an Organized Sport or Activity, unless authorized by Permit; or
(b) interfere with an Organized Sport or Activity authorized by Permit.
(2) In addition to the prohibitions set out in subsection (1), while in any Park no person shall utilize a Designated Area without a permit without a Permit where same is Posted to prohibit or restrict such use.
Fishing
20. No person shall fish in.an area Posted to prohibit same, in any Park.
Golf
21.
(1) While in any Park, no person shall play or practise golf or strike a golf ball except on a golf course or in a Designated Area.
(2) On any golf course located in a Park no person shall:
(a) play or practise golf unless registered on that day as a player;
(b) hunt for or pick up any lost, misplaced, or abandoned golf balls provided that nothing herein shall prevent a person registered as a player or such player's caddy from retrieving or attempting to retrieve golf balls lost by such registered player; or
(c) during the period from April 1st to and including November 30th, enter in or upon the playing area thereof unless registered on that day as a player or accompanying such player as a caddy.
Model Aircraft and Rockets
22. While in any Park, no person shall operate any powered models of aircraft, rockets, Watercraft or Vehicles unless authorized by Permit.
Aircraft
23. Unless authorized by Permit, no person shall tether, launch or land any fixed-wing aircraft, helicopter, hot air balloon, hang glider, ultra light aircraft or similar conveyance in any Park.
Skating
24. On any natural or artificial ice surface located in any Park, no person shall:
(a) use speed skates unless authorized by Permit or in a Posted area in accordance with Posted conditions;
(b) skate or act in such a manner as to interfere with and/or endanger any other person using the surface; or
(c) use a stick of any kind except in accordance with Posted conditions.
Skiing, Tobogganing and Sledding
25.
(1) No person shall downhill ski, toboggan, snowboard, skibob or sled in any area Park unless otherwise Posted to allow same.
(2) No person shall cross country ski in any area Park that has been posted to prohibit same.
Roller Skates and Skateboards
26. While in any Park, no person shall:
(a) operate or utilize roller skates, skate boards, linear skates or like conveyances where Posted to prohibit or otherwise restrict the use of same; or
(b) obstruct, inconvenience or endanger other users of the Park while operating or utilizing traditional or in-line roller skates, skate boards or like conveyances.
Tennis
27. No person shall enter, walk, or play upon a Designated Area for tennis in any Park, except in accordance with the Posted rules and regulations.
Roadway
28.
(1) The Council or, where such authority has been delegated, the Director or Committee established by Council, is authorized to establish appropriate regulations to regulate the use of Park roadways.
(2) Unless authorized by Permit, and except as provided in section 31 with respect to Bicycles, no person shall while in any Park drive, operate, pull or ride any Vehicle except on a roadway or Public Parking Area.
Parking
29. No person shall in any Park:
(a) park or leave a Vehicle except in a Designated Area for parking;
(b) park or leave a Vehicle between the hours of 11:01 p.m. and 5:59 a.m., except in a Designated Area allowing for such overnight parking, or where authorized by Permit;
(c) stop or park a Vehicle in a Designated Area for parking, except in a Parking Space and in accordance with Posted conditions;
(d) stop or park a Vehicle in a designated disabled Parking Space, unless a disabled person parking permit issued in accordance with the provisions of the Highway Traffic Act, R.S.O. 1990, c.H.8, as may be amended from time to time, is properly displayed on or in the Vehicle; or
(e) use any Parking Space except while using the Park.
30. No person shall make use of any roadway or parking lot in any Park for:
(a) washing, cleaning, servicing, maintaining or, except in the event of an emergency, the repair of any Vehicle; or
(b) instructing, teaching or coaching any person in the driving operation of a Motor Vehicle.
Bicycles
31. While in a Park, no person shall:
(a) ride, operate or be in possession of any Bicycle where Posted to prohibit same; or
(b) obstruct, inconvenience or endanger other users of the Park while riding or operating a Bicycle.
Motorized Recreational Vehicles
32. No person shall ride, drive, park or be in possession or control of a Motorized Recreational Vehicle in any Park except in a Designated Area.
Trucks and Commercial Vehicles
33. No person shall drive, operate, pull or ride in any Park:
(a) any heavy machinery or equipment of any description and whatever the mode of power; or
(b) any truck, trailer or bus whatsoever except a Vehicle that is,
(i) being used for the purpose of making a delivery to a point within the limits of the Park while it is proceeding to or from such point of delivery, or
(ii) operated for personal, recreational, or noncommercial use.
Speed
34. Unless authorized by Permit, while in any Park no person shall operate:
(a) any Vehicle on a roadway at a speed in excess of the Posted limit; or
(b) a Bicycle other than on a roadway at a speed in excess of 20 kilometres per hour.
Horses
35.
(1) Unless authorized by Permit, no person as owner or person having control of any horse shall permit it to enter or remain in a Park unless:
(a) within a Designated Area for use by horses; and
(b) it is well broken and wearing a bridle.
(2) No person riding or having control of a horse in any Park shall obstruct, inconvenience or endanger other users of the Park.
Dogs
36.
(1)(a) allow it run at large.
(b) excluding blind persons or hearing impaired persons reliant upon a guide dog, permit any dog to enter any beach, pond, swimming area, farm area, garden, landscaped area, playground or sports field, or any other area Posted to prohibit same.
(2) While in a Park every person as owner or person having control of any dog shall:
(a) ensure that it is on a leash or chain not exceeding 2.4 metres in length;
(b) excluding Disabled Persons, pick up and remove forthwith excrement left by the dog and dispose of it in a sanitary manner in a receptacle for litter or in some other suitable container.
Dangerous Animals
37. No person as owner or person having the control of any animal shall bring into or permit such animal to enter any Park if it may or does constitute a danger to other park users or is reasonably likely to frighten other park users.
Boating
38. No person shall, subject to any right at law to do so, place, operate, drive or ride any Watercraft in any Park in any area Posted so as to prohibit or restrict the type and allowable uses of Watercraft.
Mooring
39. Unless authorized by Permit, no person shall, subject to any right of law to do so, moor Watercraft in any Park.
(a) except in a Designated Area;
(b) for a period longer than 48 hours;
(c) contrary to Posted restrictions or prohibitions or in any way that may or does endanger or inconvenience other Watercraft or their use or other users of the Park;
(d) without prior payment of the fee therefore authorized by Council;
(e) except in accordance with Schedule "C".
Sale of Merchandise Trade or Business
40.
(1) Unless authorized by Permit, no person shall, while in a Park, sell or offer or display for sale:
(a) any food, drink or refreshment;
(b) any goods, wares, merchandise or articles including promotional material, souvenirs and novelties; or
(c) any art, skill, service or work.
(d) except in accordance with The City of Hamilton Street Vendor Program.
(2) While in any Park, no person shall practise, carry on, conduct or solicit for any trade, occupation, business or profession.
Subscriptions and Contributions
41. While in a Park, no person shall beg, solicit or invite subscriptions or contributions.
Filming and Taping
42. While in a Park, no person shall take or permit to be taken for remuneration any film, photograph, video tape or television broadcast, unless,
(a) authorized by Permit; and
(b) otherwise Posted;
(c) except in accordance with Schedule "B".
Circulars and Advertisements
43.
(1) Unless authorized by Permit, no person shall:
(a) while in any Park distribute, discard, or display any handbill, notice, or other circular, bill or advertisement; or
(b) Post, nail, attach, stencil or otherwise fasten or erect any poster, sign, notice, placard or other circular, bill, advertisement or paper to any Park property;
Permits and Licences
44.
(1) Permits issued for activities contemplated in this by-law may be subject to such fees as Council shall from time to time establish.
(2) Permits issued for activities contemplated in this by-law may include conditions as to time, location, area, equipment, number of participants, type of activities, release, indemnity and insurance coverage.
(3) The issuance of a Permit pursuant to this by-law shall not relieve any person from the necessity of acquiring any other licence or Permit required for such activity by any governmental or public authority.
(4) No Permit contemplated by this by-law shall be issued if same would result in the contravention of other applicable law.
Posting of Signage
45. The Director is authorized to Post signage of permission, regulation, restriction, warning or prohibition with respect to uses of or activities in any Park in accordance with the provisions hereof.
Temporary Closure
46. The Director is authorized to close off for such temporary period as the Director deems appropriate any Park or part or parts thereof to relieve or prevent overcrowding or traffic congestion, or in the interests of public safety, or as may otherwise be authorized by Council.
Exclusions and Exemptions
47.
(1) This by-law shall not apply to:
(a) the drivers, operators or other personnel of ambulances, police or fire department vehicles, while engaged in the performance of their duties;
(b) employees or agents of the City while engaged in works or services undertaken for or on behalf of the City; or
(c) a Park, property or building that is now or hereafter under the jurisdiction of a board established by the Council or by statute, the members of which are appointed by Council.
(2) This by-law shall be subject to provisions of contracts and agreements now or hereafter entered into by the City covering works or services to be performed in any Park.
Enforcement
48.
(1) Any police officer, provincial offences officer or employee of the City designated by the Director is authorized to inform any person of the provisions of this by-law and to request compliance therewith.
(2) Any police officer, provincial offences officer or employee of the City whose duties include the enforcement of this municipal by-law, is authorized to order any person believed by such officer or employee to be contravening or who has contravened any provision of this by-law,
(a) to desist from the activity constituting or contributing to such contravention;
(b) to remove from the Park any animal or thing owned by or in the control of such person which the officer or employee believes is or was involved in such contravention; or
(c) to leave the Park.
(3) Any police officer or provincial offences officer may enforce the provisions of this by-law.
(4) Where any person contravenes any of the provisions of this by-law, or fails to comply with any order referred to in subsection (2) hereof, the permission and licence of such person to remain in that Park is revoked.
Penalty
49.
(1) Any person contravening any of the provisions of this by-law, other than clause 34(a) resulting from the operation of a Motor Vehicle, is guilty of an offence and on conviction is liable to a fine in such amount provided for by the Provincial Offences Act, R.S.O. 1990, c.P.33, as may be amended from time to time.
(2) Any person contravening the provision contained in clause 34(a) of this by-law, resulting from the operation of a Motor Vehicle, is guilty of an offence under the Highway Traffic Act, R.S.O. 1990, c.H.8, and, pursuant to the provisions thereof, on conviction is liable to a fine in such amount provided for by the Highway Traffic Act, R.S.O. 1990, c.H.8, as may be amended from time to time.
(3) The owner of a Motor Vehicle that is parked or left in contravention of section 29 of this by-law is guilty of an offence and on conviction is subject to the provisions of this section, unless at the time of the offence the Motor Vehicle was in the possession of another person without the owner's consent.
Removal of Vehicles
50. A police officer or provincial offenses officer upon discovery of any Vehicle parked or standing in contravention of section 29 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, c.R.25, as may be amended from time to time, or any successor acts thereto.
Schedules
51. The Schedules attached to this by-law and listed below shall have the same force and effect as if the provisions contained therein were contained in the body of this by-law:
Schedule "A" - Release of Balloons
Schedule "B" - Filming
Schedule "C" - Passenger Tarrifs
Severability And Saving
52. Should a court of competent jurisdiction declare a part or the whole of any provision of this By-law to be invalid or of no force and effect, the provision or part is deemed severable from this By-law, and it is the intention of Council that the remainder survive andd be applied and enforced in accordance with its terms to the extent possible under the law.
Short Title
53. The short title of this by-law shall be "The Parks By-law".
Repeal
54. By-law 89-74 is hereby repealed in its entirety.
PASSED this 30th day of May A.D. 1995
City Clerk
Mayor
1. No person shall, while in a Park release 10 or more balloons inflated with lighter-than-air gases within a 24 hour period.
In this Schedule the following guidelines shall be adhered to when filming and taping in a Park within the City of Hamilton:
1. The Director of Public Works shall:
(a) in the case of production as listed in Clause (5), give written notice to permit staff, outlining as fully as possible all details of production, at least five working days prior to the actual filming;
(b) in the case of productions as listed in Clause (6), give written notice to permit staff, outlining as fully as possible all details of production, at least three working days prior to the actual filming;
2. The Director of Public Works, and subject to paragraph (3), may issue the Permit for the period specified therein subject to the person receiving the Permit;
(a) agreeing that production vehicles will be clearly identified and further agreeing that all vehicles will comply with regulations governing vehicular traffic in the City Parks as determined by the Director of Public Works from time to time and approved by City Council;
(b) agreeing that production vehicles and equipment will not block fire hydrants, driveways or other access ramps;
(c) agreeing that all generators used in City Parks will be "blimped" generators;
(d) agreeing that lighting for filming will be oriented away from neighbouring residences;
(e) agreeing that production crews will clean the filming locations at the end of each filming day;
(f) agreeing to indenmify and save harmless the City from any action, claim, damage or loss whatsoever arising from the issuance of the Permit or the use of the Park;
(g) where deemed necessary by the Director of Public Works, a security deposit shall be required prior to the issuance of a film Permit, in an amount satisfactory to the Director and City Treasurer to ensure that the lands will be restored to the satisfaction of the Director and that any damage to the parklands or property will be satisfactorily repaired. The deposit will be accepted in the form of a certified cheque, letter of credit from a chartered bank or other document satisfactory to the Treasurer; and
(h) providing a certificate of insurance for general comprehensive public liability for three million dollars, satisfactory to the City Treasurer.
5. Clause 1(a) applies to the following productions:
(a) feature motion picture main unit;
(b) feature television movie main unit;
(c) television mini-series main unit;
(d) television network variety specials;
(e) television network productions requiring any pre-production staging or installation; and
(f) any production requiring the use of amplified sound or pyrotechnic special effects.
6. Clause 1(b) applies to the following productions:
(a) feature motion picture second unit (6 vehicles or less);
(b) feature television movie second unit (6 vehicles or less);
(c) television mini-series second unit (6 vehicles or less);
(d) episodic television series;
(e) television commercials;
(f) current affairs and documentary film and television film production;
(g) television broadcast events coverage not requiring any pre-production staging Promotional films;
(h) non-broadcast television production;
(i) industrial films or home video productions;
(g) music videos;
(k) educational or student films; and
(l) camera or equipment tests.
1. In this Schedule
(a) "Commercially Operated Boat" means a boat in which the Owner or Operator transports or offers to transport persons and/or personal property for a fee;
(b) "Harbour Master" means the Harbour Master of the Hamilton Harbour Commission.
2. Unless authorized by the Director and "Harbour Master" no Operator or Owner of a "Commercially - Operated Boat" shall moor, allow to be moored, or operate such corrimercially operated boat within Harbourfront Park or Pier 4 Park or the Sea-Walls located within Harbourfront Park or Pier 4 Parks.