Development Services Report: Parks Bylaw Update

Development Services Report

TO: Committee of the Whole DATE: January 9, 2018 FROM: Lindsay Chase, MCIP, RPP MEETING: January 16, 2018

Parks Bylaw Update

RECOMMENDATION:

THAT Committee of the Whole receive the report and draft bylaw on the “Parks Bylaw Update” for information.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS: I concur with the recommendation.

DIRECTOR OF ENGINEERING’S COMMENTS: I concur with the recommendation.

DIRECTOR OF FINANCE’S COMMENTS: I concur with the recommendation.

DIRECTOR OF PROTECTIVE SERVICE’S COMMENTS: I concur with the recommendation.

PURPOSE OF REPORT:

To introduce a draft bylaw to update the Parks Bylaw to Committee for discussion and input.

TIME CRITICAL:

Updating the Bylaw is an objective of the 2018 Strategic Plan.

BACKGROUND DISCUSSION:

Bylaw No. 87, the Parks Regulation bylaw was adopted in 1991 when the Town of View Royal was still quite a young organization! It outlined how parks were to be managed (by a Parks Commission), included regulations for activities that could and could not take place in parks (grazing livestock is not permitted, nor is riding a horse), and protection of the natural environment is a key consideration. Of interest is that permits for various activities in parks were included in the 1991 Bylaw and have been applied sporadically in the intervening years.

Since that time the Town has evolved in a variety of ways. A Parks Commission to administer parks operations has not existed for many years (if ever) and the range of activities that take place in parks have expanded along with our population. In considering a new bylaw, the following topics were deemed important to address or consider:

• Conduct in Parks
• Hours of operation/use
• Protection of the Environment
• Geocaching
• Use of drones and other aerial devices
• Camping (not explicitly addressed)
• Parks Administration
• Smoking and Fires
• Animals in Parks
• Business Activities
• Park Permits

The following section of this report outlines how these topics have been incorporated into the draft bylaw which is attached to this report (Attachment 1).

PROJECT INFORMATION:

The draft Parks Bylaw outlines how and what activities the Town proposes to regulate within its parks. The following outlines the definitions and associated regulations included in the bylaw.

Definitions

The first section of the bylaw defines key terms. Where possible we’ve made definitions between bylaws consistent. In the case where a term is already defined in legislation, we direct attention to the enabling legislation so that terms are automatically updated. For definitions like “Skate Equipment” we recognize that new technologies and means of moving around are changing and as a result we’ve included hoverboards along with skateboards and roller skates.

Public Conduct

The section relating to behavior provides guidance on the types of behavior that are not acceptable and that one persons or groups activities should not obstruct the use and enjoyment of parks by other users. I note the reference to liquor in this section (and the eventual need to include cannabis) and that Park Permits/Special Event permits would facilitate a special occasion license for a beer garden associated with an event if approved. Amplified sound in parks is also addressed in this section.

Waste Management

The section on waste management addresses disposal of residential or commercial waste within parks. It also addresses urination and defecation in parks.

Business Activities

The section on Business activities defers to the need for a permit. What this means practically is that should there be interest in activities like fitness classes, a farmers market or a food truck festival (as examples only), a park permit could be used to authorize the use (subject to any other regulations that also need to be met).

Weapons

The section on weapons is carried forward with minor updates from the previous bylaw.

Damage to Property

The section on damage to property is a way of stating our values around the protection of the natural environment.

Geocaching

The section on geocaching is entirely new. We are aware of a variety of geocaching locations within the Town and felt that regulating the intensity of this use was important, along with regulations on location of caches and the “retirement” of caches that are no longer be sought.

Animals in Parks

The section on animals in parks includes new language around beach areas that is consistent with provincial and federal regulations around bird migration and nesting seasons. This section also defers to the Animal Control Bylaw.

Smoking/Fires

The section on smoking reiterates the CRD Bylaw with respect to smoking in Parks and extends this to beach areas. It also reiterates the ban on open burning from the Fire Department.

Park Administration and Permits

The 1991 Bylaw established the idea of permits being required for certain activities within parks although implementation of this requirement has been lumpy over the years. While permits are required for activities such as using the baseball diamonds, this has not been our practice and no fees have been collected from regular users who end up with exclusive use of certain areas by default.

The draft bylaw proposes that permits continue to be used, with an emphasis on ensuring that users have the necessary insurance to operate an event in a park with appropriate insurance that limits liability to the Town. Insurance for all users of parks is readily available online at a very reasonable cost through arrangements the Town has previously made with the Municipal Insurance Association. MIABC operates a web portal through which parks users can access insurance for one off events (like a wedding) or an entire season of baseball.

At this time, we have not turned our attention to establishing fees for rental of facilities such as ball diamonds, or event permits for hosting other events. We see three possible ways forward on this matter and appreciate Council input:

1. No fees at this time—get people used to the idea of a permit and ensuring that they have the necessary insurance. Within the next year consider establishing fees for things like the ball diamonds, special events or activities where exclusive use of an area is requested for a set period of time.
2. Consider a nominal fee at this time (a placeholder so to speak). Continued emphasis on insurance/liability and increase fees next year to start to recover some of our costs.
3. Review fees and charges from Central Saanich and Victoria and use these as our basis.

Over the long term it is very unlikely that the fees charged would cover the cost of the recreation service being provided. Based on the Town’s user volume, it is also possible that any fees charged won’t even cover the cost of processing the permit itself. This is consistent with most local governments where recreation services are recognized to have other public benefits associated with them, but cost recovery is not one them.

Any future consideration of fees and charges would result in an amendment to the Fees and Charges Bylaw and would not be included in the Parks Bylaw.

BUDGET IMPLICATIONS:

This project was funded in the 2017 Budget. No additional budget is needed at this time.

RECOMMENDATION:

The draft bylaw has been through legal review, and addresses the concerns of the Engineering and Parks and Protectives Services departments. Staff recommend that the bylaw be brought forward for consideration at a future Council meeting.

THAT Committee of the Whole receive the report and draft bylaw on the “Parks Bylaw Update” for information.

SUBMITTED BY: L. Chase, MCIP, RPP, Director of Development Services

REVIEWED BY: K. Anema, Chief Administrative Officer

Attachments

1. Draft Parks Bylaw