Draft Parks and Public Places Bylaw No. 986, 2018, Amendment Bylaw No. 1095, 2022

TOWN OF VIEW ROYAL BYLAW NO. 1095

A BYLAW TO AMEND PARKS AND PUBLIC PLACES BYLAW NO. 986, 2018

The Council of the Town of View Royal, in open meeting assembled, enacts as follows:

1. This Bylaw may be cited as “Parks and Public Places Bylaw No. 986, 2018, Amendment Bylaw No. 1095, 2022”.

2. Parks and Public Places Bylaw No. 986, 2018 is hereby amended as follows:

(a) By adding to Section 1.0 “INTERPRETATION” in alphabetical order:

“Chattel” means any item of moveable personal property but does not include a motor vehicle;

“Hazardous Material” includes items, agents, substances or materials which may be hazardous to human health or the environment, and includes, but is not limited to, fuel, harmful chemicals, noxious substances, animal or human waste, mold, food, controlled substances within the meaning of the Controlled Drugs and Substances Act, weapons (real or imitation), sharp objects, needles, or any other similar item, agent, substance or material, and includes property of things that may be contaminated by any of the forgoing;

“Person Experiencing Homelessness” – means a person who has neither a fixed address nor a predictable safe residence to return to on a daily basis;

“Public Land” means all streets, parks or any other real property owned, held or vested in the Town;

“Refuse” means all manner of rubbish, trash, garbage, litter, debris, rubble, demolition waste, discarded or disused objects or construction materials, materials or items, junk, unused or dismantled electronic devices, machinery, old, discarded or unused mechanical or metal parts, glass or plastic bottles or objects, tin cans or other metal containers, paper, glass, pipes, dilapidated furniture, inoperative appliances and other similar things, and unused wood or wood products or hazardous material;

“Structure” means anything constructed or erected on a property, the use of which requires location on the ground or attachment to something having location on the ground, but does not include landscaping, walkways, driveways, or parking lots;

“Town” means the Town of View Royal;

(b) By renumbering Sections 18.0 to 23.0 to Sections 19.0 to 24.0;

(c) By deleting Subsection 2.1 in its entirety and replacing with the following:

2.0 CONDUCT IN PARK AREAS

2.1 No person, when in a Park Area, shall:

(a) obstruct the free use or enjoyment of a Park Area by any other user of the Park Area; (b) engage in conduct or activity that is reckless, dangerous, or threatening to users of the Park Area; (c) use any obscene or abusive language; (d) possess, distribute, sell or consume liquor as defined in the Liquor Control and Licensing Act (BC), unless the person holds a valid Park Permit and a Special Event Permit from the Province, and then only in accordance with the Park Permit and the Special Event Permit; (e) disturb, frighten, injure, trap or snare any bird or animal, or any fish in any stream or pond; (f) use or operate any remote-controlled device, including airplanes, boats, helicopters, or drones in such a manner as to disturb the enjoyment of the Park Area by other users of the Park Area; or (g) interfere with or obstruct any employee of the Town in the performance of their duty. (h) No person, except an agent or employee of the Town in the course of their duties, or person acting in accordance with a permit issued under this Bylaw, shall abandon, deposit, dispose of, store or leave unattended any chattel in or on any park or public land.

(d) By adding the following section immediately after Section 17.0:

“18.0 OVERNIGHT SHELTER

18.1 A person must not place, secure, erect, use, or maintain in place, in a Park Area, a structure, improvement or overhead shelter, including a tent, lean-to, or other form of overhead shelter constructed from a tarpaulin, plastic, cardboard or other rigid or non-rigid material;

18.2 except between the hours of 7:00 p.m. and 7:00 a.m.;

18.3 at any time within 10 metres of: (a) a playground, tennis court, sports field, or dugout (b) a footpath or road within a Park Area, (c) washroom facilities, picnic shelters or gazebos (d) a horticultural display area or community garden (e) a Beach (f) an Environmentally Sensitive Area (g) private property (h) other temporary structures

18.4 Where there is no accessible overnight shelter accommodation available within the Town of View Royal or vicinity thereof, a person who has neither a fixed address nor a predictable safe residence to return to on a daily basis may, subject to the restrictions set out in Sections 18.2 and 18.3, erect and occupy a temporary overnight shelter in a Park Area excluding the following Park Areas:

• Aldersmith Park
• Baur Park
• Burchill Park
• Burnside/Watkiss Park
• Caton Lane Park
• Chalmers Court Park
• Chancellor Park
• Chilco Park
• Craigflower Creek Park
• Duffus Trail Park
• Eagle Creek Park
• Edwards Park
• Evelyn Heights Park
• Francis View Park
• Game Nature Park
• Garry Oak Meadows Park
• Glenairlie Park
• George's Corner Park
• Heddle Park
• Helmcken Centennial Park
• Highbank Park
• Jalan Park
• Kelvin Grove Park
• Knockan Hill Park
• Knollwood Park
• Lime Kiln Park
• Little Road Park
• Marler Park
• Mellor Park
• Newstead Park
• Nursery Hill Park
• Parkcrest Park
• Parson Bridge Park
• Portage Park
• Portage Inlet Linear Connector Park
• Price Park
• Richards Island
• Robin Hill Park
• Seabird Park
• St. Giles Park
• Stoneridge Wetland Park
• Thetis Lake Overflow
• Watkiss Way Park
• Welland Legacy Park
• Wilfert Park”

(e) By changing the name of the newly renumbered Section 21.0 from “REMOVAL” to “REMOVAL AND IMPOUNDMENT”; and

(f) By adding the following section immediately following the newly renumbered Section 21.2:

“21.3 The Director, a person authorized by the Director, a Bylaw Enforcement Officer, the Chief Administrative Officer, or a police officer on behalf of the Town may cause the removal, detention or impounding of any Refuse, temporary or permanent Structure, temporary overnight shelter, tent, object, obstruction, thing, or chattel placed on Public Land or on a Park Area in contravention of this Bylaw.

21.4 If it appears to the Director that the Refuse, temporary or permanent Structure, temporary overnight shelter, tent, object, obstruction, thing, or chattel other than a vehicle that has been impounded under this Bylaw has no market value, the Director may cause the prompt disposal of it, otherwise the person entitled to possession of the impounded thing may recover it by paying the Town the applicable removal and impoundment fees set out in Fees and Charges Bylaw No. 958, 2016.

21.5 If a temporary or permanent Structure, temporary overnight shelter, tent, object, obstruction, thing, or chattel other than a vehicle remains unclaimed after thirty (30) days of its impoundment, the Director may cause the thing to be sold at public auction and the Town’s Director of Finance must apply the proceeds of an auction sale held under this Section in the following manner:

(a) firstly, deduct the costs of the auction; (b) secondly, deduct the fees payable to the Town under Section 21.4; (c) finally, pay the surplus, if any, to the person entitled to possession if that person’s identity and location are known.

21.6 The Town’s Director of Finance must apply the surplus referred to in Section 21.5 (c) in the following manner if the identity or location of the person entitled to the surplus is not known: (a) hold the surplus for one (1) year from the date of the auction; and (b) pay the amount of the surplus into the Town’s General Revenue if the surplus is not claimed within one (1) year from the date of the auction.

21.7 An amount paid into General Revenue under Section 21.6 (b) is forfeited to the Town.

21.8 An action taken under this Section does not preclude the prosecution of a person who contravenes a provision of this Bylaw.”

READ A FIRST TIME THIS 19th DAY OF JULY, 2022.