Park & Facilities Use By-law

“Alcoholic beverage” means spirits, liquor, beer, wine or any combination thereof and
includes any alcohol in a form appropriate for human consumption as a beverage alone or in
combination with any other substance.

“Barbecue” means a portable or fixed device designed and intendedsolely for the cooking
of food in the open air but does not include outdoor fireplaces and campfires.

“Boat” includes a canoe, rowboat, punt, sailboat, outboard and inboard motorboat, and
personal watercraft.

“Camp” means a space or area secured by an individual or family or group of individuals
that is occupied by a trailer, tent, hut, automobile, or other vehicle used for temporaryrecreational
or camping purposes.

“Director” means the Director of Parks and Recreation of the Town of Collingwood or
authorized designates, unless otherwise specified.

“Facility” means any area, pool, building or structure in a park under the jurisdiction of the
Parks and Recreation Department of the Town of Collingwood.

“Officer” means a person appointed by Council as a Municipal Law EnforcementOfficer,
or a Police Officer, or other individual duly appointed to enforce this By-law.

“Organized team sport” means a team sport which operates under the auspices of a
league, club or association and has a registration process with designated player rosters.

“Park” means a playground, playing field, ball diamond, sports field, beach, recreation
centre, community building, facility, square, garden, water, pedestrian walkway or any other areaowned, leased or used by the Town and devotedto active or passive recreation and includes
any trail, lane, walkway, or public parking area leading thereto.

“Permit” means parks access agreement, lease, licence, letter of authorization, parking permit
or any other written document issued by the Town which authorizes or permits a business, event
or activity to operate within a public park and shall include but not be limited to, training, teaching,
coaching, educating, lessons, filming, photographing, special events, community events or
gatherings, corporate events or gatherings, religious celebrations or gatherings, concession
Stands, midways, auctions, craft sales or displays, plant or produce sales or displays, festivals,
social, cultural or sporting events or displays, equipment rentals or displays of any kind.

“Person” means any individual, association, firm, partnership, corporation, agent or trustee and
the heirs, executors or other legal representatives of a person to whom the context can apply
according to law.

“Sports field” means an area in a park set aside for use in sports, such asfootball, soccer,
rugby and cricket, requiring an open field space.

“Swimming pool” means any swimming or wading pool or spray pad under the jurisdiction of
the Town of Collingwood.

“Town” meansthe municipal corporation of the Town of Collingwood or the geographic area of
the Town of Collingwood as the context requires.

“Vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine,
and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but
does not include a bicycle or motorized snow vehicle.
 

“Washroom” any permanent or temporary structure or portion ofa structure typically containing
toilets, urinals and wash basins and which is owned, leased or operated by the Town.

“Waste” means paper,bottles, broken glass, cans, rags, garbage, rubbish, debris or refuse of
any kind.

1. In this by-law, a word interpreted in the singular number has a corresponding meaning when
   used in the plural.
2. A reference to any statute, regulation or by-law refers to that enactment as it may be
   amendedor replaced from time to time.
3. It is declared that if any section, subsection or part or parts thereof be declared by any Court
   of Law to be bad, illegal, or ultra vires, such section, subsection or part or parts shall be
   deemed to be severable and all parts hereof are declared to be separate and independent
   and enacted as such.

1. No person shall participate in or play baseball, softball, basketball, volleyball, football, soccer,
   rugby, tennis, croquet, cricket, badminton, ultimate frisbee, disk golf, skateboarding or any
   other sport or activity in a park except in an area designated by the Director for such
   respective purpose and in accordance with subsection (3).
2. Notwithstanding subsection (1), any person may participate in or play baseball, softball,
   basketball, volleyball, football, soccer, rugby, tennis, croquet, cricket, badminton, ultimate
   frisbee, disk golf, skateboarding or any other sport or activity in a park provided that the sport
   or activity does not interfere with the reasonable enjoyment and use of that park by other
   users.
3. No person shall:
   a) use a ball diamond on any day between the 31st day of October and the 30th day of April
   of any year;
   b) use a sports field on any day between the 31st day of October and the 30th day of April of
   any year.
4. Despite subsection (3), the Director may, at his or her discretion, amend the dates on which
   a ball diamond and sports field may be used, on the basis of the ground conditions of the ball
   diamond or sports field.
5. Despite subsection (3), the Director may, at his or her discretion, restrict or permit access at
   any time and to any one ball diamond or sports field on the basis of the ground conditions of
   the ball diamond or sports field.
6. Despite clause (b) of subsection (3), no person shall access or use sports fields for winter
   sports during the winter months unless,
   a) the ground is snow covered;
   b) the site is not altered; and
   c) there is no damage to the field.
7. No person shall play golf, drive a golf ball, use golf clubs or other like equipment or drive a
   golf cart in a park except in an area designated by the Director for that purpose.

1. No person shall use a barbecue in a park except in areas designated by the Director for that
   purpose.
2. No person, while in any park, shall:
   a) leave a barbecue without extinguishing the barbecue and ensuring that any remaining
   embersare cold;
   b) dispose of charcoal or embersin any area at the park except in a receptacle provided
   for that purpose; or,
   c) have any type of open flame under a tent or pop-up structure.

1. The Director may designate a park or part thereof as a place in which the riding of bicycles
   is prohibited and shall provide signage to indicate the park or part thereof to which the
   designation applies.
2. No person shall skateboard, rollerblade, or ride a bicycle in a park, or part thereof, designated
   by the Director as prohibiting cycling, skateboarding or rollerblading.
3. No person shall park or stop a vehicle in a park except in areas designated for that purpose.
4. No person shall drive a vehicle in a park or facility except in areas designated for that
   purpose.
5. A police officer, police cadet, municipal law enforcementofficer or an officer appointed for
   carrying out the provisions of this by-law, upon discovery of any vehicle parked or standing
   in contravention of this part, may cause it to be moved or taken to and placed or stored ina
   suitable place and all costs and charges for the removal, care and storage of the vehicle, if
   any, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair
   and Storage Liens Act.

1.  No person shall, in a park and without a permit or authorization issued by the Director or
   another authorized employee of the Town:
   a) sell, or offer, expose or advertise for sale any:
   i) food or drink,
   ii) newspaper, magazine or publication,
   iii) goods, wares or merchandise,
   iv) art, skill or service;
   b) practise, carry on, conduct or solicit for any trade, calling, business or occupation;
   c) distribute any flyers or circulars, or post any bills, notices or advertising devices, including
   signs, of any kind;
   d) convene, conductor participate in any parade or procession;
   e) convene, conduct or hold a public meeting, or deliver a speech as a member of or to
   members of any group or to membersof the general public;
   f) possess any alcoholic beverage;
   g) ignite, discharge or set off any fireworks;
   h) light any open air fire in any park;
   i) camp in any park;
   j) play any organized team sport:
   k) build, construct, or assemble any ramp, jump or similar equipment:                                                 i) use a public address system or other device or equipmentfor amplifying sounds in a park:
   or
   m) allow a hotair balloon to land or take off from a park, except in emergency situations only.
2. Every person carrying on, conducting, operating, maintaining, keeping or engaging in any
   business, event or activity within a park, where a permit or authorization is required by way
   of a by-law, special event policy or other Town policy, as amended from time to time, shall
   be required to obtain a permit or authorization prior to the commencement of any such
   activity.
3. No person without a permit shall refuse to vacate a park, or portion of a park, in the event
   that a holder of a permit for that park, or portion of the park, wishes to access the area in
   accordance with the terms and conditions of his or her permit.
4. No person shall fail to adhere to or comply with any conditions or restrictions set out in the
   permit or authorization.
5. No person shall fail to display or keep visible their permit or authorization to conduct the
   event, business or activity within the park.
6. The permit holder shall comply at all times with all other applicable municipal by-laws and
   provincial and federal laws.
7. A permit issued by the Director is valid on the date or dates shown on the permit.
8. The Director may attach such additional conditions to a permit as deemed necessary to
   ensure public

1. Any person required to obtain a permit pursuant to this by-law, special events policy or other
   Town policy, shall apply in writing or on the appropriate application form as provided by the
   Town and shall deposit, at the time of application, all required fees as set out in the Town of
   Collingwood Fee’s By-law for each business, event or activity as well as submit any required
   approvals, inspections or documentation required or as deemed necessary by the
   corporation.
2. Upon being satisfied that the applicant is entitled to obtain a permit or authorization under
   the applicable provisions, the issuer shall prepare and issue the appropriate documentation
   to the said applicant.
3. Permits or authorizations are not transferable.

1. Unless authorized by the Director or another authorized employee of the Town, no person,
   being the owner or tenant of land adjacent to a park, shall cause, permit, or continue any
   activity or thing on such land that encroaches onto or into the park including:
   a) planting of any hedge, tree, shrub or garden;
   b) construction of any fence, storage shed, retaining wall or other structure of any kind;
   c) keeping of any composting receptacleor pile; or
   d) placing of any string, wire, chain, ropeor similar material, on park property.

1. No person shall, in a park, cut, climb, break, injure, deface, disturb or remove any property
   including:
   a) atree, shrub, bush, flower, plant, grass, wood, soil, sand, rock or gravel:
   b) lifesaving equipment, barriers, or warning devices;
   c) a building, cage, pen or monument.
2. No person shall, in a park, mark or write upon, damage or otherwise injure any property of
   the Townincluding:
   a) any part of the interior or exterior of a building;
   b) any monument, fence, bench or other structure.
3. No person shall, in a park:a) disturb, injure, wound, hunt, trap, attemptto kill or kill any animal;
   b) touch, interfere with, remove or injure any bird’s nest, the eggs or the young birds
   contained therein; or
   c) provide, cause to be provided, deposit or leave any food that may be consumed by any
   animal in a park unless authorized to do so by the Director.
4. No person shall, in a park:
   a) leave or deposit any waste, except in a receptacle provided for that purpose;
   b) deposit or leave any paint, grease, oil, offal or any dangerous matter that has an odour
   or appearance found to be offensive by users of the park;
   c) scatter any paper, cardboard or any other material; or
   d) undertake any maintenance activities or alter existing grounds or facilities unless
   authorized to do so by the Director.
5. No person shall discharge, dump or leave any construction material, earth, dirt, rock, snow,
   stone or any other materials in a park, or in any ravine, slope or other land access way toa
   park, except with the written consent of the Director.
6. No person shall use a parkor any part thereof for the purpose of washing, cleaning, polishing,
   servicing, maintaining or, with the exception of any emergency, repairing any vehicle.
7. No person shall transport across, launch or beach a boatin any park except on a portion of
   land specified for such purposes or where thereis a sign permitting the activity.

1. No person using a skating rink in a park shall:
   a) race or speed so as to endanger or interfere with any other person using the rink;
   b) carry a cane, stick or any other objectthat is, or is likely to be, dangerous to other persons
   on a rink, except such equipment as may be required for any sport or activity approved
   by the Director;
   c) use the rink during the preparation period; or
   d) fail to obey the instructions of a rink attendant employed by the Town of Collingwood or
   any other

1. No person shall:
   a) enter a swimming pool, except with the permission of the Director or any other person
   appointed by the Director to oversee the facility and subject to the conditions associated
   with such permission and only at the times designated for swimming;
   b) fail to obey the instructions of a lifeguard or any other person appointed by the Director
   to oversee the facility;
   c) swim, bathe, wade in or enter the waters of a fountain, pond, lake, river or stream in a
   park, except in an area or at a time designated by the Director for such purposes;
   d) permit a child in his or her care, custody or charge to swim, bathe, wade in or enter into
   the waters of any ornamental pool or fountain:
   e) throw any article in any pool, fountain, pond, lake or stream thatis likely to endanger any
   person or wildlife or to pollute the waters; or
   f) bring into or possess in a bathing area or swimming area of a park any bottles, glassware,
   metal or other material which may cause injury.

1. No person shall enter any place where a sign prohibiting admittance or trespassing is
   displayed or where admission is otherwise prohibitedor restricted.
2. No person shall use a tent or sunshade within a park unless such tent or sunshade is solely
   supported by no more than one pole and having no more than one wall or side or unless
   authorized to do so.
3. No person shall engage in loud, boisterous, threatening, abusive, insulting or indecent
   language, or engage in any disorderly conduct or behaviour in a park.
4. No person shall urinate or defecate in a park except in a designated washroom facility.
5. No person shall engage in any activity so as to interfere with or become a nuisance to the
   general public using the park.                                                                                                            
6. No person shall throw a stone or other object that may cause injury or damage to any
   person or to property.
7. The Director may, at any time and athis or her discretion, temporarily or permanently close
   to the public a park, a portion of a park or a building in a park due to inclement weather or
   other circumstances deemed appropriate by the Director.
8. Where the Director has temporarily or permanently closed to the public a park, a portion of a
   park or a building

1. The applicant for a permit to access any park shall indemnify and save harmless the Town
   of Collingwood from any and all claims, demands, causes of action, losses, costs or damages
   that the Town of Collingwood maysuffer, incur or be liable for resulting from the use of the
   park whether with or without negligence on the part of the applicant, the applicant's
   employees, directors, contractors and agents.

1. Permits issued to a permit holder under this by-law may be revoked by the Director if, in the
   opinion of the Director, the permit holder fails to comply with the requirements of the permit
   or any other provisions ofthis by-law.

1. The provisions of this by-law shall not apply to the Town of Collingwood or its agents,
   employees or contractors during the course of performing their duties in relation to park
   construction, maintenance or other necessaryactivities.
2. The provisions of this by-law shall not apply to the Ontario Provincial Police Service or other
   bona fide emergency service providers.
3. The Director or other individual declared by Council Motion may grant an exemption to any
   person from any provision of this by-law and imposeconditions for such exemption as may
   be considered reasonable and necessary, provided such exemption does not interfere with
   the general integrity of this by-law.

1. A Municipal Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other
   duly appointed individual shall enforce the provisions of this by-law.
2. An officer who has reasonable grounds to believe that a person has contravened any
   provision of this by-law may require that person to provide their identification to the officer.
3. Every person who is required by an officer to provide identification under subsection (2) shall
   identify themselvesto the officer. Giving their correct name, date of birth, and address shall
   constitute sufficient identification. Failure to provide sufficient identification shall constitute
   obstruction of the officer as set out in subsection (4).
4. No person shall obstruct, hinder, or otherwise interfere with a Municipal Law Enforcement
   Officer, Provincial Offences Officer, Police Officer or other duly appointed individual in the
   lawful carrying out of their duties and responsibilities under the provisions of this by-law.

1. If an officer is satisfied that this by-law has been contravened, the officer may make an
   order, requiring the person who contravened the By-law, or who caused or permitted the
   contravention, or the Owner of the land on which the contravention occurred, to discontinue
   the contravention.
2. An order made under subsection (1) of this By-law shall set out:
   a) reasonable particulars of the contravention adequate to identify the contravention and
   the location of the land on which the contravention occurred; and,
   b) the date by which there must be compliance with the order.
3. A person who contravenes an order made under subsection (1) of this By-law is guilty of an
   offence.

1. Every person who contravenes any provision of this by-law is guilty of an offence andliable
   on conviction to a penalty not exceeding $5,000, exclusive of costs and the provisions of the
   Provincial Offences Act, R.S.O 1990, c P.33, as amended, shall apply to said fine.
2. Every person who contravenes any provision ofthis by-law, and every director or officer of a
   corporation who knowingly concursin the contravention of this by-law by the corporation, is
   guilty of an offence and upon conviction is liable to a fine as provided for by the Municipal
   Act, 2001, S.O. 2001 c. 25, as amended.
3. Any person convicted under this By-law is liable:
   a) upon a first conviction a maximum fine of $25,000; or,
   b) upon a subsequent conviction a maximum fine of $50,000.
4. Notwithstanding subsection (2), where the person convicted is a corporation, the corporation
   is liable:
   a) upon a first conviction a maximum fine of not more than $50,000; or,
   b) upon any subsequent conviction a maximum fine of not more than $100,000.
5. Where a person has been convicted of an offence under this by-law, the Ontario Court of
   Justice, or any court of competentjurisdiction thereafter, may, in addition to any other penalty
   imposed on the person convicted, issue an order prohibiting the continuation or repetition of
   the offence or the doing of any act or thing by the person convicted directed towards the
   continuation or repetition of the offence.
6. Every person who acts in contravention of this by-law so as to cause the Town to incur costs
   due to his or her actions shall, in addition to any penalty provided for herein, be liable to the
   Townfor all expenses incurred for the purpose of repairing or replacing damaged property
   or removing unauthorized materials, and such expenses may be recovered by court action
   or in a like manner as municipal taxes.

1. This by-law shall come into full force and effect on the dateoffinal passage hereof at which
   time all by-laws and/or resolutions that are inconsistent with the provisionsof this by-law and
   the same are hereby repealed or rescinded insofar as it is necessary to give effect to the
   provisions of this by-law.

Enacted and Passed this 17" day of May, 2021.