This consolidation is an electronic reproduction made available for information only. It is not an official version of the by-law/policy. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The Township of Champlain does not warrant the accuracy of this electronic version.
Official versions of all By-Laws and policies can be obtained from the Township Clerk’s Office.
On this page
- Administration & Finance Applications, Forms, Bylaws and Policies
- Communication and Community Development Applications, Forms, Bylaws and Policies
- Fire Services Applications, Forms, Bylaws and Policies
- Parks and Recreation Applications, Forms, Bylaws and Policies
Administration & Finance
Application & Forms |
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Strategic Asset Management Policy |
By-Law: 2019-41 Township’s VisionThe Township’s vision is to proactively manage its assets to best serve the Township’s objectives by:
Township’s GoalThe objectives of this policy are to:
Strategic AlignmentThe Council and Township Administration will review this policy and incoprate into the Asset Management planning an approach that fosters the integration of municipal documents such as:
Guiding PrinciplesCustomer Focused: The Township will have clearly defined levels of serice and apply asset mangement practices to maintain the confidence of customers in how the Township’s assets are managed. Service Focused: The Township will consider all the assets in a service context and take into account a coordinated approach to optimizing Township assets. Risk-Based: The Township will manage the risks associated with attaining the desired level of service by focusing resources, expenditures, and priorities based upon risk assessments and the corresponding cost/benefit, recognizing that public safety is paramount. Value-Based Affordable: The Township will choose practices, interventions and operations that aim at reducing the lifecycle cost of asset ownership, while satisfying agreed level of service. Decisions are based on balancing service levels, risks, and costs. Capitalization ThresholdThe Asset Management Policy applies to all assets whose role in service delivery requires deliberate management by the Township. The service-focus intent of this policy differentiates its requirements for identifying assets from the capitalization thresholds which are developed for the purpose of financial reporting. For this reason, the capitalization threshold developed for financial reporting will not be the guide in selecting the assets covered by asset management planning processes. Roles and ResponsibilitiesThe Township’s Asset Management Program requires a wide range of participation to ensure that it is executed and used effectively for the management of Township assets. The following parties have duties and responsibilities in the asset management program: Township Council
Senior Management Team
Chief Administrative Officer
Treasurer
Director of Public Works
Departmental Staff
The Township will integrate findings from the Asset Management Program into its long-term financial planning and budgeting processes. Sound financial analysis will be encompassed in Asset Management planning in order for the asset management plan to guide employees in budgeting and financial planning. The financial strategy included in each Asset Management Plan will be completed by a senior administration team composed of representatives from finance and the concerned department.The Asset Management Plan will be referenced by the department personnel in the preparation of their budget submissions to help them:
The department level budget submissions, prepared by each Township Director, will be evaluated by the budget committee in the preparation of the munipality’s annual budget.The financial analysis used for the water and wastewater Asset Management plans will align with existing financial plans related to these assets. The analysis completed in each tangential document will reference the most up-to-date information from the same datasets, will be based on common methods, and will improve upon one another. Community PlanningAsset Management Planning will be aligned with the Township’s Official Plan. The Asset Management Plans will reflect how the community is projected to change and the related assets impacted. Climate ChangeClimate change will be considered as part of the Township’s risk management approach embedded in local asset management planning methods. This approach will balance the potential cost of vulnerabilities to climate change impacts and other risks with the cost of reducing these vulnerabilities. The balance will be struck in the levels of service delivered through operations, maintenance schedules, disaster response plans, contingnecy funds, and capital investments. The Township’s contribution to climate change through greenhouse gas emissions will be mitigated in accordance with its local reduction targets, financial capacity and stakeholder support. Stakeholder EngagementThe ultimate goal of the Township is to efficiently provide its various stakeholders with the municipal services they need within the bounds of regulatory requirments, the build environment, and the natural environment. In order to achieve this goal, it is necessary that the Township understand the needs of current stakeholders, consider the needs of future generations, and incorporate these prespectives into our Asset Management Plan. The Township recognizes them as an integeral part of the Asset Management approach. Accordingly, the Township will:
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Communication and Community Development
Applications & Forms |
Fire Services
Applications & Forms |
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Fire Control By-Law (2010-19) |
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By-Law : 2010-19 WHEREAS section 7.1(1) of the Fire Protection and Prevention Act, S.O. 1997, c4 as amended, provides that Council of a municipality may pass by-laws regulating the setting of open fires, including establishing the times during which open fires may be set; and AND WHEREAS the Fire Prevention and Protection Act, S.O. 1997 provides that the Chief Fire Official or designate is required to approve open air burning and appropriate fire safety provisions; and AND WHEREAS section 10(1)(2) of Municipal Act, S.O. 2006, provides that Council may regulate matters related to health, safety and well-being of the residents of the municipality; and AND WHEREAS section 129 of the Municipal Act, S.O. 2001 provides that Council can prohibit and regulate matters that it deems to be a public nuisance; and AND WHEREAS section 391 of the Municipal Act, S.O. 2001, provides that municipalities may pass by-laws imposing fees or charges on any class of persons for services or activities provided or done on behalf of it; and NOW THEREFORE the Council of the Corporation of the Township of Champlain hereby enacts as follow: Section 1 – Titlehis By-Law shall be known as "the Fire Control By-Law". Section 2 – DefinitionsIn this by-law: "By-law Enforcement Officer" means the officer in charge of by-law enforcement of The Corporation of the Township of Champlain or his/her authorized subordinates or assistants; "Campfire" means an open fire that is no greater than one (1) meter in diameter, which is set and maintained solely for the purpose of cooking food, providing warmth and recreational enjoyment; "Closed fire" means a fire that is enclosed in a container; "Corporation" means The Corporation of the Township of Champlain; "Fire" means fuel in state of combustion, the phenomenon of combustion manifested in light, flame and heat; “Fire Ban” means a complete ban of all open fires. A fire ban is enacted by the Chief Fire Official or designate within the municipality by the authority of the Fire Protection and Prevention Act. "Fire Chief" means the Chief of the Fire Department of the Corporation or his/her authorized subordinates or assistants; “Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designated and intended for or used by the general public for the passage of vehicles and includes the area between the lateral property line; “Open Air Fire” means the burning of material such as wood, tree limbs and branches where the flames are not wholly contained and exceeds 1 meter in diameter; “Outdoor Fireplace” means a manufactures, non-combustible, enclosed container to hold a small fire for decorative purposes and the size of which does not exceed 1 metre in any direction and includes, but is not limited, to a chimney; “Permit” means a burning permit issued under this By-law, which grants a privilege to set a fire in the open air. "Permit Holder" means the person (owner) applying for a burning permit and shall be eighteen (18) years of age or over; "Person (owner)" includes, not only an individual, but also a corporation, a company, a firm, a partnership and any association; "Township" means The Corporation of the Township of Champlain; "Uncleared land" means land which consists of free standing trees including trees which have been felled; "Yard" means the land other than publicly owned land around and appurtenant to the whole or any part of a dwelling and used or intended to be used, or capable of being used in connection with the dwelling; “Automated Fire Alarms” shall mean all types of fire alarms, which are relayed directly to either a fire department or other security company which is automatically notified of the fire alarm. Section 3 - Application3.1 The Ontario Fire Code (2.6.3.4.) states "Open air burning shall not be permitted unless approved"; 3.2 No person shall set an open air fire in the Township without first obtaining a permit from the By-Law Enforcement Officer, Chief Administrative Officer or the Fire Chief; 3.3 No person shall set an open fire in the central business section(s) and in the urban areas of the Township. The central business section(s) and urban area(s) being determined at the sole discretion of the Fire Chief and/or Chief Administrative Officer; 3.4 Burning permits may be issued for clean up of brush in fringe areas of the Township and for a campfire. Fringe areas being determined at the sole discretion of the Chief Administrative Officer and/or Fire Chief; 3.5 Notwithstanding the provisions of subsections 3.3 and 3.4, only the Fire Chief may issue a burning permit for any fire under special circumstances or burning permits relating to farming operations including the duration of the permit or other conditions deemed appropriate or may, at his/her sole discretion, refuse to issue any burning permit depending on the conditions encountered. Section 4 – Exclusion4.1 No burning permit is required for an open air fire when such burning consists of a small confined fire, which is used to cook food, for enjoyment or set in an approved outdoor fireplace and is supervised at all times. Section 5 – Regulations5.1 No person shall set an open fire or closed fire to burn any household kitchen garbage or construction materials made of or containing rubber, plastic, paint petroleum, tar, chemical wastes, pressure treated wood, synthetic or man-made materials or any other materials considered to create excessive smoke or smell; 5.2 Open air burning shall allow no more than one (1) cubic meter of material to be burned at any one time; 5.3 Means of extinguishment of the fire designated on the permit form must be available at the site at all times during the fire; 5.4 Open air burning shall only occur during daylight hours, except for a campfire and/or an outdoor fireplace, unless otherwise specified and approved; 5.5 Open air burning shall be supervised at all times and never be left unattended until it is completely extinguished; 5.6 The permit holder (applicant) must notify the Fire Department when the fire is lit and at the end of the day must extinguish the fire and advise the Fire Department that the fire is out; 5.7 The permit holder (applicant) shall notify the occupant(s) of adjacent property(ies) of his/her intentions of setting an open air fire prior to setting the same; 5.8 No open fire shall be maintained when the wind is in such direction or of such intensity so as to result in a decrease in visibility on any highway or roadway or a risk of a rapid spread of fire through grass, brush area or wooded area; 5.9 No person shall set an uncontained fire regardless of the type of fuel used be it grass, hay or leaves or other; 5.10 Open air fire shall not be set closer than thirty (30) meters (100 feet) from any building or uncleared land; 5.11 Open fires set off directly to grass, leaves and other crops are strictly prohibited. 5.12 No person shall set or maintain an open-air fire or closed fire when the wind or atmospheric condition carries the smoke over other residential properties causing any impairment or discomfort to persons and animals and/or damage to neighbouring properties; 5.13 No person shall set or maintain an open fire when the Fire Chief has issued a fire ban; 5.14 Not withstanding any provisions herein, no person shall set or maintain a fire:
Section 6 – General Provisions6.1 This By-Law shall apply to the whole area of the Township; 6.2 The application for the setting off of an open fire shall be according to Schedule "A" attached hereto and forming part of this By-Law; 6.3 The Chief Administrative Officer, By-Law Enforcement Officer and/or the Fire Chief shall refuse any incomplete application for a permit for the setting off of an open fire; 6.4 The owner or any one of the joint owners shall sign the application for a permit; 6.5 Permits that are issued for an open fire only, shall not be issued for a period greater than seven (7) consecutive days; 6.6 A permit may be issued for a period of three (3) consecutive months subject to the following conditions: 6.6.1 The owner or all of the owners of the property where the fire is to be set shall be required to file an “Application for a Fire Permit” according to Schedule “B” attached hereto and forming part of this By-Law; 6.6.2 The land where the fire is to be set must have an area of not less that 4.05 hectares (10 acres); 6.6.3 That the application must be accompanied by a certified cheque or money order in the amount of one thousand dollars ($1000.00) made payable to the Township, which shall be returned at the expiry or surrender of the permit by the owner(s) conditional that all the provisions of the permit have been respected and adhered to; 6.6.4 That the Chief Administrative Officer, Fire Chief(s) and/or By-Law Enforcement Officer may, at any time and at his/her sole discretion, repealed the fire permit due to weather conditions or for any other reasons that are deemed appropriate for safety reasons; 6.6.5 That any breach in the provisions of this Fire Permit or By-Law will forfeit the deposit, as required upon paragraph 6(f)(3), and/or will be applied against any costs incurred by the Township for fire protection services and the owner(s), by signing the permit, waives all rights and any recourse against the Township for return of this deposit. In addition, the owner(s) will continue to assume all responsibility and liability for voluntarily setting off a fire and will also be responsible for reimbursement of all costs incurred by the Township should fire protection services be required. 6.6.6 That the issuance of the fire permit will be conditional to the following criteria:
6.7 A burning permit may be cancelled or suspended at any time by the Chief Administrative Officer, Fire Chief or the By-Law Enforcement Officer and immediately upon receiving notice of such cancellation or suspension, the permit holder (applicant) shall extinguish any fire started under the permit; 6.8 Even with the benefit of a permit, all persons setting or permitting an open fire in the Township shall: 6.8.1 Be responsible for any damage to property or injury to persons occasioned by the said fire; 6.8.2 Be liable for costs incurred by the Fire Department, including personnel equipment and apparatus necessary and called in to extinguish the said fire; Section 7 – Fees and Service Charges7.1 All persons who are liable pursuant to paragraph 6 (h) (ii) of this By-Law shall be forwarded an invoice. 7.2 The charges or fees imposed shall be based upon the actual cost incurred by The Corporation, being the actual cost of the Fire Department of the Township including any other costs incurred in order to suppress and extinguish the said fire. 7.3 All invoices shall require payment within thirty (30) days from the date of invoices and all overdue accounts shall be levied interest at the rate of 1.25 percent per month or fraction therefore. 7.4 Should outstanding or unpaid invoice(s) exist, the Township shall add the said charges and fees imposed, including penalty charges under the provisions of this By-Law, to the appropriate tax roll for any real property in the Township all of the owners of which are responsible for paying the fee charges including interest thereto and the Township shall collect the same in like manner as municipal taxes. 7.5 All costs associated with false alarms, in excess of one (1) false alarm per twelve (12) month period, due to automated fire alarms shall be levied and charged to the owner of the property where the false alarms have occurred. Section 8 – Environment8.1 This By-Law does not cover any requirements under the Environmental Protection Act. Any fire is subject to the regulations set down by the Ministry of Environment regarding air pollution. Section 9 – Offences9.1 Any person who contravenes any of the provisions of this By-Law is guilty of an offence and on conviction is liable to a fine as provided in the Provincial Offences Act, R.S.O., c. P. 33. Section 10 – Penalties and Enforcement10.1 It shall be the responsibility of the By-Law Enforcement Officer and the Fire Chief of the Corporation to enforce the penalties and provisions of this By-Law; 10.2 Tags and tickets may be issued by the By-Law Enforcement Officer and the Fire Chief as per Schedule “C”, set fines; 10.3 Any person who contravenes any of the provisions of this By-Law is guilty of an offence and shall be liable to pay a penalty as set out in this By-Law; 10.4 The receipt of payment signed by the person assigned to the duty of receiving payments out of Court, shall be evidence of payment of the penalty provided for the violation; 10.5 When a person has been convicted of an offence under this By-Law, the court of competent jurisdiction 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. Section 11 – Severability11.1 If a court of competent jurisdiction should declare any paragraph or part of a paragraph of this By-Law to be invalid or ultra vires such paragraph or part of a paragraph shall not be construed as having persuaded or influenced Council to pass the remainder of this By-Law and it is hereby declared that the remainder of this By-Law shall be valid and shall remain in force. Section 12 – Date of Effect12.1 This By-Law shall come into force and effect on the date of passing thereof. Section 13 – Repealing of Former By-Law13.1 By-law Number 98-45 dated March 23rd, 1998 be and is hereby repealed. READ a first, second and adopted upon third reading this 10th day of February 2010. Schedules
Note: The penalty provisions for the offences indicated above is section 9 of the fire control by-law. |
Application & Forms |
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Municipal Alcohol Policy (REC-001) |
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By-Law:2022-160 PurposeThe purpose of the Municipal Alcohol Policy (MAP) is to provide policy direction for the sale, serving and consumption of alcohol on Township property or at locations or events under the Township’s control. To provide appropriate procedures and education to individuals or groups wishing to hold events in and/or on municipally owned facilities/properties in order to ensure that allLiquor Licence and Control Act of Ontario legislation that pertains to Special Occasion Permits or liquor licensing and the Municipal Alcohol Policy are properly understood and strictly complied with. To ensure appropriate supervision and operation of liquor licensed events to protect the Event Organizers, the participating public, volunteers, the Township of Champlain and its staff and elected officials from liability by providing education in prevention and intervention techniques and through effective management procedures. To encourage and reinforce responsible drinking practices for consumers through the development of operational procedures, controls, training, and education, and to respect the decision of abstainers not to drink alcohol and encourage their participation by providing alternative, non-alcoholic drinks. Policy StatementThe Township of Champlain requires that, when alcohol is to be sold, served, or consumed at events held on Municipal property or at locations or events under the Municipality’s control, these activities are carried out in a safe and responsible manner. ScopeThe MAP outlines various stipulations and controls on events involving alcohol, including Special Occasion Permits and liquor licensed events under a Caterer’s Endorsement.The Event Organizer and/or designate are legally responsible for ensuring compliance with the MAP, Liquor Licence and Control Act of Ontario and Alcohol Gaming Commission of Ontario policies and guidelines.Definitions“Alcohol and Gaming Commission of Ontario (AGCO)” means entity responsible for regulating the alcohol, gaming and horse racing sectors and cannabis retail in accordance with the principles of honesty and integrity, and in the public interest.“Caterer’s Endorsement” means a liquor sales licence authorizing the applicant to sell and serve liquor for an event held on premises other than the premises to which the liquor sales license applies. The Township of Champlain has a liquor licence for the Vankleek Hill Reception Hall and extends to the Arena Lobby combined with a Caterer’s Endorsement.
“Event” means, for the purpose of this policy, an event is any gathering held at a municipal facility or property at which alcohol will be served and/or sold. Such events may include but are not limited to weddings, showers, dances, and birthday parties. The duration of the event includes event set-up, operation and clean-up.
“Public Event” means a public event is one which is open to the public to attend and is conducted by a registered charity or not for profit entity or an event of municipal, provincial, national or international significance.
“Private Event” means a private event is one which is not open to the public.
“Industry Promotional Event” means a private or public event intended for promoting a manufacturer’s product through sampling only.
“Outdoor Event” means an outdoor event is one at which any alcohol is consumed in an outdoor space (including pavilions or temporary structures).
“Event Organizer” means any person, who is 19 years of age or over, seeking to hold an event that involves the sale and / or service of alcohol at municipal premises. The Event Organizer (which term shall include the Special Occasion Permit Holder and any designate) are responsible for the safety and sobriety of people attending the event as well as compliance with this Municipal Alcohol Policy and the Liquor Licence and Control Act of Ontario and its regulations at the event. They assume responsibility and liability for the entire operation of the event. The Event Organizer MUST read and sign the Agreement Form for Special Occasion Permit Holder (Appendix B) to indicate that they understand their responsibilities
.“Event Worker” means any person, who serves or sells liquor, or is involved in an event where alcohol is served on municipal property. All event workers have a responsibility in the operation of the event and shall not consume or be under the influence of alcohol for the entire duration of the event. In addition to the Event Organizer and Permit Holder, Event Workers may include the following:
“Bartender/Server” means a paid/volunteer person(s) appointed by the Event Organizer, who is over the age of 18 and who has satisfactorily proven to the Event Organizer that she/he has been certified by a Server Training Program recognized by the AGCO.
“Door Monitor” means a paid/volunteer person(s) appointed by the Event Organizer, who is over the age of 18 and who has satisfactorily proven to the Event Organizer that she/he will act in accordance with the MAP.
“Floor Supervisor” means a paid/volunteer person(s) appointed by the Event Organizer, who is over the age of 18 and who has satisfactorily proven to the Event Organizer that she/he will act in accordance with the MAP.
“Ticket Seller” means a paid/volunteer person(s) appointed by the Event Organizer, who is over the age of 18 and who has satisfactorily proven to the Event Organizer, that she/he will act in accordance with the Municipal Alcohol Policy. A Ticket Seller sells alcohol tickets to a maximum of five (5) per person per purchase, monitors for intoxication and underage drinkers, refuses sale to patrons at or near intoxication, refunds tickets on request.
“Liquor Licence and Control Act (LLCA)” means liquor licence act which outlines the laws regarding the sale and service of alcohol. It is the responsibility of the Event Organizer to know and understand this legislation.
“Licensed Security” means security personnel monitoring entrances and patrolling licensed areas must be licensed under the Private Security and Investigative Services Act, to ensure the safety and security of the establishment, its employees and patrons.
“Municipal Alcohol Policy (MAP)” means a local policy for municipalities to manage events held at municipally-owned facilities and properties when alcohol is sold and / or served.
“Municipal Properties” means all municipally owned or leased lands, buildings and structures.
“Municipal Representative” means Township of Champlain staff or a designate that attends and monitors the event on behalf of the Municipality and ensures all components of the MAP are met.
“Municipally Significant Events” means a Public Event. Public Event permits can be issued for events of “municipal significance”. In order to be deemed an event of municipal significance, it requires a designation by the municipality in which the event will take place. Special Occasion Permit applications for a municipally significant Public Event must be accompanied by either a municipal resolution or a letter from a delegated municipal official designating the event as municipally significant.
See Appendix E – Flow Chart“Religious Function” means a religious occasion does not include events like a “stag and doe”, anniversaries or birthdays.
“Server Training Program” means a certificate training program for serving alcohol that is approved by the AGCO. Server training is required by staff and volunteers who work in areas where alcohol is sold and/or served (e.g. Smart Serve Ontario)
“Special Event” means an organized gathering for the primary purpose of supporting a community, cultural, charitable, educational, food and beverage, sport related experience. A special event is held on a temporary basis and has a consistent theme and/or purpose and where the guest attendance is over 200 persons.
“Special Occasion Permit (S.O.P.)” means a liquor licence issued by the AGCO for one-time social events where alcohol will be sold and / or served outside of a residence, a private place or a licensed establishment.
“Special Occasion Permit Holder” means an individual who signs the application for a Special Occasion Permit to sell and / or serve alcohol. A S.O.P. Holder can assign a designate. A designate is a person(s) appointed by the S.O.P. Holder, acceptable to the Township of Champlain who is over the age of 19 and who has satisfactorily proven to the S.O.P. Holder that she / he will act in accordance with the MAP. The Event Organizer, the S.O.P. Holder and / or designate are responsible for the safety and sobriety of people attending the event as well as compliance with the Municipal Alcohol Policy and the Liquor Licence and Control Act of Ontario and its regulations at the event. They assume responsibility and liability for the entire operation of the event.
Policy1. General Provisions1.1. Application of PolicyThe objectives of the Municipal Alcohol Policy (MAP) are as follows:
2. Policy Regulations2.1. Regulation 1 - Municipal Facilities with a Permanent Liquor Licence2.1.1. The Vankleek Hill Community Centre Hall, Lobby, Rink Surface and Seating area are licensed with a permanent liquor license. This license also has a Catering Endorsement, which allows the municipality to sell and serve alcohol at a catered event in a non-licensed premise where a Special Occasion Permit would otherwise be required. Rationale: The hall area of the Community Centre is equipped with a modern kitchen and separate bar area and is suitable for events with up to 279 people. It is handicapped accessible with a handicap lift. The lobby area is more suitable for small groups and is licensed for up to 138 people. The Rink Surface (when there is no ice) and Seating are suitable for larger events. The areas combined are licensed up to 300 people (calculated based on exit doors and lavatories). 2.2. Regulation 2 - Municipal Facilities Eligible for Caterer’s Endorsement Events2.2.1. The Chalet Abri in L’Orignal is designated as a facility suitable for Caterer’s Endorsement events. Rationale: The room offers sufficient space for a moderate gathering. The building is only one floor and is therefore accessible. Alcohol can be served from the kitchen area. 2.2.2. Mill Street Park in Vankleek Hill and L’Orignal Park are designated as suitable for Caterer’s Endorsement events.Rationale: These parks have suitable areas to accommodate a licensed event. 2.2.3. The Town Hall Council Chambers can be suitable for Caterer’s Endorsement events however solely for private ‘Wine and Cheese’ type events. Rationale: This workplace is obviously not suitable for drinking alcohol because the public must access the premises to avail themselves of the services of the Township however after businesses hours, private wine and cheese events are suitable. 2.3. Regulation 3 - Municipal Facilities Not Eligible for the Consumption of Alcohol2.3.1. The Vankleek Hill Arena dressing room areas are designated as unsuitable for the consumption of alcohol. Rationale: There is a history of alcohol consumption in dressing rooms by sports teams using the arena. This is intended to serve notice that the consumption of alcohol is not permitted in the dressing rooms. 2.3.2. The tennis courts in Vankleek Hill and L’Orignal are designated as unsuitable for the consumption of alcohol. Rationale: These areas are reserved for play. 2.3.3. Woodhills Park, Vankleek Hill Town Square, Miner Park, Desjardins Park, Sacha’s Park, and Laurier-Pilon Park are all designated as unsuitable for the consumption of alcohol. Rationale: These areas do not have access to washrooms, sufficient parking and most are geared solely towards Children and Youth therefore they are not suitable for alcohol consumption. Furthermore, these areas do not have regular staff onsite to ensure sufficient supervision. 2.3.4. Mill Street Park (playground area, baseball diamond when a game is in play), L’Orignal Park (baseball diamond area when a game is in play, playground and beach area) are all designated as unsuitable for the consumption of alcohol through a Special Occasion Permit. Rationale: These areas are reserved for play and mostly geared towards Children and Youth and therefore unsuitable for alcohol consumption when an Event Organizer is responsible for the event. 2.3.5. The fire halls and municipal garages are designated as unsuitable for the consumption of alcohol. Rationale: These are emergency service workplaces where vehicles, tools and machinery are located and drinking alcohol on these premises could result in injury. 2.3.6. The Township Hall is designated as unsuitable for the consumption of alcohol. Rationale: These workplaces are obviously not suitable for drinking alcohol because the public must access the premises to avail themselves of the services of the Township. However private wine and cheese type events are accepted under a Caterer’s Endorsement solely in the Council Chambers area. 2.3.7. The Vankleek Hill Arena Floor Surface (when ice is present) is designated as unsuitable for the consumption of alcohol. Rationale: An ice surface is intended for sports activities, and it is obviously not appropriate to mix alcohol consumption and sports. As well as all other municipally owned facilities, buildings and properties not specifically designated as eligible for alcohol service and consumption. 2.4. Regulation 4 - Events Not Eligible for the Consumption of Alcohol2.4.1. Street parties are designated as not normally suitable for the consumption of alcohol. Rationale: Street parties would be difficult to supervise. However, an exception could be made in the case of a sanctioned municipally significant event in a clearly designated and restricted area. 2.5. Regulation 5 - Youth Admittance to Adult Events2.5.1. To be eligible to rent a municipal facility for a licensed event in the case of a family occasion, the Event Organizer must agree that persons under the legal drinking age shall be supervised by responsible adults to ensure they do not consume alcoholic beverages. Rationale: There is a high risk of underage consumption when youth are admitted to adult events where alcohol is served, therefore, supervision is required. It is preferable to run social events for young people where they can enjoy safe and alcohol-free activities. Young participants should not be excluded from a wedding or anniversary banquet; however, it is understood that underage participants will not be provided with alcohol. 2.6. Regulation 6 - SignsThe following signs shall be prominently displayed in both French and English in permanent license and in S.O.P. designated facilities: 2.6.1. Statement of Intoxication - The following statements will appear on a wall sign located in the bar area: “IT’S THE LAW”Servers are prohibited from serving underage participants and intoxicated persons, or to serve anyone who appears to be at the point of intoxication.Adequate proof of age may be required.Ask your server about safe transportation options! Rationale: In Ontario, it is illegal for anyone to serve a person to the point of intoxication. Signs provide authoritative support to servers and supervisors should they have to refuse service to consumers approaching the point of intoxication. This message is consistent with Regulation 8 which requires a sufficient quantity of non-alcoholic beverages. Also, it indicates that the Event Organizer is aware of the Liquor License and Conditions Act of Ontario and the Municipal Alcohol Policy and is consistent with the AGCO S.O.P. application which states that "the holder of the S.O.P. and the facility owner are jointly responsible for the “safety and sobriety of the people attending the event.” 2.6.2. Accountability - a sign with the emergency telephone numbers of the Fire Department, Ambulance, Police will be posted near the bar. Rationale: Although informed of the date, time and place of S.O.P. events in their area, police do not always have the time to drop in. The Liquor License inspector is located in Cornwall, 80 km away, and is unable to check in on all S.O.P. functions. This sign informs the participants that there is a procedure for lodging complaints even if enforcement personnel are not present at the event. 2.6.3. Responsibility - a warning sign containing the prescribed information that cautions women who are pregnant that the consumption of alcohol during pregnancy is the cause of Fetal Alcohol Spectrum Disorder (Sandy's Law). Rationale: Reducing the risk to unborn babies is a moral and legal responsibility of the municipality. 2.7. Regulation 7 - Server Training2.7.1. To be eligible to rent a municipal facility, those serving alcohol must have successfully completed a Smart Serve Ontario Program. A list of trained individuals will be provided to the Municipal Representative. The number of Smart Serve Ontario trained personnel at an event must be at least one for each 100 in attendance. This minimum may be added to at the discretion of the Director of Parks and Recreation. Rationale: Reducing the risk of litigation requires not only the components of policy and procedures, but also the recruitment of appropriately trained supervisors and servers. The municipality is morally obliged to inform volunteers and/or the permit applicant of the potential for litigation and to provide them with the tools to avoid such proceedings. 2.8. Regulations 8 - Provide Non-Alcohol Drinks2.8.1. In order to be eligible to rent a municipal facility, the Event Organizer must make Non-alcoholic beverages available at a cost significantly lower than that of drinks containing alcohol. Rationale: 1½ oz. of spirits, 5 oz. of table wine and 12 oz. of 5% beer all contain equal amounts of pure alcohol. Non-alcoholic drinks reduce the consumption of absolute alcohol, reduce the likelihood of intoxication and permit participants to socialize throughout the event without becoming intoxicated. The Liquor License and Control Act requires that a variety of brands be offered and that licensed premises must have lists or signs prominently displayed which indicate the varieties and prices of alcohol and Non-alcoholic beverages available. The availability of Non-alcoholic drinks reduces the likelihood of impaired driving. The availability of Non-alcoholic drinks supports the designated driver program. 2.9. Regulation 9 - Safe Transportation2.9.1. Prior to receiving rental privileges of municipal facilities for S.O.P. events, Event Organizers must be prepared to offer alternative transportation, such as:
2.10. Regulation 10 - Alcohol Advertising2.10.1. Advertising and posters which promote the use of alcohol are prohibited in all municipal facilities. Rationale: Alcohol advertising is designed to encourage and promote the consumption of alcohol. Since it is illegal for people under the age of 19 to consume these products, it is preferable not to use alcohol advertising in areas frequented by young people. Promotion of alcohol products is inconsistent with the municipality’s desire to provide a positive example to underage participants who use recreational facilities. 2.11. Regulations 11 - ControlsIn order to be eligible to rent a municipal facility for a S.O.P. event, the Event Organizer must demonstrate, to the satisfaction of the Parks and Recreation Department, that the Municipal Alcohol Policy is understood, that the regulations will be strictly observed, and that sufficient controls are in place which will assist in ensuring compliance to the policy. These controls will include the following: 2.11.1. The Event Organizer must provide a list of event workers to the Parks and Recreation Department at least two weeks prior to the event along with each worker’s SMART SERVE registration number. 2.11.2. The Event Organizer must provide proof of holding liability insurance, minimum of two million dollars, for the event. 2.11.3. The Event Organizer must obtain a S.O.P. from the Alcohol and Gaming Commission of Ontario and must show proof of this to the Parks and Recreation Department at least seven (7) days prior to the event. 2.11.4. The Event Organizer must ensure that all entrances/exits are properly monitored to enforce that alcoholic beverages remain within the licensed area. 2.11.5. The only acceptable forms of identification as proof of legal drinking age will be the photo I.D. Card issued by the AGCO, a Canadian Citizenship Card, a photo Driver’s License, a passport, or armed forces I.D. 2.11.6. The person who signs the S.O.P. application and Rental Agreement must attend the event and be responsible for making decisions regarding the operation of the event. 2.11.7. The Event Organizer or his/her designate, is responsible for decision making during the event and therefore must refrain from consuming alcohol while the event is in progress. 2.11.8. All Event Workers and official event volunteers must refrain from consuming alcohol while the event is in progress. 2.11.9.The Event Organizer, or his/her designate, must prevent patrons from engaging in activities that can harm them or others. 2.11.10. It is recommended that drinks be served in disposable cups. 2.11.11. An authorized Municipal Representative, or his/her designate, has the right to enter any S.O.P. event and take control if he/she feels that it is necessary at the time. 2.11.12. The licensees must abide by the rules of the Municipal Alcohol Policy as enforced by the municipal representative. 2.11.13. Marketing practices, which encourage increased consumption, such as oversize drinks, double shots of spirits, pitchers of beer, drinking contests and volume discounts are not permitted. 2.11.14. If tickets are sold, they must be purchased from a designated ticket seller and redeemed at the bar, with a maximum of five (5) tickets per purchase. 2.11.15. Unused tickets are to be redeemable for cash on demand at any time during the event. 2.11.16. The Municipality reserves the right to require the presence of police officers for the duration of an event, the cost of which will be borne by the sponsoring group or individual. 2.11.17. There will be no last call. 2.11.18. A free bar event must have Smart Serve trained servers and floor supervisors. 2.11.19. All event workers must wear highly visible identification (name tag with “Staff” printed on it). 2.11.20. Whenever possible, Police will be notified by the Director of Parks and Recreation, or his/her representative, of a potentially risky situation before the situation is out of control. 2.11.21. To reduce the risk of intoxication and the rate of consumption, staff shall encourage patrons to consume food, low alcohol beverages and Non-alcoholic beverages. 2.11.22. The number of Smart Serve trained personnel at an event will be set at the following minimums and may be added to at the discretion of the Municipality:
2.11.23. During regular licensed events and events run under the Caterer’s Endorsement the bar will stop service no later than 1:30 a.m., but for New Year’s Eve the bar area shall stop service no later than 2:30 a.m. 2.11.24. All entertainment must be completed by 1:30 a.m. or 2:30 a.m. on New Year’s Eve. 2.11.25. Facilities must be vacated by 2:45 a.m. or 3:45 a.m. on New Year’s Eve. 2.11.26. For S.O.P events the bar will stop service no later than 1:00 am or 2:00 am on New Year’s Eve. All entertainment must be completed by 12:30 a.m. or 1:30 a.m. on New Year’s Eve. 2.12. Regulation 12 - Insurance2.12.1. Required to provide proof, at least 14 days prior to the event, that they have purchased a minimum of two million dollars in liability insurance and that the Township of Champlain is named as co-insured.Groups and individuals who rent licensed municipal facilities must also obtain their own liability insurance for the event. Information on insurance brokers who specifically deals with this type of insurance, can be provided by the Director of Parks and Recreation Department to the renter at the time of booking. Rationale: By insisting on insurance, potentially risky groups may be discouraged from sponsoring events since they may be unable to obtain insurance. Case law indicates that judges and juries are sympathetic towards the injured plaintiff. S.O.P. permit holders, hall owners, club executives and volunteers could all be named in a lawsuit. Municipalities can be held jointly liable and could end up paying the predominant share of an award to a plaintiff should the Event Organizer be uninsured. Many volunteers at SMART SERVE training events were unaware of their liability in cases where alcohol has been consumed at an S.O.P. function. Many volunteers at SMART SERVE training events were unsure of their individual coverage and/or their group’s coverage. 2.13. Regulation 13 - Policy Monitoring and Revisions2.13.1. The Municipality shall annually review this policy in conjunction with resource persons based on the experiences learned or encountered by the Parks and Recreation Department personnel and/or volunteers and resource persons. Any necessary revisions shall be presented to Council for approval. Rationale: Permits policy to be changed to meet changing community needs, adding new facilities and new program demands. As the policy is implemented, procedures requiring adjustments for improvement can be suggested. Permits adjustments to any future changes in the Liquor License and Controls Act of Ontario. 3. Important - Failure to ComplyIndividuals and/or groups who fail to comply with the Municipal Alcohol Policy shall be subjected to the following consequences:
Second Infraction: Team will lose their next scheduled ice time and will still be billed for it.
Third Infraction: The team will lose their scheduled ice time for the rest of the season.
Second Infraction: Individual will be suspended from all functions for a period of six (6) months. A registered letter will be sent by the Director of Parks and Recreation.
Third Infraction: One year suspension from ALL functions at the municipally owned facility and/or park. After the one-year suspension is up the individual will require the approval of the Director of Parks and Recreation to participate in any functions at municipally owned facilities and/or parks.
Adoption and Revision History
Appendix A - Guidelines for Special Occasion Permit HoldersAs the contact person for a Special Occasion Permit, you and your group can be held liable for injuries and damages arising from failure to the Liquor License Control and Act of Ontario. These infractions include serving someone to intoxication, serving someone who is already intoxicated, serving minors, and failing to prevent impaired individuals from driving. To reduce your group’s risk of liability, the following guidelines should be adopted.
Appendix B - Agreement Form for Special Occasion Permit HolderFor the Agreement Form, please email the Director of Parks and Recreation. Appendix CHow to operate the establishment according to the Liquor License and Control Act of Ontario, as a license holder or Special Occasion Permit holder: Don't
Do
Appendix DMunicipal facilities and property NOT eligible for Special Occasion Permits*
Municipal facilities and property eligible for Special Occasion Permits and Caterer’s Endorsements
*A request for an exception can be made to allow for an S.O.P. in a municipal property deemed not suitable for alcohol consumption. A written request specifying the reasons for the exemption must be submitted for Council’s approval at least six (6) week |
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Parks By-Law (2020-65) |
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By-Law:2022-65 WHEREAS The Corporation of the Township of Champlain owns, operates and maintains parks in the Township of Champlain; AND WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25 provides a municipality the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001 c. 25 as amended, a municipality may pass by-laws respecting matters within the spheres of jurisdiction, namely culture, parks, recreation and heritage; AND WHEREAS Sections 23.1, 23.2, 23.3 and 23.5 of the Municipal Act, 2001, S.O. 2001, c.25 authorize a municipality to delegate certain powers and duties; AND WHEREAS Sections 444 and 445 of the Municipal Act, 2001, S.O. 2001, c.25 provides that where a municipality is satisfied of a contravention of a by-law that the municipality may make an order to discontinue or correct the contravention of the by-law; AND WHEREAS Section 35 of the Liquor License Act R.S.O. 1990, c. L-19 as amended, provides that the council of a municipality may by by-law designate recreational areas within the municipality owned or controlled by the municipality as places where possession of liquor is prohibited. AND WHEREAS Section 61 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, provides that except where otherwise provided by law, every person who is convicted of an offence under a municipal by-law is liable to a find of not more than $5,000; AND WHEREAS Section 2 of the Trespass to Property Act, R.S.O. 1990, c. T.21, provides that every person who engages in an activity on a premise when the activity is prohibited or does not leave the premise immediately after he or she is directed to do so by the occupier of the premise or a person authorized by the occupier may be found guilty of an offence and liable to a fine of not more than $10,000; AND WHEREAS Council deems it appropriate to enact a by-law to prohibit and regulate activities at parks and to protect these lands on behalf of the public interest; NOW THEREFORE the Council of The Corporation of the Township of Champlain enacts as follows: TITLE: This By-law shall be known and may be cited as the Parks By-law. Section 1 - Design of Properties1.1. The property more commonly known as the “Mill Street Park” and being more appropriately and legally described as being parts of Lots 3 and 5 and Lot 4, Plan 35 including Part 1 of Reference Plan 46R2257 in the geographic Town of Vankleek Hill now in the Township of Champlain, County of Prescott and Province of Ontario; 1.2. The property more commonly known as the “Woodhills Park” and being more appropriately and legally described as being Block F of Plan M29 in the geographic Town of Vankleek Hill now in the Township of Champlain, County of Prescott and Province of Ontario; 1.3. The property more commonly known as “Vankleek Hill Town Square” being more appropriately and legally described as being Part of PIN 54159-0310(LT) being Part of Lot 59 North Side Main Street, Registered Plan No. 35, formerly in the Town of Vankleek Hill, now in the Township of Champlain, in the County of Prescott, designated as Part 1 on Plan 46R-7822; 1.4. The property more commonly known as the “Laurentian Park” and being more appropriately and legally described as being Block A of Plan M33 and Block A of Plan 227 in the geographic Township of West Hawkesbury now in the Township of Champlain, County of Prescott and Province of Ontario; 1.5. The property more Commonly known as the “Miner Park” and being more appropriately and legally described as being part of the west one-half of Lot 1, Concession 1 in the geographic Township of West Hawkesbury now in the Township of Champlain, County of Prescott and Province of Ontario and designated as being Part 1 of Reference Plan 46R2986, Lots 26 and 27 of Plan 234; 1.6. The property more commonly known as the “Laurier-Pilon” and being more appropriately and legally described as being Plan 15 Lot 16 and 17 in the geographic Village of L’Orignal now in the Township of Champlain, County of Prescott and Province of Ontario; 1.7. The property more commonly known as the “L’Orignal Marina” and being more appropriately and legally described as being Part of Farm Lot 11, Plan 15 in the geographic Village of L’Orignal now in the Township of Champlain, County of Prescott and Province of Ontario; 1.8. The property more commonly known as the “L’Orignal Municipal Park” and being more appropriately and legally described as being Part of Farm Lot 11, Plan 15 in the geographic Village of L’Orignal now in the Township of Champlain, County of Prescott and Province of Ontario; and 1.9. The property more commonly known as “Sacha’s Park” being more appropriately and legally described as being Property Identifier Number (PIN) 54142-0995 being Lot 9, Plan 46M-112, in the Township of Champlain, in the County of Prescott and Province of Ontario. Section 2 - Definitions“Authorized sign” means any sign, notice, or other device placed or erected in or upon a park by the Township. “Council” means the Council of the Township of Champlain. “Electric vehicle” means a vehicle that may be powered through a collector system by electricity from off-vehicle sources, or may be self-contained with a battery, solar panels or an electric generator to convert fuel to electricity. This includes, but is not limited to, road and rail vehicles, surface and underwater vessels, electric aircraft and electric spacecraft. “Liquor” means spirits, wine and beer or any other alcoholic beverage. “Motorized Recreational Vehicle” means a snowmobile, go-cart, trail bike, mini bike, all-terrain vehicle, or similar vehicle, propelled by an internal combustion engine. “Officer” means a Municipal Law Enforcement Officer, a Police Officer or other person appointed by by-law to enforce the provisions of this by-law. “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 wear a uniform. “Park” includes all land owned or operated by or belonging to the Township of Champlain used for park or recreational purposes including but not limited to green spaces, trails, walkways, beaches, beach accesses, sports fields, wooded areas and all portions thereof owned by or made available by lease, agreement, or otherwise to the Township, that is or hereafter may be established, dedicated, set apart or made available for the use as a public open space, including any buildings, structures, facilities, erections and improvements located in or on such lands. “Parking area” means a part of a park that is designated for the parking of motor vehicles. “Permission or permit” means the express prior written permission of the Council or the Parks and Recreation Director and in accordance with the rules and conditions set out in a contract or permit issued or as posted in the park. “Person” means any human being, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executors or other legal representatives of a person to whom the context can apply, according to law. “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. “Service animal” includes a guide dog and other trained service animal identifiable by a harness and used principally to assist persons with a visual, hearing or other disability or impediment. “Township” means The Corporation of the Township of Champlain. “Vehicle” means a vehicle as defined under the Highway Traffic Act, R.S.O. 1990, c.H.8, as may be amended from time to time, and includes any carriage, wagon, sleigh, toboggan, or other vehicle or conveyance of every description, but does not include a baby carriage or cart, child's wagon, child's sleigh, child’s stroller or other conveyance of like nature, wheelchair or other similar device used by an individual due to a disability. “Vendor” means anyone with a retail-vending license selling refreshments or goods of any type for public use or consumption. “Watercraft” means any device for the conveyance in or on water and includes but is not limited to boats, row boats, sail boards, canoes, kayaks, or dinghies. Section 3 - Scope3.1 The parks of the Township are for the benefit and pleasure of all persons who shall be subject to the rules and regulations passed thereto. 3.2 Properties set aside as a park by the Township are to be used for the rest, recreation, pleasure, amusement, enjoyment and benefit of the public and it is desirable to prevent any person from interfering with the enjoyment by the public of such use. 3.3 Parks users are subject to all applicable Municipal By-laws and all Provincial and Federal laws and regulations and all persons contravening any By-law or law may be required to leave any park. Section 4 - Administration4.1 he Director of Parks and Recreation shall be responsible for the administration of this By-law. 4.2 The Director of Parks and Recreation shall:
4.3 The Director of Parks and Recreation may, in writing, delegate any or all of the powers conferred on the Director of Parks and Recreation by this By-law to any person or persons the Director of Parks and Recreation considers advisable. 4.4 The Director of Parks and Recreation may authorize the formalization and execution of contracts to permit:
4.5 The Director of Parks and Recreation may as he/she deems necessary for the administration of parks, preservation and protection of parks and amenities, and to ensure public safety:
Section 5 - Park Hours5.1 All municipal parks shall be closed and remain closed to the public on each day of the week from April 16 to October 31 between the hours of nine (9) o’clock p.m. and eight (8) o’clock a.m. the following day and parks will be closed for public use from November 1st to April 15. Hours of operation may be exempt for scheduled games, activities or community events, valid and current leaseholders at the L’Orignal Marina, the L’Orignal Campground in the L’Orignal Municipal Park, or other posted schedules (i.e outdoor rinks) or other activities which have been authorized by resolution of Council or in writing by the Director of Parks and Recreation. 5.2 No person shall enter into or remain in a facility when the facility is closed to the public, unless authorized by the Director of Parks and Recreation. 5.3 No person shall allow a vehicle to remain in a park during any period when a park is closed except for current leaseholders at the L’Orignal Marina and L’Orignal Campground in the L’Orignal Municipal Park. Section 6 - Conduct6.1. Conduct in parkWhile in a park, no person shall:
6.2. Restricted AreasWhile in a park, no person shall enter into an area in a park where it is posted to prohibit or restrict admission to the public. 6.3. Destruction or Abuse of Property and EquipmentWhile in a park no person shall:
6.4. Destruction or Abuse of Trees, Plants, Flowers, Shrubs and GrassWhile in a park, no person shall:
6.5. Littering, Polluting, DumpingNo person shall in any park:
6.6. Restrictions on Glass ContainersNo person shall consume from or use glass containers in any Park. 6.7. Explosives, Firearms and WeaponsWhile in a park, no person shall:
6.8. Disorderly BehaviourNo person shall in any park:
6.9. Smoking and VapingSmoking and Vaping is governed by the Smoke-Free Ontario Act, 2017 (SFOA, 2017) and any other smoking and vaping By-law enacted by the Corporation of the Township of Champlain. 6.10. AlcoholWhile in a park, no person shall consume, serve or sell alcoholic beverages unless authorized by the Municipality and with the approval of the Alcohol and Gaming Commission of Ontario. 6.11. Protection of WildlifeWhile in a park, no person shall:
6.12. EncroachmentUnless otherwise authorized by Permit or otherwise, 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 plantings, or planting, cultivating, grooming or landscaping thereon. Section 7 - Park Use7.1 Campfires and BarbequesWhile in a park, no person shall:
If using a propane barbeque, it must be set at least 10 feet from any combustible structures, objects, vegetation and overhanging branches of trees. 7.2 Organized Gatherings and PicnicsWhile in a park, no person shall:
7.3 Amplifiers and Loud SpeakersWhile in a park no person shall:
7.4 Camping and LodgingUnless authorized, no person shall dwell, camp, or lodge in a park. 7.5 Tents and StructuresUnless authorized, no person shall place, install, erect or park any temporary or permanent tent, shelter, structure, or trailer in any park. 7.6 Bathing, Swimming and Sun BathingNo person shall swim, bathe, or wade in any fountain, pond, river or stream in any park, except in a designated area. 7.7 SkatingNo person using a skating rink in a park shall:
Section 8 - Games Sports and Organized Activities8.1 Organized Sports or ActivitiesWhile in a park, no person shall:
8.2 Golfing and ArcheryWhile in a park, no person shall play or practise golf or archery except in a designated area. 8.3 Model Aircraft and RocketsWhile in a park, no person shall operate powered models of aircraft, rockets, watercraft or vehicles unless authorized by permit. 8.4 Skiing, Tobogganing and SleddingNo person shall ski, toboggan, snowboard, skibob or sled in any area in any Park except in a designated area. 8.5 Roller Skates, Roller Blades and SkateboardsWhile in a park, no person shall:
8.6 Tennis / Pickle BallNo person shall enter, walk, or play upon a designated area for tennis/pickle ball in any park except in accordance with the posted rules and regulations. Section 9 -Vehicles9.1 Roadways
9.2 ParkingNo person shall, in any Park:
9.3 Other ActivitiesNo person shall make use of any roadway or designated area for parking in any park for:
9.4 Bicycles and Electric BicyclesWhile in any park, no person shall:
9.5 Motorized Recreational VehiclesNo person shall ride, drive, be in possession or control of, or leave a motorized recreational vehicle in any Park except in a designated area. 9.6 Trucks and Commercial Motor VehiclesNo person shall drive, operate, pull or ride in any park:
9.7 SpeedUnless authorized, while in a Park no person shall operate:
Section 10 - Animals10.1 Unless authorized, no person shall bring any animal into any Park, including a horse, or pony, except a domesticated animal which includes, but is not limited to, a dog or a cat. 10.2 While in a Park, no person as owner or person having control of any dog or cat or other domesticated animal shall:
10.2.1 While in a park, every person as owner or person having control of any dog, or cat or other domesticated animal shall:
10.2.3 Council may establish areas within any park as Leash Free Zones. 10.2.4 While a dog or cat or other domesticated animal is in an area designated as a leash free zone as designated by Council, every person as owner or person having control of a dog, cat or other domesticated animal shall:
10.3 No person as owner or person having control of a dog or cat or other domesticated animal shall bring in or permit such dog or cat or other domesticated 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 and the owner and/or the person having control of the dog or cat or other domesticated animal has previously been advised by a police officer, provincial offences officer, municipal law enforcement officer or employee of the municipality to administer this By-law not to bring the dog, or cat or other domesticated animal into a park or has been convicted of an offence related to the conduct of the dog, or cat, or other domesticated animal under the Dog Owners Liability Act, R.S.O. 1990, c.D-16, or this By-law or any other municipal By-law. Section 11 - Watercraft11.1 BoatingNo person shall place, operate, drive or ride any watercraft in any Park in any area unless posted otherwise. 11.2 Mooring11.2.1 Unless authorized, no person shall, subject to any right at law to do so, moor watercraft in any park:
11.2.2 Notwithstanding anything in this section, motorized watercraft are only allowed to launch from the L’Orignal Marina or the L’Orignal Park (designated area), and otherwise they must be, at all times, at least 30 metres from the shoreline of any park or swimming areas. Section 12 - Commercial Entreprises12.1 Sale of Merchandise, Trade or Business12.1.1 Unless authorized, no person shall, while in a park, sell or offer or display for sale:
12.1.2 Unless authorized, no person shall, while in a park, practise, carry on, conduct or solicit for any trade, occupation, business, profession or charity. 12.2 Filming and VideotapingWhile in a park, no person shall take or permit to be taken for remuneration any film, photograph, videotape, or television broadcast unless;
12.3 Circulars and AdvertisementsUnless authorized, no person shall:
Section 13 - Indemnification13.1 The applicant for a permit to access any park shall indemnify and save harmless the Township of Champlain from any and all claims, demands, causes of action, losses, costs or damages that the Township of Champlain may suffer, incur or be liable for resulting from the use of the park, whether with or without negligence on the part of the applicant or the applicant’s employees, directors, contractors and agents. 13.2 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 permits or any other provisions of the by-law. Section 14 - Obstruction14.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. 14.2 Any person who has been alleged to have contravened any of the provisions of this by-law, shall identify themselves to the Officer upon request, failure to do so shall be deemed to have obstructed or hindered the Officer in the execution of his/her duties. Section 15 - Offences and Penalties15.1 Every person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter P.33. 15.2 Where a person has been convicted of an offence under this By-law:
15.3 Every person who acts in contravention of this By-law so as to cause the Township of Champlain to incur costs due to his or her actions shall, in addition to any penalty provided for herein, be liable to the Township of Champlain for 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. Section 16 - Severability and Enactment16.1 If any court of competent jurisdiction declares any section or part of this by-law to be invalid, such section or part of a section thereof shall be deemed to be severable and all other sections or parts of this By-law shall be deemed to be separate and independent there from and to be enacted as such and the remainder of the by-law shall be valid and shall remain in force. 16.2 This By-law repeals by-law No. 2018-43 16.3 This By-law shall come into force and effect upon being passed. READ a first, second and third time, and duly adopted this 12 day of November, 2020. |
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