Outdoor Facility User Guide
Transcription
Outdoor Facility User Guide
Outdoor Facility User Guide 2016 A guide to the outdoor places and spaces in the Municipality of Clarington Table of Contents Table of Contents.................................................................................................................. 2 Outdoor Facility User Guide .................................................................................................. 4 Park Etiquette .................................................................................................................... 4 Purpose ............................................................................................................................. 5 Allocation ........................................................................................................................... 5 General Policies .................................................................................................................... 6 Smoking ............................................................................................................................ 6 Liquor ................................................................................................................................ 7 BBQ and Campfires .......................................................................................................... 7 Baseball Fields...................................................................................................................... 8 Sports Fields ......................................................................................................................... 9 Splash Pads ........................................................................................................................ 10 Skateboard Parks ............................................................................................................... 11 Gazebos ............................................................................................................................. 12 Rotary Park ..................................................................................................................... 12 Tooley’s Mill Park, Courtice ............................................................................................. 12 Orono Library .................................................................................................................. 13 Ina Brown Parkette, Newtonville...................................................................................... 13 Newcastle Village Community Hall .................................................................................. 13 Washrooms ......................................................................................................................... 14 Parking ................................................................................................................................ 14 Fees .................................................................................................................................... 15 Field Lights.......................................................................................................................... 16 Payments, Cancellations and Refunds ............................................................................... 17 Full Season Use .............................................................................................................. 17 Occasional Use ............................................................................................................... 17 Tournaments ................................................................................................................... 18 How to Apply ................................................................................................................... 18 Facility Permit Application ............................................................................................... 19 Field Closures ..................................................................................................................... 21 South Courtice - Artificial Turf Field .................................................................................... 22 Rules and Regulations .................................................................................................... 22 Special Events .................................................................................................................... 24 Inflatables ........................................................................................................................ 24 Special Events Permit Application ................................................................................... 25 Municipality of Clarington Mobile Accessible Stage ............................................................ 28 Rental of Mobile Accessible Stage: ................................................................................. 28 Mobile Accessible Stage Policies........................................................................................ 29 Rules and Regulations .................................................................................................... 29 Insurance......................................................................................................................... 30 Delivery and Set Up ........................................................................................................ 31 Weather Related Policies ................................................................................................ 31 Cancellation Policy .......................................................................................................... 32 Liability Policy .................................................................................................................. 32 Mobile Accessible Stage Rental Fee (DRAFT):............................................................... 33 Stage Rental Fee ......................................................................................................... 33 Rental Allocation Priorities: .......................................................................................... 33 Mobile Stage Rental Application ......................................................................................... 34 Parks Amenities Chart ........................................................................................................ 35 Parks By-law 2006-126 ....................................................................................................... 43 Outdoor Facility User Guide The Municipality of Clarington currently has over 106 hectares (262 acres) of developed parkland as well as an expanding trail network in the Bowmanville Creek Valley, the Soper Creek Valley and along the waterfront. Open space areas such as the Sydney B. Rutherford Woods Walk, the Bowmanville Creek Valley, the Samuel Wilmot Nature Area and Camp 30 provide excellent passive recreational opportunities. The Municipal parks system is comprised of: District parks District parks serve the entire Municipality such as Port Darlington East Beach Park. Community parks Community parks serve the needs of a series of neighbourhoods providing outdoor recreation facilities. Clarington Fields is a community park. Neighbourhood parks Neighbourhood parks serve the needs of surrounding residents. Typically built with new subdivision and provide playgrounds, walkways, seating areas, and may have an unlit sports field such as Rosswell Park and Longworth Park. Hamlet parks Hamlet parks provide recreational facilities for hamlets and the surrounding rural community. Park Etiquette We encourage you to respect and protect these lands at all times by following some basic tips. Obey all signs posted in the park Stay on designated trails and respect all trail users Put litter in its place in the containers provided. Do not put household trash in park garbage cans Keep dogs on leashes (unless you are in the leash free park) and do not let pets roam free Pick up your dog's waste - take it home and put it in your trash Leave wildlife alone - the Ontario Ministry of Environment has more information on living with wildlife Do not disturb, remove or plant vegetation Remember, encroachment on public property is prohibited 35TU U35T Your co-operation will help us to reduce maintenance costs and maintain the integrity of our greenspaces now and for future generations. Purpose The Municipality of Clarington schedules the use of various municipally owned or operated outdoor facilities by issuing “facility permits.” The purpose of a facility permit is as follows: Approves use of a specific facility for a defined purpose Ensures exclusive use of a specific facility by the permit holder on certain dates and times Assures that the facility will be prepared for the permit date and time Is an agreement, which binds the permit holder to certain conditions in return for the above provisions Allocation The Municipality of Clarington acknowledges the tax-based contribution provided by its residents toward the development and operation of recreation and sports fields, and recognizes that residents will always receive priority over non-residents in the allocation of outdoor facilities. Applications will be processed according to the following priority levels: 1. 2. 3. 4. 5. 6. 7. 8. Full Season youth league games Full season adult league games Youth league tournaments Adult league tournaments Single game requests Adult invitation tournaments Youth practices Adult practices Non-residential will be defined by the following: Any individual that does not reside within Clarington or a Clarington resident booking on behalf of a non-resident group or team; Any groups that are not affiliated with a Clarington Community Organization Any team/clubs that do not have regular schedule of seasonal field permits in Clarington. General Policies Smoking In January of 2015, the government of Ontario amended the Smoke Free Ontario Act to include the following amendments to the legislation: “Starting January 1, 2015, smoking is no longer allowed at publicly-owned outdoor sporting areas, spectator areas, sporting areas and public areas within 20 metres of any point of the edge of the sporting or spectator areas.” This applies to spaces: Owned by the province, a municipality, colleges and universities; Used primarily for sports such as soccer, football, basketball, baseball, beach volleyball or skateboarding; Open to the pubic whether or not a fee is charged to enter. “Starting January 1, 2015, smoking is no longer permitted on children’s playgrounds or in public spaces within 20 metres of a playground (“smoke-free area).” A children’s playground is: An area primarily used for children’s recreation and equipped with children’s play equipment such as: o Slides o Swings o Climbing apparatuses o Splash pads o Wading pools or o Sandboxes An area that is open to the public at no cost or for a fee It is the responsibility of the owner, operator or the person in charge to ensure that smoking laws are followed. They are required to: Give notice to the public that smoking is prohibited in the smoke-free area; Post “no smoking” signs at entrances and exits to the smoke-free area, in appropriate locations and in sufficient numbers, to ensure the public is aware that smoking is not permitted. Ensure that persons do not smoke in the smoke-free area. Ensure that a person who refuses to comply with the prohibition of smoking does not remain in the smoke-free area. You, as the permit holder, are considered the “person in charge” during your permitted date/time. Liquor Alcohol is not allowed at any outdoor Municipal facility unless authorized by the Alcohol and Gaming Commission of Ontario. Proof of licence will be required prior to the issuing of any permits. All Municipal policies regarding the sale and consumption of alcohol on municipal property must be adhered to. BBQ and Campfires Municipality of Clarington Parks By-Law 2006-126, Part III – Park Use, Section 11. Campfires and Barbecues states: While in any park, no person shall: a) Light, build, or stoke an open fire or bonfire unless authorized by permit; b) Use charcoal or solid fueled portable barbecues unless authorized by permit or where posted to allow same; c) Use fuel other than charcoal or briquettes in stationary barbecues; or d) Leave a barbeque or campfire without extinguishing the fire and ensure the embers are cold. Baseball Fields There are currently 27 baseball fields within the Municipality of Clarington. The following list shows the appropriate age classification for each diamond. Park Division Age Courtice West Park Highland Park Penfound Park Roswell Park Stuart Park Argent Park Bowmanville Memorial N Bowmanville Memorial S* Clarington Fields* Elephant Hill Park E/W Garnet B. Rickard Complex* Longworth Park Lord Elgin Park E/W Optimist Park Rhonda Park Soper Creek Park* Edward Street Park Harvey Jackson Memorial Orono Park Tyrone Park Burketon Park Pee Wee Mosquito Adult Mosquito Mosquito Adult Mosquito Adult 4 Adult diamonds Mosquito/Pee Wee 2 Adult diamonds Adult Mosquito Mosquito Mosquito/Pee Wee Adult Mosquito 2 adult Pee Wee Adult Adult 13 and under 11 and under *denotes lights available 11 and under 11 and under 11 and under 13 and under 11 and under 11 and under 13 and under 11 and under 13 and under Sports Fields There are currently 41 sport and soccer fields within the Municipality of Clarington. The following list shows the appropriate age classification for each field. Field Size Courtice Memorial Park Courtice Community Complex Courtice South Arena* Darlington Hydro Fields * Highland Park Penfound Park Roswell Park Zion Park (Mitchells Corners) Baseline Park Baxter Park Clarington Fields * Darlington Sports Centre (Hampton) Elliott Memorial Park (Hampton) Green Park Guildwood Park Optimist Park (Waverley Rd) Westside Drive Park Newcastle Memorial Park Pearce Farm Park Walbridge Park Solina Park Tyrone Park Burketon Park 1 mini 1 mini 1 adult & 1 artificial turf 3 adult & 2 mini 1 mini 1 mini 1 mini *denotes lights available 1 mini & 1 adult 1 mini 1 mini 1 multi, 2 adult & 2 mini 1 adult 1 adult 1 adult 1 adult 2 mini & 1 adult 1 adult 1 mini 1 adult 1 adult 2 adult 1 mini & 2 adult 1 adult & 1 mini Splash Pads There are 14 splash pads throughout the Municipality for your enjoyment. Splash pads are open daily from 10 a.m. to 8 p.m. These facilities will open the last week of June and close Labour Day weekend. All open/close dates are approximate and weather dependant. Splash pads are located at the following parks: Bowmanville Memorial Guildwood Park West Side Park Avondale Park Rosswell Park Pearce Farm Park Walbridge Park Harry Gay Park Baxter Park Harvey Jones Parkette Longworth Park Darlington Each Beach Park Orono Park Skateboard Parks There are four dedicated skateboard parks within the Municipality of Clarington: Rob Piontek Skatepark located at the Courtice Community Complex (Courtice) Carson Elliott Memorial Skatepark located at the Garnet B. Rickard Recreation Complex (Bowmanville) Darlington Sports Complex (Hampton) Orono Park (Orono) The skateboard parks are unsupervised. All boarders should be aware that they are using the park's facilities at their own risk. The Municipality of Clarington is not responsible for any losses, damages or injuries resulting from use of the skate parks. Come dressed with the proper safety equipment. Take turns and be courteous. Place garbage in the containers provided. Only use the park during posted hours of operations. Dry surfaces are safer. Avoid skateboarding on wet or icy surfaces. Gazebos Several locations throughout Clarington have gazebos available for your next special event or private function. Rotary Park Located in the heart of Bowmanville the gazebo at Rotary Park is ideally located for special events. 192 Queen Street, Bowmanville Tooley’s Mill Park, Courtice Located in the river valley off Old Kingston Road, just south of Highway 2 and west of Prestonvale Road, the park was originally the site of a mill built in 1874. 71 Old Kingston Road, Courtice Orono Library Located on the grounds adjacent to the Orono Library at 39 Pine Street, Orono Ina Brown Parkette, Newtonville Newtonville Mill Street, Newtonville, ON Newcastle Village Community Hall Located adjacent to the Newcastle Hall at 20 King Avenue, Newcastle Washrooms All users should be aware in advance of facilities where washrooms are available. We ask all groups to inform their members and especially visiting team members of the washroom status of the facility. Washrooms are available at the following locations: Courtice Community Complex* South Courtice Arena* Garnet B. Rickard Recreation Complex* Bowmanville Memorial Park Port Darlington East Beach Park Rotary Park Orono Park Solina Park * washroom availability subject to building operational hours Port-o-Potties are available at the following locations (seasonal): Harvey Jackson Memorial Park Soper Creek Park Garnet B. Rickard Recreation Complex Darlington Hydro Fields Clarington Fields Elephant Hill Park Rosswell Park Parking Facility users should be aware that parking space is limited in some locations. In recognition of this, all groups are asked to observe the following parking guidelines: 1. 2. 3. 4. Obey all ‘NO PARKING” signs; Do not park on or block private property; Consider forming car pools where possible; and Make use of any available nearby off-street parking. Fees Youth 2015 $7 per/hr 2016 $7.50 per/hr 2017 $8 per/hr 2018 $8.50 per/hr Adult $21 per/hr $22 per/hr $23 per/hr $24 per/hr Lights $35 per/hr or $36 per/hr or $37 per/hr or $38 per/hr or $75 per/evening $75 per/evening $75 per/evening $80 per/evening Baseball Tournaments $150 + light fee if required $150 + light fee if required $150 + light fee if required $150 + light fee if required Special Events $30 per/hr $30 per/hr $30 per/hr $30 per/hr NonResident $40 per/hr $41 per/hr $42 per/hr $43 per/hr NonResident Tournament $300 $300 $300 $300 per/field/per day per/field/per day per/field/per day per/field/per day + lights + lights + lights + lights Tournament fees apply to adult tournaments only Artificial Turf Field Youth 2015 $80 per/hr 2016 $81 per/hr 2017 $82 per/hr 2018 $83 per/hr Adult $115 per/hr $116 per/hr $117 per/hr $118 per/hr Lights NonResident $35 per/hr or $36 per/hr or $37 per/hr or $38 per/hr or $75 per/evening $75 per/evening $75 per/evening $80 per/evening $150 per/hr $155 per/hr $160 per/hr $165 per/hr Non-residential Fees will apply to: a) any individual that does not reside within Clarington or a resident booking on behalf of a non-resident group or team; b) Any groups that are not affiliated with a Clarington Community Organization; c) Any teams/clubs that do not have a regular schedule of seasonal field permits in Clarington. Tournament fees will include use of the field from 8 a.m. to 11 p.m. plus 2 field drags. Field Lights Use of lights on diamonds is accessed through a key lock/push button system. Leagues with scheduled games will be able to push the “on” button to activate the lights. If mechanical light failure or inclement weather conditions render the diamond unsuitable for use, contact the Operations Department at 905-263-2291 by the next business day. Groups not following this process will be charged for lights. Lights are available at the following field locations: Garnet B. Rickard Recreation Complex (2) diamonds Soper Creek (1) diamond Memorial Park South (1) diamond Clarington Fields (5) = 1 sports field, 4 diamonds Orono Park (1) diamond Kendal Community Park (1) diamond Hydro Fields (2) soccer South Courtice Arena 2 = (1) soccer (1) Artificial Turf Field Effective January 1, 2015 lights will be charged on the following schedule: Month On Off May 7:30 p.m. 11 p.m. June & July 8:30 p.m. 11 p.m. August 7:30 p.m. 11 p.m. September & October 6:30 p.m. 11 p.m. Lights at Soper Creek will be turned off by 10:30 p.m. Light times and fees will automatically be added to permit requests on the above noted schedule. Payments, Cancellations and Refunds Full Season Use 1. Payments may be made in cash, cheque or debit card. Cheques are to be made payable to the Municipality of Clarington. Payment can be made at Municipality of Clarington Administrative Centre, Finance Department, 40 Temperance Street, Bowmanville or at the Operations Depot 2320 Taunton Road, Hampton. Municipality of Clarington Leagues will be invoiced monthly if payment is not received prior to use. 2. Any request for a refund or usage fees arising from cancellation by the permit holder must be made in writing and received by the Operations Department a minimum of five (5) business days in advance of any date affected. Refunds will be issued after the final permit date. 3. The fee for all services, lights and fields, will be indicated on the permit at the start of the season. 4. PERMITS WILL NOT BE MAILED OR E-MAILED. If a permit is not signed for your league or group you will not have permission to use the facilities. Unauthorized use of permitted parks may result in loss of existing permit or By-Law Enforcement fines. 5. You will be advised on the availability and when to pick up your permits. Our office hours are Monday to Friday 8 a.m. to 3:30 p.m. – 7:30 a.m. to 3 p.m. during July and August. Our telephone number is 905-263-2291 or fax 905-263-4433; our email address is operations@clarington.net . 35T 35T 6. Schedules including playoffs shall be submitted to the Operations Department no later than May 1. 7. Permits not signed by May 15 will be re-allocated. To cancel this permit or a day on the permit the Operations Department must receive written notification no less than five business days prior to the date stated on the permit. Occasional Use 1. Payments may be made by cash, cheque or debit card at the Municipality of Clarington Administrative Centre, Finance Department, 40 Temperance Street, Bowmanville or at the Operations Depot 2320 Taunton Road, Hampton. 2. Any request for a refund or usage fees arising from cancellation by the permit holder must be made in writing and received by the Operations Department a minimum of five (5) business days in advance of any date affected. Refunds will be issued after the final permit date. 3. The fee for all services, lights and fields will be indicated on the permit. 4. PERMITS WILL NOT BE MAILED OR E-MAILED. If a permit is not signed for your league or group you will not have permission to use the facilities. Unauthorized use of permitted parks may result in loss of existing permit or By-Law Enforcement fines. 5. You will be advised on the availability when to pick up your permit. 6. Permits not signed and paid for five business days prior to date of use will be reallocated. Tournaments 1. Tournament fees must be paid a minimum of 10 business days prior to the event date and are due in full or the event will be cancelled. A schedule of games is also required at this time. 2. In the event that inclement weather forces alteration and/or cancellation of your tournament, you are required to give full details of your schedule revisions in writing, to the Operations Department within 48 hours. This will allow for appropriate fee adjustments to be made. If written notice is not received by the deadline tournament fees will not be refunded. How to Apply You must be 18 years of age or older to apply for a permit. To apply for the use of an outdoor facility you are required to complete a permit application form. The deadline for submitting applications for occasional usage, picnics, tournament and special event usage is one month in advance. The deadline for submitting full season usage is the first Friday in April. Applications received on or before the established deadline will be reviewed according to the criteria outlined on page 2. Applications for OCCASIONAL USAGE (other than tournaments and special events) must be submitted a minimum of five (5) working days prior to the date(s) being requested. When completing the permit application, the following must be indicated clearly and accurately: a) b) c) d) The number of ball diamonds/soccer fields, etc. required at each facility requested; The date and time(s) required at each facility; Whether or not you require the use of floodlights, where available; and Contact, name, address and telephone number. Note: Incomplete applications will not be processed. Operations Department Facility Permit Application Please Print Mail To: Operations Department Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Deliver To: Operations Department 2320 Taunton Road Hampton, ON L0B 1J0 Fax 905-263-4433 Purpose of Use: ___________________________________________________________ Facility Date(s) Time(s) Rental Rate Accommodation, Special Equipment & Privileges: Group Name: _____________________________________________________________ Contact Person: ___________________________________________________________ (Must be 18 years or over) Mailing Address: ___________________________________________________________ Phone Number: ___________________________________________________________ Alternate Contact: _________________________________________________________ Estimated Attendance: ______________________________________________________ The permit holder agrees to be responsible for payment of any applicable rental charge that becomes due to the Municipality of Clarington under this permit. Payment in advance with post-dated cheques due before permit date. The permit for facility and rental dates is valid only when an authorized representative of the Operations Department signs the application. Signature of person in charge: ______________________________________________ Date: ________________________ Operations Department Authorization: _______________________________________ Date Issued: _________________________ Terms and Conditions By signing this contract, the undersigned has read, understands and agrees to each of the terms and conditions listed below: 1. To comply with the regulations hereof and enforce such regulations. 2. To obtain and maintain in full force and effect, a commercial general liability insurance policy in the amount of at least TWO MILLION ($2,000,000) DOLLARS naming the Municipality of Clarington as an additional insured thereon. A certificate of insurance shall be provided to the Municipality of Clarington evidencing such coverage upon execution of the permit. 3. To indemnify and save harmless the Municipality of Clarington and its staff and agendas from any and all suits, demands, torts and actions of any kind which may be brought against its staff or agents, which may arise as a result of the Permit Holder’s use under this rental agreement. 4. To comply with all Federal, Provincial and Municipal laws and regulations at all times. 5. To provide competent supervision of the facility and section to which this contract applies. 6. To be responsible for all loss and/or damage arising out of the use of this facility or section. 7. That the keeping, use or sale of alcoholic beverages within the facility or section, except when specifically authorized by the Alcohol and Gaming Commission of Ontario (AGO) (formerly LLBO) and Municipality of Clarington is prohibited. 8. NOTE: Drinking in public parks without a license from the Alcohol and Gaming Commission of Ontario (formerly LLBO) is illegal. We ask that you and your organization promote a zero tolerance from alcohol at your events. In the event of alcohol being consumed during your permitted event the permit will be suspended for that night for the remainder of the season. 9. To comply with any orders and direction of the Operations Department Staff. Rowdiness, verbal or otherwise, will not be tolerated. 10. That no person shall use the facility except for the purpose specified herein. NO time, function, event or use shall be substituted without prior approval by the Operations Department. 11. To pay all associated charges relating to this permit. 12. That vehicles shall be parked in the designated spaces. 13. That this permit is not transferable. 14. That the Operations Department reserves the right to cancel any permit temporarily or permanently. 15. That this permit is not valid unless signed by the appropriate Director or authorized representative of the Operations Department. 16. To cancel this permit, the Operations Department must receive written notification no less than fifteen (15) business days prior to the date stated on the permit or all charges continue to apply. 17. To comply with and adhere to the Municipality of Clarington’s By-law 2006-126 dealing with the use, regulation, protection and governing of parks in the Municipality of Clarington. Signature: _____________________________________________________ Print Name: ___ Staff _____ Field Closures The field closure policy has been put in place to enhance the health and safety for users and to protect the conditions of the sports fields. Sports fields in the Municipality of Clarington will be considered unplayable if one of the following conditions exists: Pooling of water on the surface of the field/diamond Water sponging up around your feet when walking on the field/diamond Weather conditions Any risk related issue If one of these conditions occurs, the sports field or diamond will be considered unplayable and the field will be closed. The Municipality continues to have exclusive rights to cancel any games booked due to any reason deemed acceptable by the Municipality. Should teams arrive at a field and one of these conditions exist or develop during the course of play they are asked not to play on the sports field/diamond. Several factors should be considered, including the safety of the participants, the liability through accidents or injuries and the expense of sports field/diamond repairs and maintenance. If the permit holder ignores the unplayable conditions: 1. The permit holder may be required to pay for all damages to the sport field/diamond arising from the abuse to the facility; 2. The permit holder will be held liable and responsible for accidents or injuries incurred because of conditions; and 3. The permit holder may have their permit suspended or revoked for any future use of sports fields/diamonds. In the event of field closure, the Operations Department will make the determination not later than 2:30 p.m. An email notification will be sent to all user group representatives and individuals holding valid permits for that date and notification will be posted to www.clarington.net . Users should contact the Operations Department to make arrangements to reschedule cancelled dates on the next business day. In the event that rescheduling is not feasible, a credit for the date(s) affected will be issued. 35T 35T If any game(s) are cancelled due to weather conditions after 3 pm or during non-business hours users must notify the Operations Department within 48 hours of the required cancellation. Rescheduling or credits will be arranged. South Courtice - Artificial Turf Field To protect the field surface and to maximize the life of the field, every team official, player, spectator, and parent should be aware of the following rules and regulations for use of the artificial turf field. Coaches are responsible for the conduct and behaviour of players and spectators on the field. Rules and Regulations General: The facility is available to rent for approved uses only (ie: soccer, field lacrosse, football, rugby and ultimate Frisbee). No casual use is allowed. Facility users must not enter the field prior to their permitted time and should leave the field five minutes before their end time to allow transition between groups. Only players, officials and coaches are permitted on the turf. Animals are prohibited on the turf. Staff must be immediately alerted to any instance of blood or vomit on the field. Please call Clarington Operations at 905-263-2291. In case of after-hours emergency, please call 905-623-5126. Food and Beverage: Only water in non-breakable containers is permitted on the turf. No food is permitted on the turf, including gum, sunflower seeds and nuts. Turf Care: Staking of sharp objects (including flags, shade structures and tents) into the turf is prohibited. Marking, painting or taping on any surface is strictly prohibited. Substances that may stain the turf, such as ointments or sunscreen must be kept at player benches or outside the fenced area. Footwear on artificial turf fields must be moulded rubber cleats, turf shoes or running shoes. Metal cleats and screw-in plastic cleats are forbidden. The Artificial Turf Sport Field Rules and Regulations are in effect at all times and apply to everyone using the field. Permit holders will be liable for suspension of field privileges if the rules are not followed. Inclement Weather: The artificial turf fields are open rain or shine. Artificial turf fields will only close in an instance of thunder and/or lightning. In the event that thunder and/or lightning occurs prior to the contract start time, Operations staff will disallow play on the artificial turf. Groups will be required to wait for a period of 30 minutes without thunder. In the event that thunder and/or lightning occurs after the permitted game has started, game officials will follow established protocol from the individual sport governing body. Special Events A “special event” means a cultural, recreational, educational or similar event including fairs, festivals and carnivals A special event is defined as a one-time, annual or infrequently occurring event on Municipality of Clarington property that is reserved for exclusive use and whose scope may include the following: Celebration of a specific theme Has a pre-determined opening and closing date/time Is available to the community at large Fundraising events designed to generate revenue for non-profit organizations Note: activities not meeting these criteria may still be permitted to occur as private rental functions and may still be subject to some or all of the policies, procedures and requirements outlined. Inflatables Amusement devises such as bouncy castles, zipline rides and revolving rides are just some examples of amusement devices covered by the Technical Standards & Safety Authority (TSSA) in Ontario. As an event organizer, it is your responsibility to ensure that the company providing your amusement devise can provide the following safety documents. These documents will be required prior to the issuance of your permit. TSSA Amusement Device licence issued to the owner for the current year that acknowledges the owner’s understanding to operate a device per Ontario Safety Laws and Regulations; TSSA Amusement Device Permit (one per device) which displays a TSSA inspector’s identification, date and signature and confirms the devise has been inspected by TSSA for the current operation season; Amusement Device Permit Number for Each Device physically attached to each ride or device; Certified Amusement Device Mechanic on staff, who is in compliance with the requirements of Ontario Regulation 187/03 for the Certification of Mechanics; Proof of $2,000,000 Liability Insurance specific to the operation of amusement rides. This is in addition to the Certificate of Insurance required to obtain a facility permit. All devices or rides must be inspected when first installed and prior to being operated in Ontario. A site inspection will be conducted by the Director of Operations or his designate on the day of set up prior to the opening of the event. All documentation will be required prior to completion of inspection. Failure to provide required documentation may result in no permit being issued. Special Events Permit Application Pre-consultation service and assistance in completing this form is available by contacting the Municipality of Clarington Operations Department at 905-263-2291 or email operations@clarington.net Event Information: Event name: 35T 35T Event location: Description of Event (provide as much detail as possible) Expected Attendance: Annual Event __Yes Proposed Dates: Hours of Operation: Set up date: Set up time: Tear down date: Tear down time: __No Applicant Information: Name of Organization: Mailing Address Phone: Fax: Applicant must have signing authority for Organization Applicant: Email Phone Event Contact (if different from applicant) Primary Contact Cell: Secondary Contact Cell: The undersigned has read and hereby warrants and represents that he/she has sufficient power, authority and capacity to bind the applicant with his/her signature. Applicant Signature: _____________________ Date of Application: _______________ Please indicate what is involved in your event – Be as complete as possible with your answers A. Applicant Information: Organization please answer the following: 1. Is your group a Charitable Organization? If yes, does it have a Charitable Donation Number? 2. Is your group a Non-Profit Organization? Yes No Yes ________ Yes No If yes please provide proof _________________________________________ B. Will you be requesting use of the Mobile Stage Yes No If yes, please complete and submit Mobile Stage Rental Application Form C. Will you require Road Closure? Yes No Please be advised you are required to complete a separate Special Events permit obtained from the Engineering Services Department. D. Food, Alcohol and Goods/Merchandise 1. Will goods and/or merchandise be sold? Yes No 2. Will goods and/or merchandise be given away? Yes No 3. Will there be food and non-alcoholic beverages at your event Yes No 4. Will there be food and alcoholic beverages at your event Yes No Please note: You are required to obtain Durham Region Health Department approval if your event is serving/selling food and non-alcoholic beverages. Events including alcohol are required to obtain a valid permit for liquor sales and must adhere to all Municipal Alcohol policies. E. Site Plan Please provide a detailed site plan drawing for your event F. Installation of Tents/Structures (ie inflatables, tents etc) 1. Do you plan to erect any tents or other structures during your event? Yes No If yes, please specify for what purpose. Note that tents over 60m 2 require Building Department approval. Each amusement ride/inflatable requires a TSSA certificate. P P G. Washroom Facilities Will you be installing portable facilities? Yes No H. Will you be selling tickets to your event? Yes No I. Do you require vehicle access to site? Yes No J. Do you require access to electrical power? Yes No K. Please provide details of waste management plan. Municipality of Clarington Mobile Accessible Stage Rental of Mobile Accessible Stage: The stage is available for rental from May 1 to October 31. The stage is available in multiple deck configuration from band shell (6m X 7m) to full sized (12m X 7m) with wind walls on three (3) sides. Rental will include: Delivery and pick up of Mobile Accessible Stage by Municipal Staff; Set up and take down of Mobile Accessible Stage by Municipal Staff; Municipal Staff will remain on site for duration of the rental. Mobile Accessible Stage Policies Rules and Regulations Municipal Staff is required for: All set up and tear down Transport of the stage to and from the site Stage hydraulics, breaker boxes and any other stage mechanicals Will be operated by Operations Department Staff only Renter represents to the Municipality that: i. The person(s) signing this Rental Agreement has (have) been duly authorized to do so on Lessee’s behalf; ii. by entering into this Rental Agreement, renter will not violate any law or other agreement to which it is a party; and Renter is not aware of anything that will have a material negative effect on his/her ability to satisfy its obligations under this Agreement. iii. No alterations may be made to the stage. Decorations or banners may be attached only through the holes in the canopy ends or the truss beneath the stage deck by plastic cable ties, string or rope only. Covering stage graphics is prohibited. Banners and/or skirts must be pre-approved a minimum of 1 week before installation Renters must provide proof of all relevant and required additional permits prior to issuance of stage permit. (I.e. road closure, event permit, building permit and engineering certificate etc.) Renter shall use the Equipment in a careful and prudent manner and in accordance with the Municipality or the manufacturer’s specifications and not for any unlawful purpose and shall, at their own expense, comply with and conform to all federal, provincial, municipal and other laws, ordinances and regulations in any way relating to the possession, use or maintenance of the Equipment. Renter shall use the Equipment for its own use. Renter shall not sublet or part with possession or control of the Equipment or permit its use by any person other than Renter or employees or agents of Renter who are qualified and competent to use the Equipment. Renter is responsible to ensure that the use of any tobacco products, alcoholic beverages or other intoxicating substances is not permitted on the stage. Equipment must be carried or rolled, not slid across the Stage floor. If rental requires the stage to be on location outdoors overnight, stage must be secured by Operations Department staff only. The stage will be re-opened the following day by Operations Department staff only. The renter is responsible for the security of the stage at all times. Renter is responsible to ensure that all activities are properly controlled and supervised to prevent damage to the stage. In the event that the stage malfunctions or fails to operate, or is lost, stolen, damaged in any way or for any other reason is not available or suitable for return, Renter shall promptly notify the attending competent worked of such event. Renter shall promptly notify the Municipality of Clarington of any accident or incident which is or can be a basis of a claim by or against the Municipality. These provisions in no way affect or replace any notice that Lessee is or may be required to give to its insurer or any other person. An external power source, when required, is the responsibility of the renter. All electrical installation must be acceptable to the Electrical Safety Authority (ESA). This may be determined by a direct inspection. Insurance Renter shall, at its own expense, place and maintain with insurers acceptable to the Municipality of Clarington: a) comprehensive all risks insurance on the Equipment for its full replacement value, such insurance to include: i. ii. iii. the Municipality of Clarington as additional insured a loss payable clause in favour of the Municipality of Clarington as first payee; and a waiver of subrogation in favour of the Municipality of Clarington; and b) general public liability and property damage insurance with limits of liability equal to at least two million dollars ($2,000,000.00) per occurrence (or such greater amount as the Municipality may require from time to time), and such insurance shall: i. ii. iii. extend to all liabilities of Renter arising out of its use or possession of the Equipment name the Municipality of Clarington as additional insured; and include a cross-liability which insures each person insured there under in the same manner and to the same extent as if a separate policy had been issued to each. All insurance policies shall contain endorsements providing that: i. ii. iii. iv. v. thirty (30) days’ written notice shall be given to the Municipality of Clarington before a policy lapses or is materially altered or cancelled coverage shall be primary and not contributor the Municipality of Clarington’s interest as additional insured shall not be invalidated or otherwise affected by any act or omission, deliberate, negligent or otherwise of Renter or its agents, servants or employees the Municipality of Clarington shall not be responsible for payment of any premium; and the Municipality may elect to have all proceeds of loss payable only to itself. One (1) week prior to the Delivery Date, Renter shall supply the Municipality of Clarington with certified copies of all insurance policies or other evidence satisfactory to the Municipality of Clarington of these insurance provisions. Delivery and Set Up The Director of Operations or his delegate must approve the physical site and access prior to setting up the stage. The stage will be delivered and setup 2 hours prior to the event for band shell and 3 hours prior for full set up on the day of its use and removed at the end of the rental period by Operations Department staff only. If the set p is required earlier than 2 or 3 hours prior to the event, the hourly rate will be charged for each additional hour. The renter must be present at the site at the time the unit is scheduled to arrive to assist with orientation of the stage, accept delivery and inspect the stage with Operations Department staff for cleanliness and existing condition. The lessee acknowledges that during setup and take down of the stage that this is considered a “construction” site, and all work must be completed in compliance with the Ontario Occupational Health and Safety Act. This includes but is not limited to use of personal protective equipment and working at heights certification. Stage delivery and pick up take approximately 1 hour each. Setup of the stage requires a minimum of two workers 2-3 hours after the unit has been positioned. (Depending on configuration of stage (Band shell or Full). Renter will be held liable and assume all risk from the time of delivery until removed by Operations Department staff. Renter agrees to turn over the stage in the same condition as on delivery. Renter will supply their own cleaning equipment and cleaning products. Weather Related Policies In the event of high winds, the public and personnel present will evacuate the premises and remain 30 metres away from the stage; The Director of Operations or his delegate has the authority to close the stage during unfavorable weather conditions; The stage will not be opened in winds over 65 km. In the event weather poses a risk of damage to the stage (rain, wind or lightning) the stage will be closed by Operations Department staff until such time Operations Department staff determines that conditions are safe for stage opening. Cancellation Policy Cancellation by the renter must be made no later than twenty (20) business days prior to the rental (the date the stage is requested) in order to receive a full refund. Liability Policy In renting the stage, the Municipality of Clarington assumes no responsibility: For loss of, or damage to, any property placed on the premises by the renter For the loss or damage to any property or personal effects, including motor vehicles and their contents, of the renter, agents, employees participants, guest or attendees. For any physical injuries sustained by an individual or group of individuals, during the duration of the rental period. For malfunction of any electrical or mechanical equipment provided for the renter and the applicant waives any claim thereof. The renting party shall indemnify, save and hold harmless the Municipality of Clarington and its officers, agents and employees from all suits, actions, losses, damages, claims or liability of any character, type or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney’s fees for injury or death to any person on injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, the acts of the renting party or his or her agents or employees, in the rental of the stage. Renter will assume responsibility and liability for all persons in attendance. Renter assumes all responsibility for any damage to the stage and/or Municipal equipment during the rental period. Mobile Accessible Stage Rental Fee (DRAFT): Stage Rental Fee Service Clubs, BIA, Charitable Organizations (Includes delivery, setup(2 hours for band shell, 3 hours for full, take down and 4 hours of stage performance), take down and 4 hours of stage performance) Not for Profit Clarington Groups 4 hour minimum Profit Clarington Groups 4 hour minimum Clean-up/Damage Deposit (refundable) Statutory Holiday Premium Cost No Charge + $100 for each additional hour (including early set up) $500 + $100 for each additional hour $800 + $100 for each additional hour $500 $1,000 Rental Allocation Priorities: Applications will be processed according to the following allocation list and the discretion of the Operations Department: Bowmanville Rotary Ribfest Orono Fair Visual Arts Centre Not for profit organizations Private organizations Mobile Stage Rental Application Applicant Name: ________________________________________________________ Address: ________________________City:__________________ Postal Code: ________ Phone: (W) ___________________ (H) ___________________ (C) _______________ Organization Name: ______________________________________________________ Address: _______________________City:________________ Postal Code: ___________ Requested Date(s) of use: ________________________________________________ Name of Event or Function: ________________________________________________ Brief description: _________________________________________________________ ______________________________________________________________________ Function/Event time: Begins: _____________________ Ends ____________________ Delivery time: _____________________________ Removal time: _________________ Exact location stage is to be placed: __________________________________________ _______________________________________________________________________ I have been given a copy of and agree to abide by the Mobile Stage Policies as set out by the Municipality of Clarington. I further agree to indemnify, save and hold harmless the Municipality of Clarington and its officers, agents and employees from all suits, actions. Losses, damages, claims or liability of any character, type or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs and attorney’s fees for injury or death to any person or injury to any property received or sustained by any person or persons or property arising out of or occasioned by the acts of renting party or his or her agents or employees in the rental of the stage. I agree to assume all responsibility for any damage to the stage and/or Municipal equipment during the rental period and further agree that part or all the clean up and damage deposit will be retained in order to cover expenses to repair damage. I also agree that I will be billed accordingly if damages exceeds amount of deposit. The undersigned has read and hereby warrants and represents that he/she has sufficient power, authority and capacity to bind the applicant with his/her signature. Applicant Signature: _________________________ Date of Application: ______________ Park Amenities Chart Facility/Park Diamond Soccer Field Lights Permits BasketTennis Rqd ball Playground Washroom on Site Splash Pad Skate Park Courtice Avondale Park 100 Avondale Drive Bathgate Commons (June 2015) 135 Bathgate Crescent Rick Gay Memorial Parkette 22 Cherry Blossom Crescent Courtice Memorial Park 2201 Courtice Road Courtice Community Complex 2950 Courtice Road Courtice South Arena 1595 Prestonvale Road Courtice West Park 67 Varcoe Road Darlington Hydro Fields 381 Solina Road Firwood Parkette 13A Firwood Avenue Foxhunt Parkette 51 Foxhunt Trail Gatehouse Parkette 30 Turnberry Cres Cecil Found Parkette 212 George Reynolds Drive 2 1A 1M 1A 1Y 3M 2A 2 *P Park Amenities Chart Facility/Park Glenabbey Parkette 231 Glenabbey Drive Highland Park 41 George Reynolds Drive Highway 2/Trulls Parkette 2840 Highway 2 Moyse Parkette 81 Moyse Drive Penfound Park 27 Hemmingway Drive Pickard Gate Parkette 34 Pickard Gate Roswell Park 132 Rosswell Springfield Parkette (Summer 2016) 34 William Ingles Drive Stuart Park 58 Stuart Road Tooley Mill 71 Old Kingston Road White Cliffe Parkette 26 Whitecliffe Drive Zion Park (Mitchells Corners) 4800 Trulls Road Diamond 1Y 1A Soccer Field 1A 1M Lights Permits BasketTennis Rqd ball Playground Washroom on Site Splash Pad 1A 1M 1A 1M 1A Skate Park Park Amenities Chart Facility/Park Diamond Soccer Field Lights Permits BasketTennis Rqd ball Playground Washroom on Site Splash Pad Bowmanville Argent Park 592 Longworth Ave Barlow Parkette (2006) 38 Barlow Court Baseline Park 2430 Baseline Road Baxter Park 80 Baxter Street Bons Park 299 Bons Ave Bowmanville Conservation Boat Ramp 295 West Beach Road Bowmanville Memorial Park 120 Liberty Street South Burketon Park (Burketon) 90 Darlington Street, Burketon Clarington Arms Parkette (proposed - Spring 2016) Clarington Blvd & Prince William Drive Clarington Fields 2375 Baseline Road Darlington Green Parkette (proposed - Spring 2016) 60 Buttonshaw Street 1A 1M 1M 2A X(1) 1A 1A 1M 4A 1 multi 2A 2 M 4X *P Skate Park Park Amenities Chart Facility/Park Darlington Sports Centre (Hampton) 2276 Taunton Road Port Darlington East Beach Park Port Darlington Road Elephant Hill Park 30 Maconnachie Place Elliott Memorial Park (Hampton) 30 Millstream Lane, Hampton Elliott Skateboard Park Garnet B. Rickard Recreation Complex 2440 Highway 2 Glanville Parkette 17 Glanville Crescent Green Park 7 Boswell Drive Guildwood Park 180 Guildwood Drive Harry Gay Neighbourhood Park 179 Harry Gay Drive Harvey Jones Parkette 90 Harvey Jones Avenue Haydon Hall Parkette (Haydon) 2503 Concession Road 8 Landerville Parkette 55 Landerville Lane Diamond Soccer Field Lights 1A Permits BasketTennis Rqd ball Playground Washroom on Site Splash Pad 2Y 1M Skate Park 2A *P 1A 1M 1M Park Amenities Chart Facility/Park Lions Parkette 26 Beech Avenue Longworth Park 21 Swindells Street Lord Elgin Park 26 Forth Street Mearns Park 45 Barley Mill Cresent Nelson Street Parkette 105 Nelson Street Northglen Neighbourhood Park 110 Northglen Blvd Optimist Park (Waverley Rd) 150 Waverley Road Rhonda Park 92 Rhonda Blvd Rotary Park 133 Queen Street Scugog Street Neighbourhood Park 375 Scugog Street Soper Creek Park 133 Simpson Avenue Squire Fletcher Parkette 59 Squire Fletcher drive West Beach Park 41 West Beach Road Westside Drive Park 33 West Side Drive Diamond Soccer Field Lights Permits BasketTennis Rqd ball Playground Washroom on Site Splash Pad 1A 2A 1Y 2M 1A 1Y 1M 1A *P 1A Skate Park Park Amenities Chart Facility/Park Diamond Soccer Field Lights Permits BasketTennis Rqd ball Playground Washroom on Site Splash Pad Newcastle Andrew Street Parkette 215 Andrew Street Bond Head Boat Launch 5 Boulton Street Brookhouse Parkette 85 Brookhouse Drive Edward Street Park 190 Edward Street West Foster Creek Parkette 125 Edward Street West Newcastle Glen 3605 Lakeshore Road Newcastle Leash Free Park (Summer 2016) 1780 Rudell Road Newcastle Memorial Park 150 King Avenue East Pearce Farm Park 260 Shipway Avenue Lakebreeze Drive, Newcastle 1Y 1M 1A Rickard Neighbourhood Park (fall 2015) 70 Grady Drive Samuel Wilmot Nature Area Walbridge Park 10 Glass Court Westview Parkette 165 Sunset Blvd 1A Skate Park Park Amenities Chart Facility/Park Diamond Soccer Field Lights Permits BasketTennis Rqd ball Playground Washroom on Site *P Splash Pad Skate Park Area Parks Harvey Jackson Memorial Park Orono Park 61 Princess Street Peters Pike Parkette 21 Peters Pike Solina Park 1964 Concession Road 6 Tyrone Park 2716 Regional Road 4 Burketon Park 90 Darlington Street, Burketon Ina Brown Parkette 12 Mill Street, Newtonville 2A 1M 1A 2A 2A 1A 1M 2A 1A 1A 1M Clarington School Fields Courtice Secondary School Bowmanville High School Knox Christian School Clarke High School Newcastle Public School Pines Sr. Public School Clarington Central Secondary School 1A 1A 2M 1Y 1A 1Y 1A 1M 1 Park Amenities Chart Facility/Park Dr. Emily Stowe Public School Dr. Ross Tilley Public school Good Shepherd Elementary School Holy Trinity Secondary School Lydia Trull Public School Monsignor Cleary Elementary School St. Elizabeth Elementary School St. Francis of Assisi School St. Stephen’s Secondary School Vincent Massey Public School Diamond Soccer Field 1 1 1 1M 1 1 1 1 1 Lights Permits BasketTennis Rqd ball Playground Washroom on Site Splash Pad Skate Park OFFICE CONSOLIDATION OF BY–LAW 2006-126 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006-126 Being a by-law to regulate Parks Passed by Council on: Consolidation as of: June 12, 2006 June 25, 2014 Amendments: Amending Date Passed By-law 2008-158 September 15, 2008 Amendment Details Amend Section 2(a)(i) Disclaimer: The following consolidated by-law is an electronic reproduction made available for information only. It is not an official version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The Municipality of Clarington does not warrant the accuracy of this electronic version. Official versions of all By-laws may be obtained from the Clerk’s Department. Page 1 of 10 OFFICE CONSOLIDATION OF BY–LAW 2006-126 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006-126 Being a by-law to regulate, protect and control all public parks in the Municipality of Clarington and to repeal By-laws 91-20 and 92-125 WHERAS the Council of the Municipality of Clarington, pursuant to the provisions of Section 130 of the Municipal Act S.O. 2001, c.25, has the authority to enact this by-law; AND WHEREAS the Council of the Corporation of the Municipality of Clarington find it necessary to enact a by-law to regulate, and control all public parks in the Municipality of Clarington and to protect these lands on behalf of the public interest; AND WHEREAS Section 425 of the Municipal Act S.O. 2001, c.25, provides that any person who contravenes by-laws of the Council passed under the authority of the Municipal Act is guilty of an offense. NOW THEREFORE The Municipality of Clarington hereby enacts as follows: DEFINITIONS 1. For the purpose of this by-law, (a) “authorized sign” means any sign, notice, or other device placed or erected in or upon a park, under the authority of this by-law; (b) “Corporation” means the Corporation of the Municipality of Clarington; (c) “Council” means the Council of the Municipality of Clarington; (d) “damage” means break, injure, deface, move or remove; (e) “designated area” means an area defined or constructed for a specific use which may include posted conditions; (f) “Director” means the Director of Operations of the Municipality of Clarington or his/her designate; (g) “liquor” means liquor as defined by the Liquor Control Act; (h) “motor vehicle” means a motor vehicle within the meaning of the Highway Traffic Act, R.S.O. 1990, c.H8 as may be amended from time to time; (i) “motorized recreation vehicle” includes a snowmobile, go-cart, trail bike, mini bike, all-terrain vehicle, or similar vehicle, propelled or driven by an internal combustion engine; (j) “park” means land and land covered by water and all portions thereof owned or made available by lease, agreement, or otherwise to the Municipality, that is or hereafter may be established, dedicated, set apart or made available for use as woodlot, ravine, recreation centre, square, garden, walkway, water or any other area in the Municipality, devoted to active or passive recreation; (k) “parking lot” means any area or a tract of land designated for the parking of vehicles; (l) “parking space” means a portion of the surface of a parking lot designated by suitable markings for the purpose of parking a vehicle, exclusive of aisles; (m) “permit” means any written authorization of Council, a Committee established by Council, or the Director where such authority has been delegated; (n) “resident” means residents of the Municipality of Clarington; Page 2 of 10 OFFICE CONSOLIDATION OF BY–LAW 2006-126 (o) “vegetation” means any flower, plant material, shrub or tree; (p) “vehicle” includes a motor vehicle as defined under the Highway Traffic Act, R.S.O. 1990, c.H8, as may be amended form time to time, and any bicycle, carriage, wagon, sleigh or other vehicle or conveyance of every description, whatever the mode of power, but excludes wheelchair or similar device (powered or otherwise) used by an individual due to a disability, baby carriage or cart, child’s wagon, child’s stroller, child’s sleigh or other conveyance of like nature. PART 1 – HOURS OF OPERATION 2. a) Except as otherwise expressly provided by this by-law: (i) All parks and exterior grounds and landscaped areas of any library or museum shall be closed from dusk until dawn unless otherwise posted or permitted. (ii) Notwithstanding the foregoing, the parks may be opened at any time upon permission of the Director. (iii) During any period when a park is closed, no vehicle shall remain on park property. (iv) During the time a park is closed, as herein before provided, no person except a Police Officer or a Municipality of Clarington employee, while on duty, shall enter or remain on park property and, during such period, no person shall leave a vehicle owned or operated by him/her on park property. PART 2 – CONDUCT 3. Conduct No person shall, within the limits or boundaries of any park within the Municipality: 4. (a) indulge in any riotous, boisterous, violent, threatening, or illegal conduct or use profane or abusive language; (b) cast, throw, or in any way propel any object in such a manner as may, or does, endanger or cause injury or damage to any person or property; (c) create a nuisance by loitering, spying, accosting, frightening, annoying or otherwise disturbing other persons; or (d) create a nuisance or in any way interfere with the use and enjoyment of the park by other persons. Firearms and Offensive Weapons While in any park, no person shall be in possession of or use any firearm, replica guns, air gun, bow and arrow, axe or offensive weapon of any kind unless authorized by permit. 5. Fireworks While in any park, no person shall ignite, discharge or set off any firecrackers, rockets or other fireworks except as a fireworks display authorized by permit. 6. Injury and Damage No person shall in any park: (a) climb any building, structure or equipment, unless it is equipment designed for climbing; Page 3 of 10 OFFICE CONSOLIDATION OF BY–LAW 2006-126 7. (b) Damage any vegetation or any building, structure, equipment or other property of the municipality; (c) Unless authorized by permit, climb, move or remove the whole or any part of rocks, boulders, rock faces, vegetation, or remove any soil, sand or wood; (d) In any manner, disturb ground which is under repair, prepared for planting, has been newly seeded or sodded or is in an area posted to that effect; or (e) Drive, park or walk in an area posted to prohibit same. Waste and Pollution No person shall in any park; 8. (a) dispose or dump garbage, litter, tree trimmings, yard waste, or any other refuse, except that which is generated through the normal use of the park and shall only deposit same in receptacles provided for such purpose. (b) dispose of or dump garden refuse except in a designated area thereof; (c) unless authorized by permit, dump or deposit snow, fill, soil, building or construction materials; or (d) dump or drain onto any soils or into the waters of any pool, pond, lake, stream, fountain or watercourse of any kind any material, toxic or otherwise, which may have the effect of polluting same. Protection of Wildlife No person shall in any park: 9. (a) kill, attempt to kill, maim, injure, trap or disturb any animal, bird, waterfowl, fish, worms, or other wildlife; or (b) touch, injure or remove any nest or egg there from; or (c) feed any waterfowl. Encroachment Unless authorized by permit or agreement, 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, cultivating, grooming or landscaping, thereon. 10. Alcohol While in any park, no person shall consume, serve, or sell alcoholic beverages unless authorized by permit and with the approval of the Liquor Licence Control Board of Ontario. PART III – PARK USE 11. Campfires and Barbecues While in any park, no person shall: (a) light, build, or stoke an open fire or bonfire unless authorized by permit; (b) use charcoal or solid fueled portable barbecues unless authorized by permit or where posted to allow same; (c) use fuel other than charcoal or briquettes in stationary barbecues; or Page 4 of 10 OFFICE CONSOLIDATION OF BY–LAW 2006-126 (d) 12. leave a barbeque or campfire without extinguishing the fire and ensuring that the embers are cold. Organized Gatherings and Picnics While in any park, no person shall: 13. (a) unless authorized by permit, hold a picnic, organized gathering or event for more than twenty-five persons; or (b) interfere with a picnic, organized gathering or event authorized by permit. Amplifiers and Loud Speakers Unless authorized by permit, no person shall operate loud speakers or amplifying equipment in any park. 14. Camping and Lodging Unless authorized by permit, no person shall dwell, camp, or lodge in any park. 15. Tents and Structures Unless authorized by permit, no person shall place, install, or erect any temporary or permanent structure in any park. 16. Bathing, Swimming or Sun Bathing No person shall: 17. (a) swim in any public swimming pool, except at times designated for swimming; (b) fail to abide by posted signs in or adjacent to any swimming pool, or to obey the instructions of any lifeguard or other authorized person; or (c) swim, bathe, or wade in any fountain, pond, lake or stream, except in a designated area. Use of Wash and Change Rooms No person shall enter any portion of any washroom, bathhouse, or change room in any park set apart for the opposite sex. No person shall enter any portion of any washroom, bathhouse, or change room in any Park with a camera or electronic equipment capable of replicating images. PART IV – GAMES, SPORTS, AND ORGANIZED ACTIVITIES 18. Organized Sports or Activities 1. (a) arrange or engage in an organized sport or activity, unless authorized by permit; or (b) interfere with an organized sport or activity authorized by permit. 2. 19. While in any park, no person shall: In addition to the prohibitions set out in subsection (1), while in any park no person shall utilize a designated area without a permit where same is posted to prohibit or restrict such use. Fishing No person shall fish in an area posted to prohibit same, in any park. Page 5 of 10 OFFICE CONSOLIDATION OF BY–LAW 2006-126 20. Golfing While in any park, no person shall play or practice golf or strike a golf ball. 21. Model Aircraft and Rockets While in any park, no person shall operate any powered models of aircraft, rockets, watercraft, or vehicles unless authorized by permit. 22. Gliders and Hot Air Balloons Unless authorized by permit, no person shall tether, launch, or land any hot air balloon, hand glider, ultra light aircraft or similar conveyance in any park. 23. Skating 1. No person shall erect any outdoor ice surface in any park except unless authorized by a permit, and may construct under terms and the following conditions. 2. volunteer residents agree to the following terms and conditions: i. Abide by safety guidelines as set by the Municipality from time to time. The volunteer residents inspect the rink daily to ensure structure and skate surface is as safe as possible and maintain a log of inspections for review by the Operations Department. ii. The volunteer residents are responsible to organize, schedule, secure hoses and obtain additional volunteers to ensure the public’s safety at all times. iii. The volunteers are required to work under the direction of the Operations Department itself. 3. Community groups agree to the following terms and conditions in addition to Section 23(2) i and ii above. i. The group must provide a hold harmless/indemnification agreement signed in favour of the Municipality. ii. The group must provide proof of at least $1,000,000 limit of liability insurance which includes the Municipality as an Additional Insured under the residents policy with respect to any liability arising out of the ice surface. 24. Skiing No person shall ski, toboggan, snowboard, or sled in any area in any park posted to prohibit same. 25. Roller Skates and Skate boards While in any park, no person shall: 26. (a) operate or utilize roller skates, skate boards, linear skates, heelies, or like conveyances where posted to prohibit or otherwise restrict the use of the same; or (b) obstruct, inconvenience or endanger other users of the park while operating or utilizing traditional or in-line roller skates. Tennis Page 6 of 10 OFFICE CONSOLIDATION OF BY–LAW 2006-126 No person shall enter, walk, or play upon a designated area for tennis in any park, except in accordance with the posted rules and regulations. PART V – VEHICLES 27. Roadways 1. The Director is authorized to establish appropriate regulations to regulate the use of park roadways. 2. Unless authorized by permit, and except as provided in Section 30 with respect to bicycles, no person shall, while in any park, drive, operate, pull or ride any vehicle except on a roadway or parking area. 28. Parking While in any park, no person shall: 29. (a) park or leave a vehicle except in a designated area for parking; (b) park or leave a vehicle between the hours of 11:00 p.m. and 5:00 a.m., except in a designated area allowing for such overnight parking, or where authorized by permit; (c) stop or park a vehicle in a designated area for parking, except in a parking space and in accordance with posted conditions; (d) stop or park a vehicle in a designated disabled parking space, unless a disabled person parking permit issued in accordance with the provisions of the Highway Traffic Act, R.S.O. 1990 c.H.8, as may be amended form time to time, is properly displayed on or in the vehicle; or (e) use any parking space except while using the park. Other Activities No person shall make use of any roadway or parking lot in any park for: 30. (a) washing, cleaning, servicing, maintaining or, except in the event of an emergency, the repair of any vehicle; or (b) instructing, teaching or coaching any person in the driving or operation of a motor vehicle. Bicycles While in any park, no person shall: 31. (a) ride, operate or be in possession of any bicycle where posted to prohibit same; or (b) obstruct, inconvenience or endanger other users of the park while riding or operating a bicycle. Motorized Recreation Vehicles No person shall ride, drive park or be in possession or control of a motorized recreational vehicle in any park except in a designated area. 32. Trucks and Commercial Vehicles No person shall drive, operate, pull or ride in any park: (a) any heavy machinery or equipment of any description and whatever the mode of power; or Page 7 of 10 OFFICE CONSOLIDATION OF BY–LAW 2006-126 (b) any truck, trailer or bus whatsoever except a vehicle that is, i. being used for the purpose of making a delivery to a point within the limits of the park while it is proceeding to or from such point of delivery, or (c) 33. this provision shall not apply to a motor vehicle operated for personal, recreational or noncommercial purposes. Speed Unless authorized by permit, while in any park, no person shall operate: (a) any vehicle on a roadway at a speed in excess of the posted limit; or (b) a bicycle other than on a roadway at a speed in excess of 20 kilometers per hour. PART VI – COMMERCIAL ENTERPRISES 34. Sale of Merchandise, Trade or Business 1. Unless authorized by permit, no person shall, while in any park, sell or offer or display for sale: (a) any food, drink or refreshment; (b) any goods, wares, merchandise or articles including promotional material, souvenirs and novelties; or (c) any art, skill, service or work. 2. While in any park, no person shall practice, carry on, conduct or solicit for any trace, occupation, business or profession. 35. Circulars and Advertisements 1. Unless authorized by permit and Municipal Peddlers Licence, no person shall: (a) while in any park distribute, discard, or display any handbill, notice, or other circular, bill or advertisement; or (b) post, nail, attach, stencil or otherwise fasten or erect any poster, sign, notice, placard or other circular, bill, advertisement or paper to any park property. PART VII – REGULATION AND ENFORCEMENT 36. Permits and Licences 1. Permits issued for activities contemplated in this by-law may be subject to such fees as Council shall from time to time establish. 2. Permits issued for activities contemplated in this by-law may include conditions as to time, location, area, equipment, number of participants, type of activities, release, indemnity and insurance coverage. 3. The issuance of a permit pursuant to this by-law shall not relieve any person from the necessity of acquiring any and all other licence or permit required for such activity by any government or public authority. 4. No permit contemplated by this by-law shall be issued if same would result in the contravention of other applicable law. Page 8 of 10 OFFICE CONSOLIDATION OF BY–LAW 2006-126 37. Posting of Signage The Director is authorized to post signage of permission, regulation, restriction, warning or prohibition with respect to uses of or activities in any park in accordance with the provision hereof. 38. Temporary Closure 1. The Director is authorized to close off for such temporary periods as the Director deems appropriate any park or part or parts thereof to relieve or prevent overcrowding or traffic congestion, or in the interests of public safety, or as may otherwise be authorized by Council. 2. The Municipality may, at any time when it is deemed advisable to do so, close to the public any park or any portion of any park, or any building in any park, and may require the payment of a fee by any person desiring to enter any such park or building and no person shall enter any park or any portion of any park, or any building in any park, so closed, without first paying the fee for admission, to a person duly authorized by the Municipality for the collection of such fee. Nothing in this by-law prevents any Municipality of Clarington employee or servant from performing his duties as an employee or servant. 3. The Director is authorized to post signage of permission, regulation, restriction, warning or prohibition with respect to uses of or activities in any park in accordance with the provisions hereof. 39. Exclusions and Exemptions 1. This by-law shall not apply to: i. the drivers, operators or other personnel of ambulance, police or fire department vehicles, or the riders or attendants of police department horses, while engaged in the performance of their duties; ii. employees or agents of the municipality while engaged in works or services undertaken for or on behalf of the municipality; or iii. a park, property or building that is now or hereafter under the jurisdiction of a board established by the Council or by statute, the members of which are appointed by Council. 40. Enforcement 1. Any police officer, Municipal Law Enforcement Officer or employee of the municipality designated by the Director is authorized to inform any person of the provisions of this by-law and to request compliance therewith. 2. Any police officer, Municipal Law Enforcement Officer or employee of the municipality whose duties include the enforcement of this municipal by-law, is authorized to order any person believed by such officer or employee to be contravening or who has contravened any provision of this by-law, iv. to desist from the activity constituting or contributing to such contravention; v. to remove from the park any animal or thing owned by or in the control of such person which the officer or employee believes is or was involved in such contravention; or vi. to leave the park. 3. Any police officer or Municipal Law Enforcement Officer may enforce the provisions of this by-law. Page 9 of 10 OFFICE CONSOLIDATION OF BY–LAW 2006-126 4. 41. Where any person contravenes any of the provisions of this by-law, or fails to comply with any order referred to in subsection (2) hereof, the permission and licence of such person to remain in the park is revoked. Penalties b. Any person contravening any of the provisions of this by-law, other than clause 33(a) resulting from the operation of a motor vehicle, is guilty of an offence and on conviction is liable to a fine in such amount provided for by the Provincial Offences Act, R.S.O. 1990. c.P.33. as may be amended from time to time. c. Any person contravening the provision contained in clause 33(a) of this by-law, resulting from the operation of a motor vehicle, is guilty of an offence under the Highway Traffic Act, R.S.O. 1990, c.H.8, and, pursuant to the provision thereof, on conviction is liable to a fine in such amount provided for by the Highway Traffic Act. R.S.O. 1990, c.H.8, as may be amended from time to time. d. The owner of a motor vehicle that is parked or left in contravention of section 28 of this by-law is guilty of an offence and on conviction is subject to the provisions of this section, unless at the time of the offence the motor vehicle was in the possession of another person without the owner’s consent. 42. Removal of Vehicles A police officer or Municipal Law Enforcement Officer, upon discovery of any vehicle parked or standing in contravention of section 28 of this by-law may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, if any, are a lien upon the vehicle which may be enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, c.R.25, as may be amended from time to time, or any successor acts thereto. That by-laws 91-20 and 92-125 be hereby repealed. BY-LAW read a first, second and third time this 12 th day of June, 2006 P P Page 10 of 10