HomeMy WebLinkAbout1975-20 Campground COUNTY OF NEWELL
IN THE PROVINCE OF ALBERTA
BYLAW NO. 1975-20
A BYLAW FOR THE COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA FOR THE
PURPOSE OF REGULATING THE COUNTY OF NEWELL PARKS AND RECREATION AREAS.
WHEREAS, by virtue of the power conferred upon by the Municipal Government Act, RSA 2000
c. M-26, as amended or repealed and replaced from time to time;
NOW THEREFORE, the Council of the County of Newell in the Province of Alberta, enacts as
follows:
1. TITLE
This Bylaw may be cited as the "Campground Bylaw".
2. DEFINITIONS
(1) In this Bylaw,
(a) "After Season Camping Agreement" means an agreement between the
County and a Permit Holding where a Permit Holder is agreeing to follow all
County rules and regulations relating to the campground.
(b) "Animal" means any mammal excluding humans, or any bird, reptile or
amphibian.
(c) "At Large" means an Animal or Dog that is not restrained and is not in the
direct control of the owner.
(d) "Authorized Agents" are individuals who have been delegated
responsibility for the Park, by the CAO, or by a staff member that has
received delegated responsibility from the CAO.
(e) "Camping Permit" means a permit issued to a person who rents a
campsite.
(f) "Cannabis" has the same meaning as defined in the Cannabis Act, SC
2019, c 16, and amendments thereto.
(g) "Cannabis Act" means the Cannabis Act, SC 2018, c 16, and
amendments thereto.
(h) "Camping Accommodation Unit" means a recreational vehicle, motor
vehicle, tent, truck camper or any combination thereof being used as a
shelter while camping.
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(i) "Campground" means any campground owned and operated by the
County of Newell or any campground leased by the County of Newell and
operated by a third-party entity.
(j) "Chief Administrative Officer (CAO)" means a person appointed to that
position by the County of Newell Council as per section 205 of the
Municipal Government Act, RSA 2000, c M-26.
(k) "Council" means the Council of the County of Newell.
(1) "County" means the County of Newell.
(m) "Day Use" means any area the County allows visitors of the Park to use for
the Day between 7:OOam and 11:00pm.
(n) "Dog" includes a male dog, a neutered male dog, a female dog and a
spayed female dog.
(o) "Emergency Services" means:
(i) Royal Canadian Mounted Police,
(ii) any Fire Department,
(iii) any Provincial Public Safety agency,
(iv) any law enforcement.
(p) "Emerson Bridge Park" means a portion of land that has been designated
by the County of Newell to be used for overnight camping, group use, and
day use. This also includes bodies or water that are adjacent to or
contained within the park as set in "Schedule B".
(q) "Highway" has the same meaning as in the Traffic Safety Act, RSA 2000, c
T-6, and amendments thereto.
(r) "Lease Holder" means a third party who rents land from the county of
Newell to operate a Campground.
(s) "Livestock" means:
(i) a horse, mule, ass, emu, ostrich, camel, llama, alpaca, sheep, or
goat,
(ii) domestically reared or kept deer, reindeer, moose, elk or bison,
(iii) farm bred fur animal(s) including foxes or mink,
(iv) animals of the bovine species,
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(v) animals of the avian species including chickens, turkey, ducks,
geese, pigeons or pheasants, and
(vi) all other animals that are kept for agricultural purposes, but does not
include cats, dogs, or other domesticated household pets.
(t) "Motor Vehicle" has the same meaning as in the Traffic Safety Act, RSA
2000, c. T-6, amendments thereto.
(u) "Occupy" means staying on a campsite and sleeping on that site and does
not include people visiting a campsite that has been registered to a Permit
Holder.
(v) "Off-Highway Vehicle" has the same meaning as in the Traffic Safety Act
RSA 2000, c T-6, amendments thereto.
(w) "Park Staff" means any personnel hired by the County of Newell and is
assigned to work in the Park.
(x) "Peace Officer" means:
(i) a Community Peace Officer as appointed by the Solicitor General of
Alberta,
(ii) a Bylaw Enforcement Officer as appointed by the County of Newell to
enforce bylaws of the County; or
(iii) a member of the Royal Canadian Mounted Police
(y) "Permit Holder" means a person who rents a campsite and is issued a
Camping Permit.
(z) "Portable Appliance" means any appliance sold or constructed for the
purpose of cooking food.
(aa) "Quiet Time" means the time between 11:00pm and 7:OOam, when the
Park shall be free of any excessive noise.
(bb) "Registration Form" means a form used by the County that a person shall
fill out when registering for a Camping Permit.
(cc) "Snow Vehicle" has the same meaning as in the Traffic Safety Act, RSA
2000, c T-6, amendments thereto.
(dd) "Unoccupied" means a campsite left without a Camping Accommodation
Unit after a Camping Permit is issued.
(ee) "Vegetation" includes all trees shrubs, plants, flowers and grass or all
ground cover, whether it is in its wild or natural state, or has been planted.
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(ff) "Violation Tag" means a notice or tag in a form as approved by the CAO,
issued by the Municipality allowing a voluntary payment option of a fine
established under this Bylaw.
(gg) "Violation Ticket" means a ticket issued pursuant to the Provincial
Offences Procedure Act, RSA 2000, c P-21.5, as amended and any
regulations thereto.
3. APPLICATION
This Bylaw shall apply to all campgrounds located in the County of Newell that are
operated and owned by the County of Newell or are leased by the County of Newell and
are leased to a third party.
4. CAMPING SEASON AND HOURS OF OPERATION
(1) The Camping Season for a Campground shall be determined by the County or the
lease holder on a year-to-year basis.
(a) No person shall camp in a Campground when it is closed for the season.
(2) The County may temporarily close Emerson Bridge Park or any portion of Emerson
Bridge Park and:
(a) No person shall be in Emerson Bridge Park or a portion of the Park when
closed,
(b) When a portion of Emerson Bridge Park or Emerson Bridge Park is closed a
sign may be used.
(3) Only Permit Holders, persons accompanying a Permit Holder and Authorized
Agents shall be present in Emerson Bridge Park between 11:00pm and 7:00am.
(4) Notwithstanding Section 4(1)(a) a person may camp in Emerson Bridge Park if:
(a) After Season Camping Agreement has been filled out, signed, and accepted
by the County of Newell and;
(i) the County may cancel the After Season Camping agreement if there
are any violations of this bylaw or the agreement,
(ii) the County may cancel the agreement for any other reason deemed
necessary
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5. REGISTRATION
(1) Prior to camping:
(a) a person shall obtain a Camping Permit by paying the necessary fees in full.
(2) A Camping Permit is valid from the date of purchase until 2:00pm of the last day
indicated on the permit.
(3) A Camping Permit is non-transferable.
(4) A Permit Holder must put a Camping Accommodation Unit on the campsite upon
issuance of a Camping Permit.
6. CAMPING
(1) No person shall put a Camping Accommodation Unit or otherwise camp in a
Campground except in designated campsites.
(2) Not more than eight (8) persons may be present on an individual campsite unless
they are members of a single-family unit. Two (2) family units of not more than
eight (8) people may occupy an individual campsite.
(a) Authorization may be given by the Authorized Agent to allow more persons
on a site.
(3) No person shall leave a campsite Unoccupied, unless authorized by Park Staff.
(4) A person shall not Occupy on a site after the Camping Permit expires.
(5) A Peace Officer or Park Staff may cancel a Camping Permit upon written or verbal
notice if the Permit Holder contravenes any portion of this bylaw. The Permit holder
shall vacate the campsite within one (1) hour from receiving the notice.
(6) A Permit Holder is responsible for all Persons camping on the campsite.
(7) No person visiting a campsite shall park a Motor Vehicle in a manner that impedes
traffic, nor causes damage to the Campground.
7. CONDUCT
(1) A person shall only consume alcohol on designated camping sites.
(2) A person shall only consume cannabis on designated camping sites.
(3) No person shall enter or remain in a Campground while intoxicated unless:
(a) the person is on a designated camping site and has permission from the
Permit Holder to be on that site, and
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(b) is not being disruptive on that site, and
(c) is not committing any offence in this Bylaw or any provincial or federal law.
(4) No person shall interfere with the right of others to the quiet and peaceful
enjoyment of a Campground.
(5) No person shall carry on disruptive activity during Quiet Time.
(6) A person in violation of any portion of Section 6 may be asked to leave the
Campground by an Authorized Agent, a Peace Officer, or Park Staff
(a) when a person is asked to leave, that person shall leave forthwith.
(7) No person shall enter the Campground for seventy-two (72) hours after being
removed.
8. FIRES
(1) Fires can only be fueled with seasoned wood, charcoal, coal or in the case of a
portable appliance with compressed gas in an approved cylinder.
(2) Portable appliances must be used in designated campsites or designated Day Use
sites.
(3) No person shall:
(a) start any fires except in the firepits provided for such use, and in accordance
with all rules and regulations governing such use,
(b) leave a fire unattended,
(c) throw or place upon the ground any burning material or substance within a
Campground without taking the proper precautions to extinguish said burning
material or substance,
(d) start a fire during a Fire Ban put in place by the County.
9. DAMAGE TO PROPERTY
(1) No person shall:
(a) destroy or remove any vegetation,
(b) walk, stand, or sit on or in any flower or shrub bed,
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(c) walk, cross, or use any grass, plot, or piece land where signs have been
posted prohibiting such use,
(d) mark, deface, climb or interfere with any sign, fence, building, wall, bench,
exhibit or any other property owned by the County of Newell.
10. DANGEROUS OBJECTS
(1) No person shall:
(a) discharge, ignite any fireworks or any explosives of any type,
(b) cast, throw or otherwise launch any stones, missiles, model rockets or
dangerous objects,
(c) discharge any firearm, pellet gun, dart, arrow, or other projectile shooting
equipment, explosives, or explosive devices in a campground,
(d) use animal traps, or snares.
(2) Firearms must be completely enclosed in a case or other covering designed for that
purpose.
11.VEHICLES
(1) While in the Campground a person shall only park a Motor Vehicle in areas
designated by the County to be used for that purpose or in a campsite the vehicle
is registered to.
(2) No person shall drive any Motor Vehicle on any part of a Campground other than
the roadway intended for vehicles.
(3) A maximum of two (2) Motor Vehicles will be allowed per campsite. Motor Vehicles
must be registered using the registration form by adding license plate numbers to
the form.
(4) If applicable, Motor Vehicles not registered to a campsite must be parked in a
designated Visitor's Parking area.
(5) No person shall park on the grass.
(6) No person shall drive or operate an Off-Highway Vehicle or Snow Vehicle in a
Campground.
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(a) Notwithstanding section 6, County employees and Emergency Services may
operate Off-Highway Vehicles or Snow Vehicles in the park when carrying
out their duties.
(7) No person shall exceed the maximum posted speed limit of 15 kilometers per hour
a Campground.
(8) An Authorized Agent or a Peace Officer may order the owner, operator or person
in charge of an object such as and not limited to a Motor Vehicle, Camping
Accommodation Unit, boat, trailer, piece of equipment, ice fishing hut, or appliance
to move the object when an object is:
(a) abandoned as defined in the Traffic Safety Act,
(b) remains in an area after authorization has expired, and/or
(c) located in a prohibited area.
(9) Where a person fails to move an object or a Motor Vehicle, a Peace Officer may
move or tow the object at their discretion.
(10) Where a Peace Officer removes an object, the owner is responsible for:
(a) all expenses related to the removal of the object, and
(b) all expenses related to the storage of the object, and
(c) all expenses must be paid before the object is released.
(11) An object stored pursuant to Section 12(8) and the object remains unclaimed for a
period of six(6)months from the date it was stored, shall be considered abandoned
by the owner and may be disposed of as the County deems appropriate.
12.ANIMALS
(1) Livestock are prohibited from being in a Campground.
(2) No person shall allow a Dog or other Animal to be At Large in a Campground.
(3) Dogs must be restrained by a leash, chain or other device not greater than three
(3) metres long when being walked in a Campground.
(4) When an Animal or Dog is on a campsite the owner must restrain the Animal or
Dog to that campsite.
(5) Subsection (3) does not apply to a Service Dog.
(6) No Person shall bring an Animal or Dog other than a Service Dog into:
(a) a public washroom, concession, picnic shelter, or other public building,
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(b) an area where signs have been posted prohibiting Dogs and Animals.
(7) Where an Animal or Dog defecates, the person who has custody of the Animal or
Dog shall remove the excrement immediately and dispose of it in a trash
receptacle.
(8) The Authorized Agent, a Peace Officer, or Park Staff may refuse to allow an Animal
or Dog to be in a campground, or require an Animal or Dog be removed from a
Campground, if there is reason to believe the Animal or Dog:
(a) may be a nuisance, and/or
(b) is a dangerous Animal or Dog and may cause injury or death to a person or
other Animal.
(9) An Animal or Dog running At Large may be captured by a Peace Officer, the
Director of Agricultural Services or Park Staff.
(10) Where the owner of the Animal or Dog that has been captured does not claim the
Animal within one (1) hour a Peace Officer, an Authorized Agent or Park Staff may
deliver the Animal to an Animal Shelter at the expense of the owner.
13. LITTER
(1) No person shall deposit or place in a Campground any paper, cardboard, food,
refuse, tins, bottles, glass or any litter or refuse of any kind likely to prove offensive,
injurious or unsightly to any user of a Campground unless such material is placed
in receptacles provided for the purpose of collecting such matter.
14. PROHIBITED ACTIVITIES
(1) A person who enters a Campground shall comply with all lawful orders and
directions given by:
(a) a Peace Officer,
(b) an Authorized Agent,
(c) Park Staff.
(2) No person shall dress, hang or store big game in a Campground.
(3) When in a Campground, no person shall distribute any handbills or circulars, nor
post, place or display any placard, notice, paper, advertising device or publicity
matter of any kind without written permission of an Authorized Agent, except
notices dealing with Public Health.
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Bylaw No. 1975-20
(4) No person or organization shall carry on a business or conduct of a special event
in a Campground without written permission from the Authorized Agent.
(5) No person shall feed wildlife in a Campground.
(6) No person shall deposit liquid or solid waste matter into a Campground, except in
a receptacle or area provided for that purpose by the County.
(7) No person shall bring commercial or residential waste matter into a Campground
for disposal.
(8) In areas of a Campground where waste disposal receptacles are not provided,
waste matter shall be carried out of the area for disposal.
(9) Unless authorized by an Authorized Agent, no person shall dig in a
Campground, remove any tree, rock or any other matter that is fixed or growing in
a Campground.
15. EXEMPTIONS
The employees or contracted agents of the County or the lease holders are exempt from
provisions of this Bylaw while acting in the course of their employment.
16. SEVERABILITY
Should any provision of this Bylaw be invalid, then such invalid provision shall be
severed, and the remaining Bylaw shall be maintained.
17. POWERS OF A PEACE OFFICER
(1) For the purpose of this Bylaw, a Peace Officer may:
(a) enter on and inspect any land, road, highway, structure or work in a
Campground;
(b) order any person in a campground to cease or refrain from any action,
omission or conduct that in the opinion of the Peace Officer is dangerous to
the life of or property or a person or is detrimental to the use and enjoyment
of a Campground,
(c) remove from a Campground any person:
(i) making unauthorized use of a Campground,
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(ii) failing to comply with any provision of this Bylaw,
(iii) creating a nuisance or disturbance,
(iv) committing a trespass or undesirable act.
18. OFFENCES
(1) Any person who contravenes a provision of this Bylaw is guilty of an offence and
is liable to a penalty.
(2) An Authorized Agent, or Parks Staff, may:
(a) Exclude or evict any person from a Campground who violates any portion of
this Bylaw,
(b) request the assistance of a Peace Officer to attend and remove any person
who violates any portion of this Bylaw, and
(c) where damage has been caused by any person in breach of any regulation
herein, where any person is charged or found liable, the County of Newell
may seek compensation for the cost of damages in addition to the penalty
imposed by the court.
(3) Where a Peace Officer believes on reasonable and probable grounds that a
person has contravened any provision of this Bylaw the Peace Officer may
commence proceedings by issuing a summons by means of a violation ticket
in accordance with Part 2 of the Provincial Offences Procedure Act R.S.A.
2000 c. P-34.
(4) Where a Peace Officer believes on reasonable and probable grounds that a
person has contravened any provision of this Bylaw the Peace Officer may
commence proceedings by issuing an Offence Notice by means of a violation
ticket in accordance with Part 3 of the Provincial Offences Procedure Act
R.S.A. 2000 c. P-34
(5) The specified penalty in respect of a contravention of this Bylaw is the amount set
out in "Schedule A" of this Bylaw.
(6) Pursuant to subsection 27(2)(d) of the Provincial Offences Procedure Act, if the
summons issued by a Peace Officer under subsection (1) so provides, the person
named in a summons may make a voluntary payment in the specified amount
set out in Schedule "A" of this Bylaw, and upon making the voluntary payment, that
person is not required to appear before a justice to answer the summons.
(7) A person who contravenes any provision of this Bylaw is guilty of an offence
and liable upon conviction to pay a fine of not less than the minimum
penalty set out in Schedule "A" of this Bylaw and not more than Ten Thousand
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Dollars ($10,000).
(8) Payment of any fine, pursuant to the provisions of this Bylaw, shall not relieve any
person from the obligation to pay any fees, charges or costs for which that person
is liable under the provisions of this Bylaw.
This Bylaw shall come into force and effect on the final day of passing thereof and rescinds Bylaw
1640-08.
March 19, 2020 MOVED BY COUNCILLOR TRACY FYFE that Bylaw 1975-20 receive FIRST
reading.
MOTION CARRIED
April 9, 2020 MOVED BY COUNCILLOR LIONEL JUSS that Bylaw 1975-20 receive SECOND
reading as amended.
MOTION CARRIED
April 9, 2020 MOVED BY COUNCILLOR HUBY KALLEN that Bylaw 1975-20 receive THIRD
and FINAL reading.
MOTION CARRIED
Reeve
fl---
Chief Administrative Officer
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Bylaw No. 1975-20
SCHEDULE A
PENALTIES
SECTION OFFENCE (Described) MINIMUM SPECIFIED
PENALTY PENALTY
4(1)(a) Camping when unauthorized when Campground is closed $75.00 $150.00
4(2)(a) Person enter closed/Closed portion of a Campground $50.00 $100.00
4(3) Being in a Campground between 11:00pm and 7:OOam $50.00 $100.00
when unauthorized
5(1)(a) Camping without registering and paying camping fees $150.00 $300.00
6(1) Camp in a Campground when not in a designated $75.00 $150.00
camping site
6(4) Remain on site after Camping Permit expires $150.00 $300.00
6(7) Park vehicle in manner that impedes traffic $50.00 $75.00
7(1) Consume alcohol where prohibited/outside of designated $100.00 $200.00
site
7(2) Consume Cannabis where prohibited/outside of $100.00 $200.00
designated site
7(3) Enter/remain in a Campground when intoxicated and not $100.00 $200.00
on designated site
7(4) Interfere with others right to quiet/peaceful enjoyment $150.00 $300.00
7(5) Carry on disruptive activity during quiet time $150.00 $300.00
7(6)(a) Fail to leave the Campground when requested to leave $500.00 $500.00
7(7) Enter a Campground within 72-hours after being removed $400.00 $400.00
8(2) Use portable appliance outside of day use spot or $50.00 $75.00
campsite
8(3)(a) Start fire not in a fireplace provided $250.00 $500.00
8(3)(b) Leave fire unattended $150.00 $300.00
8(3)(c) Throw burning material on the ground $150.00 $300.00
8(3)(d) Start fire during fire ban $500.00 $1000.00
9(1)(a) Destroy or remove Vegetation $75.00 $100.00
9(1)(b) Walk, stand, sit on or in any flower bed $50.00 $75.00
9(1)(c) Walk, cross, or use any grass, plot, or piece of land where $50.00 $75.00
signs have been posted prohibiting such use
9(1)(d) Mark, deface, climb or interfere with any sign, fence, $250.00 $500.00
building, wall, bench, exhibit, or any other property owned
by the County of Newell
10(1)(a) Discharge, ignite any fireworks or any explosives of any $200.00 $400.00
type
10 b1) Cast, throw or otherwise launch any stones, missiles, $200.00 $400.00
model rockets or dangerous objects
10(1)(c) Discharge any firearm, pellet gun, dart, arrow, or other $200.00 $400.00
projectile shooting equipment, explosives, or explosive
devices in a Campground.
10(1)(d) Use animal snare/trap in a Campground. $100.00 $200.00
10(2) Fail to have firearm encased $200.00 $200.00
11(1) Park where prohibited $50.00 $75.00
11(2) Drive vehicle off Highway $150.00 $300.00
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11(3) Exceed number of vehicles allowed on campsite $50.00 $75.00
11(4) Vehicle not registered to campsite parked on site $50.00 $75.00
11(5) Park on the grass $50.00 $75.00
11(6) Operate OHV or Snow Vehicle in a Campground. $150.00 $300.00
11(7) Exceeding 15km/h - Refer to s.108(1) and s.115 of the REFER TO TSA
Traffic Safety Act (TSA)Penalties: Provincial Offences
Procedure Act/Regulation: Part 28
12(1) Bring livestock into a Campground $100.00 $200.00
12(2) Dog or Animal At Large $75.00 $100.00
12(3) Dog not restrained properly $75.00 $100.00
12(6)(a) Bring/Have Animal or Dog into a public washroom, $75.00 $100.00
concession, picnic shelter, or other public building
12(6)(b) Bring/Have Animal or Dog in an area prohibiting Animals $75.00 $100.00
or Dogs
12(7) Fail to clean up after Animal or Dog defecates $75.00 $100.00
13(1) Littering $75.00 $150.00
14(1) Fail to obey lawful order/directions $200.00 $400.00
14(2) Dress, hang, or store big game in a Campground $75.00 $100.00
14(3) Soliciting in a Campground $75.00 $100.00
14(4) Carrying on an unauthorized event in a Campground $100.00 $150.00
14(5) Feed wildlife in a Campground $50.00 $75.00
14(6) Deposit liquid or solid waste matter in a Campground $200.00 $400.00
14(7) Bring commercial or residential waste into a Campground $200.00 $400.00
14(8) Fail to remove waste from a Campground $200.00 $400.00
14(9) Unauthorized digging $150.00 $300.00
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