Cultus Lake Park Board Bylaw No. 1056, 2014 BOATING BYLAW. A Bylaw to regulate boating and boat moorage within the Cultus Lake Park foreshore.

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1 Cultus Lake Park Board Bylaw No. 1056, 2014 BOATING BYLAW Adopted 04/23/2014/ A Bylaw to regulate boating and boat moorage within the Cultus Lake Park foreshore. WHEREAS Section 12 of the Cultus Lake Park Act (1932 and Amendments) enables the Cultus Lake Park Board to adopt bylaws; AND WHEREAS Part 7, Section 194 of the Community Charter provides for the imposition of fees for services; AND WHEREAS Part 8, Section 260 & 261 of the Community Charter provides for the enforcement of bylaws and payment of fines; AND WHEREAS, every person who offends against any of the provisions of this Bylaw or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any of the provisions of this Bylaw, or who does any act or thing which violates any of the provisions of this Bylaw, shall be in breach of this Bylaw, and shall be liable to the penalties that may be imposed under the Offences Act and/or as outlined in Schedule 6 of the Fees, Fines and Charges Bylaw. NOW THEREFORE the Cultus Lake Park Board in open meeting assembled, HEREBY ENACTS AS FOLLOWS: 1. TITLE 1.1 This Bylaw may be cited as Boating Bylaw No. 1056, RULES AND REGULATIONS 2.1 Every person operating or in the possession of a boat, boat trailer or ancillary or related equipment thereto within the Park is subject to the rules and regulations as outlined in Schedule A attached to and forming part of this Bylaw. 3. INTERPRETATION 3.1 Words or phrases defined in the British Columbia Interpretation Act, Motor Vehicle Act, Local Government Act, Community Charter, or any successor legislation, shall have the same meaning when used in this Bylaw unless otherwise defined in this Bylaw. 3.2 Schedule B contains definitions of terms used in this Bylaw and form part of this

2 Bylaw. 3.3 In this Bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine includes the feminine gender. 3.4 The headings contained in this Bylaw are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this Bylaw. 4. FEES, FINES AND CHARGES 4.1 All leaseholders, residents, visitors, and persons are subject to the fees, fines and charges as outlined in Schedule 6 of the Fees, Fines and Charges Bylaw. 5. SEVERABILITY 5.1 If any part of this bylaw is for any reason held invalid by a court or competent jurisdiction, the invalid portion shall be severed and the severance shall not affect the validity of the remainder. 6. EFFECTIVE DATE 6.1 This bylaw shall come into force and effect upon its adoption. READ A FIRST TIME THIS 9 th DAY OF APRIL, 2014 READ A SECOND TIME THIS 9 th DAY OF APRIL, 2014 READ A THIRD TIME THIS 9 th DAY OF APRIL, 2014 ADOPTED THIS 23 RD DAY OF APRIL, 2014 CLPB Chair CLPB CAO

3 SCHEDULE A RULES AND REGULATIONS 1. BOATING CONDITIONS IN THE PARK (a) No person shall launch or operate a motor boat from any lands in the Park if that motor boat is equipped with an exhaust system that permits the exhaust gases from the engine to be expelled directly into the air without first passing through the water unless the boat motor is equipped with a muffling device that ensures the exhaust gases from the engine are cooled and expelled without excessive noise and failure to comply will result in fines in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw; i. No person shall operate a motor boat powered by an engine equipped with the exhausting devices commonly described as dry stacks or dry headers; ii. No person shall operate a motor boat powered by an engine equipped with exhausting devices commonly described as water injected headers unless a properly operating muffler is installed thereto; iii. No person shall operate a motor boat so as to cause noise which disturbs the peace, rest, enjoyment, comfort or convenience of the neighborhood or of persons in the vicinity. (b) Motor boats are prohibited in all areas designated as swimming areas, dog swim areas, or areas defined by floats or buoys and failure to comply will result in fines in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw. (c) Boats of any kind are prohibited to be moored within 10 (ten) meters of a public wharf, swim lines, or other boats and failure to comply will result in fines in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw. (d) Boats of any kind are prohibited to be moored to public wharves and failure to comply will result in fines in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw. (e) All persons are required to observe the speed limits and conditions set out by Transport Canada for operation of a boat in the foreshore. (f) It is prohibited for any person using a boat of any kind to discharge any sewage, rubbish or petroleum wastes in the Park and failure to comply will result in fines in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw. (g) Fueling of boats from the public boat launch, and any area within the foreshore is prohibited, with the exception of commercial businesses which have received prior approval from the Cultus Lake Park Board, and section 1.(h). Failure to comply will result in fines in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw. (h) Fueling of boats from public wharves is permitted between the hours of 7:00am and 10:00am; and 7:00pm and 9:00pm. Failure to comply will result in fines in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw. (i) Boat houses and private wharves are prohibited without the express written permission of the Board. (j) Leaseholders may purchase an annual boat launch only permit for a fee as outlined in Schedule 6 of the Fees, Fines and Charges Bylaw. (k) A daily boat launch fee may be purchased for a fee as outlined in Schedule 6 of the

4 Fees, Fines and Charges Bylaw. Parking fees are not included in the boat launch fee. (l) A daily boat launch, vehicle, and trailer parking permit may be purchased for a fee as outlined in Schedule 6 of the Fees, Fines and Charges Bylaw. (m) Operation of motor boats within the foreshore is prohibited from 11:00pm to dawn, and failure to comply will result in fines in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw. 2. RAFTS & BUOYS WITHIN THE FORESHORE (a) All buoys shall be of the Transport Canada Regulatory Buoy standard; white with an orange band and failure to comply will result in fines in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw. (b) Cultus Lake Park shall monitor the foreshore for non-complying buoys, which shall be removed as required. (c) Cultus Lake Park staff will install several Cultus Lake Park buoys. Should a boat break loose from a private buoy, staff will make their best efforts to retrieve it and hook it up to one of these buoys. The boat shall be locked in place with a notice to the boat owner to contact the Cultus Lake Park Office, Visitor Services Office, or Sunnyside Campground Gatehouse to retrieve their boat. Once staff has confirmed boat ownership, they will release the boat. Cultus Lake Park assumes no liability for boats rescued in this manner. A fee for boat rescue is as outlined in Schedule 6 of the Fees, Fines and Charges Bylaw. (d) It is the responsibility of registrants to ensure that they use acceptable materials for their anchors. The list of acceptable anchors is available through the Transport Canada Navigational Waters Protection Agency. (e) Cultus Lake Park Staff will determine if engine block anchors are a risk to the environment and if so determined, will advise the anchor owner and require that it be removed. Should the owner not remove the anchor, Cultus Lake Park staff will remove the anchor for a fee as outlined in Schedule 6 of the Fees, Fines and Charges Bylaw. (f) The boat/buoy/raft owner will be responsible for the integrity of the entire mooring system (anchor, chain, buoy). (g) Cultus Lake Park will maintain a map of buoy/raft placement to minimize congestion when new buoys are registered. 3. BOAT, BUOY & RAFT REGISTRATION (a) Each buoy, boat and raft is required to be registered with Cultus Lake Park. A registration form is available at the Park Office and Visitor Services Office. The registration form will include the following information: i. Boat owner contact information - name, address, phone number(s), (at Cultus Lake Park and otherwise, if applicable), address, description of boat (make, model, length, colour), K number or registration number, pleasure craft operator s

5 number, federal registration number, trailer license number, and location of buoy. ii. The registration form will advise the owner of their responsibility to provide adequate insurance and their signature will acknowledge that Cultus Lake Park will be provided with proof of insurance. iii. Description of the Cultus Lake Park required buoy. iv. At the time of new registration, the boat/buoy or raft owner may be required to provide current proof of residency (e.g. current property tax assessment, or lease document utility bill, etc.). v. Foreshore speed maximum of five (5) kilometers per hour. (b) Registration is mandatory annually, by March 15 of each year, for the following (Registration fees are as outlined in Schedule 6 of the Fees, Fines and Charges Bylaw: i. Boats and buoys of residential and commercial leaseholders, as well as ii. Boats and buoys of non-leaseholders. iii. Buoys required by leaseholders who rent their cabins and provide a buoy for use of renters. (c) If the owner of a raft wishes to retain control and assume liability for the raft, then the owner must register the raft each year with Cultus Lake Park. No annual fee will apply. If the owner does not wish to assume responsibility and liability, the raft will be removed by Cultus Lake Park staff. Adequate notice will be given to the owner. (d) Any new or replacement raft will require written permission from the Cultus Lake Park Board. (e) Where the name on the lease is different from the registered owner of the boat - the leaseholder must co-sign the registration form accepting full responsibility (including ensuring adequate insurance is provided) for the boat and moorage. (f) For leaseholders that rent their homes and include a moorage spot with the rental all boats of renters must be registered with the Park, including proof of insurance. 4. MOORAGE & STORAGE (a) Boat moorage in the foreshore is prohibited in all swim areas. Failure to comply will result in fines in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw. (b) No person shall store or leave any boat, or ancillary or related equipment thereto (excluding registered rafts and boats or ancillary or related equipment thereto that is wholly confined to a leaseholder s lot) within the Park between the period of October 15 to March 31. Failure to comply will result in fines in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw. (c) Boat moorage shall be permitted within the foreshore between the period of April 1 to October 15 with the exception of any public area or any grassed area. Failure to comply will result in fines in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw. (d) Boats are not permitted to be chained or tethered to any tree in any way. Failure to comply

6 will result in fines in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw. (e) Any such boat, or ancillary or related equipment left in violation of subsections (a), (b), (c) and (d) above, will be removed and the owner will be subject to a fine in accordance with Schedule 6 of the Fees, Fines and Charges Bylaw. Any article in storage for a period of 90 days will be disposed of. Whenever possible, owners will be notified before disposal. 5. BOAT TRAILER PARKING (a) Leaseholders and residents may park their boat trailer within their lease lot boundaries. (b) Daily boat trailer parking is available in the designated parking areas within Lot B (Main Beach) for a fee as set out in Schedule 6 of the Fees, Fines and Charges Bylaw. (c) Daily (June 1 to September 30) boat trailer parking is available for leaseholders at the Public Works Yard for a fee as set out in Schedule 6 of the Fees, Fines and Charges Bylaw. (d) Monthly outdoor boat and boat trailer parking is available for leaseholders at the Public Works Yard between the time period of October 1 to May 31 for a fee as set out in Schedule 6 of the Fees, Fines and Charges Bylaw. 6. RIGHT TO DISPUTE (a) Any person issued a Bylaw violation notice pursuant to this Bylaw may appeal first to the Manager of Community Services in writing within seven (7) business days from the date the notice was issued, and who shall review and decide upon the appeal. A further appeal may be made to the Chief Administrative Officer within seven (7) business days from the date of notification of appeal decision by the Manager of Community Services.

7 SCHEDULE B DEFINITIONS OF TERMS Board means the elected Board for the Park; boat means any watercraft or vessel propelled on water by an engine, oars or sails. foreshore means the area under Lease Agreement from the Ministry of Forests, Lands and Natural Resource Operations within Cultus Lake Park along the lakeshore, and 300 feet or 90 meters in to the lake from the high water mark; grassed area means the grassed area between the foreshore and lakeside residences and other such structures; leaseholder means a person(s) having a current and valid lease with the Cultus Lake Park Board; owner means a person in possession or operation of a motor vehicle, boat, or ancillary or related equipment; Park means the area within the Park boundaries as outlined in the Cultus Lake Park Act. 1932, and the foreshore assigned to the Park by the Province of British Columbia; Park staff means any person employed by Cultus Lake Park; person includes a natural person, a company, corporation, partnership, firm, association, society, or party and the heirs, executors, administrators, occupier or tenant of leased land, personal or other legal representatives of a person to whom the context can apply according to law; however does not apply to Park staff fulfilling or carrying out duties and responsibilities; public areas means any street, laneway, avenue, way, drive, boulevard, sidewalk, driveway, beaches, wharves, school ground, or such premises as the Board may from time to time designate; resident means a person(s) renting a residence within Cultus Lake Park from a leaseholder; wharves or wharf means a structure extending alongshore or out from the shore into the Cultus Lake Park foreshore.

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