By-law L-100 (City of Dartmouth)

BY-LAW L-100

Being a by-law respecting safety on and use of lakes in the City of Dartmouth.

The Council of the City of Dartmouth enacts as follows:

1. In this by-law:

(a) "City" means City of Dartmouth.

(b) "Patrol Officer" means a Special Constable appointed by the City for the purpose of patrolling lakes in the City including the enforcement of this by-law or a police officer appointed by the Chief of Police or his delegate for that purpose.

(c) "Special Event" includes:

(i) any national or international aquatic event held on a lake in the City;

(ii) a regatta;

(iii) a power boat race;

(iv) an automobile rally, competitive motor vehicle event or display, held upon the ice of a lake in the City;

(v) a water ski show, tournament or competition;

(vi) an ice or ice activity;

(vii) a boardsailing race;

(viii) any event sponsored by the City which is held upon the waters or ice of a lake in Dartmouth.

(d) "Vehicle" includes anything propelled by wind or driven by other than muscular power and, without restricting the generality of the foregoing, includes a snowmobile, motorcycle, go-cart, jet-ski, windsurfer or sailboard and ice boat.

2. (1) Any club, group or organization wishing to hold a Special Event upon the waters or ice of lakes in the City of Dartmouth shall obtain a permit from the Dartmouth Parks and Recreation Department before holding such Special Event.

(2) Notwithstanding subsection (1) above, where a Special Event permit application requests the exclusive use of a lake, then the permit shall be issued by Dartmouth City Council.

(3) Application for the permit referred to in subsection (1) above must be made and approval given fourteen (14) days prior to the Special Event.

(4) The estimated costs to be incurred by the City to supervise any Special Event, including, if necessary in the opinion of Director of Parks and Recreation, the cost of providing an additional patrol boat, shall be paid by the applicant for a Special Event permit before the permit is issued. Any excess shall be refunded to the applicant within seven (7) days after the Special Event has taken place.

(5) The operator of any watercraft or vehicle notparticipating in the Special Event shall not operate such watercraft or vehicle in such a way as to interfere with the Special Event.

(6) Operating a watercraft or vehicle contrary to subsection (5) shall be an offence under this by-law.

3. Every person driving or operating a watercraft, or vehicle on any lake in the City shall drive or operate the same in a careful and prudent manner having regard to all the circumstances.

4. (1) No one shall operate a craft propelled by motor in excess of ten kilometres per hour on Lake Banook other than where it is used by a patrol officer in the execution of his duties or for the enforcement of this by-law.

(2) Subsection (1) above shall not apply if such person is participating in or aiding in the operation of a Special Event, participating in an emergency operation or assisting in the instruction or safety of persons using canoes or shells.

5. No one shall:

(a) dive, swim or fish from the bridge on highway 111 leading to the Mic Mac Rotary;

(b) dive or swim from the roads or any part of the Mic Mac Rotary;

(c) dive or swim from any Judge's stand;

(d) dive or swim from the shores of Lake Banook between the most easterly boundary of the lands of the Dartmouth YM-YWCA and the most easterly boundary of Graham's Grove;

(e) swim from any lane adjustment mechanism;

(f) swim in the marked lanes, marked water ski courses, or marked sailboard courses; or

(g) dive or swim from any water ski ramp

6. (1) No person, except a City employee on City business, shall use a motorized vehicle on the ice of any lake in the City unless he first obtains a permit from the Dartmouth Parks and Recreation Department, pursuant to Section 2 of this by-law.

(2) Notwithstanding subsection (1) above, a person may operate a snowblower, having a gross weight not exceeding 400 kilograms and at a speed of not more than 10 kilometres per hour, on the ice of any lake in the City.

7. Anyone who violates any provision of this by-law shall be guilty of an offence and shall be liable on conviction to a penalty not exceeding one thousand dollars ($1,000.00) or in default of payment to imprisonment for a period not exceeding sixty (60) days.

8. By-law C-552 is hereby repealed.

Done and passed in Council this day of A.D. 19

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Mayor

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City Clerk