Use of Beach, Marina and Water Area By-Law

By-Law No. 89-2008 to Provide for the Management, Control and Usage of Bayfield Main Beach, Bluewater Marina and Water Areas

Whereas Section 11(2) of the Municipal Act, S.O. 2001, c.25, as amended ("Municipal Act") authorizes a Municipality to pass by-laws respecting the economic, social and environmental well-being of the municipality and the health, safety and well-being of persons,

And Whereas Council of the Municipality of Bluewater considers it desirable that Bayfield Main Beach and the Bluewater Marina be maintained and controlled for the enjoyment and benefit of the citizens of and visitors of the Municipality of Bluewater,

Now therefore the Council of the Corporation of the Municipality of Bluewater hereby enacts as follows:

1. Definitions

1. In this By-law;
   1. Council means the elected Council of the Corporation of the Municipality of Bluewater.
   2. Parking Area means an area that is physically laid out or improved for the purpose of parking vehicles or that is designated by an official sign for such purpose.
   3. Vehicle includes truck, automobile, motorcycle, mini-bike, all terrain vehicle or other vehicle or conveyance of every description and whatever the mode of power.

2. General

Council or their designates has the right and authority under this By-law to post signs and restrict or limit use or attendance on any part or portion of the Bayfield Main Beach, Bluewater Marina and water areas for the interest of public safety and welfare and environmental well-being. No person shall contravene any designation made by Council or their designate under this section.

3. Prohibited Activities

No person shall, at Bayfield Main Beach, Bluewater Marina and water areas under any circumstances, engage in any of the following activities:

1. Allow any animal under their control or responsibility to run loose; leashes or leads shall be of a suitable nature to ensure complete control of the animal at all times.
2. Allow any animal under their control or responsibility to defecate without the immediate removal and disposal of said excrement.
3. Vandalize or otherwise cause damage to any facility or property, or cause willful injury to any person or their property.
4. Throw or dump, or cause to be thrown or dumped, or leave or deposit any refuse, garbage, ashes or any other material or litter, except in receptacles that may be provided for such purpose.
5. Drive any vehicle on Bayfield Main Beach or Bluewater Marina property, or operate any vehicle on any areas other than roadways, parking areas or on facilities intended for such vehicles.
6. Damage, relocate or interfere in any way with lifesaving or emergency equipment or signage installed for public safety and information.
7. Remove or damage plant materials, trees, shrubs, flowers or turf.
8. Camp or lodge overnight on Bayfield Main Beach. Boaters shall not camp or lodge overnight on shore, on Marina property.
9. No person shall build or light an open fire within the Bluewater Marina property.
10. No personal shall discharge any torpedo, rocket or other fireworks on Bayfield Main Beach or Bluewater Marina property.
11. No person shall fish within one hundred (100) feet of the swim zone.

4. Swim Zone

1. The swim zone is indicated on the Bayfield Main Beach information board map and delineated in the water by zone buoys.
2. Swimming is prohibited in the Bluewater Marina area.
3. Motorized boats and sail boats are restricted to the area outside of the swim zone.

5. Enforcement

1. Any Municipal Law Enforcement Officer or a Peace Officer, or other duly appointed individual shall enforce the provisions of this by-law.

6. Penalties 

1. Every person who contravenes the provisions of any section of this By-law is guilty of an offence and upon conviction liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P. 33, s. 61.
2. Any person who is convicted of an offence under this By-law shall also be liable to action at the suit of the Municipality of Bluewater to make good any damages to beach or marina property or facility.
3. Should any section of this By-law be declared by a Court of competent jurisdiction to be ultra vires or illegal for any reason, the remaining parts shall nevertheless remain valid and binding, and shall be read as if the offending section or part had been struck out.

7. Enactment

This By-law comes into force and take effect on the date of passing thereof.

Read a first and second time this 15th day of December, 2008.

Read a third and final time and passed this 15th day of December, 2008.