THE CORPORATION OF THE CITY OF MISSISSAUGA

MARINA BY-LAW 187-05

WHEREAS sections 9 to 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as

amended (“Municipal Act ”) confer the power to a municipality to pass by-laws regulating
and prohibiting with respect to culture, parks, recreation and heritage;

AND WHEREAS sections 9 to 11 of the Municipal Act confer the power to a

municipality to pass by-laws regulating and prohibiting with respect to parking on
municipal parking lots and structures;

AND WHEREAS section 9(3)(b) of the Municipal Act confer the power to a
municipality, in exercising its powers to regulate and prohibit respecting a matter, to
provide for a system of licenses, permits, approvals or registrations respecting the matter,
and to impose conditions as a requirement of obtaining, continuing to hold or renew a
license, permit, approval or registration;

AND WHEREAS section 128(4) of the Highway Traffic Act, R.S.O. 1990, c. H-
8, as amended, confers the power upon a municipality to pass by- laws prescribing the rate
of speed for motor vehicles driven in a public park or exhibition ground;

NOW THEREFORE the Council of the Corporation of the City of Mississauga

ENACTS as follows:

PART I: DEFINITIONS

1. In this By-law:

“authorized sign” me ans any sign, notice, or other device placed or erected in or
upon a marina by the Corporation;

“City” means the land located within the territorial boundaries of the City of
Mississauga;

“Commissioner” means the Commissioner of Community Services or his

designate;
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“Corporation” means The Corporation of the City of Mississauga;

“designated area” means an area of marina designated by the Commissioner for a

specific purpose or use;

“docking season” means the timeframe as determined by the Commissio ner each
year to permit the docking of watercraft at the Lakefront Promenade Park Public
Marina;

“docking space permit” means a permit to dock a watercraft at a marina;

“enforcement officer” means a police officer or an employee of the Corporation

who has been designated as a municipal law enforcement officer by by- law;

“life-saving equipment” means any equipment placed in the marina by the

Corporation for the purpose of providing emergency life-saving support to
persons in the marina;

“Manager” means the Manager, Marina Operations, or his designate;

“marina” means the Lakefront Promenade Park Public Marina as provided in

Schedule A and the Credit Village Marina as provided in Schedule B;

“Marina Staff” means a permanent full-time employee in the Recreation and

Parks Division of the Corporation;

“permit” means a written authorization issued by the Commissioner under this

By-law;

“person” means an individual, partnership, association, firm or corporation, and in

the case of a minor, the person having custody of the minor;

“roadway” means a road that has been improved and designed for vehicular traffic
use;

“watercraft” means any device for conveyance in or on water, including but is not
limited to boats, row boats, sailboards, canoes, kayaks, and dinghies.

PART II: ADMINISTRATION

2. 1) The Commissioner shall be responsible for the administration and

enforcement of this By- law.
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2) As part of his responsibility to administer this By-law, the Commissioner

may:

a) designate designated areas within a marina;

b) designate areas within a marina to be excluded from the public;

c) make regulations and impose conditions upon which a designated

area shall be used;

d) make regulations and impose conditions for the orderly use of the
marina and any marina facilities;

e) determine the exact timeframe for the summer and winter docking
seasons;

f) issue permits for specific uses of a marina or marina facilities;

g) impose conditions as a requirement of obtaining, continuing to

hold or renewing a permit, in addition to the requirements under
this By- law, and such conditions may vary depending on the type
of permit;

h) levy late payment charges on the basis of the rate as set in the
applicable City of Mississauga Fees and Charges By-law against
the applicant for a permit for payments made after the due date as
set by the Commissioner; and

i) revoke a permit as a result of a breach of a condition of the permit

or a provision of this By-law.

PART III: EXEMPTIONS

3. This By- law shall not apply to:

1) employees or agents of ambulance and police services acting in the scope

of their duties to provide emergency services or enforcement activities
within a marina;

2) the vehicles and other properties of ambulance and police services used
for the purpose of providing emergency services or engaging in
enforcement activities within a marina;

3) the Corporation, its vehicles, and its employees or agents acting within the
scope of their duties as employees or agents of the Corporation.
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4. The Commissioner may exempt persons from all or part of the requirements and
prohibitions of this By- law from time to time if such exemption is required for the
beneficial administration of a marina.

PART IV: PERMITS

Application

5. An applicant for a permit under this By-law shall:

1) complete an application for the permit on the forms as provided by the

Commissioner;

2) submit a completed application together with the fee as set out in the
applicable City of Mississauga Fees and Charges By-law; and

3) provide any documentation and insurance certificates as required by the

Commissioner as prerequisites and requirements for the issuance of the
permit, including proof of compliance with federal requirements for
operating commercial watercrafts in the marina.

6. The registered owner of a watercraft may submit an application for a docking

space permit to dock his watercraft at a marina.

Compliance

7. 1) A permit holder shall comply or ensure the compliance of all the

provisions and conditions of the permit and this By- law.

2) Failure to comply with any provision or condition of a permit or this

By-law may result in the revocation of the permit by the Commissioner, in
addition to any other enforcement proceedings against the permit hold er as
permitted by law.

3) Failure to comply with any federal or provincial regulations with respect

to the use and/or operation of a watercraft in the marina may result in the
revocation of a permit by the Commissioner, in addition to any other
enforcement proceedings against the permit holder as permitted by law.

4) The permit holder of a revoked permit shall immediately cease or ensure

the immediate cessation of all the activities for which a permit has been
issued upon revocation of the permit under subsection (2).
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8. The issuance of a permit under this By-law does not relieve any person from the
necessity of acquiring any other license or permit required for carrying on an
activity in a marina under any other applicable laws, by- laws, regulations, and
requirements of other governmental authority.

Property of the Corporation

9. A permit is the property of the Corporation and is not transferable unless

otherwise authorized by the Commissioner.

Refunds

10. 1) Refunds for a docking space permit are not granted for docking space
rental at the Credit Village Marina, unless the Commissioner deems it
appropriate under the following circumstances:

a) permit holder cannot use the docking space due to acts of nature or
any other personal emergencies beyond the holder’s control; or

b) the watercraft must be removed for repair.

2) Refunds for a docking space permit at the Lakefront Promenade Park

Public Marina will only be granted subject to the conditions stated in this
By-law.

11. 1) Refunds for a docking space permit at the Lakefront Promenade Park
Public Marina for the summer docking season will only be granted in the
following circumstances:

a) the ownership of the watercraft is transferred and the new owner

does not wish to continue the use of the rented docking space; or

b) the request for the refund is made prior to the 1st day of the
summer docking season; or

c) the request for the refund is made during the course of the summer
docking season and a permit for the docking space in question is
issued to another person.

2) For refunds made under subsection (1)(a), the refund shall be calculated
for the period of time between the last day of the month of cancellation to
the end of the season.
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3) For refunds made under subsection (1)(b), the refund shall be made for the
full summer docking season subject to a $100.00 administration fee.

4) For refunds made under subsection (1)(c), the refund shall be calculated
for the period of time between the last day of the month of cancellation to
the last day of the season, except no refunds shall be granted after August
1st of each year.

12. 1) Refunds for a docking space permit at the Lakefront Promenade Park
Public Marina for the winter docking season will only be granted subject
to the following conditions:

a) If the request for the refund is made prior to November 1st of each
year, full refund will be granted subject to a $100.00
administration fee.

b) If the request for the refund is made between November 1st and
14th of each year, refunds will be granted subject to one month
rental fee for the docking space.

c) No refunds will be granted for requests made starting November

15th of each year.

PART V: DOCKING

13. Except as provided in section 14:

1) No person may dock, anchor, or moor a watercraft at a marina without a

permit.

2) No person may dock, anchor, or moor a watercraft at a marina in any area

except in the designated area as provided in the permit.

3) No person may dock, anchor, or moor a watercraft at a marina except

within the timeframe as provided in a permit.

4) The operator of a watercraft shall enter and depart the dock using engine
power.

14. 1) No person may dock, anchor, or moor a watercraft at a launch ramp for
more than 30 minutes.

2) No person may launch a watercraft at marina other than at a designated

area.
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3) No person may launch a watercraft at a launch ramp unless the person has
paid the launch fee as provided in the applicable City of Mississauga Fees
and Charges By- law.

15. The permit holder for docking shall remove his watercraft from the dock by the
last day of the permitted timeframe as provided on his permit. Failure to do so
may result in:

1) the removal of the watercraft by the Corporation at the permit holder’s

expense; and/or

2) the permit holder incurring additional storage fees for each day of use of
the dock; and/or

3) enforcement proceedings against the permit holder for committing an

offence under this By- law.

16. 1) Any damages to the dock and any other marina facilities caused by the
owner of the watercraft, his agent, his guests or visitors, or any person
under his custody, may result in the revocation of the permit to use the
dock.

2) In addition to subsection (1), the owner of the watercraft of which a permit

is granted is nevertheless responsible for all damages that may be caused
to the dock and/or other marina facilities by reason of operating or
docking of the watercraft and/or the use of the marina facilities.

17. 1) The owner of a watercraft shall inform Marina Staff of any departure of
his watercraft from the marina for over 24 hours. The said owner shall
inform the Marina Staff of the number of days that his watercraft is going
to be out of the marina.

2) The Commissioner may issue a permit for the use of any vacant dock
space as a result of departures as provided in subsection (1). The permit
may be issued for a maximum of the period of time that the watercraft is
out of the marina as advised by the owner in subsection (1).

18. 1) In the event that a watercraft sinks at the marina, the owner of the
watercraft shall remove the watercraft forthwith.

2) Failure to remove a watercraft as provided in subsection (1) may result in:

i) the removal of the watercraft by the Corporation at the owner’s

expense; and/or
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ii) enforcement proceedings initiated against the owner of the

watercraft for committing an offence under this By- law.

19. 1) In the event that the permit for use of docking facilities is revoked, the
owner of the watercraft shall remove his watercraft forthwith, and in any
event, not later than three days after service of the notice of revocation of
the permit.

2) A notice of revocation may be served by:

a) delivering it personally to the owner of the watercraft; or

b) securely posted on the watercraft; or

c) sending it by registered mail to the last known address of the

owner of the watercraft.

3) Service of a notice of revocation served by registered mail is deemed to be

made on the fifth day after the day of mailing.

4) Should the owner fail to remove the watercraft as required under

subsection (1), the Corporation may:

a) remove the watercraft at the expense of the owner; and/or

b) charge a per diem rental rate for the use of the dock facilities by
the owner without a permit; and/or

c) initiate any enforcement proceedings against the owner for

committing an offence under this By- law.

PART VI: GENERAL PROHIBITION

General Conduct

20. While in a marina, no person sha ll:

1) engage in riotous, boisterous, violent, threatening, or illegal activity; or

2) cause any damage to the docks or any other marina facilities; or

3) cause any alterations to be made to the docks or quay; or

4) erect, place, or cause the erection or placing of a satellite on the docks; or

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5) erect, place, or cause the erection or placing of a locker or dock box on the
docks; or

6) allow any part of the bow or stern of his watercraft to overhang the dock
or obstruct the dock in any other way; or

7) engage in any activity that creates a nuisance or that interferes with the use
and enjoyment of the marina by other persons; or

8) engage in any activity that may cause injury or damage to any person or
property; or

9) disobey an authorized sign; or

10) operate any powered models of aircraft, watercraft or vehicles; or

11) swim; or

12) engage in fishing other than in a designated area and during designated
times; or

13) engage in wind-surfing; or

14) use a skateboard or roller-blades other than in a designated area; or

15) ride a bicycle other than in a designated area; or

16) damage any plant, shrub, tree, flower, or any other form of vegetation; or

17) erect, place, install, or cause the erection, placing or installation of any
permanent or temporary structure, including a tent or booth, without a
permit; or

18) camp or erect or place a tent or temporary abode of any kind on the lands;
or

19) climb, remove, damage, or deface any fence, bench, seat, table,
monument, sign, building, structure or equipment; or

20) hang out or display laundry on a watercraft when docked at the marina, on
the docks or piers, or on any other marina facilities or lands.
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Repair of Watercrafts

21. No owner of a watercraft may effect any repair, or cause or direct the repair of his
watercraft at the marina without a permit.

Fuelling of Watercrafts

22. No person shall fuel a watercraft:

1) from any vehicle or other equipment on land, including the piers or docks,
except from a designated area and using the equipment as provided by the
Corporation; or

2) from another watercraft; or

3) without a fuel attendant of the Corporation on duty and supervising the

fuelling.

Parking of Watercrafts

23. Unless otherwise authorized by permit, no person may park:

1) a watercraft and/or a boat trailer in a marina parking lot;

2) a boat trailer with a watercraft on it in a marina parking lot, unless the boat
trailer is parked together with the vehicle in a designated area for not more
than four (4) hours.

Life-Saving Equipment

24. No person shall:

1) remove any life-saving equipment from its storage place other than in the
case of emergencies; or

2) damage any life-saving equipment.

Waste

25. No person shall dump, deposit, drain, discharge, or otherwise dispose of any
waste, oil, inflammable liquids, oily bilges, or any other material and toxic
liquids:

1) into Lake Ontario or any watercourse or body of water; or

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2) anywhere in the marina, except for waste generated from the use of the
marina and wholly into the appropriate waste or recycling receptacles
provided in the marina for such purposes.

Noise

26. In addition to section 20(7), no person shall:

1) create any loud noise that, in the opinion of the Marina Staff or an
enforcement officer, disturbs or interferes with the use and enjoyment of
the marina by other persons between the hours of 11:00pm to 6:00am
daily.

2) use any outdoor speaker or any other sound amplifying equipment

between 11:00pm to 6:00am daily.

Washrooms and Change-rooms

27. 1) No person shall enter into any washroom, bathhouse, or change-room set
apart for the opposite sex, unless the person is six (6) years old or under
and is accompanied by an adult.

2) No person shall use or operate or turn on any photographic devices,

including cellular phones with video or photographic functions, video
equipment, or camera in a washroom, bathhouse, or change-room in the
marina.

Animals

28. In the marina, no person shall:

1) allow his animal to be at large and not on a leash; or

2) bring or allow his animal into the public washroom or change-room,

except for a service animal that is used by the person.
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Campfire and Barbeque

29. While in a marina, no person shall:

1) light, build or stoke a fire without a permit; or

2) light, build or stoke a fire on the marina fuel dock and/or 7.62 metres (25
feet) of the fuel dispenser; or

3) engage in a barbecue in an area other than a designated area; or

4) use fuel other than charcoal or briquettes in a barbecue provided by the

municipality, unless authorized by permit; or

5) violate any provisions of the Open Air Burning By- law 49-03, as
ame nded.

30. In the case of any conflict between this By-law and the Open Air Burning By- law
49-03, as amended, the Open Air Burning By- law shall take precedence.

Commercial Activities

31. 1) Unless authorized by permit, no person shall, while in a marina, sell, offer
to sell, or display for sale:

a) any flowers, food, including fruits and vegetables, drinks, or

refreshment;

b) any goods, wares, merchandise, or articles, including promotional

material, souvenirs and novelties;

c) any art, skill, service, or work.

2) Unless authorized by permit, no person shall, while in a marina, practice,

carry on, conduct, or solicit for any trade, occupation, business,
profession, or charity.

32. 1) No person shall film or make television broadcast while in a marina

without a permit, except if the filming/broadcast is conducted by the news
media.

2) No person shall photograph or videotape for commercial use in a marina

without a permit.
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33. No person shall:

1) distribute or display any handbill, notice, or any other type of circulars,

bills, advertisements, or any form of promotional item or samples in a
marina without a permit; or

2) erect, display, alter or allow the erection, display, or alteration of any sign
in a marina unless in compliance with the City of Mississauga Sign By-
law 54-02, as amended.

PART VII: VEHICLES

General Prohibitions

34. 1) Unless otherwise permitted, no person shall drive, operate, pull, or ride
any vehicle in a marina except on a roadway or parking area.

2) In addition to subsection (1), no person shall drive, operate, or park:

a) any heavy machinery or equipment of whatever mode of power;

b) any truck except for the purpose of making a delivery to a

point within the limits of the marina;

c) any recreational ve hicles commonly known as “RV”s which may

provide living accommodations for persons.

35. No person shall use a roadway or parking area in a marina for:

1) washing, cleaning, servicing, maintaining or the repair of a vehicle or

watercraft; or

2) instructing, teaching, or coaching any person in the driving or operation of

vehicle; or

3) games or sport activities.

36. 1) No person shall park any vehicle in a parking space except while using the
marina.

2) Notwithstanding subsection (1), no trailers may be parked in a parking

space in a marina without a permit.
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3) No person shall park a school bus in a marina except for the purpose of
pick-up and drop-off, and in any event, no person shall park a school bus
for that purpose for more than 30 minutes.

Speed

37. No person shall operate a motor vehicle on a roadway in excess of the posted
speed limit.

38. All roadways in a marina shall have a maximum speed limit of 25 kilometres per
hour for all vehicles.

PART VIII: ENFORCEMENT

39. 1) An enforcement officer or Marina Staff may order any person believed to
be contravening or have contravened any provision of this By- law:

a) to immediately desist from the activity constituting or contributing

to such contravention;

b) to immediately remove from the marina any animal or thing owned

by or in the control of such person which is involved in such
contravention; or

c) to leave the marina immediately.

2) An enforcement officer or Marina Staff may order any person engaging in

an activity that requires a permit under this by-law to provide the original
copy of the permit for inspection.

3) No person shall fail to comply with the order given by an enforcement

officer or Marina Staff in subsections (1) or (2).

40. Every person who contravenes any provision of this By- law is guilty of an
offence and is liable to a fine and any other penalties imposed pursuant to the
Provincial Offences Act, R.S.O. 1990, c. P-33, as amended.
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PART IX: VALIDITY

41. If a court of competent jurisdiction declares any section or part of a section of the
By-law invalid, it is the intention of Council that the remainder of the By- law
shall continue to be in force.

PART X: INTERPRETATION

42. 1) Words importing the singular number or the masculine gender only
include more persons, parties or things of the same kind than one, and
females as well as males and the converse.

2) A word interpreted in the singular number has a corresponding meaning

when used in the plural.

PART XI: SHORT TITLE

43. This By- law may be referred to as the “Marina By-law”.

ENACTED and PASSED this 25th day of June, 2005.

Signed by: Hazel McCallion, Mayor and Crystal Greer, City Clerk