Citation

1.0   (1.1) Bylaw No. 2513-2016 may be cited as "Outdoor Special Event, Filming & Activities Bylaw, 2016".

Interpretation

2.0   (2.1) The definitions set out in the attached Schedule "A" apply to this Bylaw.

(2.2) In this Bylaw, words in the singular include the plural and vice versa and gender specific terms include both genders and include corporations.

(2.3) A reference to another enactment in this Bylaw refers to the enactment as it may be amended or replaced from time to time.

(2.4) The headings in this Bylaw are for convenience only and must not be construed as defining or in any way limiting the scope or intent of the provisions of this Bylaw.

(2.5) If any provision contained in this Bylaw is for any reason held to be invalid by any court of competent jurisdiction, the invalid portion will be severed will not affect the validity of the remainder of the Bylaw.

General

3.0   (3.1) No person may publicize, hold or permit the publication or holding of a Special Event except in accordance with a Special Event Permit issued under this Bylaw.

(3.2) No person may publicize, hold or permit the publication or holding of a Filming Activity, except in accordance with a Film Activity Permit issued under this Bylaw.

(3.3) No person or participant may hold or permit the holding of a Conveyance of Expression Activity, except in accordance with a Conveyance of Expression Activity Permit issued under this Bylaw.

(3.4) The following persons may be Applicants:

(a) the owner of the Site;

(b) a person acting on behalf of the owner of the Site; or

(c) a person responsible for the Special Event, Filming Activity or Conveyance of Expression Activity.

(3.5) Every Applicant must comply with all applicable laws, bylaws, orders, directions, ordinances and regulations of any governmental authority having jurisdiction in any way with respect to the Site, Special Event, Filming Activity or Conveyance of Expression Activity including, but not limited to, the Abbotsford Police Department, BC Safety Authority, WorkSafe BC, Fraser Health Authority, British Columbia Liquor Control and Licensing Branch and the Agricultural Land Commission.

Application requirements for Special Events

4.0   (4.1) An Application for a Special Event Permit must be made in writing not less than 60 days and not more than 270 days before the Special Event is to commence in a form approved by the City Manager together with the applicable Special Event Permit Fee.

(4.2) The Applicant is responsible for any costs, charges and expenses associated with the Application.

(4.3) An Application must include such information and supporting documentation as the City Manager may deem necessary or advisable with respect to policing, Highway and traffic control, water and other City services, potential adverse impacts such as nuisance and other conditions that may be relevant to ensure public health and safety and the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public, taking into account the size, scope, nature and location of the Special Event, including:

(a) the Applicant's name, address and telephone number;

(b) if the Applicant is not the owner of the Site, the written consent of the owner authorizing the Applicant to act as the owner's agent;

(c) the written consent of any occupiers of the Site;

(d) the civic address and legal description of the Site;

(e) any water body or Top of Bank within 30 metres of the Site;

(f) the date or dates proposed for the Special Event, including setup and teardown;

(g) the total number of people expected to attend, whether as spectators or participants, including volunteers; and

(h) a description of the Special Event and a detailed Site plan with proposed arrangements for the following:

(i) the location and use of existing Structures and Buildings and any proposed Structures and Buildings, whether temporary or permanent, including any proposed temporary seating arrangements and barricades;

(ii) traffic control and means of transport on and around the Site including access routes for emergency vehicles, any proposed closures of roads or Highways, and parking arrangements;

(iii) washroom, hand washing and other sanitary facilities;

(iv) solid waste facilities including garbage, recycling and composting collection and disposal;

(v) domestic water supply facilities;

(vi) food and beverage preparation, storage and serving facilities, including any cooking facilities, whether on or offsite;

(vii) electricity and power supply to the Site;

(viii) policing and other necessary security and crowd control on and around the Site;

(iv) fire protection and fire plan for the Site;

(x) emergency medical and first aid facilities;

(xi) lost children;

(xii) land disturbance, dust and sediment control;

(xiii) noise control measures to protect the quiet, peace, rest, enjoyment, comfort and convenience of neighboring residents and the general public; and

(xiv) list of vendors.

(i) written statements from the following confirming that they are satisfied with the Applicant's arrangements for the Special Event:

(i) the Medical Health Officer, with respect to public health;

(ii) the Chief Constable, with respect to public safety and security;

(iii) the Fire Chief, with respect to public safety and security;

(iv) the General Manager, Engineering and Regional Utilities, with respect to public safety and security; and

(v) the General Manager, Parks Recreation and Culture, with respect to public safety and security;

(j) where part of a Special Event is to be held outside the City, written confirmation of approval or consent from the relevant local government for that part of the Special Event to be held outside the City;

(k) where a proposed Site is in the ALR, or on land(s) zoned A (Agriculture), written consent of the ALC or Ministry of Agriculture;

(l) where access to and from a proposed Site depends on or may reasonably be expected to affect provincial highway traffic, a written statement from the Ministry of Transportation & Infrastructure confirming that the Ministry is satisfied with the Applicant's arrangements for the Special Event; and

(m) where access to or from a proposed Site depends on a forest service road, a statement from the Ministry of Forests, Lands, and Natural Resource Operations confirming that the Ministry is satisfied with the Applicant's arrangements for the Special Event.

(4.4) If a Site comprises or includes more than one (1) parcel or portion of Highway, then the Application must include a Site plan for each parcel or portion of Highway.

(4.5) Applicants must provide the City in advance with details of the form, content, means and extent of proposed materials by which the Applicant will notify the owners and occupiers of any parcels that are adjacent to the Site or that may be affected by the Special Event.

(4.6) In addition to notifying owners and occupiers of any parcels that are adjacent to the Site or that may be affected by the Special Event, the City Manager may require the Applicant to post signage in public places and provide further notice including, but not limited to, any one (1) or more of the following:

(a) posting Highway signage, where traffic is impacted, at or near the entrance to the Site, indicating the date(s) and time(s) of the Special Event; and

(b) publication in the local newspaper of information of interest to the public about the Special Event.

Indemnification for Special Events

5.0   (5.1) A Special Event Permit will not be valid unless and until the Applicant provides the City with a written undertaking to indemnify and save harmless the City and its directors, officers, servants, agents, employees, contractors, subcontractors, and others from and against all costs, losses, damages, compensation, claims, demands, actions, judgments and expenses, including actual legal expenses of every kind, description and nature whatsoever, in any way connected with or arising from the Special Event, in whole or in part, including but not limited to, any death or injury to persons or property loss or damage resulting from any acts or omissions of the Applicant, its directors, officers, servants, agents, employees, contractors, subcontractors and others, or that would not have occurred but for the use or occupation of the Site by the Applicant.

Security Deposit for Special Events

6.0   (6.1) A Special Event Permit will not be valid unless and until the Applicant provides the City with a Security Deposit to ensure full and proper compliance with the Special Event Permit and this Bylaw in an amount to be determined by the City Manager based on the size, duration and nature of the proposed Special Event and associated risk including, but not limited to, the risk of damage to the Site or public property and infrastructure.

(6.2) The City will hold the Security Deposit without interest for a maximum of 60 days following the conclusion of the Special Event, at which time the City will return the Security Deposit subject to Section 6.3.

(6.3) If the Applicant fails to comply with the terms and conditions of the Special Event Permit or, if the Special Event results in damage to the Site or public property or infrastructure which the Applicant fails to remedy upon demand, then the City or its agents or servants may enter onto the Site and perform such work as is necessary to cleanup, repair, reconstruct or replace the Site, public property or infrastructure and the City may draw upon and use all or a portion of the Security Deposit to cover the costs of such work. Damage includes, but is not limited to, damage caused by a participant or spectator at the Special Event.

(6.4) The City may recover any costs that exceed the Security Deposit and that are not paid in full by December 31 of the year in which the costs were incurred from the owner of the Site in the same manner and with the same remedies as for property taxes.

Insurance for Special Events

7.0   (7.1) A Special Event Permit will not be valid unless and until the Applicant provides the City with proof of Commercial General Liability insurance in a form and with an insurer acceptable to the City:

(a) in the amount of:

(i) $2,000,000 minimum, per occurrence, or such higher amount as the City Manager may deem necessary or advisable; or

(ii) $5,000,000 minimum, per occurrence, or such higher amount as the City Manager may deem necessary or advisable, where the Site comprises or includes a Highway;

(b) that includes a cross liability clause;

(c) that includes the City of Abbotsford as a named insured;

(d) that includes Abbotsford School District as named insured where the Site is owned or occupied by the School District; and

(e) that provides the City a minimum of 30 days prior written notice of cancellation or material change.

Application requirements for Filming Activities

8.0   (8.1) An Application for a Filming Activity Permit must be made in writing not less than 14 days before the Filming Activity is to commence in a form approved by the City Manager together with the applicable Filming Activity Permit Fee.

(8.2) The Applicant is responsible for any costs, charges and expenses associated with the Application.

(8.3) An Application must include such information and supporting documentation as the City Manager may deem necessary or advisable with respect to policing, Highway and traffic control, water and other City services, potential adverse impacts such as nuisance and other conditions that may be relevant to ensure public health and safety and the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public, taking into account the size, scope, nature and location of the Filming Activity, including:

(a) the Applicant's name, address and telephone number;

(b) if the Applicant is not the owner of the Site, the written consent of the owner authorizing the Applicant to act as the owner's agent;

(c) the written consent of any occupiers of the Site;

(d) the civic address and legal description of the Site;

(e) any water body or Top of Bank within 30 metres of the Site;

(f) the date or dates proposed for the Filming Activity, including setup and teardown;

(g) the total number of people expected to attend, whether as spectators or participants, including volunteers; and

(h) a description of the Filming Activity and a detailed Site plan with proposed arrangements for the following:

(i) the location and use of existing Structures and Buildings and any proposed Structures and Buildings, whether temporary or permanent, including any proposed temporary seating arrangements and barricades;

(ii) traffic control and means of transport on and around the Site including access routes for emergency vehicles, any proposed closures of roads or Highways, and parking arrangements;

(iii) washroom, hand washing and other sanitary facilities;

(iv) solid waste facilities including garbage, recycling and composting collection and disposal;

(v) domestic water supply facilities;

(vi) food and beverage preparation, storage and serving facilities, including any cooking facilities, whether on or offsite;

(vii) electricity and power supply to the Site;

(viii) policing and other necessary security and crowd control on and around the Site;

(ix) fire protection and fire plan for the Site;

(x) emergency medical and first aid facilities;

(xi) Special Effects;

(xii) land disturbance, dust and sediment control;

(xiii) noise control measures to protect the quiet, peace, rest, enjoyment, comfort and convenience of neighboring residents and the general public; and

(xiv) list of vendors.

(i) written statements from the following confirming that they are satisfied with the Applicant's arrangements for the Filming Activity:

(i) the Medical Health Officer, with respect to public health if applicable;

(ii) the Chief Constable, with respect to public safety and security;

(iii) the Fire Chief, with respect to public safety and security;

(iv) the General Manager, Engineering and Regional Utilities, with respect to public safety and security; and

(v) the General Manager, Parks Recreation and Culture, with respect to public safety and security;

(j) where part of a Filming Activity is to be held outside the City, written confirmation of approval or consent from the relevant local government for that part of the Filming Activity to be held outside the City;

(k) where a proposed Site is in the ALR, or on land(s) zoned A (Agriculture), written consent of the ALC or Ministry of Agriculture;

(l) where access to and from a proposed Site depends on or may reasonably be expected to affect provincial highway traffic, a written statement from the Ministry of Transportation & Infrastructure confirming that the Ministry is satisfied with the Applicant's arrangements for the Filming Activity; and

(m) where access to or from a proposed Site depends on a forest service road, a statement from the Ministry of Forests, Lands, and Natural Resource Operations confirming that the Ministry is satisfied with the Applicant's arrangements for the Filming Activity.

(8.4) If a Site comprises or includes more than one (1) parcel or portion of Highway, then the Application must include a Site plan for each parcel or portion of Highway.

(8.5) Applicants must provide the City in advance with details of the polling form, content, means and extent of proposed materials by which the Applicant will notify the owners and occupiers of any parcels that are adjacent to the Site or that may be affected by the Filming Activity

(8.6) In addition to notifying owners and occupiers of any parcels that are adjacent to the Site or that may be affected by the Filming Activity, the City Manager may require the Applicant to post signage in public places and provide further notice including, but not limited to, any one (1) or more of the following:

(a) posting Highway signage, where traffic is impacted, at or near the entrance to the Site, indicating the date(s) and time(s) of the Filming Activity; and

(b) publication in the local newspaper of information of interest to the public about the Filming Activity.

Indemnification for Filming Activities

9.0   (9.1) A Filming Activity Permit will not be valid unless and until the Applicant provides the City with a written undertaking to indemnify and save harmless the City and its directors, officers, servants, agents, employees, contractors, subcontractors, and others from and against all costs, losses, damages, compensation, claims, demands, actions, judgments and expenses, including actual legal expenses of every kind, description and nature whatsoever, in any way connected with or arising from the Filming Activity, in whole or in part, including but not limited to, any death or injury to persons or property loss or damage resulting from any acts or omissions of the Applicant, its directors, officers, servants, agents, employees, contractors, subcontractors and others, or that would not have occurred but for the use or occupation of the Site by the Applicant.

Security Deposit for Filming Activities

10.0   (10.1) A Filming Activity Permit will not be valid unless and until the Applicant provides the City with a Security Deposit to ensure full and proper compliance with the Filming Activity Permit and this Bylaw in an amount to be determined by the City Manager based on the size, duration and nature of the proposed Filming Activity and associated risk including, but not limited to, the risk of damage to the Site or public property and infrastructure.

(10.2) The City will hold the Security Deposit without interest for a maximum of 60 days following the conclusion of the Filming Activity, at which time the City will return the Security Deposit subject to Section 10.3.

(10.3) If the Applicant fails to comply with the terms and conditions of the Filming Activity Permit or, if the Filming Activity results in damage to the Site or public property or infrastructure which the Applicant fails to remedy upon demand, then the City or its agents or servants may enter onto the Site and perform such work as is necessary to cleanup, repair, reconstruct or replace the Site, public property or infrastructure and the City may draw upon and use all or a portion of the Security Deposit to cover the costs of such work. Damage includes, but is not limited to, damage caused by a participant or spectator at the Filming Activity.

(10.4) The City may recover any costs that exceed the Security Deposit and that are not paid in full by December 31 of the year in which the costs were incurred from the owner of the Site in the same manner and with the same remedies as for property taxes.

Insurance for Filming Activities

11.0   (11.1) A Filming Activity Permit will not be valid unless and until the Applicant provides the City with proof of Commercial General Liability insurance in a form and with an insurer acceptable to the City including:

(a) Comprehensive General Liability Insurance covering bodily injury, death and/or damage to or destruction of property including loss of use thereof, arising from the above Named Insured activities. Such insurance to include Broad Form Property Damage, Blanket Contractual Liability, and Cross Liability or Severability of Interest Clause as defined below.

(i) that includes the City of Abbotsford as a named insured;

(ii) that includes Abbotsford School District as named insured where the Site is owned or occupied by the School District; and

(iii) that provides the City a minimum of 30 days prior written notice of cancellation or material change.

(b) Minimum Liability Coverage of $5,000,000 per occurrence for bodily injury and/ or property damage and in the aggregate with respect to products and completed operations.

(c) The City of Abbotsford and City of Abbotsford Police, their officers, agents, employees and volunteers are added as additional Insured but solely with respect to the liability which arises out of the activities of the Named Insured. The Abbotsford Airport is to be included as additional Insured if the Abbotsford Airport property are used for filming.

Applications for Conveyance of Expression Activities

12.0   (12.1) A person applying for a Conveyance of Expression Activity Permit must provide, at the time the Application for the Conveyance of Expression Activity Permit is submitted to the City Manager.

(12.2) A person applying for a Conveyance of Expression Activity Permit must provide, at the time the Application for the Conveyance of Expression Activity Permit is submitted to the City Manager:

(a) a Site plan demonstrating how the Structure or Structures in respect of which the Application is made will meet the requirements of this Bylaw, or

(b) such other information requested by the City Manager to permit the City Manager to ensure compliance with this Bylaw.

(12.3) Notwithstanding Section 2.1 of the City's Street and Traffic Bylaw, 2006, the City Manager must issue a Conveyance of Expression Activity Permit for which an Application is made for a Structure that is intended to convey expression, except that the City Manager must not issue a Conveyance of Expression Activity Permit if the proposed Structure will:

(a) unreasonably obstruct or interfere with an existing Permit, booking or the free use and enjoyment of any part of any City Property by any other person;

(b) obstruct or interfere with any utility, postal or similar installation;

(c) obstruct or interfere with any Traffic Control Device;

(d) obstruct or interfere with any other structure, object, substance or construction works which occupy any City Property pursuant to a Permit;

(e) obstruct or interfere with City works;

(f) be located on a portion of any City Property that abuts a site which:

(i) contains only dwelling uses; or

(ii) in the case of mixed uses, contains ground floor dwelling uses.

(g) be located within 5 meters of a building entrance or exit;

(h) be located within 5 meters of a bus stop, Intersection, driveway crossing, loading zone, taxi zone, or wheelchair ramp;

(i) be located within 0.5 meters of a curb;

(j) be attached or affixed to cement, asphalt or other hard surface on City Property;

(k) measure more than 1.6 meters in height at the highest point;

(l) measure more than 1.6 meters in width at the widest point;

(m) measure more than 1.0 meter in depth at the deepest point;

(n) have a base area larger than 1.6 square meters;

(o) contain electrical or electronic components or lights;

(p) be structurally unsafe or unstable;

(q) be at the same Location for more than fifteen (15) days in any thirty (30) day period;

(r) include or incorporate electronic signs, electric or gas lighting or appliances, extension cords, open flames, propane tanks, gas, propane or electric heaters, or barbeques; or

(s) be obscene, promote hatred or violence, or contain defamatory statements.

(12.5) The holder of a Conveyance of Expression Activity Permit under this Bylaw for a Structure that conveys expression must:

(a) remove the Structure from City Property no later than 6:00 p.m. and not allow cause or permit the Structure to be located on City Property any earlier than 10:00 a.m. on the following day;

(b) keep the Structure safe and in good repair at all times;

(c) not cause, permit or allow the Structure to create a hazardous or dangerous condition; and

(d) comply with all terms under which the Conveyance of Expression Activity Permit was issued.

(12.6) A Conveyance of Expression Activity Permit issued under this Bylaw for a Structure intended to convey expression is valid for thirty (30) days from the date of issuance, except that the City Manager must not issue more than six (6) Conveyance of Expression Activity Permits within a period of twelve (12) consecutive months that would authorize a Structure for the same Location. For the purposes of Section 12.3 and 12.4, of this Bylaw, "Location" means:

(a) a parcel;

(b) a Park;

in the case of a Highway, a point on the Highway that is within 200 metres of another point that has been occupied by a Structure pursuant to a Conveyance of Expression Activity Permit in the preceding twelve (12) months.

(12.7) The City Manager may cancel a Conveyance of Expression Activity Permit issued under this Bylaw for a Structure intended to convey expression if the recipient of the Permit fails to comply with any of the provisions in this Bylaw.

Permit issuance

13.0   (13.1) The City Manager is authorized to consider Applications and to issue, amend, suspend and revoke Special Event Permit, Filming Activity Permit and Conveyance of Expression Activity Permit on behalf of the City in accordance with this Bylaw.

(13.2) The City Manager may:

(a) issue a Special Event Permit, Filming Activity Permit or Conveyance of Expression Activity Permit, subject to such terms and conditions that the City Manager considers reasonably necessary to address public health and safety, the protection of persons and property and potential adverse impacts from nuisance, disturbances and other objectionable situations that are liable to disturb the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public; or

(b) refuse to issue the Special Event Permit, Filming Activity Permit or Conveyance of Expression Permit, providing written notice of the reasons for such refusal within 15 days.

(13.3) An Applicant must display a copy of the Special Event Permit, Filming Activity Permit or Conveyance of Expression Activity Permit at the entrance to the Site, or such other location within the Site as the City Manager may direct, for the duration of the Special Event, Filming Activity or Conveyance of Expression Activity.

Reconsideration

14.0   (14.1) A person who is subject to a decision or direction of the City Manager may request a reconsideration of that decision or direction by Council, in accordance with the City's Appeal Procedure Bylaw, 2016.

B/L 2607-2016

(14.2) An Applicant who has submitted a request for reconsideration must not hold a Special Event, Filming Activity or Conveyance of Expression Activity in contravention of this Bylaw or a Special Event Permit, Filming Activity Permit or Conveyance of Expression Activity Permit pending the decision of Council, and any person who is subject to a decision of Council under this Section 10.0 must comply with any requirements, conditions, restrictions imposed through that decision.

B/L 2607-2016

Entry and inspection

15.0   (15.1) The City Manager, any Bylaw Enforcement Officer, Abbotsford Police Officers, or other City employee designated by the City Manager, is authorized at all reasonable times to enter on any property to inspect and determine whether this Bylaw, and any terms, conditions, restrictions and requirements of a Special Event Permit, Filming Activity Permit or Conveyance of Expression Activity Permit issued under this Bylaw are being observed.

(15.2) A person must not prevent or obstruct any of those persons identified in Sections 15.1 from entering onto the property for the purposes of this Bylaw.

Contravention and remedy

16.0   (16.1) The City Manager may amend, suspend or revoke a Special Event Permit, Filming Activity Permit or Conveyance of Expression Activity Permit at any time if he has reasonable grounds to believe that the holding or continuation of the Special Event, Filming Activity or Conveyance of Expression Activity:

(a) poses a danger to the health and safety of any person;

(b) poses a danger to property;

(c) is not in the public interest; or

(d) is in contravention of this Bylaw or the terms and conditions of the Special Event Permit, Filming Activity Permit or Conveyance of Expression Activity Permit.

(16.2) The City Manager will immediately notify the Applicant of the suspension or revocation of a Special Event Permit, Filming Activity Permit or Conveyance of Expression Activity Permit and provide written reasons for the suspension or revocation.

(16.3) Where the City Manager reasonably believes that:

(a) the holding or continuation of a Special Event is in contravention of this Bylaw or a Special Event Permit; or

(b) the holding or continuation of a Filming Activity is in contravention of this Bylaw or a Filming Activity Permit; or

(c) the holding or continuation of a Conveyance of Expression Activity is in contravention of this Bylaw or a Conveyance of Expression Activity Permit; or

(d) a Special Event Permit, Filming Activity Permit or Conveyance of Expression Activity Permit was issued based on false, missing or incorrect information,

the City Manager may, by written notice delivered to the Applicant, direct that the contravention or non-compliance be remedied or that the necessary information be provided, corrected or verified, as applicable, and may establish the manner of remedy and a date by which the matter must be remedied.

(16.4) Upon receipt of such notice, the Applicant must promptly remedy the matter as directed, so that the City Manager is satisfied that the contravention, non-compliance, or missing or incorrect information has been remedied. If the Applicant fails to comply with a notice, the City Manager may, by further notice in writing to the Applicant, do any of the following:

(a) amend the Special Event Permit, Filming Activity Permit or Conveyance of Expression Activity Permit, or attach new conditions or both;

(b) suspend the rights granted under the Special Events Permit, Filming Activity Permit or Conveyance of Expression Activity Permit, either entirely or in part, until satisfied as to compliance with the Bylaw and Permit; or

(c) revoke the Special Event Permit, Filming Activity Permit or Conveyance of Expression Activity Permit, providing reasons for the revocation.

Offence and penalties

17.0   [Repealed, B/L 3063-2020.]

Every person who contravenes this bylaw commits an offence and is subject to enforcement and penalties in accordance with the Bylaw Enforcement Bylaw.

Repeal

18.0   (18.1) Bylaw No. 2395-2015, cited as "Outdoor Special Events Bylaw, 2015", and any and all amendments, are hereby repealed.

  (a) open to the public or to which the public has been invited to attend;

(b) held outdoors either in whole or in part; and

(c) likely to be attended, or which may reasonably be expected to be attended:

(i) by 200 or more people if there is no Beverage Garden; or

(ii) by any number of people if there is a Beverage Garden.