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HomeMy WebLinkAboutBYL 05-24Report to Council Report Number: BYL 05-24 Date: December 16, 2024 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Use of Charcoal Barbeques in City Parks File: L-2200 Recommendation: 1.That Report BYL 05-24 regarding the use of charcoal barbeques in City of Pickering parks be received; 2.That staff be directed to consider the use of charcoal barbeques in the design or redesign of any City of Pickering parks; 3.That permits under Parks By-law 5495/99 for the use of charcoal barbeques be issued by Community Services with a permit fee of $20.00, that such fee be added to the Fees and Charges By-law and that Council approve the amendment to the Fees and Charges By- law 6191/03 (Attachment 2) required to give effect to this change; 4.That the fee specified in the Fees and Charges By-law for permitted park use be eliminated for groups of 0-24 people, and that the said fee be set at $53.00 for groups of 25-49 people, and that Council approve the amendment to the Fees and Charges By-law 6191/03 (Attachment 2) required to give effect to this change; 5.That permit applications for the use of charcoal barbecues (Attachment 1) be accepted only for the parks listed in this report; and 6.That appropriate officials of the City of Pickering be authorized to take such action as necessary to give effect to the recommendations in this report. Executive Summary: The purpose of this report is to respond to Resolution #550/24 which directed staff to investigate and assess potential amendments to Parks By-law 5495/99 that would permit the use of charcoal barbecues (BBQ) in City of Pickering (City) parks (excluding Pickering’s Waterfront). Staff have reviewed best practices both within the Region of Durham and outside of it. Many municipalities do not allow charcoal BBQs but there are some that allow it through the issuance of a permit. Staff from Fire Services, Operations, Community Services, and Municipal Law Enforcement Services propose that charcoal BBQs be used in approved parks in designated areas and only with a permit. This will allow the use to be monitored and action to be taken if there is any damage or fires associated with the use. Since the Parks By-law 5495/99, Section 11(b) permits the use of charcoal BBQs with a permit, amendments to By-law 5495/99 will not -~of- PJ(KERJNG BYL 05-24 December 16, 2024 Subject: Use of Charcoal Barbeques in City Parks Page 2 be required. Please note that propane BBQs are currently permitted without a permit providing a safe and clean option to residents and visitors. Staff recommend that the Fees and Charges By-law be amended to introduce a new fee of $20.00 and a permit process for anyone wishing to use a charcoal BBQ in a designated park. A permit application would be required for a charcoal BBQ regardless of the number of people applying. Staff recommend that the Fees and Charges By-law be amended so that a fee is no longer required for gatherings of 24 persons or less, and a fee of $53.00 would be charged for park permits for groups of 25-49 persons. This recommendation creates better alignment with the Parks Bylaw 5495/99, Section 12(a) that states while in any park, no person shall, unless authorized by permit, hold a picnic, organized gathering or event for more than 25 persons. The use of the park by groups of 24 people and less is considered passive use, and the recommended amendment provides better clarity that park permits and associated fees come into effect when gatherings exceed 25 persons. Relationship to the Pickering Strategic Plan: The recommendations in this report respond to the Pickering Strategic Plan Priority of Advocate for an Inclusive, Welcoming, Safe & Healthy Community. Financial Implications: The cost of installing coal disposal units is anticipated to be $1,000.00, and would be covered by the existing Current Budget. There will also be nominal costs associated with installing additional signage in select City parks. Staff recommend a $20.00 permit fee for a charcoal BBQ permit. Revenue from these permits will be used to offset administrative costs for permit issuance, and increased park maintenance for safe coal waste disposal. Total 2024 year-to-date revenues from Park Permits amount to $3,600.00. The recommendations in this report, if adopted by Council, would result in a loss of approximately $1,000.00 in revenues per year. Discussion: The purpose of this report is to respond to Resolution #550/24 which directed staff to investigate and assess potential amendments to Parks By-law 5495/99 that would permit the use of charcoal BBQ in City parks (excluding Pickering’s Waterfront). 1. Charcoal BBQ use poses a hazard to park use. City staff have investigated the ability to permit charcoal BBQs in City parks. Staff discussed concerns related to fire safety, smoke generation, clean-up, damage to infrastructure, and potential injuries from hot coals. Staff identified potential concerns and the recommended permit process provides a mechanism to hold BBQ users accountable for damage or misuse of parks, as well as a record of use for charcoal BBQs and an accurate understanding of the demand for this type of amenity in parks. BYL 05-24 December 16, 2024 Subject: Use of Charcoal Barbeques in City Parks Page 3 2.Additional safety measures will be implemented in parks to mitigate the fire risk of charcoal BBQ use. Fire Services expressed concerns about possible fire spread on windy days, the potential for secondary fires through the improper disposal of embers, debris and injuries to the public. There are also concerns related to smoke and cooking smells that may impact users in other parts of the park or nearby residents. To address these concerns, charcoal BBQs should only be used in specific areas of designated City parks which have the appropriate size and configuration. The designated City parks include: 1. Brockridge Park 2.Centennial Park 3. Creekside Park 4.Rick Johnson Memorial Park 5. Whitevale Park To reduce risk, Parks staff propose a setback of 30 metres from any playground or sports field and 50 metres from any splashpad. Additionally, a setback from adjoining residences is recommended. Parks that are operated by the City under a land lease or other agreement may not be considered if the property owner is not in support of this use. BBQs are not permitted at parks governed by a lease agreement with Ontario Power Generation. Disposal of hot coals also poses a challenge. Unless disposal bins are installed, there is a risk of fire or injury from used coals that remain on site. Accordingly, staff recommend that suitable coal disposal bins are purchased and installed by the City at approved sites. A section of concrete culvert can serve as a bin (as is currently done in Petticoat Creek Park). Bins need to be emptied only once per season. It is anticipated that the cost for these bins would be approximately $1,000.00. Costs will be covered by the Current Budget, Parks cost centre. Appropriate signs are recommended for designated parks, to clarify where charcoal BBQs can be placed. The cost for any required signage will be covered by Current Budget, Parks cost centre without the need for an increase. Charcoal BBQs should not be placed on picnic tables, grass or any wooden surface. It is recommended that charcoal BBQs are a free-standing type that, if placed on grass, will not cause fire or damage to the grass. It is also not advisable to allow them to be used in shelters or structures, due to potential risk of damage or fire. 3. Charcoal BBQs are permitted in about 50% of surveyed municipalities. Staff conducted a review of municipal practices related to charcoal use in parks, including the fees associated with the use of booking a park and/or picnic shelter. The review also included conservation authority lands. Of those surveyed, 50% have banned the use of charcoal due to various safety and risk factors, and the cost associated with clean up following a park event. Of those allowing the use of charcoal BBQs, the majority of municipalities require permits to be completed in order to have advanced knowledge of park usage, to properly manage park usage during the event, and to ensure clean-up following the event. Staff in other municipalities have reported concerns related to the use of charcoal BBQs and proactively conduct enforcement related to their use. BYL 05-24 December 16, 2024 Subject: Use of Charcoal Barbeques in City Parks Page 4 All but one municipality require the use of permanent BBQ structures provided on site. Staff are recommending that the use of charcoal BBQ’s be allowed only through the issuance of a City permit and in designated parks in order to ensure the safety of the many residents and visitors that use the City’s park system. The following chart summarizes the results of staff’s best practice scan related to charcoal BBQ use in other municipalities, and (where available) applicable park permit fees. City/Town/ Township Charcoal Use Banned Unrestricted Charcoal permitted without a Permit Charcoal use permitted with a permit only Charcoal use permitted in City/TRCA provided BBQ pits Fees related to Park Rental and/or BBQ use Richmond Hill X - Allowed by licenced/approved Vendor only Picnic Shelter: $420/day resident $695/day non- resident Aurora X Toronto X - Permit is required for groups of 26 or more; no permit for 25 or less on a first-come first- serve basis unless someone arrives with a permit X In designated parks Park and/or Picnic Shelter $120/Day + Insurance Mississauga X Groups with 25+ people X In designated parks Park Permit/Day, 25 people+ – Resident $102.66, Non- Resident $112.93; Park & Picnic Permit/Day, 25+ people – Resident $148.35, Non- BYL 05-24 December 16, 2024 Subject: Use of Charcoal Barbeques in City Parks Page 5 City/Town/ Township Charcoal Use Banned Unrestricted Charcoal permitted without a Permit Charcoal use permitted with a permit only Charcoal use permitted in City/TRCA provided BBQ pits Fees related to Park Rental and/or BBQ use Resident $163.19 Brampton X Vaughan X Scugog X Ajax X Oshawa X Whitby X Clarington Under review – have one park available with a picnic shelter where a BBQ could be used. No decision yet St Catherines X X Two parks only Park Fees: Half Day $102.70; Full Day $194.10, + insurance Pavilion Rental: Half Day $128.25, Full Day $256.45, + insurance Kawartha Lakes X BYL 05-24 December 16, 2024 Subject: Use of Charcoal Barbeques in City Parks Page 6 City/Town/ Township Charcoal Use Banned Unrestricted Charcoal permitted without a Permit Charcoal use permitted with a permit only Charcoal use permitted in City/TRCA provided BBQ pits Fees related to Park Rental and/or BBQ use Brock X Barrie X Allowed in in-land parks. Disposal bins provided X Restricted to permanent BBQ sites at 4 waterfront parks only No fees apply, first-come, first-serve basis Newmarket X X At Fairy Lake Park only (Park under Lake Simcoe Conservation Authority). Permit is required Petticoat Creek Park (TRCA) X 6 sites available 1-7 people $21.85; 8+ people $43.70 Milliken Park – Richmond Hill (TRCA) X $10/day park entry fee on weekends, free Monday-Friday 4.A simplified permit process and user fee will be implemented to support charcoal BBQ use in parks. Community Services staff have created a permit process for the use of charcoal BBQs in approved parks. The Park Permit Application Form is Attachment 1 to this report. The permit process will be advertised to residents on the City website. BYL 05-24 December 16, 2024 Subject: Use of Charcoal Barbeques in City Parks Page 7 Staff are recommending that a new fee of $20.00 be applied to permit use of a charcoal BBQ. This fee will be applied toward the costs of permit issuance, clean-up, purchase and installation of coal receptacles, and disposal of the coal following an event or gathering. Propane BBQs are already permitted without a permit under Parks By-law 5495/99. Propane BBQs are the safer and preferred method of cooking in City parks. They present a much lower risk of fire or injury. This is consistent with municipal best practices. Staff will provide information to residents through the City’s website to explain the process for obtaining a permit to use a charcoal BBQ. Staff recommend monitoring the number of permits and any concerns related to charcoal BBQ use during the 2025 season and may make recommendations for changes to the program. Should there be public interest in expanding charcoal BBQ use to other City parks, this can be considered after the 2025 season. 5.Staff recommend that Park Permit fees for groups of 24 persons and less be eliminated for better alignment with the Parks By-law Staff are recommending that the City’s current and approved 2025 Fees and Charges By-law be amended to: (a) permit use of parks by groups of up to 24 persons at no charge, and (b) permit use of parks by groups of 25-49 persons for a fee of $53.00. This would change the current fee structure, which sets the fee of $53.00 for groups of 1-49 persons. The current fee of $158.00 for groups of 50-199 persons would remain unchanged. Attachments: 1.Park Permit Application Form 2.Amendment to Fees and Charges By-law 6191/03 Prepared By: Approved/Endorsed By: Jason Litoborski, CPSO Paul Bigioni Manager, Municipal Law Enforcement Services Director, Corporate Services & City Solicitor Stephen Boyd Fire Chief Original Signed By:Original Signed By: Original Signed By: BYL 05-24 December 16, 2024 Subject: Use of Charcoal Barbeques in City Parks Page 8 Recommended for the consideration of Pickering City Council Marisa Carpino, M.A. Chief Administrative Officer Nigel Robinson Deputy Fire Chief Robert Gagen Manager, Parks & Property Marilou Murray Manager, Community Services Administration & Strategic Initiatives JL:ks Original Signed By: Original Signed By: Original Signed By: Original Signed By: Attachment 1 to Report BYL 05-24 Picnic Shelter & General Park Rental Request This application form will be submitted electronically to facilitybooking@pickering.ca and you will receive a copy via email. Your request will be reviewed by Park Booking Staff, and you will be advised as to the status of your request by a Customer Service Representative. This is a rental request and does not guarantee, secure, or hold the facility/date/time. Bookings are not considered firm until payment has been made, all applicable documentation has been received and a rental permit has been created. Applications are reviewed and processed on a first-come, first-serve basis during regular office hours (Monday to Friday 7:30 am - 6:00 pm) If you require additional information about this process, please contact Park Booking Staff at 905.420.4623. Age: I acknowledge that I am at least eighteen (18) years of age at the time of booking and will be present at the outdoor facility during the permitted hours. *Required Field Applicant Information Permit Holder Last Name* Permit Holder First Name* Address* City / Town* Postal Code* Email* Contact Are you booking on behalf of a non-profit Pickering organization? * Yes ☐ No ☐ Rental Request Requested Date* Time requested to access park or picnic shelter * Time vacated from park or picnic shelter * Location * Event type/name (ex. Meeting, Birthday, Shower, Picnic) * Number of people attending * Number* -01J of - PJ(KERJNG D Please note that Alcohol is not permitted in any outdoor public park, picnic shelter, or gazebo. Park Permit Conditions: Licensee wishing to cancel or alter their Permit must give written notice thirty (30) days Summary of activities taking place / event details * The permit will need to be paid for in full at the time of booking. It will also need to be signed and returned to the department by the permit holder at least 20 days prior to the date of the event. Payment will need to be made over the phone. Accepted methods of payment include VISA, MasterCard, Debit, or Cheque (payable to: City of Pickering) Clean-up following park/picnic shelter use is the sole responsibility of the licensee. Garbage should be placed in garbage receptacles and all personal items removed. Insurance Requirements: It is the responsibility of the licensee to provide or purchase from the City a certificate of general liability insurance naming the City of Pickering as an additional insured in the minimum amount of $2 million per occurrence (events of higher risk may require $5 million minimum). Rates are to be determined based on the type of function and number of attendees. BBQ Use Requirements: Propane: It is the sole responsibility of the licensee to ensure the barbeque is in a safe operating location (as identified in mapping) and the area surrounding the barbeque is barricaded to the best of their ability to ensure the safety of all park users. A permit is required for any gathering of 25 persons or greater. A fee applies for any permit with 25 persons or greater – please refer to current Fees and Charges By-law for applicable fees. No person shall use any appliance in any way considered a hazard or in any way not intended. Charcoal: A permit is required for all charcoal BBQ uses in City of Pickering Parks regardless of the size of your event/gathering. Please refer to current Fees and Charges By-law for applicable fees. The use of charcoal BBQ’s is only permitted in approved parks as identified by the City of Pickering. A 30-metre setback is required from any playground or sports field, or property line, and a 50-metre setback is required for any splashpad. Due to safety reasons, the use of charcoal BBQ’s will not be issued when there are other permitted group activities or events in the same park. Hot coals are to be disposed of in an authorized, City supplied charcoal disposal bin. No table-top charcoal BBQ’s or the use of such equipment is allowed in any gazebo/structures or allowed to be placed on any picnic table. Charcoal BBQs are not permitted at parks governed by a lease agreement with Ontario Power Generation (Bayridges Kinsmen Park, Alex Robertson Park, Beachfront Park). No person shall use any appliance in any way considered a hazard or in any way not intended. The migration of embers and coal is not permitted and shall be the responsibility of the licensee. Signature of Applicant/Licensee * Attachment 2 to Report BYL 05-24 Draft By-law to Amend By-law 6191/03 General Municipal Fees The Corporation of the City of Pickering By-law No. XXXX/24 Being a by-law to amend By-law 6191/03 to confirm General Municipal Fees Whereas the Council of The Corporation of the City of Pickering enacted By-law 6191/03, as amended, on October 14, 2003 to confirm general municipal fees. Whereas Schedule “I” to By-law 6191/03 was updated and replaced under By-law, 6338/04,By-law 6519/05, By-law 6652/06, By-law 6677/06, By-law 6748/07 By-law 6857/08, By-law6951/09, By-law 7032/10, By-law 7119/11, By-law 7194/12, By-law 7268/13, By-law 7339/14,By-law 7411/15, By-law 7478/16, By-law 7542/17, By-law 7605/18, By-law 7679/19, By-law7740/20, By-law 7823/21, By-law 7918/22, By-law 7983/23, By-law 8017/23; By-law 8065/23; By-law 7982/23; and By-law 8140/24; Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. Schedule “I” to By-law 6191/03, as amended, is hereby revised by adding a new fee titled “Charcoal BBQ Fee” under Park Fees within Community Services as set out in Schedule “I” attached hereto. 2. Schedule “I” to By-law 6191/03, as amended, is hereby revised by changing the “Park Permit Fee (0-49) Per Day” to “Park Permit Fee (25-49) Per Day” under Park Fees within Community Services as set out in Schedule “I” attached hereto. By-law passed this XX day of XXXX, 2024. Kevin Ashe, Mayor Susan Cassel, City Clerk Draft By-law to amend Schedule “I” to the General Municipal Fees and Charges By-law 6191/03 as amended Community Services Parks Fees User Fee or Charge 2025 Fee New Fee HST Charcoal BBQ Fee N/A $20.00 Y Park Permit Fee (25-49) Per Day $53.00 $53.00 Y I I 1