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1
THE CORPORATION OF THE CITY OF COURTENAY
BYLAW NO. 2396
A bylaw to provide for the regulation of Special Events within the City
The Council of the Corporation of the City of Courtenay in open meeting assembled, enacts as
follows:
1.
This bylaw may be cited for all purposes as "Special Events Regulation Bylaw No. 2396,
2005".
INTERPRETATION
2.
In this bylaw:
"Medical Health Officer" has the same meaning as in the Health Act;
"Permit" means a Special Event Permit issued under this bylaw in the form set out in
Schedule 'A' attached hereto and forming part of this bylaw;
"RCMP" means the Comox Valley Detachment of the Royal Canadian Mounted Police;
"Site" means the land described in a Permit on which a Special Event is to be held;
"Special Event" means any event or gathering at which the attendance is likely to exceed
1000 persons and for which a fee is charged directly or indirectly.
EXEMPTIONS
3.
This bylaw shall not apply to:
(a)
gatherings held within indoor facilities in accordance with the Fire Services Act;
(b)
gatherings held by School District No. 71 Comox Valley; and
(c)
gatherings held by the City of Courtenay.
PERMIT REQUIRED
4.
No Special Event may be held or be permitted within the boundaries of the City of Courtenay
unless a Permit for that Special Event has been obtained.
5.
Where a Permit application has been made and the applicant has complied with the
requirements of this bylaw, the Manager of Corporate Administration shall issue a Permit to
the applicant for the Special Event.
6.
The Permit application and all documentation submitted by the applicant with the application
form part of, and are incorporated into, the Permit.
7.
The Manager of Corporate Administration may refuse to issue a Permit to the applicant
where the applicant has not complied with the requirements of this bylaw.
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8.
The Manager of Corporate Administration may revoke a Permit, by delivery of written notice
of revocation to the applicant, where the applicant is not in compliance with the requirements
of this bylaw or the Permit.
PERMIT APPLICATION AND PROCEDURE
9.
An application for a Permit must be made at least forty-five (45) days before the date on
which the Special Event is to be held or begin. An application must be made in the form set
out in Schedule 'A' attached hereto and forming part of this bylaw.
10.
All the following consents and documents are required with the permit application:
(a)
The written consent of the registered owner of the land where the Special Event is to
be held, if it is to be held by a party other than the registered owner of the land;
(b)
A document in which the designated Medical Health Officer or their delegate
expresses satisfaction that sufficient arrangements have been made for the following
facilities and services for the Special Event, including but not limited to:
(i)
potable water supply;
(ii)
sanitary facilities;
(iii)
waste collection and removal facilities; and
(iv)
food and drink storage, dispensing, preparation and use;
(c)
A document in which the Officer in Charge of the RCMP expresses satisfaction that
sufficient arrangements have been made for the following as applicable:
(i)
off-street parking of motor vehicles as that term is defined in the Highway
Act;
(ii)
policing resources and/or other necessary security on and around the site;
(iii)
traffic control on and around the site;
(iv)
provision of a police and security command post;
(d)
A document in which the Officer in Charge of the RCMP sets out the estimated cost
of providing policing for the Special Event;
(e)
A document in which the Courtenay Fire Chief or designate expresses satisfaction
that the site conditions including all buildings and other structures on the site comply
with applicable fire safety enactments and requirements;
(f)
A document in which the Courtenay Fire Chief or designate sets out the estimated
cost of providing Fire Services for the Special Event;
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(g)
A document in which the City of Courtenay Director of Regulatory and Property
Services or designate expresses satisfaction that adequate arrangements have been
made for life safety for the site and that all accommodation to be provided thereon
will conform to the requirements of the BC Building Code;
(h)
A document setting out in reasonable detail that arrangements have been made for
first aid care and facilities for the Special Event;
(i)
A policy of comprehensive general liability insurance with a per occurrence limit of
not less than $2,000,000.00 and an endorsement to add the City of Courtenay as
additional insured to protect the City in the event of bodily injury, including death,
and property damage liability that may result from or arise out of the holding of the
Special Event and to indemnify and save harmless the City for damage to and
destruction of City property that may occur by reason of the Special Event. The
policy of insurance must contain a cross liability clause and be in a form acceptable
to the City;
(j)
Approval from the City of Courtenay Director of Operational Services or designate
expressing satisfaction that sufficient arrangements have been made for the following
if applicable:
(i)
the parking of automobiles and other means of transport;
(ii)
traffic control on and around the site including access routes for emergency
vehicles;
(iii)
provision of signs, barricades, other traffic control devices, and/or traffic
control personnel as may be deemed necessary and/or appropriate by the
Director of Operational Service or designate;
(k)
A document in which the City of Courtenay Director of Operational Services or
designate sets out the estimated cost of providing public works services for the
Special Event; and
(l)
A document in which the City of Courtenay Director of Regulatory and Property
Services or designate expresses satisfaction that the event is not in violation of
existing bylaws.
RESPONSIBILITY FOR COSTS
11.
The applicant is responsible for all costs incurred or connected with the Special Event.
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PERFORMANCE BONDS
12.
A Permit may not be issued to an applicant until the applicant has delivered to the Manager
of Corporate Administration security, by cash, certified cheque or money order, or letter of
credit, in the amount of the estimated costs incurred or connected with the Special Event as
provided for in sections 10 (d) (f) (k) of this bylaw. Security required under this section shall
be used by the City of Courtenay to pay actual costs connected with the Special Event that
the City of Courtenay incurs as a result of the applicant's default under section 11 of this
bylaw.
If the other costs incurred in respect of the Special Event exceed the amount of security
deposited by the applicant with the Manager of Corporate Administration under this section,
the excess of the actual costs must be paid at once by the applicant to the City of Courtenay.
If the other costs incurred or connected with the Special Event are less than the amount of the
security deposited by the applicant with the Manager of Corporate Administration under this
section, the City of Courtenay shall refund the remaining amount of the security to the
applicant as soon as is practicable after the Special Event has concluded. No interest is
payable by the City of Courtenay on any amount of security tendered under this bylaw.
CONFLICT WITH ZONING BYLAW
13.
Nothing in this bylaw is to be interpreted as permitting a Special Event to be held where the
Special Event is not a Permitted use under the zoning bylaws of the City of Courtenay.
OFFENCE
14.
Every person who violates any of the provisions of this bylaw, or who suffers or permits any
act or thing to be done in contravention of any provisions of this bylaw, or who neglects to
do, or refrains from doing, anything required to be done by any of the provisions of this
bylaw, or who does any act which violates any of the provisions of this bylaw, will be guilty
of an offence and will be liable to the penalties imposed by this bylaw.
PENALTIES
15.
A person who violates any of the provisions of this bylaw will upon summary conviction be
liable to a penalty of not less than $100.00 and not more than $5000.00, plus the costs of the
prosecution.
SEVERANCE
16.
If a portion of this bylaw is held invalid by a Court of competent jurisdiction, then the invalid
portion must be severed and the remainder of this bylaw is deemed to have been adopted
without the severed portion.
REPEAL
17.
"Special Events Regulation Bylaw No. 2312, 2004" is hereby repealed.
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Read a first time this 16th day of May, 2005
Read a second time this 16th day of May, 2005
Read a third time this 16th day of May, 2005
Consulted with the Medical Health Officer this 31st day of May, 2005
Deposited with the Minister of Health Planning this 10th day of June, 2005
Finally passed and adopted this 20th day of June, 2005
Mayor
Manager of Corporate Administration
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SCHEDULE 'A'
SPECIAL EVENT LICENCE APPLICATION FORM
PLEASE SUBMIT LICENCE APPLICATION TO THE MANAGER OF CORPORATE
ADMINISTRATION
Special Events Regulation Bylaw No. 2396, 2005 prohibits the holding of a Special Event without a
licence under that bylaw. This form must be completed fully and submitted to the City of Courtenay
in order to obtain a Special Event licence. A licence is considered to contain all provisions of Special
Events Regulation Bylaw No. 2396, 2005 as licence conditions which must be complied with by the
applicant. By taking out a licence, the applicant contractually agrees with the City of Courtenay to
comply with those conditions.
1.
Name of event:
2.
Location of event including street address:
3.
Nature of event:
4.
Estimated attendance:
Admission Charges:
YES
NO
5.
Dates of event:
6.
Hours of each day event is held:
7.
Full name and address of applicant:
8.
Telephone Number of applicant or contact person:
Fax number:
9.
Full names and telephone number of any affiliated organizations and sponsors:
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SCHEDULE 'A' CONTINUED
10.
Describe fully, arrangements for the following, as applicable:
a)
Potable water:
b)
Sanitary facilities:
c)
Waste collection and removal:
d)
Food and drink storage, dispensing
preparation and use:
e)
Off street parking of motor
vehicles as that term is defined
in the Highway Act:
f)
Policing and other necessary
security on and around the site:
g)
Traffic control in and around
the site :
11.
Public Liability Insurance Documents Attached
Yes
No
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SCHEDULE 'A' CONTINUED
12.
Consent of the registered owner of the land for the holding of the Special Event if applicable:
Not Required
Yes, see below
The registered owner (s) of the land described above hereby consent to the holding of the
above Special Event:
Owner (s) Name and Signature
Witness Name and Signature
Owner (s) Name and Signature
Witness Name and Signature
Your application will not be considered complete and a Special Events Licence will not be
issued until you have supplied the following written approvals. Please check the appropriate
box to indicate approvals are attached to your application.
Medical Health Officer or their delegate
Courtenay Fire Department
Comox Valley RCMP Detachment
City of Courtenay Director of Regulatory and Property Services
Written approval from the City of Courtenay Director of Operational Services
Performance Bond (where required)
Public Special Occasion Liquor Licence Request (if applicable)
By signing below, the applicant agrees to conform to Special Events Regulation Bylaw No. 2396,
2005 including being solely responsible to pay all policing, site restoration and any other costs and
agrees to release, indemnify and save harmless the City of Courtenay, its elected an appointed
officers and employees form and against all claims, actions, causes of action, suits, demands,
expenses, fees or fines arising from the holding of the Special Events.
Applicant Name and Signature
Witness Name and Signature
Applicant Name and Signature
Witness Name and Signature
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Personal information contained on this form is collected under the Freedom of Information and
Protection of Privacy Act, and will be used for the purpose of responding to your request.
CITY OF COURTENAY BYLAW NO. 2396, 2005
SPECIAL EVENT LICENCE
This licence is considered to contain all provisions of Special Events Regulation Bylaw No. 2396,
2005 as licence conditions that must be complied with by the applicant.
This licence is hereby issued to:
1.
Name of event:
2.
Location of event including street address:
3.
Nature of event:
4.
Estimated attendance:
5.
Dates of event:
6.
Hours of each day event is held:
7.
Full name and address of applicant:
8.
Telephone Number of applicant or contact person:
Fax number:
This Special Event Licence is issued this _____ day of __________________, 20___.
_____________________________________
Manager of Corporate Administration