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unofficial consolidation, the official version is held by the municipal clerk.
The contents of this Bylaw are produced and consolidated for convenience only. Every effort has been made to
ensure the accuracy and completeness of the material, however, the Town cannot guarantee its legal accuracy and
does not accept responsibility for loss or inconvenience suffered by users as a result of inaccuracies. Please be
advised that this material is not admissible in a court of law in accordance with the Evidence Act of British Columbia.
For such purposes certified copies of Bylaws must be obtained from the Municipal Clerk.
TOWN OF SIDNEY
BYLAW NO. 1116
(CONSOLIDATED)
Amendment Bylaws incorporated as listed at the end of the document.
A BYLAW TO REGULATE THE OPERATING OF A HORSE AND CARRIAGE TOUR
OPERATION WITHIN THE TOWN OF SIDNEY
WHEREAS Council may, pursuant to Section 657 of the Local Government Act, regulate
horsedrawn sightseeing vehicle operations within the Town of Sidney.
AND WHEREAS the operation of such a business could create difficult problems for the Town
in respect of traffic congestion on the streets and sidewalks.
AND WHEREAS in the opinion of Council it is in the public interest of the citizens of Sidney to
control such operations.
NOW THEREFORE by virtue of the powers conferred on it by Section 657 of the Local
Government Act the Council of the Town of Sidney, in open meeting assembled, enacts as
follows:
1.
This Bylaw may be cited as "Horsedrawn Sightseeing Vehicle Regulations Bylaw
No. 1116"
2.
Definitions
Licensee - means the holder of a valid business licence issued pursuant to the provisions of
this bylaw and Business Licence Bylaw No. 1668 for the operation of a sightseeing vehicle.
Owner - means any person who is the owner of a horsedrawn sightseeing vehicle licenced
through the Business Licence Bylaw.
Horsedrawn Sightseeing Vehicle - means any horsedrawn vehicle other than those used for
special events.
3.
Regulations
(a)
No person shall operate any business using any horsedrawn sightseeing vehicle unless
he holds a valid and subsisting licence for the vehicle, issued pursuant to the provisions
of the bylaw and the Business Licence Bylaw.
(b)
No person shall drive any horsedrawn sightseeing vehicle, with a passenger in or on it,
for which a valid and subsisting business licence pursuant to the provisions of this bylaw
and the Business Licence Bylaw has not been obtained.
Bylaw 1116 Consolidated
Horsedrawn Sightseeing Vehicle Regulations / page 2
(c.i.) The Licence Inspector shall not issue any business licence for any horsedrawn
sightseeing vehicle unless he is satisfied that the applicant for the Business Licence is
insured in an amount of not less than $2,000,000 against any claim arising from the
operation of the vehicle.
(c.ii.)
No person shall drive any sightseeing vehicle with a passenger in or on it unless the
insurance required by this section is in effect.
(c.iii.) The Licence Inspector may at any time require proof of insurance and, in default of
satisfactory proof by the licensee, may refuse to renew a business licence or may revoke
an existing business licence.
(d)
No person shall drive any horsedrawn sightseeing vehicle unless he has a valid driver's
licence issued pursuant to the provisions of the Motor Vehicle Act,
(e)
The licensee and owner of any horsedrawn sightseeing vehicle shall ensure that it is
maintained in a safe and clean condition and in good repair.
(f)
The licensee of any horsedrawn sightseeing vehicle is responsible for the cleanup of
excrement dropped by the horse and shall do so within fifteen (15) minutes of the
dropping or the Town can clean it up at the expense of the licensee.
(g)
The licensee of any horsedrawn sightseeing vehicle shall wash down the street area at
least once a day in the loading stand areas which are used.
(h)
Where in the opinion of Council, any licensee habitually fails to clean up excrement
dropped by the horse or fails to wash-down the street loading areas, the Council, may,
after affording the licensee an opportunity to be heard, suspend his business licence for
a period of not more than ninety (90) days.
(i)
No licensee shall keep or stable his horse overnight within the corporate boundaries of
the Town of Sidney.
(j)
No person shall drive any horsedrawn sightseeing vehicle on any street other than those
marked in heavy black line as shown on Schedule A of this bylaw.
(k)
Any person with a Town of Sidney Business License for the purpose of operating a
horsedrawn sightseeing vehicle may operate any horsedrawn sightseeing vehicle on any
Street within the Town of Sidney, except that:
a)
No person shall operate any horsedrawn sightseeing vehicle in any
residential zone after 10:00 p.m. nor before 7:00 a.m. in the morning.
b)
No person shall operate any horsedrawn sightseeing vehicle in any
commercial zone after 11:00 p.m. nor before 7:00 a.m. in the morning.
c)
No person shall operate any horsedrawn sightseeing vehicle along the
Pat Bay Highway (Highway 17)."
(l)
Not more than one person at any time shall offer any tickets for sale or advertise a
horsedrawn sightseeing tour at each of the loading stands on First Street and shall not
solicit on any Town street or offer for sale tickets other than at the loading stands.
Bylaw 1116 Consolidated
Horsedrawn Sightseeing Vehicle Regulations / page 3
4.
Offence
Information may be laid:
a) In accordance with the procedures set out in the Offence Act; or
b) By means of a ticket under the Local Government Act or Community Charter.
The Offence Act, where applicable, shall apply to proceedings under this Bylaw.
5.
Penalty
Except as otherwise provided in this Bylaw, any 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 this
Bylaw, or who refuses, or omits or neglects to fulfil, observe, carry out or perform any duty
or obligation imposed by this Bylaw shall be liable on summary conviction to a fine not
exceeding two thousand dollars ($2,000.00) but not less than the fines set out in the
Schedule in the Municipal Ticket Information Bylaw.
Introduced and read a first time this
25th day of January 1993.
Read a second time the
25th day of January 1993.
Read a third time the
25th day of January 1993.
Reconsidered, and finally adopted the
8th day of February 1993.
original signed
original signed
MAYOR
CLERK
__________________________
(amendment 01)
Bylaw 1141, June 1993.
(amendment 02)
Bylaw 1169, November 1993.
(amendment 03)
Bylaw 1352, October 1996.
(amendment 04)
Bylaw 1488, September 1998.
(amendment 05)
Bylaw 1887, March 2006.
(amendment 06)
Bylaw 2029, October 2012.
EASTVIEW DR.
AVENUE
SIDNEY
JAHN PLACE
BESSREDGE PL
SWIFTSURE PL.
JAM
WHITE
BLVD.
SEVENTH STREET
RESTHAVEN
DRIVE
FIFTH STREET
FOURTH STREET
THIRD STREET
SECOND STREET
SEAPORT PL
AVE.
MT. BAKER
BRETHOUR
AVENUE
BESSREDGE PL
ES
SEVENTH
STREET
EIGHTH
STREET
SIXTH
STREET
STREET
FOURTH
STREET
THIRD
STREET
SECOND
FIRST
STREET
ORCHARD
AVENUE
OAKVILLE
AVENUE
OAKVILLE
AVE.
BEVAN
AVENUE
AVENUE
STIRLING WAY
BEACON
AVENUE
AVENUE
WEST
WESTLEIGH
EASTLEIGH WAY
LAPWING PL.
BARNES PL.
IROQUOIS WAY
NORTHLAWN TERRACE
CLOSE
STREET
OCEAN
WAY
WEST
R1.3
Iroquois
Park
Mary
Winspear
Centre
Bevan Fishing
Pier
Beacon Wharf
Port Sidney
Marina
Anacortes
Ferry Terminal
Loading Stand
Schedule A