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THE CORPORATION OF THE TOWNSHIP OF BROCK
BY-LAW NUMBER 2380-2011-PP
AS AMENDED BY
BY-LAW NUMBER 2421-2012-FI and 3190-2023
(CONSOLIDATED VERSION)
BEING A BY-LAW FOR THE LICENCING, REGULATING AND GOVERNING OF
MOTOR VEHICLE WRECKING YARDS IN THE TOWNSHIP OF BROCK
_______________________________________________________________________
WHEREAS pursuant to the provisions of Part IV of the Municipal Act, S.O. 2001, as
amended, the Council of the Township of the Brock may provide for a system of
licences with respect to businesses;
AND WHEREAS Section 391 of the Municipal Act, S.O. 2001, as amended, authorizes
a municipality to pass by-laws imposing fees or charges for services or activities
provided or done by them;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF BROCK ENACTS AS FOLLOWS:
1.
DEFINITIONS
1.1
Access Road means a road that leads from a public road to an automobile
wrecking yard.
1.2
Automobile Wrecking Yard means a place at which:
(a)
used motor vehicle parts; or,
(b)
derelict automobiles are kept outside of a building.
1.3
Council shall mean the Council of the Corporation of the Township of Brock.
1.4
Derelict automobile means a motor vehicle that:
(a)
is inoperable; and,
(b)
has no market value as a means of transportation or, has a market
value as a means of transportation that it is less than the cost of
repairs required to put it into operable condition.
1.5
Motor Vehicle shall mean an automobile, truck, motorcycle, and any other
vehicles propelled or driven otherwise than by muscular power; but does
not include the cars of electric or steam railways, or other motor vehicles
running only upon rails, or a motorized snow vehicle, traction engine, farm
tractor, self-propelled implement or husbandry or road building machine
within the meaning of The Highway Traffic Act, R.S.O., 1990, c. H. 8, as
amended.
1.6
Municipality shall mean the Corporation of the Township of Brock.
1.7
On site road shall mean a road for the movement of vehicles and
equipment within an automobile wrecking yard.
2.
ADMINISTRATION
2.1.1 This By-law shall be administered by the Clerk of the Township of Brock and
shall be enforced by the Municipal By-law Enforcement Officer.
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2.1.2 No automobile wrecking yard shall be kept in the municipality unless it is
licensed under this By-law and conforms to the provisions of the
municipality's comprehensive zoning by-law.
2.1.3 This By-law shall be read and interpreted in conjunction with the current
zoning by-law(s) of the Township.
2.2
Application For Automobile Wrecking Yard Licence:
2.2.1 The Applicant for a Wrecking Yard Licence shall be the owner or his/her
authorized agent of the property on which the wrecking yard is to operate.
2.2.2 The applicant for a wrecking yard licence shall file with the Clerk's
Department of the Municipality:
(a)
A written application for a licence or renewal licence for an
automobile wrecking yard or proposed automobile wrecking yard.
(b)
Unless the application is for a renewal licence, a site or plot plan, or
plan of survey showing the location and layout of the automobile
wrecking yard indicating street lines and other boundaries of the
property and including all details as to how the regulations contained
in Section 3.1 of this By-law will be complied with.
(c)
Payment of the sum of $50.00 in respect of each licence for which an
application is submitted, which sum shall be applied to the permit fee
as set out in Section 2.5.1 of this By-law.
2.2.3 Upon receipt of an application under Section 2.2.2, the Clerk of the
Municipality shall circulate the application to the Chief Building Official for a
written report, and such further persons, officials, or agencies as Council
may direct, from time to time.
2.2.4 The Chief Building Official shall review the application and advise the Clerk
as to whether the application is in conformity with the provisions of this By-
law as well as the comprehensive zoning By-law.
2.2.5 The Clerk, upon receipt of the written report from the Chief Building Official,
shall either issue or refuse to issue the licence.
2.3
Licence Revocation and Application Refusal
2.3.1 A licence issued under this By-law may be revoked if any of the regulations
set forth in Section 3 of this By-law are not adhered to at all times.
2.3.2 An application for licence may be refused:
(a)
if a licence for an automobile wrecking yard, at the same location or
operated by the same person, as the proposed automobile wrecking
yard, has previously been revoked under Section 2.3.1; or,
(b)
there are reasonable grounds for believing that the automobile
wrecking yard will not be established or operated in accordance with
any provision of this By-law or any other applicable law.
2.3.3 The exercise of power under subsections 2.3.1 and 2.3.2 is at the discretion
of Council and, without limiting such discretion, the Council may exercise its
powers under subsection 2.3.2(a) or 2.3.2(b).
2.3.4 The Council may, at any time, on its own initiative, review any action taken
by it under subsections 2.3.1 and 2.3.2 and may confirm or vary such action.
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2.3.5 The Council shall not exercise its powers under subsections 2.3.1 and 2.3.2
except after giving the applicant or licensee an opportunity to be heard.
(a) The fees payable for a licensing appeal shall be payable at the time of
filing a notice of an appeal and shall be in accordance with the 'Fees By-
law' as amended from time to time.
2.3.6 The Council shall, at the request of the applicant or licensee or former
licensee, give reasons for any action it takes under this section.
2.3.7 If a licence is revoked under this section, the former licensee is entitled to a
refund of a part of the licence fee proportionate to the unexpired part of the
term for which it was granted.
2.3.8 The Council may notify any other licensing authority or other person as it
considers appropriate of any action it takes under this section.
2.4
Exceptions from Automobile Wrecking Yard Licensing
2.4.1 The provisions of this By-law shall not apply to the following:
(a)
the premises of a licensed garage or a licensed new or used
automobile dealer on which used automobile parts are kept on
hand as part of its inventory for the purposes of carrying out repairs
on the premises; or,
(b)
a scrap metal dealer's premises which is licensed for storing and
processing scrap metal;
(c)
land upon which is a waste disposal site which has a certificate of
approval for such purposes under the Environmental Protection
Act, R.S.O. 1990, c. E. 19, as amended.
2.5
Permit Fees
2.5.1 The fee payable for a licence issued under this By-law shall be in
accordance with the "Fees By-law", as amended from time to time. In the
event that a licence is issued for a shorter period of time, the licence fee
shall be pro-rated.
2.5.2 In the event that an application is refused, the $50.00 fee payable under
Section 2.2.2(c) of this By-law shall be non-refundable.
2.5.3 The fee for a renewal licence for the period commencing January 1st each
year shall be paid before the first day of February in such year.
2.5.4 A licence shall expire on the 31st day of December in the calendar year
for which a licence has been issued.
2.5.5 No licence granted by the Municipality may be transferred.
2.6
Offences and Penalties
2.6.1 An automobile wrecking yard may, at all times when the said premises are
open to the public, be entered and inspected by By-law Enforcement
Officer or his designate, for the purpose of enforcing this by-law, and no
person shall obstruct nor hinder such inspection.
2.6.2 A person who operates an automobile wrecking yard without first having
obtained a licence under this By-law or who has operated an automobile
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wrecking yard otherwise than in accordance with the provisions of this By-
law, shall be guilty of an offence and, upon written notice, shall remove all
derelict automobiles and used automobile parts from the site to a place
where they may be legally kept or disposed of.
2.6.3 Every person who contravenes any provision of this By-law is guilty of an
offence and upon conviction thereof is liable to a fine in the amount
provided for by the Provincial Offences Act, R.S.O. 1990 c. P.33.
2.6.4 Should any section, subsection, clause or provision of this By-law be
declared by a court of competent jurisdiction to be invalid, it shall not affect
the validity of this By-law as a whole or any part thereof, other than the
part so declared to be invalid.
3.
AUTOMOBILE WRECKING YARD REGULATIONS
3.1
An automobile wrecking yard shall comply with all of the following
regulations:
(a)
it is in a location where the use of land as an automobile wrecking
yard is not prohibited by any provision of the comprehensive zoning
by-law of the Corporation;
(b)
an automobile wrecking yard shall not be operated or established
within 150 metres of a residence other than a residence located on
the same parcel of land as the automobile wrecking yard;
(c)
access to the automobile wrecking yard shall be limited to such
times as an attendant is on duty;
(d)
the automobile wrecking yard shall not be located on land covered
by water or subject to flooding and shall be located such that no
direct drainage leads to a watercourse;
(e)
the automobile wrecking yard shall be located so as to reduce
impacts due to dust, noise, and traffic;
(f)
the automobile wrecking yard shall be located so as to minimize the
hazards to health and safety of persons or property including
hazards from fire or vermin;
(g)
no open burning shall be permitted;
(h)
all operations at an automobile wrecking yard shall be conducted in
an orderly fashion under adequate supervision;
(i)
scavenging of derelict automobiles or used automobile parts by
persons not under supervision shall not be permitted;
(j)
all lighting shall be arranged so as to divert lights away from
adjoining lands inclusive of public road allowances;
(k)
a planting strip in accordance with the provisions of the
comprehensive zoning By-law and/or a closed wooden, plastic
and/or metal fence extending at least 1.8 metres in height from the
ground. All fences, except those constructed of aluminium, shall be
painted, from time to time, so as to maintain wood or metal in good
condition. The decision to impose a planting strip, fence, or
combination thereof shall rest with Council.
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(l)
all fluids must be drained from derelict automobiles before they are
processed and any fluids or other wastes disposed of in
accordance with the provisions of the Environmental Protection Act,
R.S.O. 1990, c. E. 19, as amended, if they are not safely stored for
purposes of resale.
(m)
any specifications of location or operation of the automobile
wrecking yard submitted with the application for licence with such
amendments as may be necessary to comply with the other
regulations shall be complied with at all times.
4.
OTHER BY-LAWS REPEALED
4.1
By-law Number 2020-2006-PP of the Corporation of the Township of
Brock is hereby repealed.
5.
EFFECTIVE DATE
5.1
This by-law shall come into force and effect on the date of its passage.
BY-LAW 2380-2011-PP READ A FIRST, SECOND AND THIRD TIME AND FINALLY
PASSED THIS 21ST DAY OF NOVEMBER, 2011.
Thomas G. Gettinby
W. Terry Clayton
Clerk
Mayor
BY-LAW 2421-2012-FI READ A FIRST, SECOND AND THIRD TIME AND FINALLY
PASSED THIS 11TH DAY OF JUNE, 2012.
Thomas G. Gettinby
W. Terry Clayton
Clerk
Mayor
BY-LAW 3190-2023 READ A FIRST, SECOND AND THIRD TIME AND FINALLY
PASSED THIS 23RD DAY OF MAY, 2023.
Fernando Lamanna
Walter Schummer
Clerk/Deputy CAO
Mayor