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THE CORPORATION OF THE TOWNSHIP OF ELIZABETHTOWN-KITLEY
BY-LAW NUMBER 13-17
BEING A BY-LAW TO REGULATE THE HOLDING OF PUBLIC EVENTS
AND FESTIVALS WITHIN THE CORPORATION OF THE TOWNSHIP OF
ELIZABETHTOWN-KITLEY
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WHEREAS pursuant to Section 126 of the Municipal Act, S.O. 2001, Council
may pass By-laws to regulate cultural and recreational events, including public
fairs;
AND WHEREAS pursuant to Section 28 of the Municipal Act, S.O. 2001,
Council may pass by-laws regulating the sales on a highway or vacant lands
adjacent thereto and regulating traffic and preventing blocking of highways;
AND WHEREAS pursuant to Section 127 of the Municipal Act, S.O. 2001,
Council may pass By-laws prohibiting littering on public or private property;
AND WHEREAS pursuant to Section 151 of the Municipal Act, S.O. 2001,
Council may pass By-laws for the regulating and licensing of Exhibitions held
for hire or gain;
AND WHEREAS the Council of the Corporation of the Township of
Elizabethtown-Kitley deems it expedient to license and regulate the holding of
public events and festivals within the limits of the Township;
NOW THEREFORE, the Council of the Corporation of the Township of
Elizabethtown-Kitley enacts as follows:
1.
DEFINITIONS: in this By-law
3.
b
C
d
e
"Corporation" means the Corporation of the Township of
Elizabethtown-Kitley.
"Applicant" includes an individual, any form of association of
individuals, and a corporation who "shall" be wholly responsible for the
event.
"Applicant/Sponsor" means conduct, arrange, be in charge of, or be
significantly involved in, the presentation of an event.
"Building" as defined by the Ontario Building Code Act.
"Event" shall include but not be limited to a festival, concert,
entertainment or production held out-of-doors and to which the general
public is invited or admitted.
Notwithstanding the generality of the foregoing the following shall not
be included:
i)
Any festival concert, entertainment or production held on the
property of and being sponsored directly by any Religious
Organization as defined by the Religions Organization Land Act
(Religious Organization - any association of persons that is
charitable according to the Law of Ontario), or any recognized
Service Clubs or any Registered Canadian Charities.
AND
ii)
Any festival concert, entertainment or production which may be
reasonable expected to attract fewer than 200 participants
present at the event at any given time.
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By-law No. 13-17
A By-law to Regulate the Ho/ding of
Public Events and Festivals Within
The Corporation of the Township
Of Elizabethtown-Kitley
f.
"Site Plan" means a drawing or sketch of the subject area indicating
the details of the event that shall include but not limited to booths,
emergency entrances/exits and any other structures that is to be
accompanied by a map displaying the size and location of the event.
g. "Life Safety P|an" means a written plan to mitigate any emergencies or
risks, which may occur on scene and outlines the procedures or
safeguards to react to those situations, along with a plan to advise and
train anyone who is assisting with the event in those procedures.
2.
No person shall sponsor an event within the geographical limits of the
Corporation without a license (Schedule "A") issued by the Corporation
pursuant to this By-law.
3.
An Applicant for such license must provide the Clerk, a minimum of sixty
(60) days in advance, a completed application satisfying their requirement,
which includes all documentation and lletters prior to said event as set out
hereto:
a. Contact the Medical Officer of Health, Fire Department, Police and
Building Department having jurisdiction in the area of the proposed
event within fourteen (14) days of submitting the Application, satisfying
their requirements for license and comply therewith. Provide copies of
written approvals;
b.
Must provide the Corporation with a written proposal of the security to
be provided by the Applicant to ensure the safe and orderly conduct of
the event;
c.
Provide the Corporation with proof of general liability insurance for the
duration of the event in such amount as the Clerk of the Corporation
deems requires, and which shall provide coverage of not less than
Two Million Dollars ($2,000,000) per occurrence;
d. The Applicant shall apply for and obtain building permits for any
structure as defined by the Ontario Building Code Act, S.O. 1992 as
amended, including tent structures and separation distances (under
3.14 of the Ontario Building Code), and shall provide all required
documentation for processing of said permits. Building permit
applications will be reviewed according to the submissions by supplies
of the said structures certification. The Corporation will be held
harmless of such temporary structures and the provider will submit a
certification of $2 million Liability insurance, naming the Corporation.
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e. The Applicant shall supply copies of approvals from any/all agencies
which would have interest in the event, including, but not limited to the
following:
i.
Ministry of the Environment (1-800-267-0974) for sewage disposal
approvals on daily Design flow rates exceeding 10,000 litres per
day and written confirmation from the provider of the disposal
sen/ices. Where the Design flow rates do not exceed 10,000 litres,
the Applicant will apply to the Township and provide the name of
the supplier providing sewage services and any related documents
regarding designs.
ii.
Ministry of Health for food service, water supply, sanitary facilities
and wastewater disposal.
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By-law No. 13-17
A By-law to Regulate the Holding of
Public Events and Festivals Within
The Corporation of the Township
Of El
4.
An Appl
5.
Any Appl
6.
thousan
7.
WHERE
without li
Rea
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izabethtown-Kitley
Electrical Safety Authority (ESA) for all electrical safety and
construction issues.
IV.
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iquor Licence Board of Ontario for any alcohol related or licenced
vents as set out in Schedule "E" attached hereto.
The event shall respect the conditions of any related By-law,
unless authorized by Council.
v.
vi
Must complete and submit to the Corporation the application form
attached hereto as Schedule
"E" and together
with such application fee as set out in Schedule "F" attached
hereto.
icant/Sponsor licenced pursuant to this By-law shall:
a. Conduct the Licenced Event in accordance with the terms of the
licence and application as set out in Schedule "E"
b.
Following conclusion of the Event, the Event Site must be
restored to pre-Event condition including all lands owned by the
Corporation and all private property lands
icant/Sponsor of an Event that is held on Municipal owned
property shall deposit $1,000.00 to cover restoration or replacement of any
borrowed/loaned materials from the Township. This fee may be waived at
Council's discretion.
Every person who contravenes a provision of this By-law is guilty of an
offense and upon conviction is liable to a fine of not less than one
d dollars ($1,000) or not more than five thousand dollars ($5,000)
e of costs. Each day the offense is continuing it is considered a
New Offense under the provisions of the Provincial Offences Act, R.S.O.
1990 or any successor thereof.
exclusiv
AS pursuant to section 150 (8) of the Municipal Act, S.O. 2001,
miting subsection (1), the power to licence, regulate and govern a
licence includes the power to refuse to grant a licence or to revoke or
suspend a licence.
d a First
d time and finally Passed this fii day of QQIZ /
, 2013.
as/<-J
and Second time this
25"'
day of
March
, 2013.
d a Thir
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By-law N0. 13-17
A By-law to Regulate the Holding of
Public Events and Festivals Within
~
The Corporation of the Township
Of Elizabethtown-Kitley
SCHEDULE "A"
TO
BY-LAW NUMBER 13 -17
Regulate the Holding of Public Events
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I1. DATE:
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NAME o|= APPLICANT:
ADDRESS:
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PHONE NUMBER:
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EMAIL ADDRESS:
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PROPERTY OWNER'S NAME (if different than applicants):
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LOCATION OF EVENT (including street address):
TYPE OF EVENT APPLIED FOR.(list events):
DATE OF EVENT:
TIMEIHOURS:
2. Proof of Insurance, according to Section 3 (c) and (d) of By-law Number
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2013-17, Schedule "C" attached hereto.
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General Liability and Property Damage, acceptable to the Corporation, butiI
not less than two million dollars ($2,000,000.00).
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Name of Insurance Company, agent and policy number'-- see Schedule
"C" attached hereto.
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By-law No. 13-17
A By-law to Regulate the Holding of
Public Events and Festivals Within
The Corporation of the Township
Of Elizabethtown-Kitley
3. FOOD AND BEVERAGES TO BE SOLD (please describe):
4.
IS SECURITY CONFIRMED AS PROPOSED IN SECTION 3(c)?
5. CHECKLIST OF THE RESOURCES YOUR GROUP IS GOING TO
HAVE:
6. LETTER OF COMPLIANCE (to be filed with the application) AND
ITEMS TO BE INCLUDED AS FOLLOWS:
Elizabethtown-Kitley Fire Chief, Schedule "B":
Insurance, Schedule "C":
Medial Officer of Health, Schedule "D":
Ontario Provincial Police:
Written approval of (private property owner, municipality):
Provide a Site Plan which will include the following:
a. Location and size of event - provide a map
b. Drawing of site of event, showing location of emergency
entrances/exits, booths, etc:
Notification in writing of Road Authority:
7. FEE (Cheque to be included with application):
A Registered Charitable Organization may submit a written request to have
the Fee reduced/waived by Council.
8. SPONSORS OF THE EVENT:
9. DISCLAIMER:
No worker (at this event) shall be considered an employee of the
Township.
5
By-law No. 13-17
A By-law to Regulate the Holding of
Public Events and Festivals Within
The Corporation of the Township
Of Elizabethtown-Kitley
DECLARATION:
As the applicant as named herein, llwe hereby make this application and
confirm that I/we have read By-law Number 13-17 and agree to abide by and
post same at the event location.
DATED THIS
DAY OF
THIS LICENCE IS
APPLICANT/SPONSOR
HEREBY GRANTED
AND IS IN EFFECT
(1 copy to applicant, 1 copy municipality)
FOR THE PERIOD
Clerk/Licencing Officer
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4.
5.
By-law No. 13-17
A By-law to Regulate the Holding of
Public Events and Festivals I/I/ithin
The Corporation of the Township
Of Elizabethtown-Kitley
The following needs to be provided to the Elizabethtown-Kitley Fire Chief
within fourteen (14) days after submission of completed Application to the
SCHEDULE "B"
TO
BY-LAW NUMBER 13-17
Regulate the Holding of Public Events
FIRE CHIEF FESTIVAL AND EVENTS REQUIREMENTS
Clerk in order for a letterof approval to be supplied to the Applicant:
FIRE:
1.
2.
3.
Site Plan for each location showing;
a. Activities
b.
Parking
Access Routes
Emergency Access
Emergency Equipment Location
If in a building, the applicant will need:
. Layout and occupancy load
. Activities
.
Evacuation Plan
. Emergency Access
Parking
Life Safety Plan for event
Names and contact information of individuals in charge
Expected attendance
FD?-P
_coQ.ocrn>
FIREWORKS:
1.
_U'I-I>OJI\)
Specific Site Plan:
a. Distances
b.
Launch point
c.
Spectator area
d. Surrounding topography
e. Safety equipment location
Safety plan and procedures
Copy of Fireworks Supen/isor Card
Firing list
Names, ages, and contact information of those assisting
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By-law No. 13-17
A By-law to Regulate the H0/ding of
Public Events and Festivals Within
The Corporation of the Township
Of Elizabethtown-Kitley
SCHEDULE "C"
TO
BY-LAW NUMBER 13-17
Regulate the Holding of Public Events
CERTIFICATE OF INSURANCE
AppIicantlSponsor
It is certified that insurance as described below has been arranged for the
insured name herein on whose behalf this certificate is executed, and we
hereby certify that such insurances are in full force and effect. If the said
insurance is cancelled or changed during its term in such a manner as to affect
this Certificate, written notice of such change or cancellation will be given by
letter.
INSURED NAME:
ADDRESS:
TYPE AND INSURER
GENERAL LIABILITY:
The Contractor shall maintain a Policy of General
Liability Insurance having limits of not less than
$2,000,000.00 inclusive per occurrence for bodily
injury, death and damage to property.
POLICY NO.:
EFFECTIVE DATE:
EXPIRATION:
LIMITS OF LIABILITY:
SIGNATURE:
Of Insurance Company Officer (Broker or agents signature not acceptable)
Contact Phone Number:
NOTE:
The following shall be added to THE GENERAL LIABILITY
INSURANCE CERTIFICATE:
The Township of Elizabethtown-Kitley is hereby named as an
additional insured but only in respect of and for the duration of
the services to be performed under this agreement, and shall
contain a cross liability clause endorsement.
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By-law No. 13-17
A By-law to Regulate the Holding of
Public Events and Festivals Within
The Corporation of the Township
Of Elizabethtown-Kitley
FEE FOR LICENCE TO OPERATE A PUBLIC EVENT, PARADE, FESTIVAL
SCHEDULE "F"
II"
ii
TO
'
BY-LAW NUMBER 13-17
Regulate the Holding of Public Events
SHALL BE $ 206.75
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A Registered Charitable Organization may submit a written request to have the
fee waived.
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