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TOWNSHIP OF ESSA
BY-LAW 2011-20
"BUSINESS LICENCING"
OFFICE CONSOLIDATION
As amended by 2014-23, 2016-83, 2018-17, 2019-75 and 2024-08
This is an office consolidation of the Township of Essa's By-law 2011-20 as amended, specific to the licencing,
regulation and governing of certain businesses, trades or occupations carried on, or engaged in, and organized
public amusement within the Township of Essa.
This office consolidation has been prepared for reference and information purposes only. It is not an official version
of the by-law. Official versions of all by-laws can be obtained by contacting the Clerk's Office at 705-424-9770.
If there are any discrepancies between this consolidation and By-laws 2006-18 and 2017-18, the By-laws shall
prevail.
THE CORPORATION OF THE TOWNSHIP OF ESSA
BY-LAW 2011 - 20
A By-Law of The Corporation of the Township of Essa to provide for the
licensing, regulation and governing of certain businesses, trades or
occupations carried on, or engaged in, and organized public amusement
within the Township of Essa [Repeals By-law 2007-81].
The Council of the Corporation of the Township of Essa hereby enacts as follows:
1.
TITLE AND SCOPE
This By-law shall be known as a by-law for the licensing, regulating and governing of trades,
businesses or occupations and organized public amusements or the persons carrying on, or
engaged in such activities in the Township of Essa and may be cited by its short title, "The
Business Licensing By-law".
2.
AUTHORITY
Municipal Act, 2001, S.O. 2001, Chapter 25, (the "Municipal Act, 2001"), as may be amended
from time to time, Part IV, Sections 150 through 165 inclusive.
3.
PURPOSES
This By-law has been enacted for the purposes of health and safety, noise and nuisance control
and consumer protection in the Township of Essa.
4.
PUBLIC MEETING
Notice of the proposed amendment of By-law 2007-81 was provided on the Township website
through the agenda for the Regular Council meeting of April 20, 2011.
5.
DEFINITIONS
For the purpose of this By-law:
"Adult Entertainment Establishment" means any premises, or part thereof, in which the
business carried on is provided in pursuance of a trade, calling, business or occupation, services
appealing to or designed to appeal to erotic or sexual appetites or inclinations.
"Animal" means any canine, bovine, feline, swine, livestock, poultry or non-exotic animal
residing at the same premises as a licensed operation. Exotic Animals - see Schedule 2.
"Applicant" means a person who is required to be licensed pursuant to this By-law or who has
made application for a license to the Issuer of Licenses and shall include a
licensee.
"Association" means a group of persons joined together to carry on a common business that is
not a partnership or corporation.
"By-law Enforcement Officer" means a Municipal Law Enforcement Officer appointed by by-
law for the purposes of carrying out inspections and the enforcement of municipal by-laws.
"Business" means any business wholly or partly carried on within a municipality, even if the
business is being carried on from a location outside the municipality, and includes trades and
occupations; exhibitions, concerts, festivals and other organized public amusements held for
profit or otherwise; the sale or hire of goods or services on an intermittent or one-time basis and
the activities of a transient trader; and the display of samples, patterns or specimens of goods for
the purpose of sale or hire. A municipality shall not pass a business licensing by-law for the
following:
a.
a manufacturing or an industrial business, except to the extent that it sells its products or raw
materials by retail;
b.
the sale of goods by wholesale;
c.
the generation, exploitation, extraction, harvesting, processing, renewal or transportation of
natural resources.
"Business Day" means a day from Monday to Friday except a statutory holiday.
"Campground" means any parcel of land which is zoned for the siting of recreational vehicles
and/or tents within the meaning of this By-law under Schedule 4.
"Council" means the Council for The Corporation of the Township of Essa.
"Director" means a person appointed or elected to the Board of Directors of a corporation.
"Essa" means The Corporation of the Township of Essa.
"Fee" means a payment for services and remuneration paid for goods or other property.
"Fire Official" means the person who may, from time to time, be appointed by Council to the
position of Fire Official or his designate.
"Goods" as it relates to Adult Entertainment Establishment Stores means books, adult
magazines, adult video tapes, pictures, slides, film, phonographic records, pre-recorded
magnetic tape or any other reading, viewing or listening matter appealing to or designed to
appeal to erotic or sexual appetites or inclinations.
"Inspector" means a Township Building Inspector, Fire Inspector or Chief Building Official.
"Issuer of Licenses" means the Clerk of the Township of Essa or any other person duly
authorized by the Clerk.
"License" means a business license issued pursuant to By-Law 2011-20.
"License Fee" means the appropriate fee for the license as set out in the approved Fee
Schedule.
"Licensee" means a person who has been issued a license pursuant to this By-law either in the
current calendar year or in a previous calendar year and shall include an applicant.
"Officer" means a person appointed by the board of directors of a corporation to hold an office
of management in a corporation such as president, vice-president, treasurer or secretary.
"Person" means a member of the public, an association, firm, partnership, private club,
incorporated company, corporation, agent or trustee and the heirs, executors or other legal
representatives of a person to whom the context can apply according to law.
"Premise" means land and includes any and all buildings or other structures thereon and
includes any vehicle or conveyance used in the operation of the business and premise shall have
the same meaning.
"Recreational Facility" means an indoor or outdoor facility used for a commercial operation.
"Catering Truck" means a motorized vehicle from which refreshments are sold, in particular on
construction sites for the sole purpose of providing food and drink to workers on site, and which
does not solicit business in commercial or residential areas.
"Service" means to provide or perform work done and benefit conferred upon another for a fee
and profit.
"Settlement Area" means urban or rural settlement areas within the municipality that are built up
areas where development is concentrated and which have a mix of land uses; and lands which
have been designated for development in an Official Plan over the long term planning horizon. In
cases where growth areas have not been designated by the Provincial or County Planning
Policies, the settlement area may be no larger than the area where development is concentrated.
See items M1 through M7 attached, referencing the settlement areas of Angus, Thornton, Baxter,
Ivy, Egbert, Colwell and Utopia.
"Shareholder" and any words referring to the holding of shares includes all persons having a
beneficial interest of any kind in the shares of the corporation.
"To Provide" means, when used in relation to any goods, magazines or video tapes, means to
sell, offer to sell or display for sale, by retail or otherwise including renting or barter for trade such
magazine or video tape, and "provider", "providing" and "provision" have corresponding
meanings.
"Township" means The Corporation of the Township of Essa.
"Zoning By-law" means the most current comprehensive zoning by-law in force in the
Township or portions thereof, as amended and passed, pursuant to the Planning Act, R.S.O.
1990, c. P. 13 (the "Planning Act").
6.
INTERPRETATION
6.1
Sections 1 through 15 of the By-law are intended to be the general sections applicable to
all businesses in the Township. Each Schedule contains specific regulations that apply to
named categories of businesses. The provisions set out in the schedules relating to a
specific business category shall form part of this By-law and shall be deemed to be in
addition to the provisions set out in sections 1 through 15.
6.2
Words used in the singular shall have corresponding meanings when used in the plural.
6.3
"May" will be construed as permissive.
6.4
"Shall" will be construed as imperative.
6.5
Unless the contrary intention appears in this By-law, words importing the masculine
gender shall include females as well as males and the converse.
6.6
Where any expression of time occurs or where any hour or other period of time is stated,
the time referred to shall be standard time, provided however, if what is known as
"daylight saving time" has been generally adopted in the regional area for any period of
the year such time shall be the time referred to during such period in any reference to
time in this By-law.
7.
GENERAL PROVISIONS
7.1
Licenses
No person shall carry on, conduct, operate, maintain, keep or engage in any business set
forth in this By-law, without first having obtained a license from the Issuer of Licenses.
7.2
Application for License
a.
Any person wishing to obtain a license shall submit the following to the Issuer of
Licenses:
i.
A completed application in the form deemed appropriate by the Issuer of
Licenses;
ii. A Supplementary Application for the applicable schedule;
iii. The required license fee as outlined in the Fee Schedule; and
iv. Any other documentation which may be listed on the supplementary
application form.
b.
If the applicant is a corporation, the applicant shall file with the application the full
name of every director, officer and shareholder or other person having an interest
in the shares of the corporation. As a condition of the license, the applicant shall
inform the Township of any changes to the shareholder information to ensure that
the Township's files are current at all times.
c.
If the applicant is a partnership, the applicant shall file with the application the full
name of every partner or other person having an interest in the shares of the
partnership. As a condition of the license, the applicant shall inform the Township
of any changes to the partnership information to ensure that the Township's files
are current at all times.
d.
If the applicant is an association, the applicant shall file with the application the full
name of every person having a financial interest in the association or its business.
As a condition of the license, the applicant shall inform the Township of any
changes to the submitted information to ensure that the Township's files are
current at all times.
e.
The Issuer of Licenses shall not issue a license until the application and license
fees have been paid and all requirements have been met.
f.
The Township shall review all license fees on an annual basis and fees shall be
approved as part of the Fee Schedule.
g.
If one applicant operates more than one business at the same location he shall
submit one application form providing information for each business to be
conducted at the location. Upon review of the application, the Issuer of Licenses
shall determine whether more than one license fee must be paid, and what the
most applicable fee is in a "multi-business" situation.
h.
Upon receipt of an application the Issuer of Licenses shall undertake any
investigations that, in their opinion, are necessary to assess the application. All
costs incurred in such investigations shall be at the applicant's expense.
i.
The applicant shall be responsible for obtaining all necessary inspections and
approvals as set out in this By-law, at their own expense.
j.
The Township may refuse to issue or renew a license if the property taxes for the
premises at which the licensed business is located are unpaid, or if any
outstanding monies are owing to the Township for services provided to or on the
subject property.
7.3
Upon receipt of a completed application and the appropriate fees for a license, the Issuer
of Licenses shall:
a.
Make any inquiries with any municipal official or employee who has carried out
inspections relative to the business under application;
b.
Receive reports from such municipal officials and employees as may be deemed
necessary;
c.
Inquire into all relevant matters in order to ascertain if the applicant is entitled to a
license under the provisions of this By-law;
d.
Ensure that all other provisions of this By-law have been complied with by the
applicant prior to the issuance of any such license.
7.4
Accessibility
The Township may refuse to issue a license unless the proposed business complies with
the Township's Accessibility Plan.
7.5
Insurance
If the Township approves the application for license, the applicant shall provide proof of
current and valid liability insurance for the term of the license in the amount set out in the
appropriate schedule to this By-law. The Certificate of Insurance shall show the Township
as additionally insured.
The Township shall not issue a license until it is in receipt of proof of liability insurance in
the required amount, showing the Township as additionally insured.
Notwithstanding certain sections of the Schedules to this By-law, the Issuer of Licenses
may, at their discretion, require or permit a business to obtain an amount of liability
insurance other than the amount set out.
7.6
Application for License Renewal
Any person wishing to renew a license previously granted under this By-law shall submit
the following to the Issuer of Licenses annually:
a.
A renewal application in the form deemed appropriate by the Issuer of Licenses;
b.
A Supplementary Application for the applicable schedule;
c.
A site plan showing any changes that have been made to the business or the
property since issuance of the last licence;
d.
The required license fee outlined in the Fee Schedule.
7.7
If the Issuer of Licenses receives an application for renewal of a license previously
granted under this By-law and the appropriate license fee, they shall:
a.
Ensure that all required inspections and approvals have been obtained;
b.
Make inquiries into all relevant matters in order to ascertain if the applicant is
entitled to obtain a renewed license under the provisions of this By-law;
c.
Inquire into any and all relevant changes in circumstances since the previous
license was issued to the applicant;
d.
Make any inquiries of any municipal official, employee or other agency who has
carried out inspections or investigations relative to the business under application;
e.
Receive reports from such municipal officials, employees or other agencies as
may be deemed necessary, prior to the issuance of any such renewal license;
f.
Ensure that neither the applicant nor licensee has any unpaid fines imposed under
the Provincial Offences Act for the contravention of the section of this By-law
under which the license was granted;
g.
Ensure that all property tax payments are current on the premises at which the
licensed business will be located; and
h.
Receive evidence that the applicant has obtained liability insurance in the amount
set out in the appropriate schedule to this By-law and ensure that such evidence
indicates that the Township is designated as additionally insured on the insurance
policy.
7.8
If all necessary inspections and approvals have been obtained and if the Issuer of
Licenses is satisfied that the applicant is entitled to the renewal of a license, the Issuer of
Licenses shall prepare and issue a renewed license to the applicant.
7.9
Form of License
Every license shall contain the following:
a.
The operating name of the business or person to whom the license is issued;
b.
The operating address of the premises or location for which the license is issued;
c.
The kind or class of license granted;
d.
The date of issuance;
e.
The date of expiration;
f.
The signature of the Issuer of Licenses or designate; and
g.
The Township's seal.
7.10
Lost or Destroyed
In the event that a license issued under this By-law is lost or destroyed the applicant shall:
a.
Submit proof of such loss or destruction to the satisfaction of the Issuer of
Licenses;
b.
Submit payment of the replacement fee of fifteen dollars ($15.00); and
c.
Upon receipt of the aforementioned, the Issuer of Licenses shall issue a duplicate
license with the word "duplicate" stamped or marked on it.
7.11
Change of Name, Ownership or Location
a.
Upon change of ownership of the licensed business every licensee shall return
and surrender his current license to the Issuer of Licenses. The new
owner shall make application for a new license as outlined in Section 7.2 of this
By-law. For the purpose of this section, a change in beneficial ownership of a
licensed
business that is a corporation shall be deemed to have occurred if
a majority of the shares of the corporation are transferred.
b.
A license is not transferable to a new location even if there is no change in the
business or the owner. The applicant must apply for a new business license
pursuant to Section 7.2 and shall surrender the license issued to the business at
the previous location, to the Issuer of Licenses.
7.12
Licenses Personal
No person shall have a vested interest or property right in any license or the continuance
of any license. All licenses remain the property of the Township.
7.13
Nuisance Abatement
In addition to any other provisions or requirements of this By-law every licensee shall:
a.
At all times maintain and keep safe, clean and in good condition and repair any
object, amusement, vehicle, place or premises for which the license is issued;
b.
Not cause, suffer, or permit any breach of any by-law of the corporation or of any
local board thereof, or of any statute, order-in-council, or regulation of the
legislature of the Province of Ontario or the Parliament of Canada or of any
agency, board or commission of either of them, in, upon, or in connection with the
object, amusement, place or premises for, or in relation to which such license was
issued;
c.
Not cause or commit any nuisance to arise in, on, or in connection with the object,
amusement, vehicle, place or premises for which the license was issued;
d.
Not cause or permit any shouting, noise or other disturbance on, in, or in
connection with the object, amusement, vehicle, place or premises for which the
license was issued, which is, in the opinion of the Township, unnecessary,
unreasonable or contrary to any municipal by-law prohibiting the same;
e.
Not cause or permit any obstruction on any highway, lane or public place near or
adjoining the place or premises for which the license was issued; and
f.
Not cause or permit any profane, offensive or abusive language or disorderly
conduct in, on, or in connection with any vehicle, place or premises for which the
license was issued.
7.14 Every person who acquires a license that is issued under this By-law is responsible for the
due performance and observance of all the provisions of this By-law by himself and by his
employees and all other persons in, or upon the licensed premises.
7.15
Inspection
a.
The Issuer of Licenses, or his designate, including but not limited to, the Fire
Official, Health Officials, Conservation Officers, Fire Fighters, Provincial Offences
Officers, By-Law Enforcement Officers, Police Inspectors or Police Officers,
Tobacco Enforcement Officers, or any agent, servant or employee of such servants
as designated by Council, may at all reasonable times, inspect or cause to be
inspected the premises, facilities, equipment, vehicles and other property used or
kept for hire in connection with the carrying on of a licensed business or a business
being carried on without a license, contrary to this By-law.
b.
Every person obtaining a license under this By-law, if the license applies to the
occupation of such person, shall carry his license with him when engaged in the
occupation for which the license is issued and every person so licensed shall,
when so requested by any person authorized by the Township, produce the license
for inspection.
c.
Every person obtaining a license under this By-law, where the license applies to
the premises, shall keep his license posted in a clearly visible place on the
premises in respect of which the license is issued and every person so licensed
shall, when requested by any person authorized by the Township, produce the
license for inspection.
7.16
Suspension or Refusal to Grant a License
a.
The Issuer of Licenses may refuse to issue a license to any applicant who, in the
Issuer's opinion, should not be granted a license because of past breaches of this
By-law or a failure to comply with the requirements of this By-law or other
applicable by-laws of the Township or of any local board thereof, or of any statute,
order-in-council, or regulation of the Provincial Legislature or the Parliament of
Canada or of any Agency, Board or Commission thereof, in, upon or in connection
with the business of the premises, facilities, equipment, vehicles and other property
used or kept for hire in connection with the business.
b.
The Township of Essa retains the right to suspend a license issued under this By-
law if the municipality is satisfied that the continuation of a business poses an
immediate danger to the health or safety of any person, animal, or to any property,
the municipality may, for the time and on such condition as it considers
appropriate, without a hearing, suspend a license subject to providing the licensee
with the reasons for the suspension, either orally or in writing, and an opportunity to
respond to them. Such suspension shall not exceed 14 calendar days.
c.
Notice of suspension or revocation of any license may be given by registered letter
mailed to the address on the license. Receipt of such notice is deemed to occur at
the time of mailing the notice and the license shall terminate two business days
after receipt of notice.
d.
Upon revocation and/or suspension of a license the licensee shall:
i.
Return all certificates and badges issued with reference to such license;
ii.
Permit any officer to enter the premises, vehicle or other property of the
licensee for the purpose of receiving or taking the certificates or badges; and
iii.
In no way hinder, prevent or obstruct an officer from carrying out his duties.
iv.
Cease operation of the business immediately.
7.17
Notice and Appeal
a.
If the Issuer of Licenses refuses to issue, or revokes a license, the said Issuer of
Licenses shall notify the applicant, in writing, of the decision. The notice shall set
out the grounds for the refusal and shall state that the applicant or licensee may
appeal the decision by filing an appeal with the Clerk of the Township within ten
(10) business days of receiving notice.
b.
Upon receipt of an appeal from the applicant the Clerk and Council shall follow the
hearing procedure set out in this By-law.
c.
After conducting the hearing the Council may grant a license, refuse to grant a
license, revoke a license or suspend a license and may make any suspension of
license subject to such terms or conditions as Council may prescribe. The
decision of Council is final and binding upon the applicant or any license.
d.
In making its determination, Council may have regard for the following:
i.
Whether the applicant or licensee and the premises, facilities, equipment,
vehicles and other personal property used or kept for hire in connection
with the carrying on of the business comply with all requirements of this
By-law;
ii.
Whether the applicant or licensee has failed to promptly remedy any
concern with regard to those matters set out in this By-law or has
committed past breaches of this By-law;
iii.
Whether the applicant or licensee has failed to comply with any
requirements of any other applicable by-law of the Township or any local
board thereof or of any statute, order-in-council or regulation of the
Provincial Legislature or the Parliament of Canada or of any Agency,
Board or Commission thereof, in, upon or in connection with the business
or the premises, facilities, equipment, vehicles and other property used or
kept for hire in connection with the business;
iv.
Whether the applicant or licensee has any fines (due and unpaid for fifteen
days or more) imposed under the Provincial Offences Act for the
contravention of the applicable section of this By-law under which the
license was granted;
v.
Whether all property taxes due on the premises used in connection with
the business have been paid; and
vi.
Whether all water and/or sewer accounts due on the premises used in
connection with the business have been paid.
7.18
Hearing Procedure
The Clerk shall fix a date and time for such matter to be considered by Council and shall
mail a Notice of Hearing to the licensee (at the last address as shown in the records of
the Issuer of Licenses or the current year's assessment roll) and to any other person who
has applied to be heard with regard to the matter.
a.
Notice shall be mailed at least fifteen (15) days prior to the date and time fixed for
the hearing.
b.
At the hearing Council shall receive a report, either verbally or in writing, from the
Issuer of Licenses and from such other officers and employees of the Township
as required by Council.
c.
At the hearing the licensee, either personally or through his agent or solicitor, shall
be afforded an opportunity to present material and evidence relevant to the issue
before Council and he may ask questions of any person presenting evidence or a
report to Council relevant to the issue.
d.
Council may afford any other person who applied to be heard and who, at the
discretion of Council, has an interest in the matter under discussion, may be
granted an opportunity to present material and evidence relevant to the issue
before Council and to ask questions of any person presenting evidence or a report
to Council relevant to the issues.
e.
For the purposes of this section, a quorum of Council shall be a majority of the
members of Council and a decision by the majority of members present shall be
the decision of Council.
f.
Council may, after having heard all of the evidence and submissions made by the
applicant/licensee and the Issuer of Licenses resolve into the Committee of the
Whole to debate the matter and make a decision.
g.
The decision made by Council sitting as the Committee of the Whole shall be
confirmed in open Council by Resolution immediately following the meeting of the
Committee of the Whole and a certified copy of such resolution shall be mailed to
the licensee, to any person who has appeared before Council and requested that
a copy of the resolution be provided to them and to the Issuer of Licenses.
7.19
General
a.
No person shall engage in, or continue to conduct, or permit any person to
engage in or continue to conduct, a business for which a license is required under
this By-law while such license is suspended or revoked.
b.
Every person engaging in any business for which he is required to be licensed by
the provisions of this By-law shall be responsible to comply with all the terms of
this By-law.
c.
For the purposes of this By-law, a business shall be deemed to be carried on
within a municipality even if any part of the business is carried on outside of the
municipality.
d.
In addition to the authority provided in the Municipal Act, and subject to other
relevant legislation, the Council of a local municipality may pass by-laws for the
licensing, regulating and governing any business carried on within the
municipality.
8.
OFFENCES AND PENALTIES
8.1
Any person who contravenes any provision of this By-law unless otherwise
provided herein is guilty of an offence.
8.2
Each day that a breach of this By-law continues shall constitute a separate
offence.
8.3
If the contravention relates to the licensing, regulating or governing of an adult
entertainment establishment, every person who commits a contravention and
every director or officer of a corporation who concurs in the contravention by the
corporation is guilty of an offence and upon conviction is liable to a fine not
exceeding $25,000, or to imprisonment for a term not exceeding one year, or to
both.
8.4
Where an owner is convicted of knowingly carrying on or engaging in a trade,
calling, business or occupation on, in, or in respect of any premises or part thereof
without a license required by a by-law passed under the Municipal Act, 2001, the
Court shall order that the premises or part thereof be closed to any use for any
period not exceeding two years.
8.5
Where a person is convicted of a contravention of a by-law passed under Sections
150 through 165 of the Municipal Act, 2001, the Court may order that the premises
or part thereof be closed to any use for any period not exceeding two years.
9.
SEVERABILITY
Should any section, subsection, clause, paragraph, schedule or provision of this By-law
be declared by a court of competent jurisdiction to be invalid, the remaining parts shall
nevertheless remain valid and binding and shall be read as if the offending section or part
has been struck out.
10.
ENFORCEMENT
This By-law shall be enforced by Township's By-Law Enforcement Officers and the
Nottawasaga Detachment of the Ontario Provincial Police.
11.
ADMINISTRATION
This By-law shall be administered by the Clerk as the Issuer of Licenses, or their duly
authorized representative.
12.
FORCE AND EFFECT
12.1
This By-law shall come into force and take effect on and from the day it is finally
passed by Council and unless earlier revoked.
12.2
Every license issued under this By-law shall expire at 11:59 p.m. on December
31st of the year for which the business license was issued.
13.
APPLICATIONS
13.1
Any person providing false information in any application or supplementary
application pursuant to this By-law is guilty of an offence.
13.2
Any person who is issued a license pursuant to this By-law shall report any change in
information in any submitted application forms to the Issuer of Licenses within fifteen (15)
business days of such change.
13.3
The granting of a license shall not, in any way, be deemed to be a waiver by the
Township of compliance with any other applicable by-laws of the Township or any other
legislation.
14.
EXISTING BY-LAWS
14.1
Nothing in this By-law shall override the provision of Essa's Comprehensive
Zoning By-law.
14.2
By-Law 2007-81 is hereby repealed.
14.3
By-laws 2006-18 and 2006-64 - Canine Control; 2006-48 - Transient Traders; and 2007-
53 and 2007-58 - Breeding; shall all remain in place and have effect, in conjunction with
and in adherence to the provisions set out herein.
15.
EFFECTIVE DATE
This By-law shall come into force upon the final passing thereof.
READ A FIRST, AND TAKEN AS READ A SECOND AND THIRD TIME and finally passed this
20th day of April, 2011.
___________________________________
Terry Dowdall, Mayor
___________________________________
Shawna Stone, Clerk
SCHEDULE "1"
KENNELS
1.
Authority
Municipal Act, 2001, S.O. 2001, c. 25, Section 11 (3) 9 and Section 150.
2.
Purpose
The licensing of kennels is for the purpose of nuisance control, consumer protection and health
and safety.
3.
Definitions
"Breeding Kennel" means a kennel or property housing three (3) or more dogs which are kept
for the purpose of reproduction and sale until they reach the age of 12 weeks. Refer to By-law
2007-53, as amended.
"Canine Control Officer" includes the person, firm, corporation or association who has entered
into a contract with or is employed by the Township to control dogs, and any servants or agents
named on such contract. For the purposes of this By-law, Essa's Canine Control Officers may be
appointed Municipal By-law Enforcement Officers in accordance with Section 15 of the Police
Services Act, R.S.O. 1990, c. P. 15.
"Dog" means any male or female dog, spayed bitch or neutered male, over the age of 12 weeks.
"Dog Owners Liability Act" (DOLA) refers to the Provincial legislation and Regulations
governing dog ownership, and dangerous dogs, in Ontario.
"Keep" means to be in the care, custody, control or possession of a canine.
"Kennel" means an enclosed building, made of four walls and a roof, used for the keeping,
breeding or boarding of dogs or any other function normally associated or related thereto.
"Kennel License" means a license issued pursuant to this By-law.
"Owner" of a dog includes any person who possesses or harbours a dog and "owns" or "owned"
have a corresponding meaning.
"Pit Bull" includes a pit bull terrier, a Staffordshire bull terrier, an American Staffordshire terrier,
an American pit bull terrier, or a dog that has an appearance and physical characteristics.
4.
General
4.1
Any household, business or property housing more than three (3) dogs constitutes a
kennel and is subject to the requirements of this By-law.
4.2
No person shall own, operate, manage, control, supervise, or have located on any
property, any kennel unless a kennel license has been issued by the Township for the
property.
4.3
Each applicant shall complete the appropriate Supplementary Application in the form in
addition to the Application for Business License.
4.4
To provide a buffer for noise attenuation and nuisance control no kennel license shall be
issued unless the kennel complies with the following minimum standards:
a.
No part of any kennel (including runs) shall be closer than 30 metres (98.4 feet) from
an abutting property line nor closer than 100 metres (328.1 feet) from any highway,
road or street;
b.
No part of any kennel shall be within 150 metres (492.1 feet) of a residential dwelling
on adjacent property; and
c.
The kennel must be located on a lot with a minimum area of 1.5 hectares (3.7
acres).
4.5
In the case of a proposed kennel that has not been built, an applicant for a kennel license
shall submit drawings along with a license application, and all other information as the
Township may require to determine whether the proposed kennel and runs conform with
the requirements of this By-law.
4.6
If the Township is satisfied that the kennel and runs conform with the requirements of this
By-law a kennel license may be issued.
4.7
Kennels shall be operated and maintained in accordance with the following regulations:
a.
Each kennel shall provide sufficient space for the animals which are kept therein to
stand and be in comfort, and being no less that 1.5 square metres (16.1 square feet)
per animal;
b.
Each kennel shall be kept in a sanitary, well ventilated, clean condition and free from
offensive odours, disease and vermin;
c.
Each kennel shall contain facilities to provide each animal with adequate access to
drinking water;
d.
No kennel or part thereof shall be used for human habitation; and
e.
All animals shall be confined to the kennel building between the hours of 9:00 p.m.
and 6:00 a.m.
4.8
The holder of a kennel license shall ensure that a responsible person designated by such
holder is in attendance at the kennel at least once every 24 hours.
4.9
The holder of a kennel license shall keep each dog confined within the kennel or runs
unless such dog is under the control of a responsible person designated by such holder.
4.10
Notwithstanding any other provision of this By-law for the purpose of nuisance control and
safety, the following provisions apply to kennels and kennel licenses under this By-law:
a.
No person shall keep or allow more than 15 dogs at any licensed kennel at any time;
b.
No more than one kennel license may be issued for any one property;
c.
No person shall obtain a kennel license in respect of any property if a kennel license
has been issued for any abutting property.
4.11
The license of any person who contravenes any provision of this By-law shall be
revoked.
4.12
Notwithstanding any other provision of this By-law, the number of kennel licenses issued
by the Township shall not exceed 25 in number at any one time.
4.13
This By-law is to be enforced by the appointed Canine Control Officer, By-Law
Enforcement Officers. Officers from the Ontario Society for the Prevention of Cruelty to
Animals, and the Ontario Provincial Police may also be involved in investigations.
5.
Insurance
5.1
The Township shall not issue a license under this schedule unless the applicant obtains
liability insurance in the amount of two million dollars ($2,000,000.00) and provides the
Township proof of such insurance, showing the Township as additionally insured.
5.2
The applicant shall keep the liability insurance current for the term of the license and shall
instruct the insurer to provide 10 days' written notice to the Township of any cancellation,
expiry or variation of such insurance.
5.3
The business license shall be invalid upon the cancellation or expiry of the liability
insurance.
6.
Breeding Kennels
Refer to By-law 2007-53, as amended.
SCHEDULE "2"
EXOTIC ANIMALS
1.
Authority
Municipal Act, 2001, S.O. 2001, c. 25, Section 11 (3) 9 and Section 150 (1).
2.
Purpose
The licensing of keeping certain animals is for the purpose of public safety and nuisance control.
3.
Definitions
"Animal" includes birds and reptiles.
"Animal, prohibited or dangerous" means any animal that is or deemed to be potentially
harmful to humans by nature, aggression, venom, toxins or size and that require specifically
designed, secure enclosures to ensure safekeeping including those animals listed on Appendix
B.
"Enclosure" means any cage, container, or structure to keep an animal confined for
safekeeping and includes the descriptions and specifications set out in Appendix C.
"Keep" means the act of care, custody, control or possession of an animal.
"Owner" means the person who owns the animal and includes any person who keeps, harbours,
or is in control of the animal within Essa, and where the owner is a minor, the person responsible
for the custody of the minor.
"Zone" means a designated area of land use as specified by Essa's Zoning By-law.
4.
Exemptions
4.1
No person shall keep, breed or board any prohibited or dangerous animal, within the
Township of Essa.
4.2
Section 4.1 of this By-law schedule shall not apply to prevent the keeping of any
domesticated animal listed in Appendix A, or any prohibited or dangerous animal,
provided that the animal is:
a.
in a veterinary hospital under the care of a licensed Veterinarian;
b.
in an OPP office;
c.
licensed by the Ontario Ministry of Natural Resources; or
d.
in an accredited zoo, or a zoo belonging to the Canadian Association of Zoos and
Aquariums, on lands specifically zoned for such use, where the applicant will
provide a liability insurance certificate in the amount of two million ($2,000,000.00)
naming the Township of Essa as an additional insured.
4.3
Notwithstanding this By-law, any person who owned a prohibited or dangerous animal
prior to the passing of By-law 2011-20 may be permitted to keep said animal if:
a.
the animal is registered with the Township utilizing the Supplementary Application;
b.
the animal is micro-chipped for identification purposes (if applicable and possible);
c.
the animal is either spayed or neutered;
d.
after an inspection by the Township's By-law Enforcement Officer, the By-law
Enforcement Officer is satisfied that the animal is being kept in a humane manner
and that adequate precautions are being taken to ensure that the animal cannot
escape its enclosure or in any way pose a danger to the public, in keeping with all
other Sections of this By-law.
e.
the applicant provides a liability insurance certificate in the amount of $2,000,000
naming the Township of Essa as an additional insured. The applicant shall keep the
liability insurance current for the term of the license and shall instruct the insurer to
provide 10 days written notice to the Township of any cancellation, expiry or
variation of such insurance. The business license shall be invalid upon the
cancellation or expiry of the liability insurance.
4.4
If any of the above requirements are unable to be met for any reason, written
documentation from the authorizing body must be provided and approved by the Issuer of
Licenses to support the owner's reason why the condition cannot be met.
5.
Registration
Registration of a prohibited or dangerous animal should take place with the Township with a fee
to be remitted to the Township in an amount set out in the Fee Schedule as it may be amended
from time to time. Upon registration and if the Township is satisfied that all parts of the Section 4
of this By-law schedule have been met, the owner of a prohibited or dangerous animal will be
issued a permit to display in a prominent location identifying the presence of a prohibited or
dangerous animal.
6.
Responsibility of Animal Ownership
6.1
Any person who owns a prohibited or dangerous animal shall:
a.
treat it in a humane manner;
b.
provide the necessary food, water, housing, care and attention as required to
address the biological and behavioural needs of the animal, with species specific
consideration;
c.
treat it so that offensive odours and the transfer of disease are minimized; and
d.
remove any excrement from the animal's enclosure and dispose of it in a sanitary
manner.
6.2
An owner shall have:
a.
adequate knowledge of the species regarding nutritional, health care, social and
housing requirements to address the biological and behavioural needs of the
animal; and
b.
not acquired a prohibited or dangerous animal through illegal means.
7.
Care of Animals and Enclosure Requirements
7.1
Care of Animals
a.
Every person who keeps a prohibited or dangerous animal within the Township shall
provide the animal or cause it to be provided with adequate and appropriate care,
food, water, shelter, exercise, behavioural enrichment, attention and veterinary care
as may be required to meet the biological and behavioural needs of the animal;
b.
If a prohibited or dangerous animal is customarily kept outdoors, the owner of the
animal shall provide for the safekeeping of the animal including for its use at all
times a structurally sufficient, weather-proofed and insulated enclosure of
appropriate size and dimension for the species;
c.
No person shall keep a prohibited or dangerous animal within the Township in an
unsanitary condition. Enclosures must be cleaned regularly, not allowing excessive
accumulation of urine and feces. An animal is kept in an unsanitary condition where
the keeping of the animal results in an accumulation of faecal matter, an odour,
insect infestation or rodent attractants which endanger the health of any person or
animal, or which disturbs or is likely to disturb the enjoyment, comfort or
convenience of anyone;
d.
No person shall permit any prohibited or dangerous animal to run at large or to
trespass within the Township. A prohibited or dangerous animal must remain
securely on the owner's property in accordance with the Enclosure Requirements
Section of this By-law schedule except for necessary visits to a veterinarian's office.
On occasions of transporting a prohibited or dangerous animal, such animal must
be transported in an approved temporary transporting cage and should not be
placed on a leash; and
e.
No person shall permit a prohibited or dangerous animal to breed with other
animals.
7.2
Enclosure Requirements
a.
A prohibited or dangerous animal shall be kept in an escape-proof enclosure or
container which complies with the requirements set out in Appendix C;
b.
Properties containing a prohibited or dangerous animal shall have a securely
constructed perimeter fence built to meet the specifications set out in Appendix C;
and
c.
Where a prohibited or dangerous animal is to be shown or displayed to the public,
there shall be no opportunity for physical contact between members of the public
and the animal. An owner who shows or displays a prohibited or dangerous animal
to the public shall take all reasonable steps to ensure that members of the public
are safe from harm.
8.
Enforcement
8.1
A prohibited or dangerous animal running at large within the Township may be impounded
or destroyed if necessary to ensure the safety of the public. All animals that are deemed
on inspection to be improperly enclosed or cared for may be impounded or destroyed if
necessary to ensure the safety of the public. Any owner of an animal impounded or
destroyed pursuant to this By-law shall be liable to pay all costs of impounding or
destroying the animal, its care and upkeep and all other reasonable costs related thereto.
8.2
If a complaint related to matters governed by this By-law is registered with the Township,
then an investigation, including inspection, may take place.
a.
The By-law Enforcement Officer, or any person acting under his or her instruction,
has the power of entry under Section 435 of the Municipal Act;
b.
A person exercising a power of entry must produce proper identification; or
c.
A person exercising a power of entry shall not enter or remain in any room or place
actually used as a dwelling unless,
i. the consent of the occupier is obtained, the occupier first having been informed
that the right of entry may be refused and, if refused, may only be made under the
authority of a warrant issued under Section 158 of the Provincial Offences Act;
ii. a warrant issued under Section 158 of the Provincial Offences Act is obtained; or
iii. the delay necessary to obtain a warrant or the consent of the occupier would
result in an immediate danger to the health and safety of any person.
SCHEDULE 2, APPENDIX "A"
DOMESTICATED ANIMALS
All domestic dogs
All domestic cats
All domestic ferrets
Rodents kept domestically including hamsters, rats and mice, and guinea pigs
SCHEDULE 2, APPENDIX "B"
PROHIBITED AND DANGEROUS ANIMALS
Bats
Canids (such as wolves) except domestic dogs
Crocodilians
Edentates (including anteaters, sloths and armadillos)
Elephants
Felids (including cougars, lions, lynx, panthers and tigers) except domestic cats
Hyenas
Marsupials (such as kangaroos and opossums)
Mustelids (such as skunks)
Non-human primates
Procyonids (such as raccoons)
Raptors (including eagles, hawks and owls) * except for those licensed under the Ministry of
Environment
Ursides (bears)
Venomous arachnids (spiders)
Venomous reptiles and constrictors (including pythons and anacondas)
SCHEDULE 2, APPENDIX "C"
ENCLOSURE REQUIREMENTS FOR A PROHIBITED OR DANGEROUS ANIMAL
Enclosures for venomous reptiles and constrictors:
1.
Enclosures shall be kept indoors in a secure and locked area.
2.
Enclosures shall be constructed of solid wood, fibreglass, plastic or metal.
3.
Enclosures themselves must be secure and key-locked. There shall be a sign displaying the
words "LIVE VENOMOUS ANIMAL(S), DO NOT TOUCH", which shall be posted outside the
enclosure and include a listing of emergency phone numbers.
4.
Enclosures should provide: adequate heat in a manner such that an animal can escape direct
heat (note, thermometers and a back-up heat source are recommended) and a rougher surface
to facilitate shedding (for snakes).
Enclosures for other prohibited or dangerous animals:
1.
Enclosures shall be no less than 9 m x 12 m comprised of 9-gauge chain link fence, which fence
is to be 3 m in height.
2.
The top of the enclosure must be covered and shall be comprised of 9-gauge chain link fence
with the required trusses, except in the case of enclosures for canids.
3.
Main corner posts are to be 7.6 cm metal posts. There will be additional cross posts placed
horizontally at 1 m and 2 m from the bottom of the fence. The bottom of the enclosure shall be
buried securely into the ground at a depth of 1 m.
4.
10.16 cm reinforced mesh shall be attached to the bottom of the enclosure and shall extend no
less than 1 m into the enclosure and weighted down by rocks.
5.
Enclosures shall provide an additional secured area attached to the main enclosure for when the
enclosure is being cleaned.
6.
Doors shall open into enclosures.
7.
There is to be a second chain link fence 1.8 m out from the enclosure and at least 1.2 m high.
"DANGER" signs must be posted on the outer fence and visible to the public.
8.
A secure perimeter fence must encompass the entire property of an owner, or an area as
deemed appropriate by the By-law Enforcement Officer, at a height of no less than 1.8 m.
SCHEDULE "3"
ADULT ENTERTAINMENT INDUSTRY
1.
Authority
Municipal Act, 2001, S.O. 2001, c. 25, Section 154.
2.
Purpose
The licensing of adult entertainment establishments is for the purpose of nuisance control within
the Township.
3.
Definitions
"Adult Entertainment" includes:
a. Services of which the principal feature or characteristic is the nudity or partial nudity of any
person.
b. Services in respect of which the word "nude", "naked", "topless", "bottomless", "sexy" or any
other word or any picture, symbol or representation having like meaning or implication is
used in any advertisement.
c. Any premises or part thereof in which goods are sold designed to arouse any person from
acquiring or being subjected to the goods displayed and available to the public. Shall
include, but not limited to novelty shops and adult video shops.
"Attendant" when used in reference to an adult entertainment establishment means any person
who provides, at or in an adult entertainment establishment, services designed to appeal to erotic
or sexual appetites or inclinations.
"Operator" means a person who alone or with others has the right to possess or occupy an
adult entertainment establishment and includes the manager or his or her delegate who shall be
on the premises at all times and who shall be at least nineteen (19) years of age.
"Owner" means a person who alone or with others has the right to possess or occupy an adult
entertainment establishment and includes a lessee of an adult entertainment establishment or of
premises upon which an adult entertainment establishment is located.
"Person" means an individual, association, firm, partnership, corporation, trust, incorporated
company, organization, trustee or agent, and the heirs, executors, or other legal representatives
of a person to whom the same can apply according to laws.
"Services" includes activities, facilities, performances, exhibitions, viewings and encounters but
does not include the exhibition of a film approved under the Theatres Act.
"Services Designed to Appeal to Erotic or Sexual Appetites or Inclinations" see definition
of Adult Entertainment Establishment.
4.
General
4.1
No person shall operate an adult entertainment establishment except in accordance with
the terms of this By-law.
4.2
No person shall operate, permit or maintain the business, trade or occupation of an adult
entertainment establishment, within the Township without first having obtained a license
to do so.
4.3
Every person carrying on the business of an adult entertainment establishment shall
prominently display at each entrance to the premises signage reading: "ADULT
ENTERTAINMENT ESTABLISHMENT".
4.4
No owner or operator of an adult entertainment establishment shall place or permit to be
placed any sign or any other advertising device on any lands and premises occupied by
the adult entertainment establishment, except a sign containing the words "Adult
Entertainment Establishment" and the name under which the business is operated
provided that such name does not include any of the following words: "nude", "naked",
"topless", "bottomless", "sexy" or any other word or any picture, symbol or representation
having like meaning or implication.
4.5
Portable signs shall not be permitted in conjunction with an adult entertainment
establishment.
4.6
In addition to normal regulations pertaining to signs, the following provisions shall apply to
adult entertainment signs:
a.
Only facia signs shall be permitted and the signs for the adult entertainment
establishments must be on that part of the building containing the adult entertainment
establishment;
b.
Signs shall contain the establishment name only; no pictures or symbols shall be
allowed;
c.
No person shall distribute any printed matter within the Township, the dominant
purpose of which is the promotion of adult entertainment establishments; and
d.
No person shall verbally, by means of loudspeakers or any electronically amplified
sound, advertise adult entertainment establishments in the Township.
4.7
No person shall provide services in any adult entertainment establishment unless such
premises are licensed under the provisions of this By-law.
4.8
Every licensee shall maintain a current list of all entertainers, the professional name under
which they perform, their legal name, current residing address, and current mailing
address.
4.9
No license shall be issued to an owner or operator of an adult entertainment
establishment unless:
a.
The applicant is at least nineteen (19) years of age;
b.
The Ontario Provincial Police have provided a written report indicating that the
Applicant has not received a conviction under one of the following sections of the
Criminal Code of Canada. S.173 of the Criminal Code (indecent acts) S.212 of the
Criminal Code (procuring) S.213 of the Criminal Code (prostitution);
c.
The premises comply with the zoning by-law regulations or any other applicable
requirements of the Township, Fire Code, Building Code and Public Health Act;
d.
The Fire Official has reported in writing that the premises complies with fire
regulations;
e. The Simcoe County Health Unit has reported in writing that the premises in connection
with which the license is sought are suitable for the purpose of the license application
and are in a sanitary condition;
f.
In the case of an operator's license, the operator provides the name of the owner
whose entertainment establishment the operator intends to operate; and
g.
The applicant has paid to the Township the license fee prescribed by this By-law.
5.
Age Restriction
No owner or operator shall permit any person under the age of eighteen (18) years to enter or
remain in the adult entertainment establishment, owned or operated by the owner or operator.
6.
Hours of Operation
6.1
No person, owner or operator shall operate an adult entertainment establishment other
than at the hours set out below:
Day
From
To
Monday
8:00 pm
1:00 am of the following day
Tuesday
8:00 pm
1:00 am of the following day
Wednesday
8:00 pm
1:00 am of the following day
Thursday
8:00 pm
1:00 am of the following day
Friday
12:00 pm
1:00 am of the following day
Saturday
12:00 pm
1:00 am of the following day
All adult entertainment establishments shall be closed and remain closed on all of the days
defined below:
SUNDAY
NEW YEAR'S DAY
FAMILY DAY
GOOD FRIDAY
EASTER MONDAY
THANKSGIVING DAY
REMEMBRANCE DAY
CHRISTMAS DAY
BOXING DAY
Any day appointed by proclamation of the Governor General or the Lieutenant Governor as a
public holiday or for a general fast or Thanksgiving.
When any of the aforesaid days falls on a Sunday, except Remembrance Day, the next
day following.
7.
Attendants
7.1
Proof of Age and Photo ID
No owner or operator shall permit any attendant on the premises licensed
pursuant to this Schedule and by-law without first having been provided with the
appropriate photo identification and proof of age. Until this proof of age is
submitted, the attendant shall not be permitted on the premises and failing which
the owner and/or operator shall be subject to suspension or revocation of the
license held pursuant to this schedule.
7.2
Notwithstanding any other provisions in this By-law to the contrary, an adult
entertainment establishment is not considered to be a place of entertainment, a
private or commercial club, tourist establishment, a recreational use, a
commercial recreational establishment or any other use not specifically defined
as an adult entertainment establishment.
8.
Prohibitions
8.1
No attendant shall, while providing services as an attendant, touch or be touched
by or have any physical contact with, any other person, in any manner
whatsoever involving any part of any person's body.
8.2
No owner or operator shall, in respect of any adult entertainment establishment
owned or operated by such person, knowingly permit any attendant, while
providing services as an attendant, to touch or be touched by, or have any
physical contact with any other person, in any manner whatsoever involving any
part of any person's body.
8.3
All services provided by attendants shall be provided within view of the main
stage area without obstruction by walls, curtains or any other enclosures. No
attendant shall provide any service within any area whatsoever which is not open
to view by all customers.
8.4
No owner or operator shall, in respect of any adult entertainment establishment
owned or operated by such person, allow any service to be provided by any
attendant within any area whatsoever which is not open to view by all customers,
and in the same manner as set out in Section 8.3.
8.5
No owner shall permit any person other than the attendants to be on the
performance stage while adult entertainment is being performed.
9.
Location
9.1
An adult entertainment establishment shall be allowed only in a building where it
is the sole use.
9.2
The property containing an adult entertainment establishment shall be located at
least 300 metres from any other property containing an adult entertainment
establishment.
9.3
The property containing an adult entertainment establishment shall be located at
least 500 metres from any residential, institutional or open space zone.
9.4
Notwithstanding any other provisions to the contrary, an adult entertainment
establishment shall not be permitted within 500 metres, measured in a
continuous path over the shortest horizontal distance, of any public or private
school, day care or nursery school, place of worship, library, school bus stop,
government office and public service buildings such as a post office, public parks
and recreation areas and medical building or facility.
10.
Inspection
10.1
On receipt of an application for a license or for any renewal of a license or at any
time during the period when the business is open for operation and all times
thereafter, the Issuer of Licenses, Fire Official or designate, Chief Building Official,
any Police Officer or By-Law Enforcement Officer may at any reasonable time
enter upon the premises of the applicant or licensee to make an inspection to
ensure that all the provisions of this By-law have been satisfied, and upon entry,
all employees and attendants shall identify themselves to verify compliance with
provisions of this By-law.
10.2
No person shall obstruct the Issuer of Licenses or designate, Chief Building
Official, any Police Officer or By-Law Enforcement Officer from inspecting
premises or withhold, destroy, conceal or refuse to furnish any information or thing
required by any one of the aforesaid official(s) conducting the inspection.
11.
Insurance
11.1
The Township shall not issue a license under this schedule unless the applicant
obtains liability insurance in the amount of three ($3) million dollars and provides
the Township proof of such insurance, showing the Township as additionally
insured.
11.2
The applicant shall keep the liability insurance current for the term of the license
and shall instruct the insurer to provide ten (10) days written notice to the
Township of any cancellation, expiry or variation of such insurance.
11.3
The business license shall be invalid upon the cancellation or expiry of the liability
insurance.
SCHEDULE "4"
SEASONAL CAMPGROUNDS
1.
Authority
Municipal Act, 2001, S.O. 2001, c. 25, Section 164.
2.
Purpose
The licensing of campgrounds is for the purpose of regulating the placement of camping
vehicles and tents on the property making up the campground and to make provisions
for the basic health, safety and welfare of occupants of such parks.
3.
Definitions
For the purposes of this By-law, the following words shall have the meaning ascribed
herein:
"Campground" means any parcel of land that is zoned for the locating of recreational
vehicles and/or tents within the meaning of the by-law.
"Mobile Home" means a transportable single detached dwelling unit designed and built
to be transported on its own chassis or frame, notwithstanding that its running gear is or
may be removed, that it is constructed or manufactured to provide a permanent
residence for one or more persons. The maximum width of this unit is 6.0 m. The
mobile home is designed for long-term year-round occupancy. It has facilities for
cooking, eating, living, sleeping and sanitation.
"Occupant" means any person who pays for the use of a site.
"Owner" means the person who holds legal title to a piece of property.
"Park Model Trailer" means a portable structure built on a single chassis and mounted
on wheels that is intended as living quarters for seasonal camping and is designed for
periodic relocation and having:
a.
a gross floor area, including lofts, not exceeding 50 square metres (538 square feet)
when set up ; and
b.
a width greater than 2.6 metres (8.5 feet) when prepared for transit.
"Recreational Vehicle" means any vehicle intended for recreational purposes and
which is self propelled and used only as temporary living, sleeping or eating
accommodation of persons including, but not limited to a vehicle with at least one of the
following:
a.
plumbing fixtures;
b.
fuel burning appliances; or
c.
a 120 volt electrical component.
"Site" means a parcel of land within a campground intended for the use of one party of
tourists or campers, including vehicle parking.
"Tent" means a collapsible shelter of canvas or other fabric used for camping outdoors.
"Travel Trailer" means a portable structure, other than a recreational vehicle, intended
as temporary living accommodations, including structures commonly referred to as travel
trailers, slide-in campers, chassis mounted campers and tent trailers having the following
features:
a.
an overall length not exceeding 12.5 metre (41 feet); and
b.
an overall width not exceeding 2.6 metre (8 feet, 6 inches). Width shall mean the
sum of the distance from the vehicle centre line to the outmost projections on each
side when the vehicle is folded or condensed for transit.
4.
Regulation of Campgrounds
4.1
No person shall operate a campground in Essa except in accordance with the
terms of this By-law.
4.2
Campgrounds operated within the Township of Essa shall:
a.
Only operate on lands properly zoned under the zoning by-law, for the
particular use covered by the proposed license.
b.
Be divided into lots, and each lot shall be occupied by no more than:
i. one park model trailer;
ii. one recreational vehicle; or
iii. one travel trailer.
c.
Operate in accordance with all applicable laws of the Province of Ontario, the
County of Simcoe and the Township of Essa, and only in accordance with
up-to-date approvals issued by all of the applicable authorities. Without
limiting the generality of the foregoing, such approvals shall include the
approval of the local Fire Official with respect to the presence of appropriate
fire prevention facilities and including facilities for effective fire fighting,
approvals from the Simcoe County District Health Unit and the Ministry of the
Environment with respect to sewage disposal systems, potable water supply
and distribution systems, including any underground piping necessary for
communal water and sewage systems.
4.3
Despite Section 4.2 (a), nothing in this section shall prevent the use of any lands
for purposes of a campground as defined herein provided that such use was
legally established under the zoning by-law in existence at the time of the
establishment of the use and that use has continued uninterrupted since the time
of being established. The exception contained within this section shall only
extend to that portion of the lands actually being occupied and used for the
locating of tents and recreational vehicles on the day of coming into force of this
By-law.
4.4
Every licensee shall:
a.
Ensure that adequate and unobstructed access is provided to every
occupied lot for emergency vehicles.
b.
Ensure that every lot is equipped with a metal refuse container(s) with a self-
closing lid, and such container(s) shall be kept in a clean and sanitary
condition and emptied at least once daily.
5.
Lot Restrictions
5.1
No person shall construct on any site any structure, addition, or add on of any
kind unless the addition has been specifically manufactured for the park model
trailer, recreational vehicle or travel trailer located within the site and such
addition is in compliance with the Building Code Act, 1992, S.O. c.23.
5.2
No person shall erect or locate, or permit to be erected or located, a mobile home
within the campground unless permitted under section 46 (1) of the Planning Act,
R.S.O. 1990, c. P. 13.
6.
Suspension and Revocation of License
6.1
On the recommendation of the Issuer of Licenses, Municipal Council reserves the
right to suspend, cancel or revoke a campground license in the event that:
a.
The licensee has breached this By-law;
b.
In the opinion of Council it is in the public interest to do so.
7.
Administration, Enforcement and Inspection
7.1
An Inspector under this section of the by-law:
a.
Has the power to enter upon and examine any land or premises being used
or purported to be used as a campground within the Township of Essa at any
reasonable time or times; and
b.
May be accompanied by such other person or persons as they deem
necessary to properly carry out their duties under this By-law.
8.
Insurance
8.1
The Township shall not issue a license under this schedule unless the applicant
obtains liability insurance in the amount of three ($3) million dollars and provides
the Township proof of such insurance, showing the Township as additionally
insured.
8.2
The applicant shall keep the liability insurance current for the term of the license
and shall instruct the insurer to provide 10 days' written notice to the Township of
any cancellation, expiry or variation of such insurance.
8.3
The business license shall be invalid upon the cancellation or expiry of the liability
insurance.
SCHEDULE "5"
CATERING TRUCKS
1.
Authority
Municipal Act, 2001, S.O. 2001, c. 25, as amended, Sections 150 through 153.
2.
Purpose
The licensing of catering trucks is for the purpose of health and safety of the public.
3.
Definitions
"Catering truck" means a motorized vehicle from which refreshments are sold, in particular on
construction sites for the sole purpose of providing food and drink to workers on site, and which
does not solicit business in commercial or residential areas.
"Public Property" means all property in the Township owned by the Municipal, Federal or
Provincial Government, or public Boards or Agencies, including but not limited to, parks, roads,
streets, highways (both the traveled and untraveled portions), and public building sites (arenas,
Administration Centre, etc.).
"Refreshment" means any food or drink which is sold ready to eat or drink without any further
preparation.
"Transient Trader" means the operation of any business, commerce or trade, or the sale of
any good or service on a temporary, intermittent or one time basis on any road allowance,
municipally owned property, private property, or other public space. Any such activity is
prohibited under By-law 2006 - 48, being a By-law to prohibit the sale or hire of goods or
services by Transient Traders.
4.
General
4.1
No person shall operate a mobile food vending or preparation vehicle, or offer for sale
any food or drink from a mobile vehicle or cart within the Township of Essa, with the
exception of a Catering Truck for the construction industry.
4.2
No person shall operate or maintain a Catering Truck within the Township, or offer any
food or drink for sale, without first obtaining a license.
4.3
No person shall operate or maintain a Catering Truck without prominently displaying a
license issued by The Township of Essa.
4.4
No person shall obtain a license without first obtaining written approvals from the Simcoe
County District Health Unit and the Fire Official of the Township.
4.5
Every applicant must submit an Application for Business License along with a
Supplementary Application Form.
4.6
Prior to the issuance of a Catering Truck license, and prior to the renewal of each
catering truck license, the applicant shall produce for the Issuer of Licenses or designate,
signed evidence of inspection from a qualified propane fitter, that the propane-fueled
appliances, if any, installed on the vehicle comply with the Ontario Propane Code.
4.7
At any time before issuing a license or during the term of the license, Essa Township
may make all investigations which it deems necessary or which are required by law. If
such investigations disclose no reason to believe that the carrying on of the business
would result in a breach of the law or be in any way adverse to the public interest, a
licensed may be issued.
4.8
If the investigation referred to in paragraph 4.7 discloses any reason to believe that the
carrying on of the business may result in a breach of the law or may in any way be
adverse to the public interest, the application shall be refused.
4.9
The Township of Essa shall provide written notification of the refusal to any applicant
who applies to operate an ice cream truck, chip wagon, hot dog cart, or other mobile
food vending vehicle other than a Catering Truck for the purposes set out herein.
4.10
No person shall operate or maintain a catering truck on public property or provide goods
for sale to the public at events held within the municipality such as festivals, games of
sport and similar activities.
4.11
Catering Trucks may only offer goods for sale upon the consent of the owner of the
property or development under construction.
4.12
Every licensee shall:
a.
Ensure that every Catering Truck is equipped with a metal refuse container(s)
and/or recycling containers which shall be kept in a clean and sanitary condition to
prevent the spread of litter and debris; and
b.
Ensure that every refuse container is located in such a position on the vehicle so
as to be easily accessible by persons making purchases while the vehicle is
stopped.
4.13
Every licensee agrees to maintain the Catering Truck in a clean and safe condition.
4.14
Every licensee shall ensure that the area surrounding the licensed vehicle is left in a
clean and tidy condition, free of garbage, litter and debris which may have been left from
items purchased from the vehicle.
4.15
The By-law Enforcement Officer, Fire Chief, Building Inspector or Chief Building Official
may, at all reasonable times, inspect as much of a vehicle as is used for the carrying on
of the business for which any person has or is required to have a license under this
Schedule, and no person who has or is required to have a license under this Schedule
shall obstruct or hinder the inspection aforesaid, or cause or permit the same to be
obstructed or hindered.
4.16
Every licensee shall ensure that every motorized Catering Truck is equipped with an
audible reversing alarm to warn the public when the vehicle is moving backward.
5.
Insurance
5.1
The Township shall not issue a license under this Schedule unless the applicant obtains
liability insurance in the amount of three ($3) million dollars and provides the Township
proof of such insurance, showing the Township as additionally insured.
5.2
The applicant shall keep the liability insurance current for the term of the license and
shall instruct the insurer to provide 10 days' written notice to the Township of any
cancellation, expiry or variation of such insurance.
5.3
The business license shall be invalid upon the cancellation or expiry of the liability
insurance.
SCHEDULE "6"
SALVAGE YARDS
1.
Authority
Municipal Act, 2001, S.O. 2001, c. 25, as amended, Sections 150 through 153.
2.
Purpose
The licensing of the operating of salvage yards is for the purpose of nuisance control and health
and safety.
3.
Definitions
"Licensed Tire Compound" is defined under the Environmental Protection Act.
"Neutral" means having little or no colour and blending with the surrounding environment.
"Revoked" means loss of license.
"Salvage Yard" means an automobile wrecking yard or premises, and any similar wrecking
yard.
4.
General
4.1
No person shall operate a salvage yard in the Township unless the person is a holder of
a valid license issued under this By-law.
4.2
No person shall operate a salvage yard unless the land on which the salvage yard is
located has been specifically zoned for such a use and complies with the Township's
most current zoning by-law or is a permitted non-conforming use under such by-law.
4.3
No person shall operate a salvage yard on land that is covered by water or prone to
flooding and no person shall locate a salvage yard operation so that drainage leads to
any watercourse.
4.4
Any person operating a salvage yard shall locate the operations on the site so as to keep
dust, noise, traffic, and other disturbances to a minimum.
4.5
An operator of a salvage yard shall keep the salvage yard free from fire hazards, vermin
and other hazards to the health and safety of persons or property.
4.6
No person shall openly burn, or permit open burning of any material in a salvage yard.
4.7
No person shall operate a salvage yard in a disorderly fashion or leave the salvage yard
attended by other than a responsible person.
a.
All fluids, including antifreeze and gasoline, shall be drained from derelict vehicles
before they are processed.
b.
All fluids are to be disposed of in accordance with the Environmental Protection
Act, R.S.O. 1990, c. E. 17, and other applicable legislation, unless they are
properly stored for the purposes of resale.
4.8
Salvage yard operators shall obtain a letter of compliance from the Ministry of the
Environment certifying the safe operation of the salvage yard. The Township shall not
issue a license or license renewal prior to the submission of the letter of compliance to
the Issuer of Licenses.
4.9
This By-law does not include a licensed tire compound as defined under the
Environmental Protection Act, R.S.O. 1990, c. E. 17.
5.
Licensing
5.1
A supplementary application for a license to operate a salvage yard pursuant to this By-
law shall be submitted in addition to the Business Application Form.
5.2
For the purposes of ensuring safe storage of materials and proper year round
emergency access, in addition to the information the supplementary application, the
applicant shall submit a site plan of the salvage yard showing the following:
a.
The boundary of the salvage yard;
b.
The elevation of the property and the location of all drainage areas and all
watercourses within 91 metres (100 yards) of the exterior boundary of the salvage
yard operation;
c.
The location of all existing and proposed buildings, driveways, parking areas,
roads, grades and exterior storage areas;
d.
The location of all operating areas, dismantling areas and other areas in which
noise or dust is likely to be generated;
e.
The location, height and type of construction of all fences;
f.
All fire prevention equipment.
5.3
The site plan shall be updated annually to show any changes, and shall be legible with
accurate measurements.
5.4
All fire prevention equipment and procedures must be approved in writing by the Fire
Official of the Township before the application will be considered complete.
5.5
A license may be revoked on any of the following grounds:
a.
If any of the provisions of this By-law are contravened by the license holder;
b.
If the license holder fails to operate the salvage yard in accordance with the
application and license;
c.
If the license holder's license has been suspended or cancelled under Section 59
of the Highway Traffic Act, R.S.O. 1990, c. H8, as amended;
d.
If a revoked license is to be reinstated, all infractions must be satisfactorily rectified
in or out of court, as well as all fines and/or fees paid prior to receiving
reinstatement; and
e.
A fee as prescribed in the Fee Schedule will be levied for the reinstatement once
item 5.5 (d) has been adhered to.
5.6
A license may be refused:
a.
If the license holder has made any false statement in an application for license
under this By-law;
b.
If a license for a salvage yard at the same location, or operated at any other
location in the Township by the same person or company as the proposed salvage
yard, has been previously revoked under Section 5.5;
c.
If the Township has reasonable grounds to believe that the salvage yard would not
be established or operated in accordance with the provisions of this By-law or any
other applicable by-law or legislation; or
d.
If a salvage yard is not a permitted use on the subject land pursuant to the
Township's Zoning By-law, or if the site is located in such proximity to a residential
or built up area that its operation may cause interference with the enjoyment of
amenities by the surrounding residents.
5.7
A license shall be refused where the applicant does not have a license to operate a
salvage yard, issued under Section 59 of the Highway Traffic Act, R.S.O. 1990, c. H.8,
as amended, or where his license under the said Section has been suspended or
cancelled.
5.8
A license may be renewed provided the license holder maintains his operation in
accordance with this Schedule, and upon completion of the Business Application Form
and appropriate Supplementary Application as well as the payment of all fees.
5.9
Any person that owns or operates an unlicensed salvage yard or has his license revoked
pursuant to this By-law shall, upon receiving written notice to do so, remove all derelict
vehicles and used or scrapped vehicle parts from the site to an approved salvage yard,
or shall remove all the aforesaid items to a licensed location for proper and immediate
disposal.
6.
Hours of Operation and Inspection
6.1
No person shall conduct any operations, including dismantling operations, between the
hours of 6:00 p.m. and 7:00 a.m.
6.2
No person shall prevent a By-law Enforcement Officer of the Township from inspecting
the premises of a salvage yard at any time.
6.3
A license holder shall permit and provide entry to a By-law Enforcement Officer to
inspect the premises of a salvage yard, including all dismantling machinery, vehicles and
the interior of any building to determine compliance with the provisions of this By-law.
7.
Building and Site Requirements
7.1
No person shall operate a salvage yard operation other than within an enclosed building
or within an area surrounded by a fence or other visual barrier that is a minimum of 2.438
metres (8 feet) in height.
7.2
The fence in subsection 7.1 a. above shall be either masonry, metal, wood or a
composition thereof, and if constructed of wood or metal, shall be a uniform neutral
colour.
7.3
No vehicle or salvage shall be stacked to a height greater than the fence or visual barrier
erected in accordance with subsection 7.1 above.
7.4
An existing fence is satisfactory for the purpose of this section if it is a uniform, neutral
colour and provided that any new fence or replacement fence is of a uniform
composition.
7.5
The storage of vehicles or salvage is not permitted outside the compound or on the front
parking area of the salvage yard. The front area must be kept clean at all times.
7.6
A salvage yard shall have a driveway of a minimum width of 7.62 metres (25
feet).
7.7
All driveways and parking areas shall be treated so as to provide a stable surface for the
movement and parking of vehicles.
7.8
All buildings and all fences in a salvage yard shall be kept in a good state of repair and in
conformity with all applicable legislation and by-laws of the Township, including the
Property Standards By-law.
8.
Insurance
8.1
The Township shall not issue a license under this schedule unless the applicant obtains
liability insurance in the amount of three ($3) million dollars and provides the Township
proof of such insurance, showing the Township as additionally insured.
8.2
The applicant shall keep the liability insurance current for the term of the license and shall
instruct the insurer to provide 10 days' written notice to the Township of any cancellation,
expiry or variation of such insurance.
8.3
The business license shall be invalid upon the cancellation or expiry of the liability
insurance.
SCHEDULE "7"
TAXIS
1.
Authority
The Municipal Act, 2001, S.O. 2001, c. 25, as amended, Section 156.
2.
Purpose
The licensing of taxis is for the purpose of health and safety and consumer protection.
3.
Definitions
"Accessible Taxicab" means a taxicab for the conveyance of persons with physical, emotional
or mental disabilities, as approved by the Ontario Ministry of Transportation.
"Driver" means the individual who has care and control of the taxicab and is licensed or required
to be licensed under this By-law.
"Driver Abstract" means a record provided by the Ministry of Transportation providing
information, driver history, convictions, discharges and other actions for a three year period on
an individual
"Motor vehicle" includes taxicabs and buses.
"Own" includes lease, and "owner" has a corresponding meaning.
"Owner" means the individual or corporation who owns the taxicab or a series of taxicabs, and
who may also be a driver.
"Police Clearance Letter" means a letter issued by a local police authority showing the results
of a search of the Canadian Police Information Centre for criminal records and for any files held
by local police on an individual.
"Taxicab" means a vehicle licensed in accordance with this By-law and the Ontario Ministry of
Transportation for the conveyance of persons or property, and which provides for the collection
of fares charged for the conveyance.
"Transfer" means when a license is transferred from one vehicle to another.
4.
General
4.1
No person shall own, drive or permit to be driven for hire, any motor vehicle for the
conveyance of passengers or goods wholly within or from within the limits of the
Township unless such person has applied for and obtained a license for such purposes
from the Corporation of the Township of Essa.
4.2
The owner of any motor vehicle referred to in Section 2 of this By-law shall apply for a
license for each vehicle which said owner owns or leases and shall pay a fee as set out in
the Township's Fee Schedule for each vehicle licensed by the same owner.
4.3
No taxicab owner shall permit any taxicab to be driven or to drive a taxicab for hire with
any mechanical defects such as to render it unsafe or unfit under the provisions of the
Highway Traffic Act.
4.4
All applications for licenses under this category shall contain the following and shall be
filed with the Issuer of Licenses before any license may be issued:
a.
A supplementary application form containing all information and signed by the
applicant.
b.
A certificate of insurance not more than 30 days old certifying that the owner and
driver of each vehicle for which a taxi cab vehicle license is being applied for are
insured for public liability, property damage, and passenger hazard, with a minimum
of $3,000,000.00 coverage per incident or occurrence and written confirmation from
the insurer that the Municipality will receive at least ten (10) days written notice prior
to any cancellation, expiry or variation thereof.
c.
A valid Vehicle Safety Standards Certificate not more than 30 days old, as
prescribed by the Highway Traffic Act, R.S.O. 1990, Chapter H.8, with respect to
each taxi cab for which a taxi cab vehicle license is being applied for, and for any
renewal or transfer thereof.
d.
A copy of the Ontario vehicle registration - Vehicle Portion, for each vehicle to be
licensed.
4.5
The transfer of licenses from one vehicle to another will be subject to a fee as set out in
the Township's Fee Schedule.
4.6
Licenses respecting the ownership of a motor vehicle to which this By-law applies shall
only be issued after consideration of the application by Council on the recommendation of
the Issuer of Licenses.
4.7
A license in a form as approved by Council from time to time shall be issued for each
vehicle licensed under this By-law and said license shall display the license number under
this By-law, the Province of Ontario motor vehicle license number, year, make, model,
registered owner, lessee (if any), and serial number of the vehicle for which it was issued.
4.8
The Issuer of Licenses shall issue the license referred to in Section 4.7 and shall keep a
record of all information shown on said license.
4.8
The owner and driver of any vehicle licensed under this By-law schedule shall ensure that
the license issued under Section 4.7 is carried at all times in the vehicle to which it applies
and securely fastened so as to be readily discernible by a person seated anywhere in the
vehicle other than the driver's seat.
4.9
All drivers of taxicabs licensed under this By-law must be a minimum of eighteen (18)
years old.
4.10
All taxi cab drivers shall apply for a license to drive under a licensed taxi cab company.
Applicants are required to complete the Taxi Cab Driver Application form and supply the
following information:
a.
A copy of a valid Ontario driver's license for the applicant.
b.
A Criminal Record check or police clearance letter not more than 30 days old.
c.
A driver's abstract for the owner/applicant, not more than 30 days old.
4.10
Any license issued under this By-law may be revoked by the Council at any time, if any of
the following exists or occurs:
a.
The licensee is convicted of an offence under the Criminal Code of Canada or the
Highway Traffic Act.
b.
The licensee is charged or convicted of an offence under this By-law.
c.
The insurance on any vehicle subject to this By-law is cancelled or suspended.
d.
Any event occurs which, in the opinion of the Council, is reasonably likely to reoccur
or otherwise endanger the safety, health or peace of mind of the inhabitants of the
Township of Essa if such license is not revoked.
4.11
The dispatch office or office space from which the taxicab licensed under this By-law
operates shall be located within The Township of Essa, and the owner of a taxicab
wishing to be licensed in The Township of Essa must be the owner or lessee of such
property.
4.12
Each taxicab licensed in accordance with this By-law shall display the Township of Essa
Taxi License sticker on the licensed vehicle so as to be clearly visible to the consumer.
5.
Taxis used for School Transportation
5.1
The owner or driver of a taxi shall, while such taxi is being used for the transportation of
children to or from school, observe and comply with the provisions of the Highway Traffic
Act, R.S.O. 1990, c. H. 8, and regulations thereunder.
5.2
All persons issued a license under this By-law shall file with the Issuer of licenses the
following:
a.
A new application within ten (10) days should any change occur in the information
previously filed.
b.
Proof of insurance coverage as in Section 4.4 b of this Schedule within 10 days of
the expiry date shown in the application.
5.3
This By-law does not apply to the following:
a.
Regularly scheduled and charter bus lines.
b.
Trucking operations for the conveyance of goods.
c.
Parcel and mail delivery services where the usual and predominant course of
business is the conveyance of goods.
d.
School buses.
e.
The conveyance of goods or passengers through the Township or from outside the
Township to a point within the Township.
f.
The conveyance of goods and passengers from within the Township to a point or
points outside the Township when the request for said conveyance was received
outside the geographical limits of the Township of Essa, and where the taxi
originated its trip from outside the geographic limits of the Township of Essa.
6.
Accessible Taxicabs
6.1
An owner may utilize an existing taxicab license issued to him for use on an accessible
taxicab.
6.2
Every accessible taxicab shall meet the current regulations pursuant to the Highway
Traffic Act with respect to vehicles for the transportation of physically disabled
passengers. Written approval from the Ministry of Transportation shall be provided at the
time of application prior to the license being issued.
6.3
A sign or decal displaying the international symbol for disability must be placed on an
accessible taxicab and located at the rear of the vehicle.
6.4
Every driver of an accessible taxicab shall offer assistance as required to facilitate the
entry or exit of a physically disabled person into or out of an accessible taxicab and
securely fasten all wheelchairs so that they are prevented from moving when the taxicab
is in motion.
6.5
Where a taxicab owner offers wheelchair accessible service and such service is
requested by a physically challenged person, the owner shall provide priority service for
such request. In the event the accessible taxicab has been dispatched to a customer not
requiring the services of an accessible taxicab, but the accessible taxicab has not been
engaged, the owner shall ensure that another taxicab is dispatched to respond to the
customer not requiring the accessible taxicab and shall ensure that the accessible taxicab
is dispatched to the customer requiring the service.
7.
Insurance
7.1
In accordance with Section 4.4 b) above, The Township shall not issue a license under
this schedule unless the applicant obtains liability insurance in the amount of three ($3)
million dollars and provides the Township proof of such insurance, showing the Township
as additionally insured.
7.2
The applicant shall keep the liability insurance current for the term of the license and shall
instruct the insurer to provide 10 days' written notice to the Township of any cancellation,
expiry or variation of such insurance.
7.3
The business license shall be invalid upon the cancellation or expiry of the liability
insurance.
SCHEDULE "8 A"
RECREATIONAL FACILITIES - RECREATIONAL ACTIVITIES
1.
Authority
Municipal Act, 2001, S.O. 2001, c. 25, as amended, Sections 150 through 153.
2.
Purpose
The licensing of recreational facilities and events is for the purpose of nuisance control,
consumer protection and ensuring the health and safety of the public.
3.
Definitions
"Archery/Shooting Range" means any premises or part thereof in which the activity carried on
is the facilitation of target ranges at which participants shoot with either bows and arrows,
firearms.
"Arena" means any privately owned premises or part thereof in which there is an ice pad or rink
which may be used for skating, and/or a gymnasium, or any space used for recreation, sporting
events, amusements or physical activities.
"Bingo Hall" means any premises or part thereof in which games of Bingo are held for profit or
for charitable purposes by the business owner, or a registered charitable organization.
"Driving Range" means any premises or part thereof in which the business carried on is the
facilitation of ranges at which participants drive or putt golf balls.
"Flea Market or Trade Show" means any premises or event or part thereof in which the
business carried on is the sale of discounted and/or second-hand goods.
"Go-Kart Facility" means any premises or part thereof that contains a race track constructed for
miniature motorized vehicles which may be known as go-karts.
"Golf Course" means any premises or part thereof at which the business carried on is the
facilitation of golf games, and/or a driving range.
"Indoor Entertainment, Play Place or Indoor Tournament" means any premises, event or
part thereof at which the business carried on is the facilitation of indoor games, toys, activities,
sporting events and amusements other than those otherwise specified in this By-law including
but not limited to archery/shooting ranges, arcade halls, billiard halls, bowling allies, batting
cages, indoor recreational centres, paintball facilities, sports tournaments and indoor golf
facilities, go-kart tracks but shall not include events held by local schools.
"Motor Vehicle Racing" means the competitive racing of any self propelled vehicle, all terrain
vehicle, snow machine, motor cycle, cart, dirt bike, truck or any conveyance with wheels or
runners.
"Outdoor Entertainment, Play Place or Outdoor Tournament" means any premises, event, or
part thereof at which the business carried on is the facilitation of outdoor games including but not
limited to batting cages, go-kart tracks, paintball facilities, skateboard parks, sporting events and
live entertainment venues or water parks, but shall not include events held by local schools.
Where the main event is outdoors this definition is intended to include, without limiting the
generality of the foregoing, club houses, pro shops, snack bars and equipment sheds.
"Paintball Facility" means any indoor or outdoor area, grounds or facility operated as a
paintball facility.
"Petting Zoo" means any premises or part thereof in which the business carried on is the
keeping of animals for the purpose of allowing customers to interact and touch such animals.
This item is not to be confused with Exotic Animals, noted under Schedule 2.
"Recreational Facility" means an indoor or outdoor trade, business or occupation where
members of the public enjoy any pleasurable interest, activity, pastime or amusement whether or
not a fee is paid. This definition shall also apply to places of amusement, arcades, fitness clubs,
public halls, circuses, menageries, bowling alleys, roller rinks, arenas and private contractors
who may be contracted from time to time to operate recreational properties and programs.
"Township Facility" means lands or buildings owned by the Township of Essa.
"Traveling Midway" means a temporary amusement park set up within the municipality that
includes but is not limited to amusement rides and midway games.
4.
General
4.1
No person shall operate an archery/shooting range, race track, paintball facility, driving
range, flea market, go-kart facility, golf course, bingo hall, indoor or outdoor entertainment
or play place, petting zoo, theatre, motor vehicle racing facility, or traveling midway, or
any other type of recreational facility or event unless such person has applied for and
obtained a license for such purposes from the Corporation of the Township of Essa.
4.2
No license shall be issued to an owner or operator of a business under this schedule
unless:
a.
The premises complies with the zoning by-law regulations and land use designation,
or any other applicable requirements of the Township Zoning By-law, Official Plan,
Fire Code, Building Code and Public Health Act;
b.
The Fire Official has reported in writing that the premises comply with fire
regulations;
c.
The Simcoe County Health Unit has reported in writing that the premises in
connection to the operation with which the license is sought are suitable for the
purpose of the license application and are in a sanitary condition; if required by the
Issuer of Licenses.
d.
The applicant has paid the license fee prescribed in the Fee Schedule;
e.
If applicable, the business and the equipment and devices used therein comply with
the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16, and other
legislation setting standards relevant to the particular business; and
f.
The applicant provides information relating to the equipment, vehicles and other
personal property used or kept for hire in connection with the business as requested
by the Township.
4.3
No owner or operator shall cause or permit to be caused noise emanating from the
business or operation that is, in the opinion of the Township, at a level that constitutes a
nuisance or interferes with neighboring property uses.
4.4
An investigation of the activities interfering with neighbouring properties or causing noise
may be carried out by any Township official or other persons designated by the Township.
4.5
In the event that the Township has notified the owner or operator of a breach of section
4.3 above, and if the breach is not remedied within the time outlined by the Township
representative, the Township shall revoke the business license. Notice for the purposes
of this section shall include informing the owner or operator or his or her representative of
the breach of section 4.3 in person, by telephone, by fax or by personal mail. If notice is
given by fax, it shall be deemed to be received on the first business day following the
transmission and if notice is given by mail it shall be deemed to be received two business
days after mailing.
4.6
No person shall operate a business under this section in a disorderly fashion or leave the
business attended by anyone other than a responsible person.
4.7
Any person operating a business under this Schedule shall locate the facility or "active
use areas" on the site so as to keep dust, noise, traffic, litter and other disturbances to a
minimum, so as to adversely affect any neighbouring property.
4.8
No person shall permit any animal used in connection with such business to run at large
or to trespass within the Township. Such person shall also require all animals to be
leashed when not enclosed in a cage or building.
4.9
For the purposes of ensuring diminished nuisance, noise abatement, and proper year
round emergency access, unless the applicant is locating its business within a Township
facility, the applicant shall submit a site plan of the business facility with the license
application showing the following:
a. The boundary of the active use areas;
b. A minimum distance of 1000 metres from a settlement area, as defined in the
Official Plan and/or the Zoning By-law for the Township of Essa, including the
settlement areas of Angus, Baxter, Thornton, Colwell, Egbert, Ivy and Utopia, as
shown on items M1 through M7 attached;
c. The location of all existing and proposed buildings, driveways, parking areas, roads,
grades and location and description of activities taking place on site;
d. The location, height and type of construction of all fences and gates; and
e. All fire prevention equipment, and emergency access routes.
4.10
The operator shall update such site plan annually or more frequently if required to keep
the Township records current and accurate.
5.
Alcohol Prohibited
Any person operating a business under this schedule shall prohibit the consumption of alcohol on
all public lands, including all municipal facilities used for the carrying out of the business unless
authorized by the municipality and subject to the conditions of such authorization.
6.
Hours of Operation
6.1
No owner or operator shall operate an indoor entertainment or play place or bingo hall
outside of the hours set out for such business in the supplemental application form.
6.2
No owner or operator shall operate an outdoor entertainment or play place, archery or
shooting range, driving range, flea market, paintball facility, go-kart facility, golf course,
petting zoo or traveling midway, other than at the hours set out for such businesses in the
applicable Supplementary Application.
7.
Inspection
7.1
On receipt of an application for a license or for any renewal of a license, or at any time
during the period when the business is open for operation and all times thereafter, the
Issuer of Licenses, Fire Official or designate, Chief Building Official, any Police Officer or
By-Law Enforcement Officer may at any reasonable time, enter upon the premises of the
applicant or licensee to make an inspection to ensure that all the provisions of this By-law
have been satisfied.
7.2
No person shall obstruct the Issuer of Licenses or designate, Fire Official or designate
Chief Building Official, any Police Officer or Municipal Law Enforcement Officer from
inspecting premises or withhold, destroy, conceal or refuse to furnish any information or
thing required by any one of the aforesaid official(s) conducting the inspection.
8.
Insurance
8.1
The Township may refuse to issue a license under this Schedule unless the applicant
obtains liability insurance in the amount of three ($3) million dollars and provides proof of
such insurance showing the Township as additionally insured. The Township may refuse
to issue a license under this schedule if the applicant fails to provide proof of such
insurance.
8.2
The applicant shall keep the liability insurance current for the term of the license and shall
instruct the insurer to provide 10 days' written notice to the Township of any cancellation,
expiry or variation of such insurance.
8.3
The business license shall be invalid upon the cancellation or expiry of the required
liability insurance.
SCHEDULE "8 B"
RECREATIONAL FACILITIES - EVENT VENUES
1.
Authority
Municipal Act, 2001, S.O. 2001, c. 25, as amended, Sections 150 through 153.
2.
Purpose
The licensing of Recreational Facilities - Event Venues is for the purpose of nuisance control,
consumer protection and ensuring the health and safety of the public.
3.
Application
This requirements for licensing outlined in this Schedule apply only to properties where
Wedding Barns are permitted in accordance with land use planning and the Township's Zoning
By-law.
4.
Definitions
"Event Venue" means any place of public assembly where members of the public gather
together for the purpose of any meeting, entertainment or witnessing of nuptials, where an
admission fee is charged, or where after admission a charge is made or a fee collected, or where
the event venue is rented or leased by any person or organization for any such function, but does
not include churches or places of worship. Types of events may be weddings, conferences etc.
5.
General
5.1
No person shall operate a public hall, event centre, wedding barn or conference facility for
an event venue unless such person has applied for and obtained a license for such
purposes from the Corporation of the Township of Essa.
5.2
No license shall be issued to an owner or operator of a business under this schedule
unless:
a.
The premises complies with the Zoning By-Law Regulations and Land Use
Designation, or any other applicable requirements of the Township's Zoning By-law,
Official Plan, Fire Code, Building Code and Public Health Act;
b. The Fire Official has reported in writing that the premises comply with fire regulations;
c. The Simcoe County Health Unit has reported in writing that the premises in
connection to the operation with which the license is sought are suitable for the
purpose of the license application and are in a sanitary condition, if required by the
Issuer of Licenses.
d. The applicant has paid the license fee prescribed in the Fee Schedule;
e. If applicable, the business and the equipment and devices used therein comply with
the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16, and other legislation
setting standards relevant to the particular business; and
5.3
No owner or operator shall cause or permit to be caused noise emanating from the
business or operation that is, in the opinion of the Township, at a level that constitutes a
nuisance or interferes with neighboring property uses and is in compliance with all
Municipal By-laws.
5.4
An investigation of the activities interfering with neighbouring properties or causing noise
may be carried out by any Township official or other persons designated by the Township.
5.5
In the event that the Township has notified the owner or operator of a breach of section
5.3 above, and if the breach is not remedied within the time outlined by the Township
representative, the Township shall revoke the business license. Notice for the purposes
of this section shall include informing the owner or operator or his or her representative of
the breach of section 5.3 in person, by telephone, fax, e-mail or by personal mail. Once
Notice has been provided, it shall be deemed to be received on the first business day
following the transmission and if notice is given by mail it shall be deemed to be received
two business days after mailing.
5.6
No person shall operate a business under this section in a disorderly fashion or leave the
business attended by anyone other than a responsible person.
5.7
Any person operating a business under this Schedule shall locate the facility or "active
use areas" on the site so as to keep dust, noise, traffic, litter and other disturbances to a
minimum, so as to adversely affect any neighbouring properties.
5.8
For the purposes of ensuring diminished nuisance, noise abatement, and proper year
round emergency access, the applicant shall submit a site plan of the facility for the event
with the license application showing the following:
a.
The boundary of the active use areas;
b. The location of all existing and proposed buildings, driveways, parking areas, roads,
grades and location and description of activities taking place on site;
c. The location, height and type of construction of all fences and gates; and
d. All fire prevention equipment, and emergency access routes.
5.9
The operator shall update such site plan annually or more frequently if required to keep
the Township records current and accurate.
6.
Regulation of Alcohol
6.1
Any person operating a business under this schedule shall prohibit the consumption of
alcohol on all public lands, including all municipal facilities used for the carrying out of the
business unless authorized by the municipality and subject
to the conditions of such authorization.
6.2
The owner or operator of a business that has been granted permission from the
Municipality to allow for the consumption of alcohol shall provide the municipality with a
copy of their valid Liquor License and/or Special Occasion Permit (SOP) upon application
of
a
business
license
and
subsequent
renewals
thereafter.
(Note Special Occasion Permits are valid for one event only. The municipality is required
to receive copies of each individual SOP issued by the AGCO for individual events, if
there is no valid Liquor License.
6.3
Where a Liquor License has been obtained and approved by the regulating authority, all
owners and/or operators shall ensure that all conditions set within the approval shall be
complied with. The owner is required to provide the municipality with a copy of the liquor
license at the time of application and with each subsequent renewal thereafter.
7.
Special Occasion Permits Where Food is Served
7.1
Upon request, the holder of this license is required to provide the municipality proof that
the Health Unit has received and approved an SOP where food is to be served to persons
in attendance for every event
8.
Hours of Operation
8.1
No owner or operator shall operate outside the hours set out for in the supplemental
application form.
8.2
No owner or operator shall host more than thirty (30) events during each calendar year.
9.
Inspection
9.1
On receipt of an application for a license or for any renewal of a license, or at any time
during the period when the business is open for operation and all times thereafter, the
Issuer of Licenses, Fire Official or designate, Chief Building Official, Health Department
Inspector, Police Officer or By-Law Enforcement Officer may at any reasonable time,
enter upon the premises of the applicant or licensee to make an inspection to ensure that
all the provisions of this By-law have been satisfied.
9.2
No person shall obstruct the Issuer of Licenses or designate, Fire Official or designate
Chief Building Official, Health Department Inspector, Police Officer or Municipal Law
Enforcement Officer from inspecting premises or withhold, destroy, conceal or refuse to
furnish any information or thing required by any one of the aforesaid official(s) conducting
the inspection.
10.
Insurance
10.1
The Township may refuse to issue a license under this Schedule unless the applicant
obtains liability insurance in the amount of two ($2) million dollars and provides proof of
such insurance showing the Township as additionally insured.
10.2
The applicant shall keep the liability insurance current for the term of the license and shall
instruct the insurer to provide 10 days' written notice to the Township of any cancellation,
expiry or variation of such insurance.
10.3
The business license shall be invalid upon the cancellation or expiry of the required
liability insurance.
11.
Limitations
11.1 The following limitations apply to holders of licenses issued under the schedules as
follows:
a.
Maximum of 30 events per season
b.
License is valid from January 1st to December 31st each calendar year and is
required to be renewed on an annual basis.
c.
Events shall end no later than 11:00 p.m.
SCHEDULE "9"
TOW TRUCK LICENSING PROVISIONS
Schedule 9 was repealed by By-law 2024-08 as a result of the implementation of the Towing
Storage and Safety Enforcement Act.
Licensing for the towing industry is required to be obtained through the Province. For more
information, please visit: Get a towing or vehicle storage certificate | ontario.ca