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24/10/2024 - OFFICE CONSOLIDATED
(This copy is a consolidation of the Business Licencing By-law and subsequent amendments. It is
intended for office use and convenience only. For accuracy, reference should be made to the
amending by-laws and schedules on file in the office of the Town Clerk- As amended by the
following: 31-07; 152-08; 119-09; 40-09, 70-10, 48-11, 111-12, 50-13; 50-2016; 63-2016; 37-2018; 40-
2019; 113-2019; 22-2021; 41-2021; 58-2021; 116-2021; 154-2021; 98-2022; 102-2024)
The Municipal Corporation of the
Town of Fort Erie
BY-LAW NO. 217-05
_________________________________________________________
BEING A BY-LAW TO LICENCE AND REGULATE VARIOUS
BUSINESSES IN THE TOWN OF FORT ERIE AND TO REPEAL
CERTAIN BY-LAWS
WHEREAS Section 151 of the Municipal Act, 2001, as amended, provides for the licencing of
businesses in a municipality including the power to licence, revoke or suspend the licence,
and to impose conditions or special conditions, and
WHEREAS it is deemed necessary and expedient to licence, regulate and govern certain
businesses within the Town of Fort Erie.
NOW THEREFORE the Municipal Council of The Corporation of the Town of Fort Erie hereby
enacts as follows:
PART 1 - SHORT TITLE
1.1
The Short Title of this by-law shall be the "Business Licencing By-law."
PART 2 - DEFINITIONS
2.1
For the purposes of this by-law:
(a)
"Appeals Committee" means an Appeals Committee for the purposes of this
by-law comprised of three (3) Members of Council and two alternates who
shall hear any appeals under this by-law;
(b)
"Applicant" means any person applying for a licence under this by-law;
(c)
"Business" shall include but is not limited to:
(i)
trades and occupations;
(ii)
the sale or hire of goods, wares, merchandise or services on an
intermittent or one-time basis;
(iii)
the display of samples, patterns, or specimens of goods for the purpose
of sale or hire
Page 2 of 69
but does not include
(i)
a manufacturing or an industrial business, except to the extent that it
sells its products or raw material by retail;
(ii)
the sale of goods by wholesale; or
(iii)
the generation, exploitation, extraction, harvesting, processing, renewal
or transportation of natural resources;
(iv)
those businesses that municipalities are prevented from licencing as set
out under O.Reg. 243/02 and other Regulations enacted from time to
time; and
for purposes of this definition a business shall be deemed to be carried on
within the Town if any part of the business is carried on within the Town even if
the business is being carried on from a location from outside the Town;
(d)
"Council" means the Municipal Council of the Town of Fort Erie;
(e)
"Fire Chief" means the Fire Chief of the Town of Fort Erie or Fire Inspector, or
designate;
(f)
"Licence" means the official document issued by the Town under the
provisions of this by-law bearing the signature of the Coordinator, Community
Liaison and Business Licencing authorizing a person to conduct a business
listed in the schedules annexed hereto to this by-law;
(g)
"Medical Officer of Health" means the Medical Officer of Health for the
Regional Municipality of Niagara or designate, duly appointed under the Health
Protection and Promotion Act;
(h)
"Officer" means any Town employee authorized by the Council to enforce the
provisions of any by-law or to conduct inspections in relation to this by-law, or
any police officer or Medical Officer of Health or designate;
(i)
"Owner"- premises - with respect to premises shall mean the registered owner
of the land on which the premises is situated and includes a trustee acting on
behalf of the registered owner, the estate of a registered owner and a person
with a lease hold interest in the land;
(j)
"Owner" with respect to a trade, calling, business, or occupation shall mean
the business, company or partnership that carries on the trade, business or
occupation and whose name appears on the licence issued by the Town for
such trade, business or occupation pursuant to this by-law;
(k)
"Person" shall include an individual, a partnership, a firm or a corporation;
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(l)
"Premises" means any land, including, a building, structure or installation and
also includes any vehicle, vessel or conveyance used in the operation of a
business;
(m)
"Registered Charitable Organization" means any charity that is registered or
is eligible to be registered with the Federal Government and has a registered
charity number that has been issued;
(n)
"Special Event" shall mean an annual community event with all proceeds
donated for charitable or not-for-profit purposes;
(o)
"Town" means the Corporation of the Town of Fort Erie;
(p)
"Town Clerk" means the Clerk of the Corporation of the Town of Fort Erie or
designate.
PART 3 - GENERAL PROVISIONS
3.1
LICENCING - POWERS
The powers to licence, regulate and govern a business includes the power to,
(a)
prohibit the carrying on or engaging in the business without a licence;
(b)
refuse to grant a licence or to revoke or suspend a licence;
(c)
impose conditions as a requirement of obtaining, continuing to hold or renewing
a licence;
(d)
impose special conditions on a business in a class that have not been imposed
on all of the businesses in that class in order to obtain, continue to hold or
renew a licence;
(e)
impose conditions, including special conditions, as a requirement of continuing
to hold a licence at any time during the term of the licence;
(f)
licence, regulate or govern real and personal property used by the business
and the persons carrying it on or engaged in it, and
(g)
require a person, subject to such conditions as the municipality considers
appropriate, to pay an administrative penalty if the municipality is satisfied that
the person has failed to comply with any part of a system of licences
established by the municipality.
3.2
ADMINISTRATION AND LICENCING POWERS
3.2.1 Unless otherwise indicated, the administration of this by-law including approval
of applications and issuance of licences shall be assigned to the Coordinator,
Community Liaison and Business Licencing who may delegate the
performance of his/her functions under this by-law from time to time as the
occasion requires.
3.2.2 The Coordinator, Community Liaison and Business Licencing shall issue or
renew a licence provided that the provisions of this by-law have been complied
with.
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3.2.3 The Coordinator, Community Liaison and Business Licencing may issue or
renew a licence prior to the receipt of all inspection reports or approvals
required herein where the Coordinator, Community Liaison and Business
Licencing is satisfied that such inspections or approvals will be reasonably
delayed due to internal scheduling constraints; and provided the applicant is
advised that the licence may be revoked if the subsequent inspections or
approvals determine that the business is not in compliance with this by-law.
3.3
ENFORCEMENT
The Enforcement of this by-law shall be primarily assigned to the members of the
Niagara Regional Police Service and to the By-law Enforcement Service for the Town
but any Officer with a duty to enforce under any statute or this by-law shall do so
accordingly.
3.4
PART 2 - APPLIES TO - ALL OF THE PARTS
All of the regulations contained in this part of the by-law shall apply to all licences
required under the provisions of this by-law.
3.5
LICENCE REQUIRED
No person shall carry on any trade, calling, business, or occupation set out in the
Schedules of this by-law, without a licence to do so issued by the Town. Each trade,
calling, business or occupation shall be separately licenced.
3.6
LICENCE - APPLICATION
Every person wishing to make an application for a business licence, or renewal thereof
under this by-law, shall file:
(a)
a completed application form, and
(b)
the application fee prescribed in the schedules of this by-law
3.7
LICENCE - APPLICATION - FULL INFORMATION - REQUIRED
Upon receipt of an application for a licence, the Coordinator, Community Liaison and
Business Licencing shall:
(a)
stamp the application with the date and time of receipt and process applications
in the order in which they were received, and
(b)
circulate the application to applicable officers for inspection and approval.
3.8
LICENCE - APPLICATION - SUBJECT TO APPROVAL
Every application shall be subject to approvals from such municipal or provincial
departments or agencies as may be set out in the Schedules of this By-law and such
other municipal or provincial departments or agencies as the Coordinator, Community
Liaison and Business Licencing deems necessary.
3.9
OTHER LAWS
The requirement of obtaining a licence under this by-law is in addition to and not in
substitution for any other requirement to obtain a licence or licences or other regulatory
approvals under any other federal, provincial or municipal regulations.
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3.10
LICENCE - DISPLAY
Every person holding a licence issued pursuant to this by-law shall:
(a)
with respect to premises, display the licence in a conspicuous place in or on the
said premises, or
(b)
with respect to a vehicle, display the licence in a conspicuous place in or on the
said vehicle, or
(c)
with respect to an individual, maintain the licence on their person while
conducting the activity for which the licence was issued.
3.11
LICENCE - PROPERTY OF TOWN - TRANSFER PROHIBITED
Every licence, at all times, is owned by and is the property of the Town and is valid
only in respect of the person and the premises or of the person named therein and for
the nature of business stated in the licence, and no licence may be sold, purchased,
leased, mortgaged, charged, encumbered, assigned, pledged, transferred, seized,
distained or otherwise dealt with.
3.12
INFORMATION - HELD BY COORDINATOR, COMMUNITY LIAISON AND
BUSINESS LICENCING - OPEN TO INSPECTION
Any application, comment, recommendation, information, document or thing in the
possession of the Coordinator, Community Liaison and Business Licencing pursuant
to the provisions of this by-law shall be made available by the Coordinator, Community
Liaison and Business Licencing for an inspection:
(a)
by any person employed in the administration or the enforcement of this by-law,
and
(b)
by any other person upon the consent, satisfactory to the Coordinator,
Community Liaison and Business Licencing, of the person, civic department,
board, commission, authority or other agency which produced or submitted the
application, comment, recommendation, information, document or thing;
subject only to the limitations imposed by the Municipal Freedom of Information and
Protection of Privacy Act.
3.13
INSPECTIONS - OFFICERS
Subject to Part 3.15 of this by-law, any member of the Niagara Regional Police Service
or any Officer may, at all reasonable times and upon producing proper identification,
enter and inspect any premises or any part of any premises licenced under the
provisions of this by-law.
3.14
NO PERSON - OBSTRUCT - PERSON WHO ENFORCES
No person shall hinder or obstruct, or attempt to hinder or obstruct, any person
exercising a power or performing a duty under this by-law.
3.15
INSPECTIONS - DWELLING - POLICE - SEARCH WARRANT
Except under the authority of a search warrant under the Provincial Offences Act or in
accordance with the provisions of Section 430 of the Municipal Act, 2001, as amended
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from time to time, any person exercising a power of entry on behalf of the Town under
this by-law shall not enter any room or place actually used as a dwelling without
requesting and obtaining the consent of the occupier, first having informed the
occupier that the right of entry may be refused and entry made then only under the
authority of a search warrant.
3.16
RECORDS - TO BE KEPT - AS REQUIRED
No person shall fail to keep any and all of the records to be kept by under the
provisions of any section of any part of this by-law.
3.17
DEFICIENCIES - SPECIFIED - NOTICE TO - APPLICANT
Where any determination is made that any premises or person named in the
application does not receive the approvals required by this by-law, the reasons for the
lack of the required approvals shall be specified, and the Coordinator, Community
Liaison and Business Licencing shall notify the applicant of all such reasons.
3.18
LICENCE - NOT TO BE ISSUED OR RENEWED - WHERE BY-LAW
CONTRAVENED
No licence shall be issued to any person in respect of any premises in which the
carrying on or operation of the business for which the application is being made is in
contravention of any by-law of the Town, or any applicable Provincial or Federal
legislation.
3.19
LICENCE - TERM OF EXPIRY
All licences shall be issued and shall be valid on an annual basis, save and except
where stated otherwise in any of the Schedules to this by-law.
3.20
LICENCE - ADMINISTRATION FEE - LICENCE REFUSED OR WITHDRAWN
All business licence fees are non-refundable if the application is refused for any reason
or is withdrawn by the applicant prior to the issuance of a licence.
3.21
ISSUANCE, RENEWAL - CONDITIONS
Every initial licence and every renewal thereof, is subject to the following conditions of
obtaining, continuing to hold, and renewing a licence, all of which shall be performed
and observed by the applicant, holder of the licence or by the operator of the business:
(a)
the applicant shall pay the applicable licence fee;
(b)
the applicant shall allow, at any reasonable time, the Town to inspect the place
and premises used for the business and the equipment, vehicles and other
personal property used or kept for hire in the carrying out of the business;
(c)
the applicant shall ensure that the place or premises used for the business are
not constructed or equipped so as to hinder the enforcement of this by-law;
(d)
the premises in which the business is located shall be in accordance with the
requirements of the Building Code Act and the regulations thereunder, the Fire
Protection and Prevention Act, 1997 and the regulations thereunder, and any
by-law of the Town prescribing standards for the maintenance and occupancy
of property within the Town;
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(e)
where premises in which the business is located are altered and a building
permit is required to carry out the alterations, the premises, as altered, shall be
in accordance with the Building Code Act and the regulations thereunder, the
Fire Protection and Prevention Act, 1997 and the regulations thereunder, and
any by-law of the corporation prescribing standards for the maintenance and
occupancy of property within the Town;
(f)
the use of the premises for the purpose of the business is permitted or
conforms with the uses of the premises permitted under the applicable zoning
by-law or is a legal non-conforming use;
(g)
the owner or operator shall have a contractual or proprietary interest in the
lands and premises upon which the business is to be operated which will
enable the owner or operator to carry on the business;
(h)
the applicant or licence holder shall not carry on activities that are in
contravention of this by-law;
(i)
the applicant or licence holder shall not fail to pay any part of a fine for a
contravention of this by-law after the fine becomes due and payable under
Section 66 of the Provincial Offences Act, including any extension of time for
payment ordered under that section.
3.22 REVOKING, SUSPENDING OR CANCELLING
A licence may be revoked, suspended or cancelled:
(a)
where the licencee would be disentitled to a licence for the reasons set
out in Subsection 3.21 of this by-law;
(b)
when the licencee is convicted of an offence under any provision of this by-law,
or any other municipal, Provincial or Federal statute or regulation with respect
to the business;
(c)
upon recommendation from the Appeals Committee respecting the licencee's
business practices or standards;
(d)
where the licence was issued incorrectly based on incorrect or incomplete
information provided by the applicant;
(e)
any business licence application that has not received approvals from all
municipal or Provincial departments or agencies as the Coordinator,
Community Liaison and Business Licencing deems necessary because of the
applicant's inability to comply with the requirements to become licenced.
PART 4 - APPEALS
4.1
LICENCING POWERS - DELEGATION TO APPEALS COMMITTEE
(a)
The general licencing powers contained in Part IV of the Municipal Act, 2001,
S.O. 2001, c.25 as amended are hereby assigned to the Appeals Committee.
(b)
The Appeals Committee shall make the final decision with respect to refusing to
issue, refusing to renew, suspending or revoking a licence under this by-law.
4.2
REFERRAL - APPEALS COMMITTEE - COORDINATOR, COMMUNITY LIAISON
AND BUSINESS LICENCING
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(a)
At any time before the Coordinator, Community Liaison and Business Licencing
either issues or renews a licence, or recommends to refuse to issue or to refuse
to renew a licence, he/she may, or he/she shall on the request of the applicant
refer the application for such issuance or renewal of the licence to the Appeals
Committee.
(b)
Where there is a referral to the Appeals Committee pursuant to this section, the
Appeals Committee shall hold a meeting for the purpose of directing the
Coordinator, Community Liaison and Business Licencing to issue or renew the
licence, or not to issue or renew the licence, and the Appeals Committee,
(c)
when directing the Coordinator, Community Liaison and Business Licencing,
may require the imposition of conditions specific to the licence regarding
compliance by the applicant with any requirements of this by-law.
4.3
RECOMMENDATION - APPEALS COMMITTEE - REFUSE TO ISSUE, RENEW,
SUSPENSION, REVOCATION - NOTICE - HEARING REQUEST
(a)
Where the Coordinator, Community Liaison and Business Licencing intends to
recommend to the Appeals Committee to refuse to issue, to refuse to renew, to
revoke or to suspend a licence, he/she shall give notice of his/her intended
recommendation for refusal to the applicant or licence holder, together with the
reason for the intended recommendation, as well as to such other persons,
departments, boards, commissions, authorities or agencies who appear to have
an interest in the recommendation.
(b)
Within seven (7) days of mailing of the Coordinator, Community Liaison and
Business Licencing's notice in (a) above, the applicant or licence holder may
request a hearing before the Appeals Committee. Such request for a hearing
shall be in writing and must be received by the Coordinator, Community Liaison
and Business Licencing no later than ten (10) days after the Coordinator,
Community Liaison and Business Licencing mailed the notice to the applicant.
(c)
Any request for a hearing shall be accompanied by an appeal fee of $100.00.
4.4
REFUSAL - SUSPENSION - REVOCATION - NOTICE OF HEARING - CONTENT
Where the Coordinator, Community Liaison and Business Licencing receives a written
request for a hearing in compliance with Section 4.3(b), the Coordinator, Community
Liaison and Business Licencing shall schedule a hearing before the Appeals
Committee and shall provide notice of the hearing to the applicant or licence holder.
The notice of the hearing shall:
(a)
contain a reference to Sections 150 and/or 252 of the Municipal Act, 2001
under which the hearing will be held;
(b)
contain a reason or reasons for the proposed refusal, suspension or revocation;
(c)
specify the time, place and purpose of the hearing of the Appeals Committee at
which the proposed refusal, suspension or revocation will be considered;
(d)
inform the affected applicant or the affected holder of the licence that he/she is
entitled to attend the hearing and make submissions regarding the proposal
and that, in his/her absence, the Appeals Committee may proceed to consider
the proposal, and the applicant or affected holder of the licence will not be
entitled to any further notice in the proceedings;
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(e)
afford the affected applicant or the affected holder of the licence a reasonable
opportunity, before the hearing, to show or achieve compliance with all lawful
requirements for the retention of the licence, and
(f)
be given at least fifteen (15) days notice prior to the date of the Appeals
Committee hearing.
4.5
REFUSAL - SUSPENSION - REVOCATION - BY APPEALS COMMITTEE -
HEARING
At the hearing, the Appeals Committee may suspend, revoke or refuse to issue any
licence that may be issued under the provisions of any part of this by-law:
(a)
for any reason that would disentitle the holder to a licence if he/she were an
applicant;
(b)
where the holder of the licence or application is in breach of a condition of the
licence or of this by-law;
(c)
if a report is filed subsequent to the date of the issuance of the licence or by any
department or agency which provided its approval originally to the issuance of
the licence which indicates that a licenced premise no longer complies with any
of the provisions of this by-law;
(d)
upon such grounds as are set out in this by-law;
(e)
if the conduct of the applicant or licencee affords reasonable cause to believe
that the applicant or licencee will not carry on or engage in the business in
accordance with the law or with honesty and integrity;
(f)
if, in the case of a corporate applicant or licencee, the conduct of its officers,
directors, employees or agents affords reasonable cause to believe that the
business will not be engaged in or carried on in accordance with the law or with
honesty and integrity.
4.6
SUSPENSION - INTERIM - PENDING - DURING MEETING
Where there is a referral or request for a hearing to the Appeals Committee, the
Committee may, where the Committee considers it to be necessary in the public
interest, immediately suspend the licence for a period exceeding fifteen (15) days.
4.7
SUSPENSION - INTERIM - EXTENSION
The Appeals Committee may, at the meeting mentioned in Section 4.2 of this part of
this by-law, extend the interim suspension until the Committee disposes of the
proposed suspension or revocation.
4.8
SUSPENSION - INTERIM - NOTICE - CONTENT
The notice mentioned in Section 4.4 of this by-law shall inform the holder of the licence
of any interim suspension and of the authority of the Committee under Sections 4.6
and 4.7 of this by-law.
4.9
APPEALS COMMITTEE - PROCEEDINGS
At a hearing, the Appeals Committee:
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(a)
shall afford the affected applicant or the holder of the licence an opportunity, at
the hearing, of making submissions in respect of the matter that is the subject of
the Committee's proceedings;
(b)
shall afford any person, municipal department, board, commission, authority or
agency given notice under Section 4.4 of this by-law and in attendance at the
hearing, or any other person in the discretion of the Committee, an opportunity
to make submissions in respect of the matter that is the subject of the
Committee's proceedings;
(c)
may close a portion of the hearing to the affected applicant or licence holder
only for the purpose of receiving confidential legal advice;
(d)
may close all or a portion of the hearing to the public if the Committee is of the
opinion that intimate financial or personal matters may be disclosed of such a
nature, having regards to the circumstances, that the desirability of avoiding
disclosure thereof in the interests of any person affected or in the public
interest, outweighs the desirability of adhering to the principle that the hearing
be open to the public;
(e)
shall give due consideration to the submissions made to it;
(f)
shall take such action to refuse, suspend or revoke the application or licence, or
not to refuse, suspend or revoke the application or licence, as the Appeals
Committee considers proper in the circumstances;
(g)
shall give notice of its decision to the Coordinator, Community Liaison and
Business Licencing, to the applicant or to the licence holder, and to any person,
municipal department, board, commission, authority or agency in attendance at
the hearing, together with the reasons for its decision.
PART 5 - FEES
5.1
(a)
The sums of money set out in Schedule "LLS-A" of By-law No.40-09 as
amended or superseded from time to time, are hereby fixed as the licence fees and
shall be paid before the issue or renewal of any licence. Unless otherwise specified,
the fees shown are for the current calendar year and are due and payable by January
31st of the licence year.
(b)
A late payment charge shall be added to the licence fee for those renewal
applications received after January 31st in the current licence year in the amount
established in Schedule "LLS-A" of By-law No. 40-09 as amended or superseded
from time to time.
PART 6 - SCHEDULES
Schedules "1" to "13" are attached hereto and form part of this by-law.
PART 7 - OFFENCES
7.1
Every person, director or officer of a corporation who contravenes or concurs in the
contravention by the corporation (hereinafter referred to as "person"), of any provision
Page 11 of 69
of this by-law is guilty of an offence and is liable upon conviction and at the discretion
of the presiding Justice of the Peace or Judge of the Ontario Court (Provincial Division)
or other relevant Justice or Judge or Court, to a fine pursuant to the provisions of the
Provincial Offences Act, R.S.O. 1990, Chapter p.33, as amended.
PART 8 - PENALTIES
8.1
Every person who contravenes Sections 3.5, 3.10 (a), (b) and (c), 3.11, 3.14, 3.16, and
Sections 4.1 and 4.2 of Schedule "5" of this by-law is guilty of an offence and liable to
the set fines established under Schedule "A" annexed hereto and shown as Schedule
"12
8.2
Any person found to be in contravention of this by-law, shall be issued a notice of such
violation. Every such person may, within seventy-two hours of the time when such
notice was issued, pay at the Town of Fort Erie Municipal Offices a penalty for and in
full satisfaction of such violation as set out in Schedule "12" annexed hereto and
forming part of By-law No. 217-05. The failure of such person to pay the said sum as
set forth in Schedule "12" annexed hereto, subjects him or her to the penalties here
and before provided for the violation of the provisions of this by-law.
8.3
The court, in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may make an order prohibiting the continuation or repetition of
the offence by the person convicted, and such order shall be in addition to any other
penalty imposed on the person convicted.
8.4
In the event that any provision of this by-law is found to be invalid or unenforceable, all
other provisions of this by-law shall remain in force or effect.
8.5
The set fines described herein shall come into force and effect upon receipt of the
Judge's Order from the Ministry of the Attorney General.
PART 9 - ULTRA VIRES
9.1
(a)
It is hereby declared that notwithstanding that any part of this by-law, or parts
thereof, may be found by any Court of law to be invalid or beyond the power
of the Council to enact, such section or sections or parts thereof shall be
deemed to be severable and that all other sections or parts of this by-law are
separate and independent therefrom and enacted as such.
(b)
When any requirement of this by-law is at variance with any other by-law in
effect in the Town or with any applicable Provincial or Federal statute or
regulation, the more restrictive requirements shall apply unless otherwise
stated in such legislation.
Page 12 of 69
PART 10 - MODIFICATIONS OR CORRECTIONS
Pursuant to the provisions of Section 227 of the Municipal Act, 2001 the Town Clerk is hereby
authorized to effect any minor modifications or corrections of an administrative, numerical,
grammatical, semantical or descriptive nature or kind to the by-law and schedules as may be
necessary after the passage of this by-law.
PART 11 - REPEALED BY-LAWS
The following by-laws be and they are hereby repealed and any and all other applicable
by-laws inadvertently not mentioned herein: By-law Nos. 239-2002, 203-2001, 202-2001,
212-2000, 91-2000, 195-98, 154-98, 92-97, 220-95, 193-95, 194-95, 184-95, 232-92, 173-
92, 147-92, 38-92, 260-89, 206-88, 102-88, 16-87 and 133-71.
PART 12 - EFFECTIVE DATE OF BY-LAW
This by-law shall come into force and effect on the 1st day of January, 2006.
PART 13 - EXPIRY OF BY-LAW
B/L 70-10 - repealed this section
PART 14 - DELEGATION FOR ADULT ENTERTAINMENT ESTABLISHMENTS
The authority of The Corporation of the Town of Fort Erie to licence, regulate and govern
adult entertainment establishments pursuant to Section 151 of the Municipal Act, 2001, as
amended, is hereby delegated to The Regional Municipality of Niagara.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 12th DAY OF
DECEMBER, 2005.
___________________________________
MAYOR
____________________________________
CLERK
I, the Clerk, of The Corporation of the Town of Fort Erie hereby certifies the foregoing to be a true certified
copy of By-law No. 217-05 of the said Town. Given under my hand and the seal of the said Corporation
this day of , 20 .
______________________________________________________
Page 13 of 69
Page 1 of 2
THE CORPORATION OF THE TOWN OF FORT ERIE
SCHEDULE "1" - By-law No. 217-05
NEW BUSINESS
_______________________________________________________________________
1.
DEFINITIONS
In this Part:
(a)
"New Business" means any person including a corporation, partnership,
agent or trustee who offers goods, wares, merchandise or services for sale or
hire on a permanent basis in any manner in a properly zoned location in the
Town other than a residential zone, either directly or by way of sample or
catalogue for delivery later;
(b)
"Services' means services,
(i)
provided in respect of goods or other real property, or
(ii)
provided for social, recreational or self-improvement purposes, or
(iii)
that are in their nature instructional or educational.
2.
PURPOSE OF BY-LAW
The purpose of the licencing of New Businesses relates to matters of Health and
Safety, Nuisance Control and Consumer Protection.
3.
LICENCE FEE
The annual licencing fee shall be as established in Schedule "LLS-A" of By-law No.
40-09 as amended or superseded from time to time.
4.
CONDITIONS
4.1
Upon receipt of the application and fee, the Coordinator, Community Liaison
and Business Licencing or designate shall circulate the application to the
following departments for approval:
(a)
Planning Department to ensure compliance with the Official Plan and
Zoning By-law for the proposed use at the location stated on the
application;
Page 14 of 69
Page 2 of 2
SCHEDULE "1" - NEW BUSINESS
________________________________________________________________________
(b)
Building Department for compliance with the Building Code and
Property Standards By-law;
(c)
Fire Department for compliance with the Fire Code.
4.2
The provisions of this by-law shall not apply to:
(a)
Any manufacturing activity or an industry, except to the extent that it
sells its products or raw materials by retail;
(b)
The selling of goods by wholesale;
(c)
The generation, exploitation, extraction, harvesting, processing,
renewal or transportation of natural resources;
(d)
The carrying on of a business as a home occupation in compliance
with the Zoning By-law of the Town;
(e)
The carrying on of a home occupation trade as provided for under the
provisions of the Zoning By-law of the Town.
Page 15 of 69
Page 1 of 3
THE CORPORATION OF THE TOWN OF FORT ERIE
SCHEDULE "2" - By-law No. 217-05
AMUSEMENT ARCADES
________________________________________________________________________
1.
DEFINITIONS
In this Part:
(a)
"Amusement Machine" means any mechanical, electronic or computerized
machine, or device, or any combination thereof intended for use as a game,
entertainment or amusement and shall include:
(i)
pinball machines, television games, shooting galleries or other similar
devices, but shall not include, billiards, games of chance as defined by
the Criminal Code, or any machine used only for the purpose of
vending merchandise, or services or playing recorded music;
(b)
"Amusement Arcade" means any premises, part thereof, or separate part of a
premises, in which are located three or more amusement machines but does
not include any premises, part thereof or separate part thereof that is
licenced under the Liquor Licence Act;
(c)
"Amusement Park" means a facility, open to the public, used in connection
with a carnival, fair, shopping centre, resort, park or place of entertainment
where amusement devices are provided.
2.
PURPOSE OF BY-LAW
The purpose of the licencing of Amusement Arcades relates to matters of Health
and Safety and Nuisance Control.
3.
LICENCE FEE
The annual licencing fee shall be as established in Schedule "LLS-A" of By-law
No. 40-09, as amended or superseded from time to time.
4.
CONDITIONS
4.1
The Applicant shall include the number of amusement machines proposed to
be installed or provided in the place in respect of which the application is
made;
Page 16 of 69
Page 2 of 3
SCHEDULE "2" - AMUSEMENT ARCADES
________________________________________________________________________
4.2
The Coordinator, Community Liaison and Business Licencing shall forward a
copy of such application to the Fire Inspector, the Niagara Regional Health
Unit, the Niagara Regional Police Department, and the Building Department
and the Planning Department (for new applications only) and may forward a
copy of such application to any other Department of the Town which may be
affected, for approval.
4.3
Every holder of a licence shall ensure that:
(a)
There is an employee who is at least eighteen (18) years of age on the
licenced premises at all times when amusement machines are
available for play, who will be responsible for supervising, overseeing
and maintaining orderly conduct within the building or part thereof
which contains the amusement machines;
(b)
The amusement arcade remains closed except during the following
times:
Monday to and including Thursday, from 10:00 a.m. to 11:00 p.m.
Friday, from 10:00 a.m. to 12:00 midnight
Saturday, from 10:00 a.m. to 12:00 midnight, and
Sunday, from 12:00 noon to 11:00 p.m.;
(c)
No person under the age of 16 years plays any amusement machine
between the hours of 9:00 a.m. and 4:00 p.m. on any regular school
day;
(d)
No person under the age of 16 years plays any amusement machine,
unless accompanied by a parent or guardian after 9:00 p.m. on any
business day;
(e)
The amusement arcade shall be kept in a clean and sanitary condition
at all times, and provide a minimum of two waste receptacles which
shall be cleared at least once a day;
(f)
All amusement machines are within the premises;
(g)
No external sound system broadcasting music or any other sound is
used or permitted to be used;
(h)
No internal sound system broadcasting music or any other sound is used or
permitted to be used so as to be heard from outside the premises, by
members of the public;
Page 17 of 69
Page 3 of 3
SCHEDULE "2" - AMUSEMENT ARCADES
_______________________________________________________________________
(i)
No person loiters, creates a disturbance or causes undue noise while on the
premises;
(j)
No glass or transparent surface of any door or window is obstructed in such a
way as to prevent a person from the exterior from looking into the premises,
without actually having to enter upon the premises;
(k)
Only amusement machines which have been approved by Ontario Hydro or
Canadian Standards Association (C.S.A.) and which display the prescribed
approval sticker are available for the public to use within the licenced
premises;
(l)
There are bicycle racks provided on site and that at no time shall bicycles
used by patrons of the amusement arcade be left on the street or sidewalk;
(m)
The owner shall not contravene any existing by-law of the Town;
(n)
No person shall operate any amusement arcade in areas other than those
permitted by the provisions of the applicable Zoning By-law for the Town;
(o)
All licenced premises shall comply with the applicable Zoning By-law of the
Town and any conflict between this by-law and the applicable Zoning By-law
shall be resolved by allowing the Zoning By-law to prevail.
Page 18 of 69
Page 1 of 3
THE CORPORATION OF THE TOWN OF FORT ERIE
SCHEDULE "3" - By-law No. 217-05
AUCTIONEER
________________________________________________________________________
1.
DEFINITIONS
In this Part:
(a)
"Auction" means the sale of or putting up for sale to the public goods, wares,
merchandise, effects or the like which are intended to be sold or are sold to
the highest bidder;
(b)
"Auctioneer" shall mean any person selling or putting up for sale goods,
wares, merchandise or effects by public auction and shall be deemed an
Auctioneer within the meaning of this Schedule;
(c)
"Beater" or "Booster or Shills" means a person working in concert with an
Auctioneer for the purpose of increasing the sale price of an item being
auctioned by establishing a first bid on the item or bidding higher than a bid
already established on the item;
(d)
"Ledger" means a record maintained in the English language containing the
name and address of every person depositing goods with the Auctioneer to
be sold, a full description of such goods, the reserved bid, if any, on such
goods, the name and address of the purchaser of such auctioned goods, or
any part thereof;
(e)
"Mock Auction" means the auctioning of goods wherein the Auctioneer leads
persons in attendance to believe that a bid has been made by a potential
purchaser on an item being auctioned when in fact such a bid has not been
made; and
(f)
"Reserved Bid" means the minimum sale price of an item to be auctioned as
recorded in the Auctioneer's ledger as established by the person depositing
the item with the Auctioneer to be sold.
2.
PURPOSE OF BY-LAW
The purpose for requiring an Auctioneer's Licence and for the conditions set out in
this Schedule is related to matters of Consumer Protection.
Page 19 of 69
Page 2 of 3
SCHEDULE "3" - AUCTIONEER
________________________________________________________________________
3.
LICENCE REQUIRED
(a)
A separate Licence shall be required for each Auctioneer;
(a)
No person shall operate an Auction unless the Auctioneer is licenced under
this by-law.
4.
LICENCE FEE
The annual licencing fee shall be as established in Schedule "LLS-A" of By-law No.
40-09 as amended or superseded from time to time.
5.
CONDITIONS
5.1
Every Auctioneer licenced under this by-law shall:
(a)
Keep and maintain a clearly legible, up-to-date Ledger at all times;
(b)
Ensure that every Ledger required pursuant to this Schedule shall be
provided for inspection upon demand by the Coordinator, Community
Liaison and Business Licencing or an Officer;
(c)
Keep and maintain in good condition each Ledger for a minimum of
twelve (12) months after the date of the last Ledger entry;
(d)
Shall ensure that his/her licence is displayed in a conspicuous place
clearly visible to the public at the site of each Auction at all times.
5.2
No Auctioneer shall:
(a)
Conduct a Mock Auction or knowingly or willfully make, or permit to be
made, any misrepresentation as to the quality or value of any item
being auctioned;
(b)
Sell or put up for sale by auction any item on which a Reserved Bid
has been established without first advising those persons in
attendance that there is a Reserved Bid on the item;
(c)
Permit any disorder in his or her auction room or offices;
Page 20 of 69
Page 3 of 3
SCHEDULE "3" - AUCTIONEER
________________________________________________________________________
(d)
Knowingly make or permit to be made any misrepresentation as to the
nature, content, quantity or value of any goods, wares, merchandise or
effects which may be offered for sale by him or her;
(e)
Give away articles or sell them for nominal amounts for the purpose of
stimulating bidding;
(f)
Do any act that is calculated to or which may reasonably have the
effect of confusing a purchaser as to the amount he or she pays for
any article(s);
(g)
Avail himself or herself of the services of, or act in concert with,
persons known in the trade as "beaters", "boosters" or "shills" for the
purpose of raising or stimulating bids;
(h)
Shall conduct a sale on Town highways or on Town property without
the written permission of the Director of Infrastructure Services of the
Town or designate.
6.
EXEMPTIONS
Sections 2 and 3 of this Schedule shall not apply to:
(a)
A person conducting an auction from which the proceeds derived are used
for a charitable or not-for-profit organization, as defined in Section 1 of this
by-law, upon proof satisfactory to the Coordinator, Community Liaison and
Business Licencing of such status; or
(b)
A sheriff, bailiff or other statutory authority acting in pursuance of a court
order or pursuant to any legislative authority.
Page 21 of 69
Page 1 of 3
THE CORPORATION OF THE TOWN OF FORT ERIE
SCHEDULE "4" - By-law No. 217-05
BED AND BREAKFAST ESTABLISHMENTS
________________________________________________________________________
1.
DEFINITIONS
In this Part:
(a)
"Bed and Breakfast" means a single detached dwelling or portion thereof
where persons are harboured, received or lodged for hire for a single night or
for less than one week at one time by the owner of the dwelling or head
lessee but does not include any type of institutional dwelling, hotel, motel or a
tourist establishment;
(b)
"Dwelling" means the home or part of the home of the owner or head lessee
of a bed and breakfast establishment.
2.
PURPOSE OF BY-LAW
The purpose of the licencing of Bed and Breakfast Establishment relates to matters
of Health and Safety and Consumer Protection.
3.
LICENCE FEE
(a)
The bi-annual non-refundable licence fee shall be as established in Schedule
"LLS-A" of By-law No. 40-09 as amended or superseded from time to time and
such licence shall expire on the 31st day of December in the following year in
which the licence was issued.
4.
CONDITIONS
4.1
Every person prior to operating a bed and breakfast, shall make application
to the Coordinator, Community Liaison and Business Licencing for a bed and
breakfast licence, which shall include:
(a)
A description of the dwelling with the bed and breakfast rooms to be
identified therein by name, number and physical description;
(b)
The non-refundable licence fee;
Page 22 of 69
Page 2 of 3
SCHEDULE "4" - BED AND BREAKFAST ESTABLISHMENTS
________________________________________________________________________
(c)
Letters of compliance pursuant to Section (4.2) herein.
4.2
(a)
Prior to filing the application and fee for a new licence, the applicant
shall obtain letters of compliance from the Building Inspector, Fire
Inspector and Planner of the Town as well as the Medical Officer of
Health and Ontario hydro Inspector respecting the applicable
legislation and by-laws thereto;
(b)
For renewal applications, the applicant shall obtain letters of
compliance from the Building Inspector, Fire Inspector and Medical
Officer of Health.
4.3
Every person applying for a bed and breakfast licence shall comply with the
following requirements:
(a)
Pursuant to the Zoning By-law of the Town all bed and breakfasts
shall be located in a single detached dwelling;
(b)
No person shall use a dwelling solely for the purpose of a bed and
breakfast;
(c)
Every licencee of a bed and breakfast shall ensure that it is the
principal residence occupied on a full-time basis by:
(i)
the owner of the dwelling;
(ii)
the lessee of the dwelling who has a minimum one year
lease; or
(iii)
a member of the family of the person described in (i) or (ii);
(d)
Every licencee of a bed and breakfast shall allow the municipality at
any reasonable time to inspect places or premises used in the carrying
on of the business.
4.4
No more than three (3) bedrooms shall be available for hire in any bed and
breakfast occupying no more than eight (8) guests in total.
4.5
A minimum of one (1) parking space per guest room must be provided on the
same lot, in addition to the parking space required for the dwelling, but
required onsite parking spaces may be provided in tandem.
4.6
Every operator of a bed and breakfast shall provide one (1) washroom
containing at least one (1) toilet, one (1) washbasin and one (1) tub or
shower for the exclusive use of the lodgers and such facility shall be located
on the same floor as the majority of the rooms available for hire.
Page 23 of 69
Page 3 of 3
SCHEDULE "4" - BED AND BREAKFAST ESTABLISHMENTS
________________________________________________________________________
An adequate supply of clean towels and hot and cold running water shall be
provided free of charge.
4.7
In addition to compliance with the relevant provincial and municipal
regulations every licencee of a bed and breakfast shall ensure that the
dwelling is operated in accordance with the following provisions:
(a)
Breakfast may be provided by the licensee of the bed and breakfast
but no other meals may be provided. In addition, there shall be no
cooking in the guest rooms;
(b)
Rates for the guest rooms shall be set forth on a card which shall
indicate the room is licenced by the Town. Such notice shall be
posted on the back of the door of each licensed room or in a
conspicuous place within the room;
(c)
Each bed shall have its linens changed after each guest has
completed his/her stay or once every two (2) days, whichever is lesser;
(d)
Only one (1) sign having a maximum area of 0.3 square metres shall be
permitted on the property to advertise the bed and breakfast. The sign
shall not be located within a daylighting triangle and shall not be closer
than one (1) metre to a property line;
(e)
Alterations to the outside of the dwelling shall be undertaken in
compliance
with
the
Zoning
By-law
and
other
applicable
codes/regulations of the municipality;
(f)
Every licencee shall maintain a daily record of the guests lodging at
the bed and breakfast including arrival date, departure date, room
number, name, address, telephone and vehicle licence plate number
of the guest;
(g)
Every licencee who has a swimming pool within the limits of the
property, shall not make the swimming pool available to guests unless
approval has been granted by the Health Department, in writing;
(h)
Pursuant to the provisions of the Municipal Freedom of Information
and Protection of Privacy Act the licencee shall furnish to the police
the guest register upon request therefore.
Page 24 of 69
Page 1 of 2
THE CORPORATION OF THE TOWN OF FORT ERIE
SCHEDULE "5" - By-law No. 217-05
BILL DISTRIBUTORS
_______________________________________________________________________
1.
DEFINITIONS
In this Part:
a)
"Bill" includes unsolicited, gratuitous pamphlets, circulars, newspapers, advertising
papers and other forms of printed material;
b)
"Bill Distributors" includes any person who delivers unsolicited, gratuitous
pamphlets, circulars, newspapers, advertising papers or other forms of printed material to
any place or from door to door within the limits of the Town of Fort Erie;
c)
"Rural Properties" means properties that are located outside of the Regional
Municipality of Niagara Urban Area Boundary.
2.
PURPOSE OF BY-LAW
The purpose of the licencing of Bill Distributors relates to matters of Nuisance Control.
3.
LICENCE FEE
The annual licencing fee shall be as established in Schedule "CS-A" of By-law No. 40-09
as amended or superseded from time to time.
4.
CONDITIONS
4.1
Except on rural properties, a Bill may only be placed in a mail box or between the
inside and outside doors of a building, or in the case where there are no mailboxes
or (open) screen doors, a Bill may be placed on a porch or hung from a door
handle.
4.2
No person shall place a Bill or Bills in or on any motor vehicles.
Page 25 of 69
Page 2 of 2
SCHEDULE "5" - BILL DISTRIBUTORS
________________________________________________________________________
4.3
No licence shall be required by a person who works only as an employee or
subcontractor of the person licenced.
4.4
No person distributing bills shall distribute any material that is indecent or tends to
corrupt morals.
Page 26 of 69
THE CORPORATION OF THE
TOWN OF FORT ERIE
SCHEDULE "6" - By-law No. 217-05
HAWKERS AND PEDLARS
________________________________________________________________________
1.
DEFINITIONS
In this Part:
(a)
"Community Event" means a community event with the proceeds to be
donated to a bonafide local charitable or not-for-profit organization;
(b)
"Hawker" or "Pedlar" includes:
(i)
any person who goes from place to place, or to a particular place, with
goods, wares or merchandise for sale, or who carries and displays
samples, patterns or specimens of any goods, wares or merchandise
for which orders are taken and that are to be delivered in the Town
afterwards, and
(ii)
any retailer which has an employee or agent who goes from place to
place or to a particular place with goods, wares or merchandise for
sale, or who carries and displays samples, patterns or specimens of
any goods, wares or merchandise for which orders are taken and that
are to be delivered in the Town afterwards;
(c)
"Local retailer" shall mean any individual or business which provides for the
selling or offering for sale of goods or services at a building or structure
located within the Town of Fort Erie which is subject to property tax in the
Town.
2.
PURPOSE OF BY-LAW
The purpose of the licensing of Hawkers and Pedlars relates to matters of Health
and Safety, and Consumer Protection and Nuisance Control.
3.
LICENCE FEE
The annual licensing fee shall be as established in Schedule "LLS-A" of By-law
No. 40-09 as amended or superseded from time to time.
Page 27 of 69
Page 2 of 5
SCHEDULE "6" - HAWKERS AND PEDLARS
________________________________________________________________________
4.
CONDITIONS
4.1
The following classes of "Hawker" or "Pedlar" are hereby established:
Class 1 - "Door to Door Sales" and "Sales Person"
(a)
Shall include any business, person or organization that has sales
conducted on his/her or its behalf by door to door solicitation.
(b)
Shall include any person involved with the sale of goods on a door to
door basis including sales persons or agents and any person
supervising or managing the sale or sales persons.
Class 2 - "Temporary Sales"
(a)
Shall include temporary sales or businesses for a period of up to three
(3) months in any one year from one specific location where the use is
permitted under the Zoning By-law and may include the use of a
temporary structure where the use is permitted in the Zoning By-law.
(b)
Shall include the sale of fireworks for a one to seven day period from
one specific location where the use is permitted under the Zoning By-
law and may include the use of a temporary structure or a vacant
commercial lot where the use is permitted in the Zoning By-law. Such
applicant shall comply with any Fireworks By-law of the Town.
Class 3 - "Multi-Vendor Sales"
The operator is required to obtain one licence to cover all vendors at the
following events:
(a)
Antique/Collectible Show: Shall include the exhibiting or offering for
sale, on a temporary basis, at one location, antique or collectible
goods, wares or merchandise.
(b)
Craft Show: Shall include the exhibiting or offering for sale, on a
temporary basis, at one location by craftspeople, goods, wares or
merchandise which they themselves have produced.
(c)
Trade Show: Shall include the exhibiting or offering for sale, on a
temporary basis, at one location by several manufacturers or
distributors, goods, wares or merchandise which they themselves have
produced or manufactured or are distributing on behalf of the producer
or manufacturer; but, excludes a consumer show open to the public or
Page 28 of 69
Page 3 of 5
SCHEDULE "6" - HAWKERS AND PEDLARS
________________________________________________________________________
a trade show open by invitation or registration only, the primary
purpose of which is the display of goods and products and not the
direct sale of them, and also excludes a consumer show or trade show
operating as an integral part of a convention or conference.
(d)
Farmers' Market: Shall include the exhibiting or offering for sale, on a
temporary basis, at one location, produce, baked goods and other
goods, wares or merchandise. The operator shall provide proof of
permission to operate from the property owner, obtain zoning
clearance and ensure that all relevant inspections and approvals have
been obtained including fire and health.
Class 4 - General
Shall include any "hawker" or "pedlar" excluding Classes 1 to 3 as defined in
Section 4.
4.2
Operation without valid licence - prohibited
No person shall, in the Town:
(a)
Carry on the business of hawker or pedlar; or
(b)
Be engaged in services to the public in connection with the business of
a hawker or pedlar; or
(c)
Operate a multi-vendor sales event or operate a place where others
may offer for sale and sell goods, wares or merchandise to the public
contrary to this part of this by-law;
without holding a current valid licence for such business issued under the
provisions of this By-law and Schedule.
4.3
Licence - of employee - transferable
Notwithstanding Part 3 of this by-law, the licence of an employee of a hawker
or pedlar requiring their own licence shall be transferable to another
employee upon the return of the original licence issued by the Town and
upon the completion of an application form by the new employee.
4.4
Exemption - from licence - other circumstances
Notwithstanding Section 4.2 of this Schedule, no Hawkers and Pedlars
Licence or fee shall be required for hawking, peddling or selling goods, wares
or merchandise:
Page 29 of 69
Page 4 of 5
SCHEDULE "6" - HAWKERS AND PEDLARS
________________________________________________________________________
(a)
For wholesale or retail dealers in similar goods, wares or merchandise;
or
(b)
If the goods, wares or merchandise are hawked, peddled or sold by an
agent of the grower, producer or manufacturer, acting on behalf of a
dealer who pays property tax in the Town in respect of premises used
for the sale of such goods, wares or merchandise; or
(c)
For local farmers who are carrying out "temporary sales" if the produce
they are selling is being sold from their own property and has been
grown and harvested by them; or
(d)
If the goods, wares or merchandise are hawked, peddled or sold at a
community event or by a bonafide charitable or not-for-profit
organization for fundraising purposes or events operated and
managed by a Business Improvement Area Board of Management.
However, the applicant shall obtain all relevant inspections and
approvals including fire and health. A licence shall be issued and
posted by the said organization for the sale of fireworks; or
(e)
If the goods, wares or merchandise are hawked, peddled or sold at a
Farmers' Market operated and managed by a Business Improvement
Area Board of Management. However, the applicant shall obtain all
relevant inspections and approvals including fire and health; or
(f)
If the local licenced retailer is operating at an alternate temporary
location provided that the goods, wares or merchandise offered for
sale at the temporary location are the same goods, wares or
merchandise offered for sale continuously when the local retailer is
open for business at their permanent location for at least three (3)
months prior to their application for the hawkers and pedlars licence.
4.5 Public parks and beaches
No person licenced, or required to be licenced, as a "hawker" or "pedlar" shall
carry on the business of a hawker or pedlar in any public park or Town-
owned beach park in the Town except as follows;
(a)
At the discretion of the Coordinator, Community Liaison and Business
Licencing and the Director, Infrastructure Services or designate, a
hawkers and pedlars licence may be issued for the selling of goods,
wares or merchandise in any public park.
(b)
At the discretion of the Coordinator, Community Liaison and Business
Licencing and the Director, Infrastructure Services or designate, a
hawkers and pedlars licence may be issued for the selling of goods,
wares or merchandise on Bay Beach to a maximum of four (4) licenses
issued on a first come, first served basis, subject to any reasonable
requirements imposed thereon including the variety of items, safety and
accommodation.
Page 30 of 69
Page 5 of 5
SCHEDULE "6" - HAWKERS AND PEDLARS
________________________________________________________________________
4.6
Restricted Licenses
Licenses for the selling of goods, wares or merchandise by hawkers and
pedlars shall be restricted to two (2) licenses for commercial properties.
These licenses shall be on a first come, first served basis, renewable
annually.
Page 31 of 69
Page 1 of 1
THE CORPORATION OF THE TOWN OF FORT ERIE
SCHEDULE "7" - By-law No. 217-05
PAWN BROKERS
________________________________________________________________________
1.
DEFINITIONS
In this Part:
"Pawnbroker", "Pawner", "Pledge" and "Shop" have the same meaning as those set
out in the Pawnbrokers Act, R.S.O. 1990, Chapter P.6 as amended from time to
time.
2.
PURPOSE OF BY-LAW
The purpose of the licencing of Pawn Brokers relates to matters of Consumer
Protection.
3.
LICENCE FEE
The annual licencing fee shall be as established in Schedule "LLS-A" of By-law No.
40-09 as amended or superseded from time to time.
4.
CONDITIONS
4.1
That no licence or renewal shall be issued hereunder unless the applicant
first deposits with the Treasurer of the Town security to the satisfaction of the
Treasurer in the sum of $2,000 for the due observance by the pawnbroker of
the Pawnbrokers Act.
4.2
That every pawnbroker operating in the Town of Fort Erie shall be governed
by the Pawnbrokers Act, R.S.O. 1990, Chapter P.6 as amended from time to
time.
Page 32 of 69
Page 1 of 5
THE CORPORATION
OF THE TOWN OF FORT ERIE
SCHEDULE "8" - By-law No. 217-05
REFRESHMENT VEHICLES, CYCLES AND CARTS
________________________________________________________________
1.
DEFINITIONS
In this Part:
(a)
"Refreshment Vehicle" means a motorized vehicle which has equipment
inside the vehicle for preparing food and requires the operator to be inside
the vehicle to prepare the food for consumption by the public.
(b)
"Refreshment Cart" means a wheeled, pedaled or transported non-motorized
refreshment vehicle other than a refreshment cycle.
(c)
"Refreshment Cycle" means a non-motorized bicycle or tricycle from which
ice cream, frozen desserts or other frozen confections are sold.
2.
PURPOSE OF BY-LAW
The purpose of the licencing of refreshment vehicles, cycles and carts relates to
matters of Health and Safety, Consumer Protection and Nuisance Control.
3.
LICENCE FEE
The annual licencing fee shall be as established in Schedule "LLS-A" of By-law No.
40-09 as amended or superseded from time to time.
4.
CONDITIONS
4.1
Every applicant for a licence shall file an application with the Town including
the following:
(a)
Approval of the Medical Officer of Health or designate;
(c)
Approval of the Fire Inspector or designate, if required
Page 33 of 69
Page 2 of 5
SCHEDULE "8" - REFRESHMENT VEHICLES, CYCLES AND CARTS
________________________________________________________________________
(d)
Compliance Certificate under The Ontario Propane Code, if required;
(e)
The intended location(s) for the operation of a refreshment vehicle or
refreshment cart;
(f)
A site plan setting out the proposed location of the refreshment vehicle
or refreshment cart on the highway under the control of the Town or
the location(s) that the operator intends to sell from;
(g)
Upon approval by the Town these locations shall not be available to
any other applicant until such time as the current licencee fails to
renew the licence for the following year or such licence is suspended
or revoked by the Appeals Committee.
4.2
Operators may be licenced to operate a refreshment vehicle, refreshment
cart or refreshment cycle on any commercially zoned property in the Town as
provided for under the Zoning By-law as amended, save and except vacant
commercial properties, subject to the following:
(a)
Such vehicle shall be located on surplus parking space on a semi-
permanent basis;
(b)
Compliance with Section (4.1) herein;
(c)
The provision of a letter of consent from the owner of the subject
property;
(d)
Any application to locate a vehicle on the lands occupied by a gas
station shall provide that the vehicle will be located at least fifty (50)
feet (15.24 metres) from the gas pumps;
(e)
The provision of a site plan drawing showing the proposed location of
the vehicle on lands delineated as surplus parking space and its
relationship to the highways bounded by the said lands;
(f)
The licence shall continue on an annual basis subject to compliance
with the provisions of this by-law.
4.3
Except for commercial and residential properties, refreshment carts may go
from place to place to sell refreshments and may only stop for the period of
time of sale.
Page 34 of 69
Page 3 of 5
SCHEDULE "8" - REFRESHMENT VEHICLES, CYCLES AND CARTS
________________________________________________________________________
4.4
Any person applying for a new refreshment vehicle, refreshment cart or
refreshment cycle licence shall supply the following information with the
application:
(a)
A list of the types of refreshments to be sold specifying whether the
items include ice cream, frozen desserts or other frozen confections;
(b)
Particulars of the type of vehicle including the serial number and in the
case of a motorized refreshment vehicle, a valid and current safety
standard certificate as issued by the Ministry of Transportation for the
vehicle;
(c)
Name and address of business under which the refreshment vehicle,
refreshment cart or refreshment cycle will operate;
(d)
Photograph of vehicle/cart.
4.5
(a)
Every refreshment vehicle, refreshment cart and refreshment cycle
shall be equipped and maintained with a clean compartment for the
storage of food and in the case of an ice cream vehicle the
compartment shall be refrigerated.
(b)
Every refreshment vehicle, refreshment cart and refreshment cycle
shall be equipped with a suitable refuse container.
4.6
Any person operating a refreshment vehicle, refreshment cart and
refreshment cycle for the sole purpose of selling ice cream shall additionally
be equipped and maintained as follows:
(a)
With the warning "WATCH FOR CHILDREN" in readily legible black
letters at least six inches (6") (15.24 cm) high on a yellow background,
conspicuously displaced on the rear of the vehicle;
(b)
With a minimum of two (2) amber lights on top so placed as to be
readily visible by a person five (5) feet (1.52 metres) in height standing
four (4) feet (1.22 metres) in front of or behind the vehicle and
equipped with a device to keep the lights flashing while the vehicle is
stopped for the sale of refreshments and that the vehicle's rear
bumper shall have an angled cover on top designated and placed so
as to prevent a child from standing or sitting on top.
4.1
Every refreshment vehicle and refreshment cart, not including refreshment
cycles shall be a minimum of 45.72 metres (150 feet) away from the nearest
Page 35 of 69
Page 4 of 5
SCHEDULE "8" - REFRESHMENT VEHICLES, CYCLES AND CARTS
__________________________________________________________________
restaurant unless written permission has been granted by the property owner
and the operator of such establishment consents to a distance of less than
45.72 metres (150 feet). Such consent shall be provided annually upon
renewal of the licence. Such distance shall be measured from the location of
the vehicle to the nearest exterior wall of the restaurant or the restaurant
portion of the building having multiple occupancy.
4.8
Any person being the owner or operator of a licenced eating establishment
and being licenced under this by-law for being a refreshment vehicle may
operate the refreshment vehicle on the premises of the eating establishment
without having to comply with being a certain distance from an eating
establishment.
4.9
Upon receipt of an application for a refreshment vehicle or refreshment cart,
the Coordinator, Community Liaison and Business Licencing, Director,
Infrastructure Services or designate and the Director, Planning and
Development Services or designate of the Town shall ensure the proposed
location of such vehicle does not create a traffic hazard, does not impede the
flow of traffic or jeopardize the safety of pedestrians, customers or passing
motor vehicles.
4.10 This schedule does not apply to a farmer, market gardener or other persons
selling or delivering goods to any place of business or residence upon such
highways or part thereof.
4.11 Any person licenced under this by-law who fails to comply with the Highway
Traffic Act, R.S.O. 1990 Chapter H.8 or regulations under the Act while
operating a refreshment vehicle shall be grounds for the Council to consider
suspension or the revocation of or the addition of conditions to the licence.
4.12 The operator shall ensure the area of sale is kept clean and tidy at all times
and the garbage receptacle disposed of its contents.
4.13 The operator shall keep the refreshment vehicle, cart and cycle in good
condition at all times.
4.14 (a)
No application shall be considered for any municipal park that
operates a refreshment canteen or for any municipal property that is bound
by a lease or agreement for the provision of refreshments and/or food
therein.
(b)
Any other park location requires the approval of the Director,
Infrastructure Services or designate of the Town prior to consideration of the
application for approval.
Page 36 of 69
Page 5 of 5
SCHEDULE "8" - REFRESHMENT VEHICLES, CYCLES AND CARTS
__________________________________________________________________
4.15 Liability insurance in the amount of Two Million ($2,000,000) Dollars naming
the Town of Fort Erie as additional insured shall be provided to the Town
prior to the issuance of the licence.
Page 37 of 69
Page 1 of 5
THE CORPORATION OF THE TOWN OF FORT ERIE
SCHEDULE "9" - By-law No. 217-05
RESIDENTIAL EMERGENCY HOSTEL
________________________________________________________________________
1.
DEFINITIONS
In this Part:
(a)
"Exit" includes an exterior passageway, an exterior ramp, an enclosed interior
stairway and an exterior stairway.
(b)
"Hostel" means "Residential Emergency Hostel" sponsored or supervised by
a public authority or non-profit agency for the purpose of providing temporary
accommodation for persons requiring immediate shelter and assistance for a
short period of time not to exceed one hundred twenty (120) days.
(c)
"Inspector" means:
(i)
a Building Inspector of the Town;
(ii)
the Fire Inspector of the Town;
(iii)
an Inspector of the Health Services Department of the Regional
Municipality of Niagara;
(iv)
an authorized representative of Canadian Niagara Power Company.
(d)
"Medical Officer of Health" means the Medical Officer of Health of the
Regional Municipality of Niagara.
(e)
"Resident" means a person, other than an operator or employee, who resides
in the Hostel and to whom, for a fee, the operator offers residential
accommodation.
2.
LICENCES
2.1
No licence shall be issued until the Applicant has obtained the following
notices of compliance and they have been filed with the prescribed
application form and delivered to the Coordinator, Community Liaison and
Business Licencing:
Page 38 of 69
Page 2 of 5
SCHEDULE "9" - RESIDENTIAL EMERGENCY HOSTEL
________________________________________________________________________
(i)
Property Standards By-law
(ii)
Zoning By-law
(iii)
The Ontario Electrical Safety Code - shall be conducted every three (3)
years
(iv)
Ontario Fire Code
(v)
Building Code
(vi)
Plumbing Code
(vii)
Health Protection & Promotion Act
(viii)
Fire Protection and Prevention Act
(ix)
Extraneous Flow by-law
(x)
Smoke-Free Ontario Act
2.2
The operator shall post (and keep posted) in a conspicuous place in the main
hall of the Hostel:
(a)
the Licence, and
(b)
a notice giving the operator's name, address and telephone number,
and the name, address and telephone number of the employee who is
in charge of the Hostel if that person is other than the operator.
3.
LICENCE FEE
The annual licencing fee shall be as established in Schedule "LLS-A" of By-law
No. 40-09, as amended or superseded from time to time.
4.
FIRE REGULATIONS
4.1
In addition to the requirements contained in Section 2.2, the operator of a
Hostel shall ensure that:
(a)
all fire hazards are eliminated;
(b)
fire extinguisher, hose and standpipe equipment are inspected at least
once a month;
(c)
the heating equipment and chimneys are inspected at least once every
12 months between June and September to ensure that they are safe
and in good repair;
(d)
a written record is kept of inspections and tests of the fire equipment,
the fire alarm system, the heating and chimneys;
(e)
the staff and so far as possible, the residents, know the method of
sounding the fire alarm;
(f)
the staff is trained in the proper use of the fire extinguishing
equipment;
(g)
a procedure is established to be followed when a fire alarm is given,
including the duties of the staff and residents;
Page 39 of 69
Page 3 of 5
SCHEDULE "9" - RESIDENTIAL EMERGENCY HOSTEL
________________________________________________________________________
(h)
the staff and residents are instructed in the procedure established
under clause (g) and that the procedure is posted in conspicuous
places in the house;
(i)
all halls, stairways and means of entrance or egress are kept free from
obstruction at all times, and;
(j)
all flammable materials and supplies are properly stored.
5.
COMPLIANCE WITH BY-LAW
5.1
The licence issued under the authority of this by-law is conditional upon the
compliance and continued operation of the Hostel in accordance with all the
provisions of this by-law and may be revoked at any time for failure to comply
herewith.
6.
KITCHENS
6.1
The kitchen shall comply with O.Reg. 562/90 Food and Premises Regulations
under The Health Protection and Promotion Act as amended, regardless of
the number of residents.
6.2
All plans of construction, alterations and/or additions to the kitchen and food
storage areas must be approved first by the Medical Officer of Health.
7.
WASHROOMS
7.1
No toilet room or bathroom shall be within or open directly into any dining
room, kitchen, pantry, food preparation room or storage room.
7.2
No toilet shall be located within a bedroom.
7.3
Toilet facilities shall be provided in accordance with the requirements of the
Medical Officer of Health.
7.4
Bathrooms, toilets and shower rooms shall be provided with doors and shall
not have locks unless they are of a type that can be readily released from the
outside in an emergency.
7.5
One bathroom, toilet and shower room shall be of a type that is suitable for
use by persons confined to wheelchairs, where such persons are a resident.
7.6
Wherever possible, persons confined to a wheelchair shall be accommodated
in ground level facilities with suitable ingress and egress from the building.
7.7
A small stepping stool shall be available for use with each toilet and
bathtub.
Page 40 of 69
Page 4 of 5
SCHEDULE "9" - RESIDENTIAL EMERGENCY HOSTEL
________________________________________________________________________
7.8
The bottom of each bathtub shall be furnished with non-skid material.
7.9
All toilet rooms or bathrooms shall be equipped with mechanical
ventilation to the outside.
7.10 All water fixtures in all bathtubs and showers shall be equipped with hot
water temperature regulators.
8.
BEDROOMS
8.1
All bedrooms shall be:
(a)
furnished and decorated for the provision of residential services;
(b)
in a room which is ventilated and lighted by natural light.
All floors containing bedrooms shall have two (2) separate means of egress
to the outside.
9.
OTHER
9.1
From September 15 until May 31 in each year and at all other times when
heating may be reasonably necessary for the preservation of health, the
temperature of all rooms and halls shall be maintained at not less than 20
centigrade (70 Fahrenheit).
9.2
The Hostel shall be free from hazards to the safety of residents, staff or
visitors.
9.3
The following shall be provided:
(a)
handrails of a type that will ensure the safety of residents installed on
each side of every stairway that is wider than 111.76 cm (44") on at
least one side of each stairway that is 111.76 cm (44") or less, in width
and on the open side of stairway or landing with the top of each
handrail not less than 76.2 cm (30") nor more than 106.68 cm (42")
above the finished floor or stair level;
(b)
for each bathtub and each toilet, at least one grab bar or similar device
of a type that will ensure the safety of residents;
(c)
non-skid finishes and coverings on floors and stairways, and;
(d)
balustrades on the open sides of every stairway, landing, balcony,
raised porch or roof to which the residents have access; no openings
in any such balustrade shall be more than 10.16 cm (4") wide.
Page 41 of 69
Page 5 of 5
SCHEDULE "9" - RESIDENTIAL EMERGENCY HOSTEL
________________________________________________________________________
10.
QUALIFIED OPERATOR
10.1 A person shall not be licenced to operate a Hostel unless he/she is eighteen
(18) years of age or over.
11.
EMPLOYEES
11.1 A person shall not be employed in a Hostel unless:
(a)
he/she is eighteen (18) years of age or over;
(b)
a person who is a carrier of or has a communicable disease shall not
continue to work or be employed in a Hostel until he or she has
received permission to do so by the Medical Officer of Health.
12.
RECORDS AND REPORTS
The operator shall be responsible for ensuring that:
12.1 An up-to-date alphabetical list of residents shall be maintained showing for
each resident his name and date of admission.
12.2 A report in Form 1 shall be made of every fire and shall be sent or delivered
forthwith to the Fire Inspector and a copy shall be kept on file in the Hostel.
13.
INSPECTION
13.1 The Medical Officer of Health, the Chief Building Official, the Fire Chief, the
Chief of Police and the Coordinator, Community Liaison and Business
Licencing (and competent subordinates of any of them), may at all
reasonable times, inspect any Hostel, its requisite records as provided for in
this by-law).
14.
DUTIES OF OFFICERS
14.1 It is the duty of:
(i)
the Medical Officer of Health;
(ii)
the Chief Building Official;
(iii)
the Fire Chief;
(iv)
the Chief of Police;
(v)
the Coordinator, Community Liaison and Business Licencing, and;
(vi)
any other relevant official,
to enforce the provisions of this by-law which are within their respective
jurisdiction and each of them is hereby authorized to serve such notices and
make and serve such orders as may be necessary.
Page 42 of 69
Page 1 of 1
THE CORPORATION OF THE TOWN OF FORT ERIE
SCHEDULE "10" - By-law No. 217-05
RESTAURANT AND FRESH FOOD ESTABLISHMENTS
________________________________________________________________________
1.
DEFINITIONS
In this Part:
(a) "Restaurant" means a place of business where food is prepared and served to
customers for consumption either in or outside the premises where preparation
occurs;
(b) "Fresh Food Establishment" includes a place of business where fresh food
is
prepared and/or sold on site and such fresh food includes but is not limited to
fruits, vegetables, fish, meat and baked goods.
2.
PURPOSE OF BY-LAW
The purpose of the licencing of Restaurant and Fresh Food Establishments relates
to matters of Health and Safety and Consumer Protection.
3.
LICENCE FEE
The annual licencing fee shall be as established in Schedule "LLS-A" of By-law
No. 40-09 as amended or superseded from time to time.
4.
CONDITIONS
4.1
No licence shall be issued until the Coordinator, Community Liaison and
Business Licencing has received confirmation from the Office of the Medical
Officer of Health and Fire Inspector that the Applicant has satisfied all
requirements.
4.2
Every licencee shall adhere to the regulations of the Fire Code, Building
Code and the Health Protection and Promotion Act.
Page 43 of 69
Page 1 of 10
THE CORPORATION OF THE TOWN OF FORT ERIE
SCHEDULE "11" - By-law No. 217-05
SECOND LEVEL LODGING HOMES
_______________________________________________________________________
1.
DEFINITIONS
In this Part:
(a)
"Activities of daily living" includes those activities of the individual that
maintain his/her sufficient nutrition, hygiene, warmth and rest;
(b)
"Aged" refers to a person over the age of 65 years;
(c)
"Controlled drug" has the same meaning as in The Food and Drug Act
(Canada);
(d)
"Dentist" means a person legally qualified and entitled to practice the
profession of dentistry in Ontario;
(e)
"Drug" includes a substance or mixture of substances manufactured, sold or
represented for use in,
(i)
the diagnosis, treatment, mitigation or prevention of a disease,
disorder, abnormal physical state or the symptoms thereof, in man; or
(ii)
restoring, correcting or modifying organic functions in man;
(f)
"Exit" includes an exterior passageway, an exterior ramp, an enclosed interior
stairway and an exterior stairway;
(g)
"House" means a privately owned "Second Level Lodging House";
(h)
"Inspector" means:
(i)
a Building Inspector of the Building Department of the Town;
(ii)
the Fire Inspector of the Town;
(iii)
an Inspector of the Health Services Department of The Regional
Municipality of Niagara;
(iv)
an authorized representative of Canadian Niagara Power Company;
Page 44 of 69
Page 2 of 10
SCHEDULE "11" - SECOND LEVEL LODGING HOMES
________________________________________________________________________
(i)
"Medical Officer of Health" means the Medical Officer of Health of The
Regional Municipality of Niagara;
(j)
"Mentally Infirm" refers to a mental condition of a person such that it interferes
with his/her ability to be independent with respect to the activities of daily
living. This would include those who are suffering from dementia or are
mentally retarded or developmentally handicapped, and those suffering from
chronic mental health disorders;
(k)
"Non-prescription drug" means a drug that is not a prescription drug;
(l)
"Operator" means a person licenced by the area municipality to operate a
House;
(m)
"Physically infirm" refers to the physical condition of a person such that it
interferes with his/her ability to be independent with respect to the activities of
daily living;
(n)
"Physician" means a legally qualified medical practitioner;
(o)
"Pharmacist" means a member of The Ontario College of Pharmacists
licenced under The Health Disciplines Act;
(p)
"Poison" has the same meaning as in The Pharmacy Act;
(q)
"Prescribed" when used with reference to a drug or mixture of drugs, means
that a legally qualified medical practitioner or a dentist has directed the
dispensing of the drug or mixture of drugs to a named person;
(r)
"Prescription drug" means a drug that may be dispensed by a pharmacist
only upon the direction of a physician or dentist;
(s)
"Registered nurse" means a person who is registered as a nurse under the
Drug and Pharmacies Regulation Act;
(t)
"Registered nursing assistant" means a person who is registered as a nursing
assistant under the Drug and Pharmacies Regulation Act;
(u)
"Resident" means a person, other than an operator or employee, who resides
in a House, and to whom, for a fee, the operator offers guidance in the
activities of daily living and advice and information;
(v)
"Second Level Lodging House" means a privately owned House:
Page 45 of 69
Page 3 of 10
SCHEDULE "11" - SECOND LEVEL LODGING HOMES
_______________________________________________________________________
(i)
which accommodates four or more residents who are aged, or
physically or mentally infirm and who require guidance in the activities
of daily living, and
(ii)
where, twenty-four (24) hours a day, at least the operator or one adult
responsible to the operator, is on duty in the House and able to furnish
such guidance but does not mean a group home as defined in the
Town of Fort Erie Zoning By-law;
(w)
"Semi-private accommodation" means a two-bed unit;
(x)
"Vertical shaft" means the same as the definition of "Vertical Shaft" found in
the Building Code Act.
2.
PURPOSE OF BY-LAW
The purpose of the licencing of Second Level Lodging Homes relates to matters of
Health and Safety and Consumer Protection.
3.
LICENCE FEE
3.1
The annual licencing fee shall be as established in Schedule "LLS-A" of By-
law No. 40-09 as amended or superseded from time to time.
3.2
The Medical Officer of Health may impose nursing inspection fees based on
cost recovery and shall directly invoice and recover such fees from the
operator when such fees are imposed.
4.
CONDITIONS
Each application shall be filed with the Coordinator, Community Liaison and
Business Licencing including notices of compliance for the following for new
licences and for renewal of licences respectfully:
4.1
New Licence:
(a)
Property Standards By-law
(b)
Zoning By-law
(c)
The Ontario Electrical Safety Code
(d)
The Ontario Fire Code
(e)
Building Code
(f)
Health Protection and Promotion Act
(g)
Smoke-Free Ontario Act
Page 46 of 69
Page 4 of 10
SCHEDULE "11" - SECOND LEVEL LODGING HOMES
_______________________________________________________________________
4.2
Renewal of Licence:
(a)
The Ontario Electrical Safety Code
(b)
The Ontario Fire Code
(c)
Building Code
(d)
Health Protection and Promotion Act
(e)
Property Standards By-law
(f)
Smoke-Free Ontario Act
(g)
Ontario Electrical Safety inspections shall be conducted once every
three (3) years and not annually
4.3
The operator shall post (and keep posted) in a conspicuous place in the main
hall of the House:
(a)
the Licence, and
(b)
a notice giving the operator's name, address and telephone number,
and the name, address and telephone number of the employee who is
in charge of the House, if that person is other than the operator.
4.4
Fire Regulations
In addition to the requirements contained in Section 4.3 the operator of a
House shall ensure that:
(a)
All fire hazards are eliminated;
(b)
Fire extinguisher, hose and standpipe equipment are inspected at
least once a month;
(c)
The heating equipment and chimneys are inspected at least once
every twelve (12) months between June and September to ensure that
they are safe and in good repair;
(d)
A written record is kept of inspections and tests of the fire equipment,
the fire alarm system, the heating and chimneys;
(e)
The staff and so far as possible the residents, know the method of
sounding the fire alarm;
(f)
The staff is trained in the proper use of the fire extinguishing
equipment;
(g)
A procedure is established to be followed when a fire alarm is given,
including the duties of the staff and residents;
Page 47 of 69
Page 5 of 10
SCHEDULE "11" - SECOND LEVEL LODGING HOMES
________________________________________________________________________
(h)
The staff and residents are instructed in the procedure established
under Clause (g) and that the procedure is posted in conspicuous
places in the House;
(i)
A fire drill is held at least once a month;
(j)
Matches available to the staff or residents or used by them in or
around the House are safety matches;
(k)
An inspection of the building is made each night to ensure that there is
no danger of fire, and that the internal doors and stairwells and smoke
barriers are closed and not locked;
(l)
All halls, stairways and means of entrance or egress are kept free from
obstruction at all times;
(m)
All flammable materials and supplies are properly stored;
(n)
That adequate rules are prepared and posted (and kept posted) in a
conspicuous place in the "Main Hall of the House" governing the
smoking of tobacco; the said rules shall include one that smoking is
prohibited in the bedroom except when supervision is provided;
(o)
Non-combustible safety ashtrays are provided in each area where
tobacco smoking is permitted.
4.5
Where applicable the operator shall keep an ongoing up-to-date record of
compliance with Section 4.4 hereof and shall provide proof of same when so
requested by an Inspector or the Town.
4.6
Admission of Residents
(a)
Where the physical or mental condition of a person is such that, in the
opinion of the Medical Officer of Health or the physician as mentioned
in Section 4.7 the person cannot be properly cared for in a House,
he/she may direct that the individual be transferred to a proper facility;
(b)
A person shall not be admitted as a resident without:
(i)
his/her consent, or
(ii)
the consent in writing of his/her next of kin or legal
representative, as the case may be, when the person has been
declared mentally or physically incapable of giving consent.
Page 48 of 69
Page 6 of 10
SCHEDULE "11" - SECOND LEVEL LODGING HOMES
________________________________________________________________________
4.7
Medical Care
(d)
The operator shall ensure that each resident is given a tuberculin test
or chest x-ray within one week of admission, and thereafter as
required by the Medical Officer of Health;
(e)
Each resident, or
(i)
his/her next of kin or legal representative, as the case may be,
or
(ii)
where the resident, his/her next of kin or legal representative
are unable so to do, the operator shall ensure a physician is
available to attend any resident and provide him/her with
ongoing and emergency medical care at all time.
4.8
Nursing Care
Wherever the Medical Officer of Health or the physician mentioned in
Sections 4.6 or 4.7 determine that a resident requires emergency nursing
care or "Home Care Services", the operator shall allow and such nursing care
or "Home Care Services" are to be provided to the resident.
5.0
Drugs
The operator shall ensure that all drugs and prescription drugs:
(i)
are secured and are kept in a safe and proper storage area,
(ii)
are made available only to those residents for whom they have been
prescribed, as directed by the physician and that a drug administration
record for each resident be maintained by the operator.
5.1
Nutritional Care
(a)
The operator shall prepare monthly written menus, which are to be
posted in a conspicuous place followed and kept on file;
(b)
The operator shall service three (3) meals per day, and accommodate,
as far as possible, special diets requiring more or less frequent meal
times. Nourishing snacks will be available mid-morning, mid-
afternoon, and in the evening;
(c)
All meals and snacks will conform to Canada's Food Guide, and shall
be of sufficient quantity, quality, variety and nutritional caloric content
to maintain each resident's average weight;
Page 49 of 69
Page 7 of 10
SCHEDULE "11" - SECOND LEVEL LODGING HOMES
________________________________________________________________________
(d)
The kitchen shall comply with O.Reg 562/90, Food and Premises
Regulations under The Health Protection and Promotion Act,
regardless of the number of residents;
(e)
All plans of construction, alterations and/or additions to the kitchen and
food storage areas must be approved first by the Medical Officer of
Health.
5.2
Washrooms
(a)
No toilet room or bathroom shall be within or open directly into any
dining room, kitchen, pantry, food preparation room or storage room;
(b)
No toilet shall be located within a bedroom;
(c)
Toilet facilities shall be provided in at least the following ratios:
(i)
for an authorized capacity of four to seven residents: one wash
basin, one flush toilet, and one bath tub and shower,
(ii)
for an authorized capacity of a fraction of seven residents
beyond the first seven: one additional wash basin and one
additional flush toilet,
(iii)
for an authorized capacity of each additional seven residents
beyond the first seven: one additional wash basin, one
additional flush toilet, and one additional bath tub and shower;
(d)
Bathrooms, toilets and shower rooms shall be provided with doors and
shall not have locks unless they are of a type that can be readily
released from the outside in an emergency;
(e)
One bathroom, toilet and shower room shall be of a type that is
suitable for use by persons confined to wheelchairs, where such
persons are to be admitted as residents;
(f)
Wherever possible, persons confined to a wheelchair shall be
accommodated in ground level facilities with suitable ingress and
egress from the building;
(g)
A small stepping stool shall be available for use with each toilet and
bath tub;
(h)
The bottom of each bath tub shall be furnished with non-skid material;
Page 50 of 69
Page 8 of 10
SCHEDULE "11" - SECOND LEVEL LODGING HOMES
_______________________________________________________________________
(i)
All toilet rooms or bathrooms shall be equipped with mechanical
ventilation to the outside;
(j)
All water fixtures in all bathtubs and showers shall be equipped with
hot water temperature regulators.
5.3
Bedrooms
(a)
All bedrooms shall be:
(i)
furnished and decorated for the provision of residential services,
(ii)
in a room which is ventilated and lighted by natural light;
(b)
All floors containing bedrooms shall have two (2) separate means of
egress to the outside.
5.4
Other
(a)
From September 15 until May 31, and at all other times when heating
may be reasonably necessary for the preservation of health, the
temperature of all rooms and halls shall be maintained at not less than
20 centigrade (70 Fahrenheit);
(b)
The House shall be free from hazards to the safety of residents, staff
or visitors;
(c)
The following shall be provided:
(i)
handrails, of a type that will ensure the safety of residents,
installed on each side of every stairway that is wider than
111.76 cm (44"), on at least one side of each stairway that is
111.76 cm. (44"), or less, in width and on the open side of
stairway or landing with the top of each handrail not less than
76.2 cm. (30"), nor more than 106.68 cm. (42") above the
finished floor or stair level,
(ii)
for each bath tub and each toilet, at least one grab bar or
similar device of a type that will ensure the safety of residents,
(iii)
non-skid finishes and coverings on floors and stairways, and
(iv)
balustrades on the open sides of every stairway, landing,
balcony, raised porch, or roof to which the residents have
access; no openings in any such balustrade shall be more than
10.16 cm. (4") wide.
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Page 9 of 10
SCHEDULE "11" - SECOND LEVEL LODGING HOMES
________________________________________________________________________
5.5
Qualified Operator
(a)
A person shall not be licenced to operate a House unless he/she
produces evidence satisfactory to the Medical Officer of Health of
employment experience in work comparable to the administration of
the House which he/she proposes to operate and any other
educational requirements deemed necessary by the Medical Officer of
Health;
(b)
He/she complies with all the qualifications of an employer in a House
as required under this by-law;
(c)
A person shall not be licenced to operate a House unless:
(i)
he/she is eighteen (18) year of age or over,
(ii)
he/she produces an Ontario Secondary School Graduation
Diploma or evidence of equivalent standing as determined by
the Minister of Education, or
(iii)
he/she produces evidence satisfactory to the Medical Officer of
Health of employment experience in work comparable to the
administration of the House which he/she proposes to operate;
5.6
Employees
(a)
A person shall not be employed in a House unless:
(i)
he/she is eighteen (18) years of age or over,
(iv)
he/she produces evidence that he/she has completed Grade
Ten in an Ontario Secondary School, or evidence of equivalent
standing, or
(v)
he/she produces evidence, satisfactory to the Medical Officer of
Health, of employment experience in similar work;
(b)
He/she had a pre-employment examination by a physician not more
than thirty (30) days before his/her employment is to commence;
(c)
He/she obtains a certificate from the examining physician certifying
that he/she is free from infectious disease and fit to work in a House;
(d)
He/she produces a certificate that he/she has had a tuberculin test or
chest x-ray within one year before his/her employment is to
commence;
(e)
Nothing in the paragraph shall operate to preclude employment of
students or employment not directly associated with the day to day
care and treatment of patients;
Page 52 of 69
Page 10 of 10
SCHEDULE "11" - SECOND LEVEL LODGING HOMES
________________________________________________________________________
(f)
Every employee in a House shall undergo at any time such
examination or tests, as may be required by the Medical Officer of
Health, as to his/her continuing fitness to work in a House;
(g)
A person who is a carrier of, or has a communicable disease shall not
continue to work or be employed in a House until he or she has
received permission so to do by the Medical Officer of Health.
5.7
Records and Reports
The operator shall be responsible for ensuring that:
(a)
An up-to-date alphabetical list of residents shall be maintained,
showing for each resident name, sex, age and date of admission;
(b)
A separate file shall be maintained for each resident showing at least
name, sex, age, date of admission and discharge or death, name,
address and telephone number of nearest relation, brief medical
history, particulars of each accident suffered by the resident;
(c)
A record, in Form 1, shall be made of every occurrence of
communicable disease, and of death resulting from accident or an
undetermined cause, shall be sent or delivered forthwith to the Medical
Officer of Health, and a copy shall be placed in the resident's file;
(d)
A record, in Form 1, shall be made of every occurrence of assault and
injury, shall be placed in the resident's file, and kept available for
inspection by the Medical Officer of Health;
(e)
A report, in Form 2, shall be made of every fire, and shall be sent or
delivered forthwith to the Chief Fire Prevention Officer, and a copy
shall be kept on file in the House;
(f)
All records of the House shall be maintained in accordance with the
destruction requirements of the Medical Officer of Health.
5.8
Inspection
(a)
The Medical Officer of Health, the Chief Building Official, the Fire
Chief, the Chief of Police, and the Coordinator, Community Liaison
and Business Licencing (and competent subordinates of any of them),
may at all reasonable times, inspect any House, its requisite records
as provided for in this by-law and the list of residents required by
Section 5.7, and may take copies of the contents thereof.
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Page 1 of 1
THE CORPORATION OF THE TOWN OF FORT ERIE
SCHEDULE "12" TO BY-LAW NO. 217-05
TO REGULATE VARIOUS BUSINESSES IN THE TOWN OF FORT ERIE
PART I PROVINCIAL OFFENCES ACT
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision creating
or defining offence
COLUMN 3
Set Fine
1
Carry on business without licence
Section 3.5
$175.00
2
Fail to display business licence on premises
Section 3.10 (a)
$ 75.00
3
Fail to display business licence on vehicle
Section 3.10 (b)
$ 75.00
4
Fail to maintain licence on person
Section 3.10 (c)
$ 75.00
5
Prohibited transfer of business licence
Section 3.11
$175.00
6
Hinder or obstruct an officer exercising a
power or performing a duty
Section 3.14
$100.00
7
Attempt to hinder or attempt to obstruct an
officer exercising a power or performing a
duty
Section 3.14
$100.00
8
Fail to keep records as required
Section 3.16
$175.00
9
Fail to place Bill correctly
Section 4.1
$175.00
10
Place Bill in or on motor vehicle
Section 4.2
$175.00
Note: The general penalty section for the offence listed above is Section 8.1 of
Town of Fort Erie By-law No. 217-05, a certified copy of which has been filed.
Page 54 of 69
Page 1 of 16
THE CORPORATION OF THE TOWN OF FORT ERIE
SCHEDULE "13" - By-law No. 217-05
(As amended by By-laws. 113-2019, 22-2021, 41-2021, 58-2021 116-2021, 154-2021; 98-2022; 102-2024)
DEFINITIONS
In this Part:
"Administrative Penalty By-law" means Administrative Penalty By-law No. 111- 2019,
as amended or replaced, which regulates the administrative penalty system in the Town
of Fort Erie;
"Administrative Penalty" means an "Administrative Penalty" as defined in the
Administrative Penalty By-law;
"Agent" means a person duly appointed by an Owner to act on their behalf;
"Application Form" means a form prepared by the Town to obtain the necessary
information for a Short-Term Rental Licence;
"Coordinator" means the Coordinator-Community Liaison and Business Licensing or
designate unless otherwise noted;
"Dedicated Short-Term Rental" means a "Short-Term Rental, Dedicated" as defined in
the Zoning By-law;
"Demerit Points" means demerit points imposed against a Short-Term Rental in
accordance with section 7 of this Schedule;
"Disturbance" means an event where an action has commenced with respect to
nuisance, and/or noise;
"Dwelling Unit" means a "Dwelling Unit" as defined in the Zoning By-law;
"Fee" means those fees established by the Town's Fees and Charges By-law No. 40-
09, as amended or replaced annually by the Director of Corporate Services;
"Fire Safety Plan" means a plan showing the location of smoke alarms, the location of
CO alarms, the location of fire extinguishers and the established escape routes;
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Page 2 of 16
"Hearing Officer" means a "Hearing Officer" as defined in the Administrative Penalty
By-law;
"Licensee" means a Person who holds a Licence issued under this Schedule;
"Local Contact Person" means the local person assigned by the Owner or operator of
a Short-Term Rental who will be at the Premises within one (1) hour of contact and who
will ensure the Short-Term Rental is operated in accordance with the provisions of this
By-law and the conditions of the Licence. Notwithstanding the foregoing, the Local
Contact Person shall be at the Premises within thirty (30) minutes of contact;
"Lot Maintenance" means Lot Maintenance By-law No.165-08, as amended or
replaced, which regulates maintenance of property and land within the Town of Fort
Erie;
"Noise Control By-law" means Noise Control By-law No. 30-09, as amended or
replaced, which regulates noise and nuisances within the Town of Fort Erie;
"Owner" means the registered owner of Premises and, in the event that the registered
owner of Premises is a corporation, means the natural person(s) with control of the
corporation;
"Owner Occupied Short-Term Rental" means a "Short-Term Rental, Owner
Occupied" as defined in the Zoning By-law;
"Penalty Notice" means a "Penalty Notice" as defined in the Administrative Penalty By-
law;
"Person" means a natural person, corporation, partnership or association;
"Property Standards By-law" means Property Standards By-law No. 186-06, as
amended or replaced, enacted under section 15.1 of the Building Code Act, 1992, S.O.
1992, c. 23 ("Building Code Act"), which prescribes standards for the maintenance and
occupancy of property within the Town of Fort Erie;
"Renter" means the person responsible for the rental of a Short-Term Rental by way of
concession, permit, lease, licence, rental agreement or similar commercial arrangement;
"Screening Decision" means a "Screening Decision" as defined in the Administrative
Penalty By-law;
"Screening Officer" means a "Screening Officer" as defined in the Administrative
Penalty By-law;
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Page 3 of 16
"Short-Term Rental (STR)" means the use of all or part of a Dwelling Unit, either
dedicated or owner-occupied as defined below, subject to licensing by the Town, to
provide sleeping accommodation for any period of thirty (30) calendar days at a time or
less in exchange for payment, but does not include any type of institutional dwelling,
hotels, or other similar uses;
"Short-Term Rental Premises" or "Premises" means any Dwelling Unit and associated
land in or on which a Short-Term Rental is carried on;
"Trailer" means a "Trailer" as defined in the Zoning By-law;
"Zoning By-law" means Comprehensive Zoning By-law No. 129-90, as amended or
replaced, enacted under section 34 of the Planning Act, R.S.O. 1990, c. P. 13, which
restricts and/or regulates the use of land within the Town of Fort Erie.
1 APPLICATION
1.1 Where there is a conflict between this Schedule and any other part of this By-
law, this Schedule shall prevail.
1.2 The requirements of this Schedule apply to the trade, business or occupation of
providing Short-Term Rentals within the geographic limits of the Town as of the
date this By-law comes into effect, unless otherwise stated.
1.3 For greater certainty, the requirements of this Schedule do not apply to a hotel
as defined in the Zoning By-law.
2 LICENSING
2.1 A Person is not eligible to hold a Licence if:
(a)
the Person is indebted to the Town in respect of fines, Administrative
Penalties, and/or judgments awarded by the courts;
(b)
the Premises to be used for carrying on a Short-Term Rental does not
conform with any applicable Federal or Provincial Law or Regulations or
Municipal By- laws, including, but not limited to the Zoning By-law, Lot
Maintenance By-law, Property Standards By-law, Building Code Act,
Building Code, Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4,
Fire Code, and Ontario Electrical Safety Code;
(c)
the Premises to be used for carrying on a Short-Term Rental does not
have full services, whether provided municipally or privately; or
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Page 4 of 16
(d)
a certificate of proof is not provided annually that the well water is safe to
drink, if applicable.
2.2 The Coordinator shall suspend a Licence if a Licensee has:
(a)
an open building permit;
(b)
an outstanding Order issued by the Town's Fire Department or Building
Department; or
(c)
a Property Standards Order or any other order issued by the Town or other
government agency.
3 REVOCATION OF LICENCE
3.1 The Coordinator shall revoke a Licence where:
(a)
the Licence was issued on mistaken, false or incorrect information, or in
error;
(b) the Premises in relation to which the Licence was issued is sold,
transferred or otherwise disposed of by the Owner(s);
(c)
the Owner(s) requests in writing that the Licence be terminated; or
(d)
the total number of Demerit Points issued and in effect against a
Dedicated Short-Term Rental or an Owner Occupied Short-Term Rental is
fifteen (15) or more.
3.2 Upon revoking a Licence in accordance with this Schedule, the Coordinator shall
give written notice of the revocation to the Owner at the Owner's last known
address and/or by email to the Owner's last known email address. In no case
shall a Licence Fee be refunded.
3.3 An Owner whose Licence has been revoked may, within ten (10) days of being
notified of the revocation, submit a written request to the Coordinator to appeal
the Licence revocation to the Hearing Officer.
3.4 The Hearing Officer shall have jurisdiction to hear the appeal notwithstanding
that no Penalty Notice has been issued.
3.5 The appeal procedure prescribed by the Administrative Penalty By-law applies,
with necessary modifications, to an appeal under this section.
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Page 5 of 16
3.6 Where no application to appeal is submitted to the Coordinator within the
prescribed time, the decision of the Coordinator shall be final.
3.7 On appeal, the Hearing Officer may affirm, vary or reverse the Licence
revocation.
3.8 The decision of the Hearing Officer is final.
3.9 Where a Licence is revoked in accordance with this section, including the
disposition of any appeal, the Owner shall not be issued a new Licence for the
same Premises for which the Licence was issued:
(a)
for a period of six (6) months from the date of revocation of the first
revoked Licence;
(b)
twelve (12) months after the second revocation; and
(c)
eighteen (18) months after the third and subsequent revocations.
4 ADMINISTRATION
4.1 Unless otherwise indicated, the administration of this Schedule including
approval of applications and issuance of Licences shall be the responsibility of
the Coordinator.
4.2 Enforcement of this Schedule shall be primarily assigned to the Coordinator or
an Officer as defined in this By-law.
4.3 Every application for a new Licence or a renewal of an existing Licence shall be
submitted to the Coordinator on the required form together with all the required
documentation.
4.4 The Coordinator shall be responsible for developing and updating Short-Term
Rental Rules, Application Forms and other procedures for the administration of
Short-Term Rentals.
4.5 Every application for a new Short-Term Rental Licence or a renewal shall be
accompanied by the requisite Fee and shall include:
(a)
each Owner, applicant, and Agent's name, address, telephone number,
and email address if available;
(b)
where an applicant is an Agent acting on behalf of the Owner(s) of a Short-
Term Rental Premises, the Owner(s) shall sign the authorization and
consent form permitting the Agent to act on their behalf;
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Page 6 of 16
(c)
in the instance of an Owner that is a corporation or a partnership, the
name, address, telephone number, and email address if available of each
officer or partner as the case may be;
(d)
the name, address, telephone number, and email address of a person who
has been assigned by the Owner to be the Local Contact Person;
(e)
identification of the Short-Term Rental as a Dedicated Short-Term Rental
or an Owner Occupied Short-Term Rental;
(f)
a statement from the Owner or Agent certifying the accuracy, truthfulness,
and completeness of the application;
(g)
proof of insurance for Short-Term Rental use;
(h) a Fire Safety Plan depicting the use of the Short-Term Rental Premises
including the location of smoke alarms on each floor, the location of CO
alarms, the location of mounted fire extinguishers on each floor and
including the kitchen, and the established escape routes for each bedroom
in case of emergency;
(i)
the Owner(s) or Agent shall provide the following acknowledgements:
i)
that the Short-Term Rental will be operated in accordance with all
Town By-laws and requirements of any other government agency or
legislation;
ii)
that all garbage will be stored in garbage cans with lids;
iii) that the Owner has advised the abutting property boundary
neighbours of the operation of the Short-Term Rental;
iv) that all Renters will receive a copy of the Town's form of Guest Rules
and a copy will remain on site at all times;
v)
that all Renters will be advised that no outside sleeping or outside
sleeping accommodations are permitted on the Short-Term-Rental
Premises;
vi) that the Owner shall indemnify and save harmless the Town of Fort
Erie, its staff and elected officials from any and all claims; and
vii) that the issuance of the Short-Term Rental Licence shall not
contravene an Agreement of Purchase and Sale and/or any other
instrument registered on title or otherwise, with respect to the
property.
Page 60 of 69
Page 7 of 16
(j)
acknowledgment by the Region of Niagara that the Short-Term Rental
Premises has a functioning septic system as of the date of the first Licence
application, if applicable;
(k)
a copy of a certificate of proof that the well water if any is safe to and shall
be a new certificate provided annually, if applicable;
(l)
proof that all fire extinguishers at the Short-Term Rental Premises are /
have been maintained by a certified person or company once every twelve
(12) months;
(m) proof of an annual fire inspection; and
(n)
proof of an annual building inspection;
(o)
site plan of the Short Term Rental Premises indicating dwelling units,
buildings, building setbacks, parking locations and dimensions
4.6 A Licensee shall inform the Coordinator of any changes to the information
provided in the application within a period of fifteen (15) business days of the
change;
4.7 Each Licence shall include the following:
(a)
address of the Short-Term Rental Premises;
(b)
Licence number;
(c)
effective date and expiry date of the Licence;
(d)
Owner's name and contact information;
(e)
identification of the Short-Term Rental as a Dedicated Short-Term Rental
or an Owner Occupied Short-Term Rental;
(f)
Agent's name and contact information if applicable; and
(g)
Local Contact Person's name and contact information.
4.8 A Licence shall only be issued to the Owner of a Short-Term Rental Premises.
Where a Short-Term Rental Premises has more than one (1) Owner, one (1)
Licence shall be jointly issued to all Owners.
4.9 Upon the issuance of a licence, the address of the Short-Term Rental Premises
and the Licence number may be posted on the Town website.
4.10 A Licence is valid from the date of issuance until December 31 in the calendar
year in which it is issued. Licence Fees are not pro-rated and are payable in full
irrespective of the date of Licence issuance.
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4.11 A Licence is specific to the Owner(s) and Short-Term Rental Premises for which
it is issued and is not transferable.
4.12 Licences must be renewed annually by submitting a renewal application in the
form approved by the Coordinator from time to time and accompanied by the
requisite Fee. The provisions of this section apply, with necessary
modifications, to renewal applications.
4.13 Licences shall be issued on a first come, first served basis, provided that all
necessary application requirements are met.
4.14 Current Licensees with active Licences may renew their Licence(s) provided that
the following conditions are met:
(a) the number of Demerit Points issued against the Short-Term Rental in the
previous year is five (5) or fewer;
(b) the status of the Short-Term Rental as a Dedicated Short-Term Rental or
an Owner Occupied Short-Term Rental is and will remain unchanged; and
(c) To the best of the Town's knowledge the Licensee complied with all
requirements of this By-law in the previous year.
4.15 For the purposes of subsection 4.14, a Licence shall be considered active if it
has been suspended but shall not be considered active if it has been revoked.
5 REGISTER OF RENTERS AND OVERNIGHT OCCUPANTS
5.1 The Owner or operator of every Dedicated Short-Term Rental and the Owner of
every Owner Occupied Short-Term Rental shall maintain a register that contains
the following information:
(a) the name and residential address of Renter(s) that reserve and/or book a
period of accommodation at the Premises; and
(b) the name of any other Person or Persons who will occupy the Premises
overnight and/or to whom sleeping accommodation will be provided at the
Premises during the period of accommodation reserved and/or booked by
the Renter(s).
5.2 Upon the request of the Coordinator and/or an Officer, the Owner shall produce
the register described in subsection 5.1 ("the Register") for review and/or
inspection by the Town.
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6 PROHIBITIONS
6.1 No Person shall advertise or operate a Dedicated Short-Term Rental or an
Owner Occupied Short-Term Rental except in accordance with this Schedule.
6.2 Without limiting the generality of subsection 6.1 of this Schedule, no Person
shall:
(a)
operate a Short-Term Rental without a Licence;
(b)
operate a Short-Term Rental for which a Licence has expired, been
revoked or, is under suspension;
(c)
advertise a Short-Term Rental without a Licence
(d) advertise a Short-Term Rental for which a Licence has expired, been
revoked or is under suspension;
(e)
advertise a Short-Term Rental that contains more than three (3)
bedrooms;
(f)
advertise a Short-Term Rental with an occupancy that exceeds the
maximum occupancy limits set out in this Schedule;
(g)
advertise a Short-Term Rental without including the Licence number;
(h)
fail to display the Licence in a prominent, permanent place at the Short-
Term Rental Premises;
(i)
fail to provide Renters a copy of the Town's form of Guest Rules and/or fail
to ensure a copy remain on site at the Premises;
(j)
fail to keep garbage contained in containers with lids;
(k)
permit tents on the Short-Term Rental Premises;
(l)
permit a Trailer to be used for sleeping accommodations on the Short-
Term Rental Premises;
(m) fail to ensure that there is a Local Contact Person;
(n)
fail to maintain the Register;
(o)
fail to produce the Register to the Town upon request;
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(p)
hinder or obstruct an Officer from carrying out an inspection of lands, to
carry out work for the purposes of an investigation and/or making inquiries;
(q)
permit a Disturbance at a Short-Term Rental Premises;
(r)
operate a Short-Term Rental contrary to any applicable Federal,
Provincial, Regional laws, Regulations or Orders, or Municipal By-laws
("Law"), or the Fire Safety Plan;
(s)
operate a Short-Term Rental that is Licenced as an Owner Occupied
Short-Term Rental without the presence of the Owner(s);
(t)
operate a Short-Term Rental at a premises that has:
i)
an open building permit;
ii)
an outstanding Order issued by the Town's Fire Department or
Building Department; or
iii) a Property Standards Order or any other order issued by the Town or
other government agency.
(u)
place or mount a fire extinguisher in any cupboard, cabinet, closet, or other
enclosed compartment;
(v)
operate a Short-Term Rental containing more than three (3) bedrooms,
other than the bedroom(s) of the Owner(s) in an Owner Occupied Short-
Term Rental.
(w) In a Dedicated Short-Term Rental, exceed maximum occupancy limits of
four (4) people for a one (1) bedroom Dwelling Unit, six (6) people for a
two (2) bedroom Dwelling Unit, and eight (8) people for a three (3)
bedroom Dwelling Unit;
(x)
in an Owner Occupied Short-Term Rental, exceed maximum occupancy
limits, excluding the Owner(s) present at the Premises, of four (4) people
for a one (1) bedroom Dwelling Unit, six (6) people for a two (2) bedroom
Dwelling Unit, and eight (8) people for a three (3) bedroom Dwelling Unit;
or
(y)
permit guests, other than occupants listed in the Register to remain at the
Short-Term Rental Premises beyond 11:00 p.m. each day. For greater
clarity, this section does not apply to the Owner or full-time occupants of
the dwelling.
6.3
In the event that a Short-Term Rental Premises has more than three (3)
bedrooms, all additional bedrooms, other than the bedroom(s) of the Owner(s)
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in an Owner Occupied Short-Term Rental, shall be closed, inaccessible to
occupants listed in the Register and their guests, and have appropriate signage
posted on the door(s).
6.4
Failure to comply with any provision of subsection 6.2 or with subsection 6.3 of
this Schedule constitutes a contravention of this By-law whereby an
Administrative Penalty provided for under section 9 of this Schedule and as
established in Appendix "1" shall be issued to the Owner(s).
6.5
In addition, failure to comply with any provision of section 6.2 of this Schedule
other than subsections 6.2(a), 6.2(b) and/or 6.2(c) constitutes a contravention of
this By-law whereby Demerit Points as established in Appendix "1" shall be
imposed against the Short-Term Rental Premises.
7 DEMERIT POINT SYSTEM
7.1 Notwithstanding any other provision of this By-law, this section does not apply to
Short-Term Rentals that are advertised and/or operated without a Licence,
including Short-Term Rentals for which a previously-issued Licence has expired,
been revoked or is under suspension.
7.2 If at any time the Coordinator determines that the operation of a licensed Short-
Term Rental does not comply with any part of this Schedule as provided for in
Appendix "1", other than subsections 6.2(a), 6.2(b) and/or 6.2(c), the
Coordinator shall impose Demerit Points.
7.3 For greater certainty, if the Coordinator determines that the advertisement
and/or operation of a Short-Term Rental does not comply with subsections
6.2(a), 6.2(b) and/or 6.2(c) of this Schedule, Demerit Points shall not be
imposed against the Short-Term Rental Premises.
7.4 Demerit Points shall remain in place until the two (2) year anniversary of the
date on which the Demerit Points were imposed.
7.5 Upon the transfer or sale of a Short-Term Rental Premises by an Owner to any
other Person, any existing Demerit Points shall be assigned to the Owner and,
upon the issuance of a Short-Term Rental Licence to the Owner for a different
Premises, the Demerit Points shall be imposed against that Premises.
7.6 If the total number of Demerit Points in effect respecting a Short-Term Rental is
seven (7) or more but fewer than fifteen (15), the Owner is required to provide
the Coordinator with written confirmation of the measures to be implemented by
the Owner to avoid the imposition of further Demerit Points, which measures
shall be to the satisfaction of the Coordinator.
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7.7 If the total number of Demerit Points in effect respecting a Short-Term Rental is
fifteen (15) or more, the Coordinator shall immediately revoke the Licence in
accordance with section 3 of this Schedule.
8 SHORT-TERM RENTAL ADVERTISED OR OPERATED WITHOUT A LICENCE
8.1 This section applies to Short-Term Rentals that are advertised and/or operated
without a Licence, including Short-Term Rentals for which a previously-issued
Licence has expired, been revoked or is under suspension.
8.2 If at any time the Coordinator determines that the advertisement of a Short-Term
Rental does not comply with subsection 6.2(c) of this Schedule, the Coordinator
shall refer the matter to an Officer for investigation.
8.3 If at any time the Coordinator determines that the operation of a Short-Term
Rental does not comply with subsections 6.2(a) and/or 6.2(b) of this Schedule,
the Coordinator shall refer the matter to an Officer for investigation.
8.4 An Officer who has reason to believe that an Owner has contravened
subsections 6.2(a), 6.2(b) and/or 6.2(c) of this Schedule may issue one or more
Penalty Notices to the Owner(s) in accordance with section 9 of this Schedule.
8.5 A separate Penalty Notice may be issued for each calendar day on which a
Short- Term Rental is advertised without a Licence.
8.6 A separate Penalty Notice may be issued for each calendar day on which a
Short- Term Rental is operated without a Licence.
8.7 Subject to subsection 8.8 of this Schedule, an Owner to whom a Penalty Notice
has been issued pursuant to subsection 8.4, which is no longer subject to any
screening or hearing process under the Administrative Penalty By-law, shall be
prohibited from applying for a Short-Term Rental Licence for a period of two (2)
years from the date on which the Penalty Notice was issued.
8.8 In the event that a Short-Term Rental continues to be advertised or operated
without a licence in contravention of subsections 6.2(a), 6.2(b) and/or 6.2(c)
following the issuance of a Penalty Notice under subsection 8.4, the following
rules apply:
(a)
if the contravention occurs during the two (2) year period prescribed by
subsection 8.7 and one or more additional Penalty Notices are issued, the
Owner shall be prohibited from applying for a Short-Term Rental Licence for
a period of two years from the date on which the last Penalty Notice was
issued;
(b)
if a further contravention occurs during the two (2) year period prescribed
Page 66 of 69
Page 13 of 16
by subsection 8.8(a) and one or more additional Penalty Notices are
issued, the Owner shall be prohibited from applying for a Short-Term
Rental Licence for an additional one (1) year period from the date on which
the last Penalty Notice was issued.
9 ADMINISTRATIVE PENALTIES
9.1 An Officer who has reason to believe that an Owner has contravened any
provision of this Schedule may issue a Penalty Notice to the Owner.
9.2 The Penalty Notice shall be given to the Owner as soon as is reasonably
practicable and shall include the following information:
(a)
the name of the Owner;
(b)
the municipal address of the Owner;
(c)
the Penalty Notice date;
(d)
the Penalty Notice number;
(e)
particulars of the contravention;
(f)
the amount of the Administrative Penalty as established in Appendix "1";
(g)
information about the process by which the Owner may exercise a right to
request a review of the Administrative Penalty by a Screening Officer and
a right to request a review of the Screening Decision by the Hearing
Officer; and
(h)
a statement advising that an Administrative Penalty will, unless cancelled,
constitute a debt of the Owner to the Town.
9.3 An Administrative Penalty is payable within fifteen (15) business days after the
penalty is affirmed and shall be paid in accordance with the provisions of the
Administrative Penalty By-law.
9.4 In accordance with the Municipal Act 2001, an Administrative Penalty which
remains unpaid shall be deemed to be unpaid taxes and the outstanding amount
shall be added to the tax roll and collected in the same manner as municipal
taxes.
9.5 An Administrative Penalty that is due and payable and constitutes a debt to the
Town of each Owner to whom or to which the Penalty Notice was given.
Page 67 of 69
Page 14 of 16
10 PROVINCIAL OFFENCES
10.1 An Owner who obtains a Short-Term Rental Licence shall comply with the
regulations and requirements set out in this Schedule for such Licence. Failure
to comply with the regulations and requirements set out in this Schedule
constitutes an offence.
10.2 Every Owner who contravenes any provision of this By-law is guilty of an offence
and upon conviction is liable to the penalties prescribed under the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended.
Appendix "1" to Schedule 13
Pages 15 and 16.
Page 68 of 69
APPENDIX "1" TO SCHEDULE 13
PENALTIES
Column 1
Column 2
Column 3
Column 4
Infraction
Reference
Demerit Points
Administrative Penalties
Operate Short-Term Rental without a
licence
6.2(a) and
6.2(b)
N/A
First failure to comply
$1,500.00
Each subsequent failure to
comply within twelve (12)
months of first failure to comply
$2,000.00
Advertise Short-Term Rental without
a licence
6.2(c) and
6.2 (d)
N/A
First failure to comply
$1,000.00
Each subsequent failure to
comply within twelve (12)
months of first failure to comply
$1,500.00
Advertise Short-Term Rental with
more than three (3) bedrooms
6.2(e)
5
$500.00
Advertise Short-Term Rental that
exceeds maximum occupancy
6.2(f)
5
$500.00
Advertise Short-Term Rental without
including Licence number
6.2(g)
3
$75.00
Failure to Display Licence
6.2(h)
3
$75.00
Failure to provide Guest Rules
6.2(i)
3
$75.00
Failure to have garbage in containers
with lids
6.2(j)
3
$150.00
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Outside sleeping accommodations
on site
6.2(k) and
6.2(l)
3
$300.00
Non-availability of Local Contact
Person
6.2(m)
10
$500.00
Fail to maintain Renter/Occupant
register
6.2(n)
5
$500.00
Fail to produce Renter/Occupant
register
6.2(o)
5
$500.00
Obstruct Officer
6.2 (p)
10
$300.00
Noise and Nuisance
6.2(q)
5
Penalties Imposed under By-
law
No. 30-09
Operate contrary to applicable
Federal, Provincial and Municipal
Laws
6.2(r)
15
$1,500.00
Fail to comply with Fire Protection &
Prevention Act, 1997 and/or Fire
Code
6.1(r)
15
Fines Imposed
under FPPA/Code
Fail to comply with Building Code
Act, 1992
and/or Building Code
6.1(r)
10
Fines Imposed under
BCA
Operate Owner Occupied Short-
Term Rental without Owner(s)
present
6.1(s)
15
$1,500.00
Operate with open Permit or Order
6.2(t)
10
$300.00
Fire extinguisher in enclosed
compartment
6.2(u)
2
$150.00
Operate with more than three (3)
bedrooms
6.2(v)
15
$1,500.00
Exceed maximum occupancy
6.2 (w) and
6.2(x)
10
$1,000.00
Guest(s) after 11:00 p.m.
6.2(y)
5
$150.00
Note: References to By-laws and Legislation include as they may be amended or replaced.