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CONSOLIDATION
BY-LAW NO. 2005-0067
A By-law to license, regulate, and govern any business
carried on within the Town of Halton Hills.
Amended
by By-law
2008-0003
WHEREAS the Municipal Act, S.O. 2001, c. 25, as amended, authorizes Councils of
municipalities, inter alia, to pass by-laws respecting business licensing, and to provide
for a system of licences with respect to a business, including any business wholly or
partly carried on within the municipality even if the business is being carried on from a
location outside the municipality;
AND WHEREAS the Municipal Act, S.O. 2001, c.25 as amended, provides that a
municipality may prohibit and regulate the use of any land for the storage of used
motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from
them for sale or other disposition under Section 131 of the Act;
AND WHEREAS a public meeting was held on the 21st day of February, 2005 in the
Town of Halton Hills in accordance with Section 150(4) of the Act;
NOW THEREFORE, BE IT RESOLVED THAT THE COUNCIL OF THE
CORPORATION OF THE TOWN OF HALTON HILLS ENACTS AS FOLLOWS:
1.0
DEFINITIONS (Amended by By-Law 2008-0003)
1.1
Accessible to all Persons means free from any barrier to Persons with
disabilities.
1.2
Accessible Taxicab means a Motor Vehicle designed or modified to
assist Persons with disabilities in loading and off-loading as approved by
the Province.
1.3
Active Repair means working towards the completion of restoring a
Motor Vehicle to good condition after damage or wear by fixing or
replacing parts and may include the time required obtaining parts.
1.4
Adult Entertainment Establishment means any Body Rub Parlour or
any Adult Entertainment Parlour where Services or Entertainment
Appealing to, or Designed to Appeal to, Erotic or Sexual Appetites or
Inclinations are provided in the Premises or part thereof.
1.5
Adult Entertainment Owner Operator means a Person who alone or
with others owns or has a right to possess or occupy, or actually does
possess or occupy, manages, supervises, runs or controls Premises in
which an Adult Entertainment Establishment business is located and
includes their designate or official agent and the lessee of any Premises
in which an Adult Entertainment Establishment is located.
1.6
Adult Entertainment Parlour shall mean any Premises or part thereof in
which there is provided, in pursuance of a trade, calling, business or
occupation, Services or Entertainment Appealing to, or designed to
Appeal to, Erotic or Sexual Appetites or Inclinations.
1.7
Adult Mini-Theatre is an Adult Entertainment Establishment in which
live adult entertainment performances, adult motion pictures, videos,
tapes, digital video discs, slides or similar electronic or photographic
reproductions, the principal feature of which is nudity or partial nudity of
any Person, are viewed or shown in a separate viewing area with a
seating capacity of one to twenty seats.
- 2 -
Amended
by By-law
2008-0054
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
1.8
Amusement and Recreational Premises means Premises which
include but are not limited to an amusement arcade, including coin or
token operated games, a paintball, laser tag, or billiard establishment, a
bowling centre or a cinema, golf courses and country clubs, mini-golf, or a
driving range, a Race Track Operation (Horses and Dogs), a Motorized
Vehicle Raceway, amusement rides, or a Public Hall, but does not
include an Adult Mini-Theatre..
1.9
Appealing to, or Designed to Appeal to, Erotic or Sexual Appetites
or Inclinations, when used to describe Services or Entertainment, shall
mean:
1.9.1
Services or Entertainment of which a principal feature or
characteristic is the nudity or partial nudity or any Person; or
1.9.2
Services or Entertainment in respect of which the word
"nude", "naked", "topless", "bottomless", "sexy", or any other
word, picture, symbol, or representation having like meaning
or implication is used in any advertisement.
1.10 Auction means a public sale of goods, articles, merchandise, and wares
where an auctioneer calls out and receives bids and the article is sold to
the highest bidder, but does not include a Silent Auction, or sale
conducted by a receiver, liquidator, trustee, court, bailiff, executor, or
sheriff under any general or special Act.
1.11 Auto Body Repair means to restore the external and structural part of a
Motor Vehicle used for carrying passengers or cargo to a good or sound
condition after damage or decay and includes applying an external paint
finish.
1.12 Bed and Breakfast means an establishment, or a single detached
dwelling, with one to three guest-rooms without cooking facilities therein,
operated to provide the traveling public temporary accommodation and a
breakfast meal.
1.13 Beauty Treatment means the use of cosmetics, facials, waxing,
manicuring, hairdressing, or other Personal Care Services to enhance
personal appearance but does not include services provided by
surgeons, optometrists, dentists, or the like licensed or registered by the
Province of Ontario.
1.14 Body Rub shall mean the kneading, manipulating, rubbing, massaging,
touching, or stimulating, by any means, of a Person's body or part thereof
but does not include:
1.14.1
medical or therapeutic treatment given by a Person duly
qualified, licensed, or registered to do so under the laws of
the Province of Ontario; or
1.14.2
alternative health care services, such as shiatsu and
reflexology, given by a Person duly qualified to provide such
services through completion of formal courses and
education and training in the provision of such service
offered by an organization or institution that has the
qualifications to provide such services.
1.15 Body Rub Parlour shall mean any Premises or part thereof where a
Body Rub is performed, offered or solicited in pursuance of a trade,
calling, business, or occupation, but shall not include:
1.15.1
any Premises or part thereof where Body Rubs are
performed for the purpose of medical or therapeutic
treatment and are performed by Persons duly qualified,
licensed, or registered to do so under the laws of the
Province of Ontario; or
- 3 -
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
1.15.2
any Premises or part thereof where Body Rubs are
performed for the purpose of alternative health care
services such as shiatsu and reflexology, and are performed
by Persons duly qualified to provide such services through
completion of formal courses and training in the provisions
of such service offered by an organization or institution that
has the qualifications to provide such services.
1.16 Canine Boarding and Breeding Establishment means any building or
structure where dogs are kept, harboured, bred, raised, sheltered, cared
for, boarded or trained for profit or offered for sale but shall not include:
1.16.1
a veterinary hospital under the care of a licensed
veterinarian;
1.16.2
a public pound or animal shelter used by the Town for
impounding dogs; and
1.16.3
any Premises licensed under any Provincial or Federal
Statute that permits the keeping of dogs under certain
conditions.
1.17 Council means the Council of the Town of Halton Hills.
1.18 Drain Contracting Company means a Person who undertakes or is
engaged in the business of drainage work including the installing,
replacing, repairing or maintenance of drains, drainage systems and
sewage disposal systems, who solicits and advertises such work to the
public, and who either is himself a Drain Layer or employs a Drain Layer.
1.19 Drain Layer means a Person who is skilled in the planning,
superintending, installing, replacing and maintenance of drainage work
including the laying of pipe into trenches to form sanitary sewers, storm
sewers, storm drainage management systems, private sewers and water
supply systems, the repair and replacement of drains, and the removal of
obstructions from drains, and who is familiar with the laws, rules, and
regulations governing same.
1.20 Driving School Operator means a Person who has possession or
control of Motor Vehicles for the purpose of teaching an individual,
through on-road instruction, to operate a Motor Vehicle.
1.21 Entertainer means a Person other than a licensed Adult Entertainment
Owner Operator who provides Services or Entertainment Appealing to, or
designed to Appeal to, Erotic or Sexual Appetites or Inclinations.
1.22 Film and Motion Picture Production means commercial or trade film
production shoots, including feature films, documentaries, and
commercials but does not include news reporting, non-profit productions,
team photos, weddings or student productions.
1.23 Food and Accommodation Services means the retail sale of food, the
preparation of food for sale or for immediate consumption by the public
and accommodation services, and includes businesses such as a
Restaurant, workplace or school cafeteria, Traveller's Accommodation,
catering food service, Mobile Food Service, Portable Food Service, or
Refreshment Cycle/Ice Cream Cart.
1.24 General Trade means a Person who is skilled in any trade involving
building, constructing or renovating any building or structure of any kind,
and includes but is not limited to poured concrete, framing, masonry,
roofing, siding, glass and glazing, finish carpentry, paint, wall, flooring,
building finishing, foundation, exterior building renovations, landscape
construction, pool installation, and driveway paving work.
- 4 -
1.25 General Trade Contracting Company means a Person who undertakes
or is engaged in the business of contracting General Trade work and who
solicits and advertises such work to the public, except a trade, business,
or occupation otherwise required to be licensed under this by-law and
also except homebuilders who are insured under the Ontario Home
Warranty Program.
1.26 Ground Passenger Transportation Service means the conveyance of
passengers or property by means of a taxicab or Limousine but does not
include buses, tow trucks, or any other Motor Vehicle used for hire for the
conveyance of passengers or property.
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
1.27 Heating Ventilation Air Conditioning Contracting Company means a
Person who undertakes or is engaged in the contracting of heating,
ventilation, and air conditioning work including the installing, repairing,
and maintaining of warm air, hot water or steam heating equipment of any
kind, who solicits and advertises such work to the public, and who either
is himself a Master HVAC Installer or employs a Master HVAC Installer.
1.28 Highway means a highway as defined in the Municipal Act, and includes
a King's Highway as defined in the Highway Traffic Act, or a road, street,
bridge or highway laid out but not assumed for public use or established
by by-law, whether built by a private Person or corporate body.
1.29 Hotel means any Premises in which at least four (4) rooms are provided
for payment for overnight accommodation to the travelling public and
includes a motel, but does not include a Bed and Breakfast
establishment.
1.30 Indoor Mall Trade Show means a Temporary Event Sale held in the
common areas of an enclosed shopping mall.
1.31 Indoor Mall Vendor means a Person who sells products and/or services
directly to consumers from a common area of an enclosed shopping mall.
1.32 Issuer of Licences includes the Town Clerk and any Person designated
by the Town Clerk.
1.33 Journeyman Plumber means a Person who has been issued a
certificate of qualification by the Province of Ontario, and who having
served an apprenticeship is qualified to work in the plumbing trade under
the direction of another more qualified Person.
1.34 Licensee means the holder of a Licence.
1.35 Limousine means a luxury Motor Vehicle used for hire for the
conveyance of passengers that is not equipped with a Taxicab Meter for
the collection of fares.
1.36 Limousine Owner means a Person who owns a Limousine(s) or has
possession or control of a Limousine(s) and offers such Motor Vehicle(s)
for hire.
1.37 Master HVAC Installer means a Person who is skilled in the planning,
superintending and installation of warm air, steam and hot water heating
systems, air conditioning and ventilation systems, and equipment used in
connection therewith, who engages in such work, and who is familiar
with the laws, rules, and regulations governing same.
1.38 Master Plumber means a Person who is skilled in the planning,
superintending, and installing of plumbing, who engages in such work,
and who is familiar with the laws, rules, and regulations governing same.
- 5 -
1.39 Medical Certificate means a certificate prepared by a duly qualified
medical practitioner licensed under the Regulated Health Professions
Act, 1991 attesting as to whether or not a Person is physically fit, free of
communicable disease, and able to operate a Motor Vehicle.
1.40 Mobile Food Service means a Motor Vehicle that moves from place to
place and from which food or refreshments are sold or offered for sale to
the public.
1.41 Mock Auction means the auctioning of goods wherein the auctioneer
leads Persons in attendance at an Auction to believe that a potential
purchaser has made a bid on an item, which bid has not been made.
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
1.42 Motor Vehicle means a Motor Vehicle as defined under the Highway
Traffic Act.
1.43 Motorized Vehicle Raceway means any Premises where motorcycles,
dirt bikes, go-carts, or other Motor Vehicles are operated for the holding
of races on a defined prepared course open to the public and/or for profit
but does not include a Premises on which the Owner operates only his
own Motor Vehicles for personal use.
1.44 Municipal Law Enforcement Officer means an employee of the Town
so appointed by Council and under the authority of the Police Services
Act for the purpose of enforcing Town by-laws.
1.45 Newspaper Distribution Box includes any coin-operated or other box
or stand that holds newspapers, periodicals, or other printed material for
access by the general public.
1.46 Non-store Direct Selling means the sale of goods at an Auction,
Temporary Event Sale, Indoor Mall Trade Show, from a Newspaper
Distribution Box or from a Person such as a Temporary Vendor,
Pawnbroker, Second Hand Goods Dealer, or Sign Distributor and
includes the business of film location production shoots.
1.47 Officer includes a Municipal Law Enforcement Officer or other law
enforcement Officer, public health inspector, fire safety Officer, peace
Officer, or other Person that Council for the Town may designate a
Regional Municipality of Halton Police Officer or a Provincial Offences
Officer.
1.48 Off-Street Parking means the parking of a Motor Vehicle that either is
licensed for the current year, or meets the requirements of the Highway
Traffic Act, on land not deemed to be a Highway.
1.49 Operation of a Crusher means the loading and unloading of a crusher
compacting machine in a Recycling Establishment.
1.50 Operator includes a Person who, alone or with others, manages,
supervises, runs or controls the Premises in which a business is located.
1.51 Owner includes a Person who, alone or with others, owns or has a right
to possess or occupy, or actually does possess or occupy, the Premises
in which a business is located and includes a lessee of any Premises in
which a business is located.
1.52 Owner's Plate means a plate issued by the Town to the Owner of a
Motor Vehicle(s) licensed under this By-law, including a taxicab,
Accessible Taxicab, Limousine, tow truck, driving school Motor Vehicle,
and refreshment Motor Vehicle.
1.53 Pawnbroker means a Person who carries on the business of taking by
way of pawn or pledge, any article for the repayment of money lent
thereon as defined in the Pawnbrokers Act, R.S.O. 1990.
- 6 -
1.54 Person includes an individual, corporation, partnership, company, firm,
association, or party and includes the successors, assigns, heirs,
executors, administrators, or other legal representative of a Person to
whom the context can apply according to law.
1.55 Personal Care Service Establishment means any Premises in which
one or more of the following personal care procedures for any part of the
body are provided as the primary business, including acupuncture, hair
cutting and styling, manicure and nail treatments, electrolysis, tattooing,
tanning, micropigmentation, body and ear piercing, Beauty Treatment,
and includes the retail sale of incidental products but does not include a
Body Rub Parlour.
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
1.56 Pet Care and Breeding Service Establishment means any Premises in
which services or products for animals are sold and includes a Canine
Boarding and Breeding Establishment, pet store, pet food and pet supply
store.
1.57 Plumbing Contracting Company means a Person who undertakes or
is engaged in the business of contracting for plumbing work, who solicits
and advertises such work to the public, and who either is himself a
Master Plumber or employs a Master Plumber.
1.58 Portable Food Service means a booth, concession, cart or other
moveable device where food is prepared, or where pre-packaged food is
offered for sale, but does not include a motorized vehicle.
1.59 Premises means land, including any and all buildings or structures, or
any part of a building or structure thereon used in the operation of a
business, trade, or occupation and includes any Motor Vehicle or
conveyance but does not include part of a Premises that is used as a
private residence; or a Premises located in a dwelling where the only
employees of that Premises are Persons who live in the dwelling.
1.60 Public Assembly Hall means any privately-owned Premises that are
offered for use, or are used, as a place of public assembly, for events,
banquets, and public performance concerts, but does not include a
theatre, a school, or municipal or religious Premises.
1.61 Public Event is an event to which the public is invited requiring the
approval of more than one agency or authority including but not limited to
matters respecting health, parking, noise, building, lottery licensing,
LCBO, TSSA, fire, police, and traffic.
1.62 Race Track Operation (Horses and Dogs) means any Premises used
for the holding of horse or dog races on a defined prepared course.
1.63 Recreational Vehicle Trailer and Tourist Camp means any Premises
used as a camping or parking ground or upon which cabins, trailers, or
tents used for the temporary living, sleeping, or eating accommodation of
the travelling public are placed, located, kept or maintained, whether or
not a fee is charged.
1.64 Recycling Establishment means any Premises where materials are
recovered for reuse, and includes but is not limited to a Salvage Yard.
1.65 Refreshment Cycle/Ice Cream Cart means a non-motorized vehicle
including a tricycle or bicycle type vehicle, manual push cart or pull
behind trailer from which ice cream, frozen treats or cold beverages are
sold during the spring and summer seasons.
1.66 Register means a written record containing entries of items or details.
1.67 Restaurant means a building with interior seating where food is
prepared, served, or consumed but does not include a Portable Food
Service, a Mobile Food Service, or a Specialty Food Store.
- 7 -
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
1.68 Retail Trade Establishment means a Premise where non-food
products, dry goods and general merchandise are sold, rented or leased
or are displayed or offered for sale, rent, or lease to the public but does
not include the sale of automobiles, gasoline, food and animals.
1.69 Sale of Second Hand Goods means selling, offering for sale or
displaying for sale, antique items, used goods, wares, materials,
merchandise, or second hand items of any kind by retail.
1.70 Sale of Tobacco means selling, offering for sale or displaying for sale,
cigars, cigarettes, and other tobacco products by retail.
1.71 Salvage Yard means any Premises used for the retrieval, recovery, or
storage of scrap materials for recycling or sale, including the dismantling
and storage of used or wrecked Motor Vehicles and other used
equipment where parts, metals, compounds, fluids, and other waste or
scrap materials are retrieved therefrom and stored for recycling, sale, or
reuse.
1.72 Second Hand Goods Dealer means a Person who sells, offers for sale
or displays for sale, antique items, second hand, or used, goods,
materials, merchandise, or items of any kind in a retail establishment,
other than a resident conducting a yard or garage sale relating to the
occasional sale of surplus domestic items originating from a private
residence or neighbouring residences.
1.73 Septic Tank Contracting Company means a Person who undertakes
or is engaged in the business of contracting for septic tank installation
work, who solicits and advertises such work to the public, and who either
is himself a qualified on-site sewage installer registered by the Province
to supervise septic tank installations or employs an on-site sewage
installer.
1.74 Sign Distributor means a Person who sells, rents or leases, or offers
for sale, rent or lease, or otherwise provides, erects, installs, or locates,
a sign or other advertising device.
1.75 Services or Entertainment includes activities, performance, exhibitions,
viewings, or encounters, but does not include the exhibition of film
approved under the Theatres Act, as amended.
1.76 Silent Auction means an Auction in which written bids are submitted on
cards or electronically during a specified period at the end of which all
the bids are compared.
1.77 Specialty Food Store means any Premises where a specific food such
as meat, seafood, fruit and vegetables, baked goods, ice cream, nuts
and confections intended for human consumption are prepared, offered
for sale, stored or sold.
1.78 Special Sale means to offer for sale goods, wares, and merchandise at
retail, which sale is advertised or described by the use of words such as:
bankrupt, creditor, insolvent, trustee receiver, liquidator, moving out,
selling out, closing out, lease expiry, discontinuing, fire, smoke, water
damage, forced or any other similar words not in the ordinary course of a
retail business.
1.79 Specialty Trade Contractor includes but is not limited to Plumbing
Contracting Company, Master Plumber, Journeyman Plumber, Drain
Contracting Company, Drain Layer, Septic Tank Contracting Company,
Heating Air Conditioning and Ventilation Contracting Company, Master
HVAC Installer, and General Trade Contracting Company.
- 8 -
1.80 Specified Body Areas includes one or more of the following:
in the case of a female Person, her breast; and
in the case of all Persons, the genitals and the anus.
1.81 Specified Sexual Activities includes actual or simulated sexual
intercourse, masturbation, urination, defecation, ejaculation, sodomy,
including bestiality, anal intercourse, and oral sexual intercourse, direct
physical stimulation of clothed or unclothed Specified Body Areas and
flagellation, mutilation, maiming, murder or torture in the context of a
sexual relationship or activity.
1.82 Specialty Vehicle Restoration means the returning of a classic or
antique model of a Motor Vehicle to its former condition.
Repealed by
By-law No.
2023-0090
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Repealed by
By-law No.
2023-0090
1.83 Support Activity for Road Transportation includes towing services
and driving schools providing instruction for the operation of Motor
Vehicles but does not include instructional schools for the operation of
buses or transport trucks.
1.84 Taxicab Broker means any Person who accepts orders for, or
dispatches a taxicab in any manner.
1.85 Taxicab Driver means a Person who drives or operates a taxicab.
1.86 Taxicab Meter means a measuring device used in a taxicab to calculate
the fare payable for a trip.
1.87 Taxicab Owner means the registered Owner of a Motor Vehicle used as
a taxicab according to the records maintained by the Province of
Ontario.
1.88 Taxi Stand means an area located on public or private property
designated by the Town at the request of the property owner for a
specific purpose, who must obtain a licence under this By-law subject to
zoning or other approvals, and in compliance with any terms or
conditions set by Council, to be used by Taxicab Owners and Taxicab
Drivers who are licensed by the Town or authorized by permit under this
By-law while waiting for or picking up passengers or cargo.
1.89 Taxi Stand Broker's Permit means authorization by the Town to permit
a non-Halton Hills Taxicab Broker to dispatch non-Halton Hills taxicabs
and drivers to a designated Taxi Stand at a location in Halton Hills as
specified on the permit.
1.90 Taxi Stand Owner's Permit means authorization by the Town to permit
non-Halton Hills taxicabs in affiliation with an authorized non-Halton Hills
Taxicab Broker to operate at a designated Taxi Stand at a location in
Halton Hills as specified on the permit.
1.91 Temporary Event Sale means the display, demonstration, or sale of
products, and/or services to the public at an event such as an exhibition,
fair, carnival, festival, flea market, trade show, antique show, trunk sale,
tournament sport event, concert, or any other similar Public event by two
(2) or more participants or temporary vendors for a period of not more
than one month in duration and is conducted and overseen by a Person,
foundation, or an organization licensed under this By-law.
1.92 Temporary Vendor means a Person who travels about offering the sale
of products and/or services as a door-to-door salesperson, hawker or
peddler, or operator of a sales stand at an event.
1.93 Towing Service Company means a Person who has possession or
control of a tow truck(s) and engages in collision scene response towing
by arranging for the provision of such tow truck(s) for hire to any Person
who is the Owner or lawfully in possession of a disabled Motor Vehicle to
- 9 -
be towed or any Towing Service Company who provides specialized
equipment or other assistance for hire to another Towing Service
Company.
Repealed by
By-law No.
2023-0090
Repealed by
By-law No.
2023-0090
Amended
by By-law
2008-0003
1.94 Towing Storage Compound means any secure Premises where towed
Motor Vehicles are stored until retrieved, but does not include a Salvage
Yard.
1.95 Tow Truck Driver means a Person employed by a Towing Service
Company and who is responsible for the care and operation of a tow
truck, wrecker, flatbed, or any other towing Motor Vehicle and services
related thereto.
1.96 Town means the Corporation of the Town of Halton Hills and its physical
boundaries as described in the Town's Official Plan.
1.97 Trailer means any vehicle constructed to be attached and propelled by a
Motor Vehicle and that is capable of being used by Persons for living,
sleeping, or eating, even if the vehicle is jacked-up or its running gear is
removed.
1.98 Traveller's Accommodation means a Bed and Breakfast, Hotel,
Recreational Vehicle Trailer and Tourist Camp or other temporary
accommodation for use by the traveling or vacationing public but does
not include a residential unit, group home, residential care facility, or any
residential home licensed under Provincial legislation.
1.99 Vehicle Services Establishment means a Premise for the repair,
maintenance, sale, rent, or lease of Motor Vehicles and includes the
retail sale of incidental products.
2.0
GENERAL REGULATIONS
2.1
No Person shall carry on or engage in any of the businesses, trades, or
occupations listed below within the Town without first having obtained a
licence for the current year:
Amended
by By-law
2008-0003
Amended by
By-law No.
2023-0090
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Adult Entertainment Establishment
Amusement and Recreational Premise
Food and Accommodation Services
Ground Passenger Transportation Service
Non-Store Direct Selling
Personal Care Service Establishment
Recycling Establishment
Retail Trade Establishment
Specialty Trade Contractor
Driving School Operator
Pet Care and Breeding Service Establishment
Vehicle Services Establishment
2.1.1 This section shall apply to any business operating within the Town
even if carried on from a location, outside the boundaries of the
Town
DUTY TO COMPLY WITH OTHER ACTS
2.2
No Licensee, Owner or other Person in control, or apparent control, of a
business licensed under this by-law shall:
2.2.1 contravene any regulation or provision set out in this by-law, any
other municipal by-law, Federal or Provincial Act, Statute, or any
other legislation applicable to a licence issued pursuant to this by-
law; and
- 10 -
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
2.2.2 hold an outdoor Public Event on the Premises without first
obtaining:
2.2.2.1
the written permission of the property Owner;
2.2.2.2
a Public Event permit from the Town, if required; and
2.2.2.3
an exemption from the noise provisions of the Town's
Community Standards By-law, if applicable.
APPLICATION REQUIREMENTS
2.3
Every Person at the time of making application for a licence shall provide:
2.3.1
a completed application form;
Insurance
2.3.2
proof of current Commercial General Liability insurance in a
minimum amount of not less than one (1) million dollars
($1,000,000.00) for Amusement and Recreational
Premises, Food and Accommodation Services, Personal
Care Service Establishments , Specialty Trade Contractors,
Towing Service Company, and Fuel Stations for the term of
the licence with an endorsement that notice in writing at
least thirty (30) days prior to cancellation, expiration, or
variation thereof will be given to the Town by the insurance
underwriter;
Business Name
2.3.3
the Business Name Registration obtained from the Ministry
of Consumer and Business Services, if operating in a name
other than one's own;
Articles of Incorporation
2.3.4
Articles of Incorporation and/or the most recent Initial
Notice/Notice of Change/Annual Return filed with either the
Ontario Ministry of Consumer and Business Services or the
Federal Ministry of Consumer and Corporate Affairs, if a
corporation;
Other Documentation
2.3.5
any other documents set out in the applicable Schedule to
this by-law;
2.3.6
any other documents as may be required to substantiate
compliance with any other legislation to the satisfaction of
the Issuer of Licenses; and
Licence Fee
2.3.7
Except as otherwise provided in this By-law, the required
annual licence fee is in accordance with the Town's
Municipal Rates and Service Charges By-law.
APPROVALS and INSPECTIONS
2.4
Every application or licence must be approved to the satisfaction of
the Town and Regional Municipality of Halton, as required.
Inspections must be satisfactory to and passed by, including but not
limited to, the Engineering, Public Works and Building Services
Department, Zoning, Fire, the Regional Municipality of Halton
Health Department, the Regional Municipality of Halton Police
Services, the Ministry of Transportation of Ontario, the Ministry of
Environment and any other department of the Town, Regional
- 11 -
Municipality of Halton, or Provincial or Federal government, as set
out in the by-law and the applicable Schedule to this by-law prior to
the issuance of a licence.
TERM OF A LICENCE
2.5
A licence shall be valid for a period of up to one year as indicated on the
licence, and shall expire on the following dates set for each class of
business:
Amended by
By-law No.
2023-0090
Adult Entertainment Establishment
Pet Care and Breeding Service Establishment
Specialty Trade Contractor
Non-Store Direct Selling
Amusement and Recreational Premises
Food and Accommodation Services
Ground Passenger Transportation Service
Recycling Establishment
Retail Trade Establishment
Driving School Operator
Personal Care Service Establishment Vehicle
January 31st
February 28th
March 31st
April 30th
May 31st
June 30th
July 31st
August 31st
August 31st
September 30th
October 31st
Services Establishment
November 30th
CALCULATION OF FEE
2.6
When an initial application for a licence for a new business is received
during the license term for that class of business, as prescribed by
Section 2.5,
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
2.6.1
a pro-rated fee may be calculated for every month
remaining in the term of a licence until the expiry date but a
minimum payment of 3 months shall apply;
2.6.2
a part of a month shall count as a full month; and
2.6.3
every licence renewed thereafter shall be subject to the full
annual fee as prescribed in the Town's Municipal Rates and
Service Charges By-law.
ADDITIONAL FEES FOR COSTS INCURRED
2.7
Upon receipt of an invoice thereof, a Licensee shall pay additional fees at
any time during the term of a licence for costs incurred by the Town
attributable to the activities of the business.
LICENCE ALTERATION
2.8
No Person shall alter or modify or permit the alteration or modification of
a licence issued by the Town.
NON-TRANSFERABLE
2.9
A licence issued by the Town is not transferable and the fee is non-
refundable, except as otherwise provided in this by-law.
2.10
No Person shall use, or attempt to use, either a fraudulent licence, or a
license issued to another Person under this by-law.
CHANGE OF DOCUMENT INFORMATION
2.11
A Licensee shall notify the Issuer of Licenses within fifteen (15) days of
any changes to the:
2.11.1
business name;
2.11.2
location of the business Premises;
2.11.3
ownership of the business
- 12 -
and such changes shall be subject to submission of the necessary
documentation as required by the Town.
PROPERTY RIGHT OF LICENCE
2.12
Every licence shall remain at all times the property of the Town and no
Person shall enjoy a vested right in any licence or the continuance of any
licence.
DISPLAY OF LICENCE ON PREMISE OR PERSON
2.13
Every Licensee shall display the licence in a conspicuous place on the
licensed Premises visible to the public at all times.
2.14
Where the Licensee does not have an establishment, the Licensee shall
carry the licence issued by the Town on his or her Person and shall
produce it along with a piece of identification at the request of any Officer.
RESPONSIBILITY OF LICENSEE
2.15
A Licensee shall be responsible for the act(s) and omission(s) of its
employees, representatives and agents in the carrying on of the business
in the same manner and to the same extent as though the Licensee did
the act(s) or omission(s).
2.16
An employee of any business licensed pursuant to this by-law must
comply with all provisions of this by-law that relate to that business.
2.17
Where the Licensee's policy of liability insurance expires, is cancelled, or
is otherwise terminated, then the applicable licence shall be automatically
suspended effective on the date of such expiration, cancellation, or
termination and shall remain so until such insurance has been reinstated.
2.18
No Licensee shall advertise or promote or carry on business under any
name other than the name endorsed upon the licence issued by the
Town.
ACCESSIBILITY REQUIREMENT
2.19
Every Licensee and every Person in control, or apparently in control, of
licensed Premises shall ensure the Premises are universally Accessible
to all Persons by:
2.19.1
removing or eliminating any barrier that creates an
immediate unsafe or hazardous condition;
2.19.2
reducing or eliminating all other barriers in accordance with
any other Act; and
2.19.3
incorporating the barrier-free requirements of the Ontario
Building Code when undertaking significant renovations of
the existing Premises, and when constructing any new
Premises, prior to the opening, re-opening, or relocation of
any new or existing business.
ADMINISTRATIVE SUSPENSIONS
Amended
by By-law
2008-0003
2.20
An administrative suspension of a licence without a hearing shall be
imposed for:
2.20.1
Fourteen (14) days if the Issuer of Licences is satisfied that
the continuation of the business poses an immediate
danger to health or safety of any person or to any property.
Before any suspension is imposed hereunder, the Issuer of
Licences shall provide the licensee with the reasons for the
- 13 -
suspension, either orally or in writing, and an opportunity to
respond to them; and
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
2.20.2
Twenty-eight (28) days in the case of a licence authorizing
a business to operate on a highway or other property of the
municipality or its local boards, for any of the following
reasons:
2.20.2.1
the holding of a special event;
2.20.2.2
the construction, maintenance or repair of
public property;
2.20.2.3
the installation, maintenance or repair of a
public utility service;
2.20.2.4
pedestrian, vehicular or public safety or public
health.
2.21
An administrative suspension imposed under Section 2.20 may be
imposed on such conditions as the Issuer of Licences considers
appropriate.
3.0
GROUNDS FOR REFUSAL, REVOCATION, OR SUSPENSION
3.1
An applicant or Licensee is entitled to a licence upon meeting the
requirements of this by-law except where:
3.1.1
the past or present conduct of any Person, including the
officers, directors, employees or agents of a corporation
affords reasonable cause to believe that the Person will not
carry on or engage in the business in respect of which the
application is made in accordance with the law or with
honesty and integrity; or
3.1.2
the applicant or Licensee has past breaches of any law and
any outstanding fines imposed by a court for the
contravention of any provision of this by-law or any other
municipal by-law or Provincial statute associated with the
carrying on of such business; or
3.1.3
the issuing of a licence would be contrary to the public
interest with respect to health and safety, consumer
protection, or nuisance control; or
3.1.4
the applicant or Licensee has submitted an application or
other documents to the Town containing false statements,
incorrect, incomplete, or misleading information; or
3.1.5
the applicant or Licensee is carrying on or engaging in
activities that are, or will be, if the applicant or licensee is
licensed, in contravention of this by-law, or any other
applicable law; or
3.1.6
the applicant or Licensee has not paid the required licence
fee.
Amended
by By-law
2008-0003
COUNCIL'S POWER TO REFUSE, REVOKE, SUSPEND A LICENCE,
IMPOSE CONDITIONS INCLUDING SPECIAL CONDITIONS
3.2
Upon recommendation to General Committee, in-camera, by the Issuer of
Licences, General Committee may recommend to Council to revoke,
suspend, refuse to issue, or refuse to renew a licence, where the
applicant or Licensee would not be entitled to a licence, or to the renewal
of a licence, on any grounds set out in this by-law.
- 14 -
3.3
Where an application for a licence has been refused, revoked,
suspended or cancelled, the fees paid by the applicant or Licensee, in
respect of the application for a licence, shall be refunded less any
administrative costs incurred by the Town.
3.4
Council may 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.
3.5
Council may impose conditions, including special conditions, as a
requirement of continuing to hold a licence at any time during the term of
the licence.
4.0
RIGHT TO A HEARING
4.1
With the exception of Sections 2.17 and 18.7, before a licence is refused,
revoked, suspended, cancelled, or issued with conditions or special
conditions, written notice shall be given to the applicant or Licensee that a
recommendation is to be made to Council with respect to the licence
application.
4.2
Notice shall be served by personal delivery or by registered mail to the
applicant's or Licensee's last known address filed with the Town and
shall:
Amended
by By-law
2008-0003
4.2.1
contain sufficient information to specify the nature of, or
reason for, any recommendation;
4.2.2
inform the applicant or Licensee of entitlement to a hearing
before a committee of Council on the recommendation, if a
request in writing for a hearing is returned to the Issuer of
Licences within fifteen (15) days after the date of service of
the notice; and
4.2.3
inform the applicant or Licensee that if no written request is
received, Council may proceed and make any decision with
respect to the licence.
4.3
On receipt of a written request for a hearing from an applicant or
Licensee, the Issuer of Licences shall schedule;
4.3.1 a hearing which shall be in-camera before a Committee of
Council; and
4.3.2 shall give the applicant or Licensee notice of hearing at least
twenty (20) days prior to the hearing date.
4.4
Service of any notice on the Licensee or applicant under this by-law shall
be made by personal delivery or by registered mail. The notice shall be
deemed to have been served on the seventh (7th) day after the day of
mailing or on the date of personal delivery.
HEARING OF THE COMMITTEE OF COUNCIL
4.5
The provisions of the Statutory Powers Procedure Act, R.S.O. 1990, c
S.22, as amended, shall apply to all hearings conducted under this by-
law.
4.6
When a Person who has been given written notice of the hearing does
not attend at the appointed time and place, the committee of Council may
proceed with the hearing in his absence, and the Person shall not be
entitled to any further notice of the proceedings.
4.7
At the conclusion of the hearing, the committee of Council shall submit a
report of the hearing summarizing the relevant evidence and arguments
- 15 -
presented by both parties, setting out the findings of fact, making
recommendations to Council, and setting out the reasons for such
recommendations.
4.8
Council may uphold or vary the recommendation of the committee of
Council or make any decision that the committee could have made.
Council's decision on the matter is final and binding.
4.9
The Issuer of Licences shall send written notice of the decision of Council
by registered mail or by personal delivery to the applicant or Licensee
within five (5) days of such decision.
4.10 A licence that has been revoked, suspended, or cancelled shall be
returned to the Issuer of Licences within two (2) days of service of the
notice of decision of Council.
4.11 When a revoked, suspended or cancelled licence has not been returned,
an Officer may enter upon the Premises for the purpose of receiving,
taking, or removing the said licence.
5.0
POWER OF ENTRY and INSPECTION
Amended
by By-law
2008-0003
5.1
In order to assess and determine compliance with the provisions of this
by-law, including the determination of an unlicensed business, an Officer
is entitled to access, and may at any reasonable time inspect any
Premises used for the business, and the equipment, Motor Vehicles,
records, documents, and other personal property used or kept for hire in
the carrying on of the business, and may remove documents or things
that are relevant to the licensed business for the purpose of making
copies or extracts. An Officer shall return such documents within twenty-
four (24) hours of removal.
5.2
An Officer may at any time of day or night, enter an Adult Entertainment
Establishment licensed, regulated, and governed under this by-law to
determine whether the by-law is being complied with and, for this
purpose, may make such examinations, investigations, and inquiries as
are necessary.
5.3
No Person shall construct or equip any Premises used for a business
licensed under this by-law so as to hinder the enforcement of this by-law.
5.4
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any
Officer or Person exercising a power or performing a duty under this by-
law.
6.0
OFFENCES
6.1
Where a Person has not renewed a licence by the expiry date, the licence
is deemed to have expired. Any Person who carries on or engages in a
business after a licence has expired is deemed to be operating without a
licence in contravention of this by-law.
6.2
No Licensee shall operate his or her business when any condition
imposed upon his or her licence is not fulfilled.
6.3
Any Person who contravenes any provision of this by-law is guilty of an
offence.
6.4
Any Licensee or Person in control or apparent control of Premises
licensed under this by-law who fails to identify himself or herself to an
Officer who is investigating a breach of this by-law shall be deemed to
have hindered or obstructed the Officer in the performance of his or her
duties.
- 16 -
7.0
PENALTIES
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
7.1
Every Person who contravenes this by-law, and every director or officer of
a corporation, who concurs in the contravention by the corporation, is
guilty of an offence and on conviction is liable to a fine not exceeding one
hundred thousand dollars ($100,000.00) as provided for in the Municipal
Act, 2001, as amended.
7.2
Not withstanding Subsection 7.1, every Person who is guilty of a
continuing offence, on conviction is liable to a fine of no less than five
hundred dollars ($500.00), and no more than ten thousand dollars
($10,000.00) for each day or part of a day that each offence continues,
and the total of all fines for each offence is not limited to one hundred
thousand dollars ($100,000.00) as provided for in the Municipal Act,
2001, as amended.
7.3
Every person who owns or operates an Adult Entertainment
Establishment who contravenes this by-law, and every director or officer
of a corporation who concurs in the contravention by the corporation, is
guilty of an offence and on conviction is liable to the fines mentioned in
subsections 7.1 and 7.2 or to a special fine or to imprisonment for a term
not exceeding one year, or to both a fine and imprisonment as provided
for in the Municipal Act, 2001, as amended.
7.4
AMPS By-law - Non-Parking being By-law Number 2025-0008, as
amended, applies to this By-law. Every Person who contravenes a
provision of this By-law designated in Schedule C of By-law Number
2025-0008, as amended, shall upon the issuing of a penalty notice be
and is liable to pay to the Town an administrative penalty in the amount
set out in By-law Number 2025-0008, as amended."
8.0
SEVERABILITY
Should any section, clause or provision of this by-law be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of this
by-law as a whole or any part thereof, other than the part, which is declared
invalid.
9.0
INDEMNITY
Notwithstanding the existence of any liability insurance or the failure of the Town
to require the acquisition of such insurance, the applicant or Licensee hereby
releases and forever discharges, and indemnifies and saves harmless, the
Town, its officials, servants, employees and agents from any and all claims,
demands, damages, losses, actions, causes of action or other liability sustained
or suffered by the applicant, Licensee or any Person by reason of the issuance
of any license, the acts or omissions of a Licensee or Person acting on his
behalf, or anything done or omitted to be done in any way connected with an
application or a licence under this by-law.
10.0 SCHEDULES
The Schedules attached hereto form and are part of this by-law.
11.0 MEANING
For the purpose of this by-law, where the words "his" or "he" are used they shall
also mean or stand for the words "her" or "she" and, in the case of a corporation,
"it" and where the singular is used it shall also mean or stand for the plural.
Amended
by By-law
2025-0008
- 17 -
12.0
AMENDMENT and REPEAL OF BY-LAWS
THAT By-law No. 2001-0025, By-law No. 1984-0122, and By-law No. 1981-0141
respecting the Licensing of Businesses, By-law No.1985-0006, By-law No. 1986-
0097 and By-law No. 1992-0118 respecting the licensing of Trailers, By-law No.
1997-0162 respecting the licensing of Refreshment Vehicles, By-law No. 1996-
0167, By-law No. 2001-0118, By-law No. 2001-0128, and By-law No. 2002-0051
respecting the licensing of Salvage Yards, By-law No. 2002-0084 respecting the
licensing of Taxicabs and Limousines, and By-law No. 1981-0036 and By-law
No.1997-0162 respecting the licensing of Lodging Houses, and By- law No. 1997-
183 respecting Bed and Breakfast Establishments are hereby repealed in their
entirety.
THAT By-law No. 2004-0023 respecting the licensing of Salvage Yards is
hereby amended by deleting Sections 1,2,3,4,5,7 and 8.
THAT By-law No. 1994-0077 respecting animal control is hereby amended by
deleting Section 3 and Schedule 'A' regarding the licensing of Canine Breeding
and Boarding Establishments.
THAT By-law No. 2005-0017 be amended by deleting Lines 20 to 86 inclusively,
as contained on Pages 12 and 13 of Schedule "A" and replacing it with
Schedule "A" of this By-law.
13.0
CONFLICT
Where this by-law conflicts with another by-law of the Town, the higher
standard shall prevail.
14.0
EFFECTIVE DATE
This by-law shall come into force and take effect on the date of its enactment.
BY-LAW read and passed by the Council of the Town of Halton Hills this 28th day of
June, 2005.
Originally Signed By:
MAYOR Rick Bonnette
Originally Signed By:
CLERK Karen Landry
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Schedule "A" to By-law No. 2005-0067
Adult Entertainment
In addition to the other requirements of this By-law, the following regulations apply to Adult
Entertainment Establishments as defined in this Schedule.
Interpretation
1.
In addition to the terms defined in the general section of this By-law, the following terms
shall have the corresponding meanings;
"Adult Entertainment Establishment" means any Body Rub Parlour or any Adult
Entertainment Parlour where services, products or entertainment appealing to, or
designated to appeal to, erotic or sexual appetites or inclinations are provided in the
Premises or part thereof, but does not include Adult Novelty Store.
"Adult Entertainment Owner Operator" means a Person who alone or with others owns
or has a right to possess or occupy, or actually does possess or occupy, manages,
supervises, runs or controls Premises in which an Adult Entertainment Establishment
business is located and includes their designate or official agent and the lessee of any
Premises in which an Adult Entertainment Establishment is located.
"Adult Entertainment Parlour" shall mean any Premises or part thereof in which there is
provided, in pursuance of a trade, calling, business or occupation; services or
entertainment appealing to, or designed to appeal to, erotic or sexual appetites or
inclinations.
"Adult Mini-Theatre" is an Adult Entertainment Establishment in which live adult
entertainment performance, adult motion pictures, videos, tapes, digital video discs,
slides or similar electronic or photographic reproductions, the principal feature of which
is nudity or partial nudity of any Person, are viewed or shown in a separate viewing area
with a seating capacity of one to twenty seats.
"Adult Novelty Store" is a store that sells products related to adult sexual or erotic
entertainment, including but not limited to, adult magazines, videos, pornographic
novelties/toys and clothing.
"Body Rub" shall mean the kneading, manipulating, rubbing, massaging, touching, or
stimulating, by any means, of a Person's body or part thereof but does not include;
a) medical or therapeutic treatment given by a Person duly qualified, licensed, or
registered to do so under the laws of the Province of Ontario; or
b) alternative health care services, such as shiatsu and reflexology, given by a
Person duly qualified to provide such services through completion of formal
courses and education and training in the provision of such service offered by an
organization or institution that has the qualifications to provide such services.
"Body Rub Parlour" shall mean any Premises or part thereof where a Body Rub is
performed, offered or solicited in pursuance of a trade, calling, business, or occupation,
but shall not include:
a) any Premises or part thereof where Body Rubs are performed for the purpose of
medical or therapeutic treatment and are performed by Persons duly qualified,
licensed, or registered to do so under the laws of the Province of Ontario; or
b) any Premises or part thereof where Body Rubs are performed for the purpose of
alternative health care services such as shiatsu and reflexology, and are
performed by Persons of duly qualified to provide such services through
completion of formal courses and training in the provisions of such service
offered by an organization or institution that has the qualifications to provide such
services.
"Entertainer" means a Person other than a licensed Adult Entertainment Owner Operator
and who is of age of majority, who provides services or entertainment appealing to, or
designed to appeal to, Erotic or sexual appetites or inclinations.
"Specified Body Areas" includes one or more of the following:
a) in the case of a female Person, her breasts; and
b) in the case of all Persons, the genitals and the anus.
"Specified Sexual Activities" includes actual or simulated sexual intercourse,
masturbation, urination, defecation, ejaculation, sodomy, including bestiality, anal
intercourse, and oral sexual intercourse, direct physical stimulation of clothed or
unclothed Specified Body Areas and flagellation, mutilation, maiming, murder or torture
in the context of a sexual relationship or activity.
Inspections
2.
The issuance of an Adult Entertainment Establishment licence shall be subject to:
a)
inspection/approval from the Halton Hills Fire Department;
b)
inspection/approval from the Halton Region Health Department;
c)
inspection/approval from an Officer of the Town, and;
d)
approval from the Town's Zoning Officer.
2.1
The issuance of an Adult Novelty Store licence shall be subject to:
a)
inspection/approval from the Halton Hills Fire Department;
b)
inspection/approval from an Officer of the Town, and;
c)
approval from the Town's Zoning Officer.
Permitted in Defined Area Only
3.
An Adult Entertainment Establishment shall be located in a zone that specifically permits
such us in accordance with the Town's Official Plan and the applicable Zoning By-law.
Limited Number
There shall be a maximum number of two (2) licenses granted to Adult Entertainment
Establishments in the Town.
Application Requirements
4.
No Licence shall be issued to an Adult Entertainment Owner Operator unless the
applicant or licensee:
a)
appears in Person;
b)
produces two (2) pieces of identification, one (1) of which contains a photograph
to the satisfaction of the Issuer of Licenses;
c)
submits a detailed floor plan, drawn to scale, of the Adult Entertainment
Establishment with details of the designated entertainment area and the location
of any stage, doors, walls, seating areas, offices, kitchen, washroom facilities,
bar area, dressing rooms, closets, storage areas, exits, and partitions that is
approved by the Town;
d)
in the case of an Adult Entertainment Establishment located in a multi-purpose
building with common access for the general public, the detailed floor plan
submitted for approval pursuant to clause c) must provide for a separate
entrance for the Adult Entertainment Establishment.
e)
submits a copy of a Police Clearance Certificate issued by the Halton Regional
Police Service or by the Police Service for the jurisdiction in which the applicant
or licensee resides, obtained within 30 days of application;
f)
submits a Site Plan of the Premises indicating the part of the Premises to be
utilized by the Adult Entertainment Establishment;
g)
provides a description of the type of Services and Entertainment to be offered
and advertised and the prices for such Services and Entertainment;
h)
provides the identity and address of every Person having any interest, direct or
indirect, any trust arrangement, or any financial or contractual or other
arrangement with respect to the ownership of operation of any business licensed
under this by-law;
i)
provides the identity and address of every Person having any beneficial interest,
direct or indirect, in the business and every Person having a right to receive
income, revenue or benefits of any kind arising out of the operation of such
business, or any Person who in fact receives such income, revenue, or benefit;
j)
provides a copy of the lease demonstrating the applicant's right to possess or
occupy the Premises, if any, and a copy of any other document constituting or
affecting the legal relationship between the applicant or Licensee and the
registered property owner, if the applicant or Licensee is not the registered
property owner; and
k)
has the property Owner sign the initial application form, thereby authorizing an
Officer, at any time, to enter upon the Premises named in the application to carry
out inspections.
Adult Entertainment Owner Operator in Attendance at all Times
5.
No Adult Entertainment Owner Operator shall permit any Person other than a licensed
Adult Entertainment Owner Operator to operate an Adult Entertainment Establishment.
6.
No Person shall open an Adult Entertainment Establishment for business, or allow an
Adult Entertainment Establishment to remain open for business, or provide any Services
or Entertainment unless a licenses Adult Entertainment Owner Operator is in attendance
on the Premises during all hours of business.
Hours of Operation
7.
No Person shall operate or permit to be operated an Adult Entertainment Establishment
except between 11:00 a.m. on any one day and 1:00 a.m. on the following day.
8.
No Person shall operate or permit to be operated an Adult Entertainment Establishment
on Christmas Day, Good Friday and Easter Sunday.
Doors to be Kept Unlocked
9.
No Person shall permit the doors or other principal means of access into the Adult
Entertainment Establishment to be kept locked during the hours of operation.
No Entry or Services to Persons Under Age 18
10.
No Person carrying on or engaged in an Adult Entertainment Establishment or Adult
Novelty Store shall permit any Person under the age of eighteen (18) years to enter or
remain in the Adult Entertainment Establishment or Adult Novelty Store or any part of it.
11.
No Person shall provide Services or Entertainment in an Adult Entertainment
Establishment to a Person under the age of eighteen (18) years.
Physical Contact Prohibited
12.
No Person shall permit, allow or cause any Entertainer while providing Services or
Entertainment, to touch, or be touched by, or have physical contact with any other
Person in any manner whatsoever involving any Specified Body Areas or Specified
Sexual Activities.
13.
No Entertainer shall, while providing Services or Entertainment, touch or allow, permit or
cause herself or himself to be touched or have physical contact with any other Person in
any manner whatsoever involving any Specified Body Areas or Specified Sexual
Activities.
Obstructed View of Entertainment Area Prohibited
14.
No Person shall permit Services or Entertainment to be provided in any area of the
Premises other than the designated entertainment area shown on the approved floor
plan.
15.
All Services or Entertainment provided by an Entertainer shall be provided within view of
staff and other patrons of the Adult Entertainment Establishment, without obstruction by
any Person or any thing including, but not limited to, doors, walls, curtains, or any other
enclosure, opaque glass, fog, or inadequate lighting.
16.
No Person shall permit, allow, offer, or cause to be permitted Services or Entertainment
in any cubicle, private room, or other area partitioned off from any room(s) where
Services or Entertainment are generally provided to patrons.
17.
The interior of an Adult Entertainment Establishment must not be visible form the
exterior.
Photographic/Recording Equipment Prohibited From Use
18.
No Person shall use, or permit to be used any camera or other photographic or
recording device in, upon or at an Adult Entertainment Establishment for any use other
than for security purposes. This prohibition does not apply to an Officer in the exercise
of his duties under this by-law.
Health Notices To Be Posted
19.
Every Adult Entertainment Owner Operator shall post or cause to be posted notices in
the washrooms, employee dressing rooms, and at public entrance areas to advise
patrons and employees that physical contact is prohibited and that sexually transmitted
infections can be transmitted through unprotected physical contact.
Employee List Required
20.
Every Adult Entertainment Owner Operator shall provide a list to the Issuer of Licenses
upon application or request setting out the names of every attendant, Entertainer, and
employee of the Adult Entertainment Establishment and shall keep such list continually
updated on an on-going basis.
21.
Every Adult Entertainment Owner Operator shall notify the Issuer of Licenses within
twenty-four (24) hours of any change to the persons on the employee list.
Entertainer's Licence
22.
No Adult Entertainment Owner Operator shall allow any Entertainer to provide Services
or Entertainment in an Adult Entertainment Establishment without first confirming that
the Person is license and has a valid Entertainer's licence issued by the Town.
23.
Every Entertainer shall:
a)
provide proof of age by producing at least two pieces of identification, of which
one contains a photo to the satisfaction of the Issuer of Licenses;
b)
agree to have a photo taken by the Town;
c)
submit a copy of a Security Clearance Request Issued by the Halton Regional
Police Service or the Police Service for the jurisdiction in which the Entertainer
resides, obtained within thirty (30) days of application;
d)
submit a Medical Certificate stating that the Entertainer is free of any
communicable diseases and in good health;
e)
return his or her Entertainer's licence upon expiry; and
f)
report the loss of such license within twenty-four (24) hours of the occurrence to
the Issuer of Licences.
Signage and Advertising
24.
Every licensee of an Adult Entertainment Establishment shall:
a)
exhibit a sign bearing the words "Licensed Adult Entertainment Parlour" or
"Licensed Body Rub Parlour" over the street door or in the lower front window of
the Premises visible on the exterior of the Premises;
b)
not erect a projecting sign, inflatable advertising device, portable and trailer
signs, or sandwich board sign or electronic sign related to such business;
c)
not include pictorial or symbolic representation of Specified Body Areas, and or
Specified Sexual Activities on exterior signs and advertising;
d)
not erect any sign on the interior of the premises visible from the exterior of the
premises, except for the sign prescribed by subsection 24(a);
e)
not advertise by means of any poster, flyer, handbill or other printed material
other than in the interior of the Premises, a newspaper, or telephone directory;
and
f)
not advertise by loudspeaker or other means of oral or audible communication
from the Premises.
Adult Novelty Store
25.
Every licensee of an Adult Novelty Store shall:
a) Exhibit a sign stating there will be No admittance to anyone under the age of 18
years. This sign must be posted and clearly visible on all entrance doors of the
Premises.
26.
No Licensee of an Adult Novelty Store shall:
a)
Operate an Adult Mini-Theatre
b)
Offer any Body Rub services or other services offered at an Adult Entertainment
Establishment
Schedule "B" to By-law No. 2005-0067
Amusement and Recreational Premises
In addition to the other requirements of this By-law, the following regulations apply to
Amusement and Recreational Premises as defined in this Schedule.
Interpretation
1.
In addition to the terms defined in the general section of this By-law, the following terms
shall have the corresponding meanings;
"Amusement and Recreational Premises" means Premises which include but are not
limited to an amusement arcade, including coin or token operated games, a paintball,
laser tag, or billiard establishment, a bowling centre or a cinema, golf courses and
country clubs, mini-golf, or a driving range, amusement rides, or a Public Hall, but does
not include an Adult Mini-Theatre.
"Public Hall" means any privately-owned Premises that are offered for use, or are used,
as a place of public assembly, for events, banquets, and public performance concerts,
but does not include a theatre, a school, or municipal or religious Premises.
Inspections
2.
The issuance of an Amusement and Recreational Premises licence shall be subject to:
a)
inspection/approval from the Halton Hills Fire Department;
b)
inspection/approval from the Halton Region Health Department;
c)
approval from the Town's Zoning Officer
Application Requirements - General
3.
In addition to the application requirements as set out in the general section of this By-
law, every person at the time of making application for a Food Business license shall
provide:
a) a Certificate of Insurance completed and signed by the applicant's Insurance
Broker providing proof of Commercial General Liability insurance in a minimum
amount of not less than (2) million dollars ($2,000,000) with an endorsement that
notice will be given to the Certificate Holder in writing at least (30) days prior to
cancellation, expiration, or variation thereof. The Town of Halton Hills must be
listed as the Certificate Holder.
Additional Inspections
4.
The issuing of an Amusement and Recreational Premises licence for an exhibition, trade
show and a public performance concert shall be subject to an inspection by the Traffic
Section of the Planning & Infrastructure Services Department.
5.
The issuing of an Amusement and Recreational Premises licence where amusement
riders are offered shall be subject to:
a)
proof of a current annual inspection by the Technical Standards & Safety
Authority, or its successor for each ride; and
b)
authorization by the Technical Standards & Safety Authority, or is successor to
carry on the business of operating amusement devices.
6.
The issuing of an Amusement and Recreational Premises licence for a Public Assembly
Hall, public performance concert or where amusement rides are offered shall be subject
to a Hydro inspection by the Electrical Safety Authority for the current year.
Additional Requirements
7.
Every Amusement and Recreational Premises licensee shall:
a)
post adequate safety measures for the use and enjoyment of the Premises in a
conspicuous locations for the benefit of users;
b)
ensure that a customer, parent, or guardian of Person under the age of sixteen
(16) years who is attending at the Premises is aware of any risk of injury prior to
engaging in an activity;
c)
provide the customer with basic instruction on use of equipment and the rules of
the Premises where there may be risk involved;
d)
ensure that all entrances, exits, and corridors are free of obstruction at all times;
and
e)
keep all washroom facilities operable, clean and sanitary.
8.
No Licensee of an Amusement and Recreational Premises shall operate an Adult-Mini
Theatre or Adult Entertainment Establishment.
Schedule "C" to By-law No. 2005-0067
Food Business
In addition to the other requirements of this By-law, the following regulations apply to Food
Business as defined in this Schedule.
Interpretation
1.
In addition to the terms defined in the general section of this By-law, the following terms
shall have the corresponding meanings:
"Catering Company" means any business in which food is prepared off site or at the
caterer's regular Premises, by a Person or Persons and provided to the public for hire or
gain at a personal or public event or function.
"Department Store" means any premises primarily engaged in the sale of a wide range
of products constituting a separate department within the store and includes
prepackaged food.
"Food Business" shall mean any business for the purpose of which any person
engages in the handling of food and where grocery items are sold at retail and where
other accessory merchandise including but not limited to convenience items,
household supplies, hardware, patent medicines, personal care products and garden
centre products may be sold. Food Business includes, but is not limited to:
restaurant, specialty food store, take-out restaurant, department store, catering
company, pharmacy, pet food store, convenience store, gas station where food is sold.
"Restaurant" means a building with interior seating where food is prepared and offered
for sale and where facilities are provided for the consumption of such food with a seating
capacity greater than six seats on the premises.
"Specialty Food Store" means any premises where a specific food including but not
limited to meat, seafood, fruit and vegetables, baked goods, ice cream, nuts and
confections intended for human consumption are prepared, offered for sale, stored or
sold.
"Take-out Restaurant" means a building with interior seating where food is prepared and
offered for sale and where facilities are provided for the consumption of such food with a
maximum seating capacity of six seats on the premises.
Farm Produce Exemption
2.
Resident farmers selling their own produce or produce originating from another Ontario
farm from their property are exempt from requiring a business licence for the sale of
such produce.
a) Notwithstanding Section 2 above, no person shall sell any farm produce on the
side of any Highway.
Application Requirements - General
3.
In addition to the application requirements as set out in the general section of this By-
law, every person at the time of making application for a Food Business license shall
provide:
a) a Certificate of Insurance completed and signed by the applicant's Insurance Broker
providing proof of Commercial General Liability insurance in a minimum amount of
not less than (2) million dollars ($2,000,000) with an endorsement that notice will be
given to the Certificate Holder in writing at least (30) days prior to cancellation,
expiration, or variation thereof. The Town of Halton Hills must be listed as the
Certificate Holder.
Inspections
4.
The issuance of a Food Business licence shall be subject to:
a)
inspection/approval from the Halton Hills Fire Department;
b)
inspection/approval from Halton Region Health Department; and
c)
approval from the Town that the Premises meets zoning requirements
5.
All Food Businesses shall maintain the Premises at all times in a clean and sanitary
condition free from dust, dirt, fumes and the accumulations of food waste or other refuse.
6.
All Food Businesses shall keep all entrances, exits, and corridors free from obstruction
at all times.
7.
All Food Businesses shall keep all washroom facilities operable, clean and sanitary.
8.
Any person operating a Food Business shall take suitable precautions to prevent
infestation of the premises by rodents, insects, and vermin.
9.
No person or licensee of a Food Business shall allow dogs, cats or other animals at any
time in the cooking area or in any part of the Premises where food is kept, stored,
prepared or cooked;
a)
Notwithstanding Section 9 above, no person or licensee of a Food Business shall
refuse to serve or permit any person being aided by an official service dog to
enter, remain in or upon the Premises with such dog.
10.
No Licensee of a Food Business shall offer for sale or display fireworks without first
obtaining a permit issued by the Halton Hills Fire Department.
11.
No person licensed under this schedule shall knowingly allow an employee to be
engaged in their business if it is know that such employee suffers from any
communicable or contagious disease.
Schedule "D" to By-law No. 2005-0067
Commercial Refreshment Vehicles
In addition to the other requirements of this By-law, the following regulations apply to
Commercial Refreshment Vehicles as defined in this Schedule.
Interpretation
1.
In addition to the terms defined in the general section of this By-law, the following terms
shall have the corresponding meanings;
"Commercial Refreshment Vehicle", hereafter referred to as "CRV", shall mean any
vehicle from which refreshments are sold, and/or distributed for consumption by the
public and includes but is not limited to carts, wagons, trailers, trucks and bicycles,
regardless of the type of motive power employed to move the refreshment vehicle from
one point to another
"Class "A" CRV" shall mean a motorized vehicle equipped for the preparation, cooking
and sale of food to the public.
"Class "B" CRV" shall mean a motorized vehicle from which the refreshments for sale to
the public are pre-packaged or prepared in a place other than the CRV and includes
catering food trucks and ice cream trucks.
"Class "C" CRV" shall mean a non-motorized vehicle that is licensed or required to be
licensed to be drawn upon a highway by a motor vehicle that is equipped for the
preparation, cooking and sale of food to the public.
"Class "D" CRV" shall mean a non-motorized or muscle powered device, or stationary
equipment such as a booth or tent where food is prepared or pre-packaged food is
available for sale to the public and shall include but is not limited to bicycle refreshment
carts, hotdog carts, portable barbeque/grills, tables and coolers.
"Shopping Centre" is a group of more than twenty (20) retail and other commercial
establishments that is planned, developed, owned and managed as a single property
where on-site parking is provided.
Inspections
2.
The issuance of a Commercial Refreshment Vehicle licence shall be subject to:
a)
inspection/approval from the Halton Hills Fire Department;
b)
inspection/approval from the Halton Region Health Department;
c)
inspection/approval from an Officer of the Town, and;
d)
approval from the Town"s Zoning Officer
Class "A" CRV
3.
In addition to the application requirements as set out in the general section of this By-
law, every person at the time of making application or renewal for a Class "A" CRV shall
provide:
a)
a Certificate of Insurance completed and signed by the applicant"s Insurance
Broker providing proof of Commercial General Liability insurance in a minimum
amount of not less than (2) million dollars ($2,000,000), proof of Automobile
Insurance in a minimum amount of not less than (2) million ($2,000,000) with an
endorsement that notice will be given to the Certificate Holder in writing at least
thirty (30) days prior to cancellation, expiration, or variation thereof. The Town of
Halton Hills must be listed as the Certificate Holder;
b)
a current copy of the motor vehicle ownership;
c)
a copy of a vehicle safety standards certificate from an inspection station in
Ontario licensed by the Ministry of Transportation issued within thirty (30) days of
application;
d)
a certificate of inspection from a licensed gas fitter attesting to the fact that
equipment in the Class "A" CRV fuelled by propane or natural gas has been
inspected and conforms to the Technical Standards and Safety Act, 2000;
e)
a current copy of the operator"s Ontario Driver"s Abstract from the Ministry of
Transportation issued within thirty (30) days;
f)
a current medical certificate prepared by a duly qualified medical doctor licensed
to practice medicine in Ontario which states that the applicant or licensee is fit
and able to operate a motor vehicle and to work with food;
g)
written permission from the property owner, or Shopping Centre management to
locate a Class "A" CRV on their lands;
h)
site plan showing the proposed location of the CRV with distances to road
allowance and adjacent structures.
4.
Every Licensee of a Class "A" CRV shall:
a)
ensure the CRV is:
(i)
located a minimum of seven (7) metres from the edge of the road
allowance;
(ii)
not located within five (5) metres of any lot line;
(iii)
located on a site with a minimum of ten (10) parking spaces.
b)
display an Owner"s Plate provided by the Town in a conspicuous place on the
rear of the CRV;
c)
maintain the CRV in good repair, free of body damage, rust, holes, cracks and
deteriorated exterior paint;
d)
maintain the interior of the CRV in a clean and sanitary condition;
e)
provide an adequate number of suitable refuse containers readily accessible to
Persons make purchases;
f)
not remove the running gear, and maintain such gear in good working order,
capable of safely moving the CRV at any time;
g)
ensure the audible reversing alarm is in working order at all times;
h)
provide and maintain a multi-purpose dry chemical fire extinguisher with a
minimum rating of 2A10BC, if the CRV contains equipment fuelled by propane or
natural gas;
i)
provide and maintain a "K" class fire extinguisher if the CRV contains an oil fryer
for cooking;
5.
No Licensee of a Class "A" CRV shall operate, sell or offer for sale, food or refreshments:
a)
in any location other than the location approved by the Town on the site plan;
b)
from a CRV upon a Highway or part thereof;
c)
within 100 metres of the entrance or exit to any school grounds;
d)
to the public except when parked at one location on private property that is zoned
commercial or industrial and is at least 100 metres away from another CRV or
other eating establishment;
e)
while obstructing any parking space, drive aisle, fire route, entrance or exit;
f)
while obstructing the lines of sight at an intersection and driveway entrances or
exits;
g)
in areas zoned residential;
h)
in a municipal park or at any Town owned facility without first obtaining written
permission from the Town;
i)
in any Business Improvement Area (BIA) in Halton Hills without first obtaining
written permission from the respective BIA management;
6.
Only one (1) licensed Class "A" CRV shall be permitted per location, property or
premises.
a)
Notwithstanding Section 6 above, no more than two (2) licensed Class "A" CRV"s
shall be allowed at any Shopping Centre at one time.
b)
Notwithstanding Section 6 above, this limit not be in effect for any Public Event
or tournament as long as these events are registered with the Town.
c)
Notwithstanding Section 5D, this distance shall not apply to Shopping Centres.
Class "B" CRV
7.
In addition to the application requirements as set out in the general section of this By-
law, every person at the time of making application or renewal for a Class "B" CRV shall
provide:
a)
a Certificate of Insurance completed and signed by the applicant"s Insurance
Broker providing proof of Commercial General Liability insurance in a minimum
amount of not less than (2) million dollars ($2,000,000), proof of Automobile
Insurance in a minimum amount of not less than (2) million ($2,000,000) with an
endorsement that notice will be given to the Certificate Holder in writing at least
thirty (30) days prior to cancellation, expiration, or variation thereof. The Town of
Halton Hills must be listed as the Certificate Holder;
b)
a current copy of the motor vehicle ownership;
c)
a copy of a vehicle safety standards certificate from an inspection station in
Ontario licensed by the Ministry of Transportation issued within thirty (30) days of
application;
d)
a certificate of inspection from a licensed gas fitter attesting to the fact that
equipment in the Class "B" CRV fuelled by propane or natural gas has been
inspected and conforms to the Technical Standards and Safety Act, 2000;
e)
a current copy of the operator"s Ontario Driver"s Abstract from the Ministry of
Transportation issued within thirty (30) days;
f)
a current medical certificate prepared by a duly qualified medical doctor licensed
to practice medicine in Ontario which states that the applicant or licensee is fit
and able to operate a motor vehicle and to work with food;
8.
Every Licensee of a Class "B" CRV shall:
a)
display an Owner"s Plate provided by the Town in a conspicuous place on the
rear of the CRV;
b)
maintain the CRV in good repair, free of body damage, rust, holes, cracks and
deteriorated exterior paint;
c)
maintain the interior of the CRV in a clean and sanitary condition;
d)
provide an adequate number of suitable refuse containers readily accessible to
Persons make purchases;
e)
not remove the running gear, and maintain such gear in working order, capable
of safely moving the CRV at any time;
f)
ensure the audible reversing alarm is in good working order at all times;
g)
provide and maintain a multi-purpose dry chemical fire extinguisher with a
minimum rating of 2A10BC, if the CRV contains equipment fuelled by propane or
natural gas.
9.
No Licensee of a Class "B" CRV shall operate, sell or offer for sale food or refreshments:
a)
from a CRV upon a Highway or part thereof;
b)
within 100 metres of the entrance or exit to any school grounds or other eating
establishment;
c)
within 3 metres of an intersection;
d)
for more than ten (10) minutes at any one location;
e)
in a municipal park or at any Town owned facility without first obtaining written
permission from the Town;
f)
while obstructing any parking space, drive aisle, fire route, entrance or exit;
g)
while obstructing the lines of sight at intersections and driveway entrances or
exits;
h)
in any Business Improvement Area (BIA) in Halton Hills without first obtaining
written permission from the respective BIA management.
10.
Every Person operating a Class "B" CRV or engaged in the selling of refreshments from
a Class "B" CRV shall comply with the following:
a)
there shall be no service of any customer who is standing on the Highway;
b)
that all children and customers are safely away from the vehicle before putting it
in motion;
c)
that there be no crying of wares, sounding of any chimes or the use of other
audible means of recognition while the vehicle is in motion;
(i)
or for more than five seconds at intervals of not less than five minutes;
(ii)
in any residential area before 11:00 a.m.;
(iii)
in any residential area after 8:00 p.m.
Class "C" CRV
11.
In addition to the application requirements as set out in the general section of this By-
law, every person at the time of making application or renewal for a Class "C" CRV shall
provide:
a)
a Certificate of Insurance completed and signed by the applicant"s Insurance
Broker providing proof of Commercial General Liability insurance in a minimum
amount of not less than (2) million dollars ($2,000,000) with an endorsement that
notice will be given to the Certificate Holder in writing at least thirty (30) days
prior to cancellation, expiration, or variation thereof. The Town of Halton Hills
must be listed as the Certificate Holder;
b)
a current copy of the motor vehicle ownership;
c)
a certificate of inspection from a licensed gas fitter attesting to the fact that
equipment in the Class "B" CRV fuelled by propane or natural gas has been
inspected and conforms to the Technical Standards and Safety Act, 2000;
d)
a current medical certificate prepared by a duly qualified medical doctor licensed
to practice medicine in Ontario which states that the applicant or licensee is fit
and able to operate a motor vehicle and to work with food;
e)
written permission from the property owner, or Shopping Centre management to
locate a Class "C" CRV on their lands;
f)
a photograph of the CRV intended for use with this license;
g)
site plan showing the proposed location of the CRV with distances to road
allowance and adjacent structures.
12.
Every Licensee of a Class "C" CRV shall:
a)
ensure the CRV is:
a.
located a minimum of seven (7) metres from the edge of the road
allowance;
b.
not located within five (5) metres of any lot line, and;
c.
located on a site with a minimum of ten (10) parking spaces.
b)
display an Owner"s Plate provided by the Town in a conspicuous place on the
rear of the CRV;
c)
maintain the CRV in good repair, free of body damage, rust, holes, cracks and
deteriorated exterior paint;
d)
maintain the interior of the CRV in a clean and sanitary condition;
e)
provide an adequate number of suitable refuse containers readily accessible to
Persons making purchases;
f)
not remove the running gear, and maintain such gear in good working order,
capable of safely moving the CRV at any time;
g)
provide and maintain a multi-purpose dry chemical fire extinguisher with a
minimum rating of 2A10BC, if the CRV contains equipment fuelled by propane or
natural gas;
h)
provide and maintain a "K" class fire extinguisher if the CRV contains an oil fryer
for cooking.
13.
No Licensee of a Class "C" CRV shall operate, sell or offer for sale food or refreshments:
a)
in any location other than the location approved by the Town on the site plan;
b)
from a CRV upon a Highway or part thereof;
c)
within 100 metres of the entrance or exit to any school grounds;
d)
to the public except when parked at one location on private property that is zoned
commercial or industrial and is at least 100 metres away from another CRV or
other eating establishment;
e)
while obstructing any parking space, drive aisle, fire route, entrance or exit;
f)
while obstructing the lines of sight at intersections and driveway entrances or
exits;
g)
in areas zoned residential;
h)
in a municipal park or at any Town owned facility without first obtaining written
permission from the Town;
i)
in any Business Improvement Area (BIA) in Halton Hills without first obtaining
written permission from the respective BIA management.
14.
Only one (1) licensed Class "C" CRV shall be permitted per location, property or
premises at any time.
a)
Notwithstanding Section 14 above, no more than two (2) licensed Class "A"
CRV"s shall be allowed at any Shopping Centre at one time.
b)
Notwithstanding Section 14 above, this limit not be in effect for any Public Event
or tournament as long as these events are registered with the Town.
c)
Notwithstanding Section 13d above, this distance shall not apply to Shopping
Centres.
15.
No refreshments shall be sold from any Commercial Refreshment Vehicle drawn by an
animal.
Class "D" CRV
16.
In addition to the application requirements as set out in the general section of this By-
law, every person at the time of making application or renewal for a Class "D" CRV
licence shall provide:
a)
a Certificate of Insurance completed and signed by the applicant"s Insurance
Broker providing proof of Commercial General Liability insurance in a minimum
amount of not less than (2) million dollars ($2,000,000) with an endorsement that
notice will be given to the Certificate Holder in writing at least thirty (30) days
prior to cancellation, expiration, or variation thereof. The Town of Halton Hills
must be listed as the Certificate Holder. Where the CRV is located on Town
property, the Town of Halton Hills must be listed as Additional Insured;
b)
a certificate of inspection from a licensed gas fitter attesting to the fact that
equipment in the Class "D" CRV fuelled by propane or natural gas has been
inspected and conforms to the Technical Standards and Safety Act, 2000;
c)
written permission from the property Owner, or Shopping Centre management to
locate a Class "C" CRV on their lands;
d)
site plan showing the proposed location of the CRV with distances to road
allowance and adjacent structures.
17.
Every Licensee of a Class "D" CRV shall:
a)
Ensure the CRV is:
(i)
located a minimum of seven (7) metres from the edge of the road
allowance;
(ii)
not located within five (5) metres of any lot line;
(iii)
be located on a site with a minimum of ten (10) parking spaces.
b)
display an Owner"s Plate provided by the Town in a conspicuous place;
c)
maintain the area around the Class "D" CRV in a clean and sanitary
condition;
d)
provide an adequate number of suitable refuse containers readily
accessible to Persons making purchases;
18.
No Licensee of a Class "D" CRV shall operate, sell or offer for sale food or refreshments:
a)
in any location other than the location approved by the Town on the site plan;
b)
from a CRV upon a Highway or part thereof;
c)
within 100 metres of the entrance or exit to any school grounds;
d)
while obstructing any parking space, drive aisle, fire route, entrance or exit;
e)
while obstructing the lines of sight at intersections and driveway entrances or
exits;
f)
in areas zoned residential;
g)
in a municipal park or at any Town owned facility without first obtaining written
permission from the Town;
h)
in any Business Improvement Area (BIA) in Halton Hills without first obtaining
written permission from the respective BIA management.
19.
Only one (1) licensed Class "D" CRV shall be permitted per location, property or
premises at any time.
a)
Notwithstanding Section 19 above, no more than two (2) licensed Class "D"
CRV"s shall be allowed at any Shopping Centre at one time.
b)
Notwithstanding Section 19 above, this limit not be in effect for any Public Event
or tournament as long as these events are registered with the Town.
Public Events and Tournaments
20.
All food vendors participating in a Public Event through the Public Event Application
Process with the Town must be licensed as a CRV with the Town and pay $100 per
event (July 1 - December 31, 2015 - rates thereafter approved through the Town of
Halton Hills Rates and Fees By-law, as amended.)
Schedule "E" to By-law No. 2005-0067
Pet Care Establishments
In addition to the other requirements of this By-law, the following regulations apply to
Pet Care Establishments as defined in this Schedule.
Interpretation
1.
In addition to the terms defined in the general section of this By-law, the following
terms shall have the corresponding meanings;
"Kennel" means any building or structure where dogs are kept, harboured, bred,
raised, sheltered, cared for, or boarded for profit or offered for sale but shall not
include:
a)
a veterinary hospital under the care of a licensed veterinarian;
b)
a public pound or animal shelter used by the Town for impounding dogs;
and
c)
any Premises licensed under any Provincial or Federal Statue that permits
the keeping of dogs under certain conditions.
"Pet Care Establishment" means any Premises in which services or products for
animals are sold and includes a Kennel, pet shop, pet food and pet supply store.
"Pet Shop" means a Premise where animals or birds for use as pets are sold or
kept for sale, as well as a premise where animal food, supplies and accessories
are sold.
Licence Required
No Person shall carry on the business of a Pet Care Establishment within the
Town of Halton Hills unless he has obtained a licence in accordance with the
requirements of this by-law.
Upon issuance, each licence shall be posted in a conspicuous place on the
premises so licensed.
Application Requirements
2.
In addition to the application requirements as set out in the general section of this
By-law, every person at the time of making application for a Pet Care
Establishment - Kennel license shall provide:
a)
a detailed drawing of the property showing the location of the Kennel in
relation to the dwelling unit, dog runs, fencing and other buildings on the
property;
b)
if applicable, submit a Certificate of Registration or certified extract with
the Canadian Kennel Club or other association incorporated under the
Animal Pedigree Act (Canada) indicating that all dogs kept, bred and
raised in the kennel are so registered or eligible to be registered;
c)
Written permission from the registered owner of the lands where the
Kennel is located, if the Applicant is not the owner of the lands, confirming
that such registered owner permits the Kennel use.
Inspections
3.
The issuance of a Pet Care Establishment licence shall be subject to:
a)
inspection/approval from the Halton Hills Fire Department;
b)
inspection/approval from an Officer of the Town;
c)
approval from the Town's Zoning Officer.
Kennel Requirements
4.
The building in which the Kennel is operated shall:
a)
be no closer than thirty (30) metres form any property line;
b)
be separated and enclosed and shall not be attached to a dwelling unit or
any other building which is or can be used for human habitation;
c)
have a floor of concrete or other impermeable material with a drain
opening constructed as a plumbing fixture, and such floor shall be
thoroughly cleaned daily, or more often if necessary;
d)
be maintained in a sanitary, clean condition and free from offensive
odours;
e)
have windows that can be opened for proper ventilation;
f)
have proper climate control;
g)
have an outside area for use by dogs enclosed with a solid board
fence of a minimum height of two (2) metres, which shall be deemed part
of the building for the purpose of this by-law;
h)
conform to the Building Code Act and the Ontario Fire Code, as well as
any other applicable law, and be maintained in such a manner as to be
free from damage.
5.
All Animals shall:
a)
be kept in adequately sized cages to allow the animal to extend its legs to
their full extent, stand or sit, turn around or lie down in a fully extended
position, and all cages are to be constructed solely of metal, wire or
impermeable concrete block;
b)
be kept in sanitary, well-bedded, well-ventilated, naturally lighted, clean
quarters and such quarters shall be maintained and kept at a healthy
temperature at all times;
c)
be adequately fed and watered, periodically each day and kept in a clean,
healthy condition, free from vermin and disease.
6.
Every person who is sold a dog who resides in Halton Hills will be advised of the
Town's dog licensing requirements.
Pet Shop Requirements
7.
Every Pet Care Establishment licensee - Pet Shop shall ensure that:
a)
the Premises to be used are maintained in a clean, sanitary condition,
well-ventilated, and free of any offensive odours;
b)
cages, containers, enclosures, or tanks used to house and display
animals, birds, fish or reptiles are sufficient in size and dimensions to
permit the animal to stand to its normal full height, turn around, and lie
down in a fully extended position, and are structurally sound;
c)
cages or containers are cleaned daily and all holding areas for dogs and
cats are disinfected daily;
d)
every animal is provided with adequate food and potable water at all
times;
e)
temperatures in the living quarters of every animal, bird, fish, or reptile are
maintained appropriate for the health of the species; and
f)
every Person who is sold a dog is advised of the Town's dog licensing
requirements.
7.
No Licensee of a pet shop shall knowingly sell, offer or keep for sale either in
connection with the licensed pet shop, or in connection with any other business
operation;
a)
any sick, diseased, or unhealthy animal, bird, fish or reptile which exhibits
signs of an infectious disease, including distemper, hepatitis, leptospirosis,
rabies, or any other deficiency including rickets, malnutrition, parasites, or
any abnormality that might affect the health of the animal;
b)
sell, offer to sell, display or give to any Person a dog or cat that is under
the age of eight (8) weeks;
c)
sell or offer for sale to give away any wild animal or exotic animal or any
other animal which is not permitted within the boundaries of the
municipality as defined by the Town's Responsible Pet Owner's By-law.
6.
Every Licensee of a pet shop shall seek treatment by a qualified Person for any
injured, sick, diseased, or dying animal bird, fish or reptile kept for sale.
7.
No Licensee of a pet shop shall sell a dog or cat without providing a dated receipt
describing the animal and a current certificate of health issued by a veterinarian
to the consumer.
8.
Every Licensee of a pet shop shall maintain a register or a computer database to
store the details of the purchase of each dog or cat indicating the name and
address of the licensee's supplier, a full description of the dog or cat including
gender, colour, breed, or cross-breed, locations of any markings, etc., and the
date of each transaction for the term of the license and available for inspection by
an Officer upon request.
Schedule "F" to By-law No. 2005-0067
Non-Store Direct Selling
In addition to the other requirements of this By-law, the following regulations apply to
Non-Store Direct Selling as defined in this Schedule.
Interpretation
1.
In addition to the terms defined in the general section of this By-law, the following
terms shall have the corresponding meanings;
"aggressive manner" means a manner that is likely to cause a reasonable person
to be concerned for his or her safety or security.
"Auction" means a public sale of goods, articles, merchandise, and wares where
an auctioneer calls out and receives bids and the article is sold to the highest
bidder, but does not include a Silent Auction, or sale conducted by a received,
liquidator, trustee, court, bailiff, executor, or sheriff under any general or special
Act.
"Film and Motion Picture Production" means commercial or trade film production
shoots, including feature films, documentaries, and commercials but does not
include news reporting, non-profit productions, team photos, weddings or student
productions.
"Mock Auction" means the auctioning of goods wherein the auctioneer leads
Persons in attendance at an Auction to believe that a potential purchaser has
made a bid on an item, which bid has not been made.
"Newspaper Distribution Box" includes any coin-operated or other box or stand
that holds newspapers, periodicals, or other printed material for access by the
general public.
"Non-store Direct Selling" means the sale of goods at an Auction, Temporary
Event Sale, from a Newspaper Distribution Box or from a Person such as a
Temporary Vendor, Pawnbroker, Second Hand Goods Dealer, or Sign Distributor
and includes the business of film location production shoots.
"Pawnbroker" means a Person who carries on the business of taking by way of
pawn or pledge, any article for the repayment of money lent thereon as defined in
the Pawnbrokers Act, R.S.O.1990.
"Public Assembly Hall" means any privately-owned Premises that are offered for
use, or are used, as a place of public assembly, for events, banquets, and public
performance concerts, but does not include a theatre, a school, or municipal or
religious Premises.
"Sale of Second Hand Goods" means selling, offering for sale or displaying for
sale, antique items, used goods, wares, materials, merchandise, or second hand
items of any kind by retail.
"Second Hand Goods Dealer" means a Person who sells, offers for sale or
displays for sale, antique items, second hand, or used, goods, materials,
merchandise, or items of any kind in a retail establishment, other than a resident
conducting a yard or garage sale relating to the occasional sale of surplus
domestic items originating from a private residence or neighbouring residences.
"Sign Distributor" means a Person who sells, rents or leases, or offers for sale,
rent or lease, or otherwise provides, erects, installs, or locates, a sign or other
advertising device.
"Silent Auction" means an Auction in which written bids are submitted on cards or
electronically during a specified period at the end of which all the bids are
compared.
"Temporary Event Sale" means the display, demonstration, or sale of products,
and/or services to the public at an event such as an exhibition, fair, carnival,
festival, flea market, trade show, antique show, trunk sale, tournament sport
event, concert, or any other similar Public event by two (2) or more participants
or temporary vendors for a period of not more than one month in duration and is
conducted and overseen by a Person, foundation, or an organization licensed
under this By-law.
"Temporary Vendor" means a Person who travels about offering the sale of
products and/or services as a door-to-door salesperson, hawker or peddler, or
operator of a sales stand at an event.
Licence Required
2.
No Person shall carry on the business of Non-Store Direct Selling within the
Town of Halton Hills without first obtaining a licence in accordance with the
requirements of this by-law.
Upon issuance, each licence shall be posted in a conspicuous place on the
premises so licensed.
Charitable Non-Profit Exemption
3.
Notwithstanding any provision of this by-law, any registered Canadian charitable
organization and any registered non-profit organization is exempt from requiring
a Non-Store Direct Selling licence for door-to-door selling and Auctions
conducted for charitable and non-profit fundraising purposes.
Application Requirements - General
4.
In addition to the application requirements as set out in the general section of this
By-law, every person at the time of making application for a Non-Store Direct
Selling licence shall provide:
a)
a Certificate of Insurance completed and signed by the applicant's
Insurance Broker providing proof of Commercial General Liability
insurance in a minimum amount of not less than (2) million dollars
($2,000,000) with an endorsement that notice will be given to the
Certificate Holder in writing at least (30) days prior to cancellation,
expiration, or variation thereof. The Town of Halton Hills must be listed
as the Certificate Holder, unless otherwise specified in this By-law.
Auction
5.
This issuing of a Non-Store Direct Selling licence for an Auction shall be subject
to a fire safety inspection of the premises by the Town.
6.
Every Non-Store Direct Selling Licensee of an Auction shall:
a)
keep and maintain a clearly legible record of the name and address of the
owners of goods to be sold, a detailed description of such goods, the price
at which the goods may be sold, the reserved bid on the goods, if any, and
the names and addresses of the Persons purchasing such goods;
b)
pay the proceeds less legal commissions and charges to the Person
entitled after the sale of such Person's goods or return such goods in the
case no sale is made less his or her proper costs and charges; and
c)
maintain order in the Auction house at all times.
7.
No Non-Store Direct Selling Licensee of an Auction shall:
a)
conduct or permit any Mock Auction to be conducted;
b)
make or permit any misrepresentation as to the nature, content, quality,
quantity, or value of any item being auctioned;
c)
give any articles or sell them for nominal amounts for the purpose of
stimulating bidding;
d)
do any act that is calculated to confuse the purchase as to the amount he
or she pays for any article;
e)
act in concert with Persons known as boosters for the purpose of raising
bids or stimulating business; and
f)
sell or put up for sale by auction any article on which a reserve bid has
been placed without first having announced clearly to those in attendance
at the auction that such reserve bid is on the item.
Newspaper Distribution Box
8.
The issuing of a Non-Store Direct Selling licence for a Newspaper Distribution
Box shall be subject to:
a)
a site inspection by the Town for each Newspaper Distribution Box;
9.
Every Non-Store Direct Selling applicant or Licensee of a Newspaper Distribution
Box shall:
a)
provide a complete list of proposed locations for approval by the Town;
b)
indicate the newspaper or magazine that shall be sold or offered in such
Newspaper Distribution Box; and
c)
provide the written permission of any private property Owner permitting
the location of a Newspaper Distribution Box on private property.
10.
A Non-Store Direct Selling Licensee of a Newspaper Distribution Box may place
a Newspaper Distribution Box on municipal property provided that:
a)
the location of every Newspaper Distribution Box is approved by the
Town;
b)
the Newspaper Distribution Box is not located within twenty (20) metres of
a convenience store selling newspapers or similar periodicals;
c)
the Newspaper Distribution Box does not obstruct vehicular or pedestrian
traffic;
d)
the Newspaper Distribution Box does not interfere with the maintenance
or repair of any Highway, public sidewalk, or other municipal or private
property;
e)
the Newspaper Distribution Box is maintained in good operational order
and repair and does not become unsafe, unsightly, or defective;
f)
the area around the Newspaper Distribution Box is kept clean and free of
litter;
g)
no more than one (1) Newspaper Distribution Box owned by any
newspaper or magazine company is placed at any one location unless
they are of different branded products; and
h)
the Newspaper Distribution Box is not affixed or chained to any traffic
control sign or signal pole.
11.
A Licensee of a Newspaper Distribution Box shall immediately remove a
Newspaper Distribution Box that contravenes any provisions of this by-law upon
receiving notice to do so from the Town.
12.
The Town may immediately remove a Newspaper Distribution Box posing a
hazard without notification to the licensee of the Newspaper Distribution Box.
13.
Where the Licensee of a Newspaper Distribution Box does not comply with the
provisions of this by-law within five (5) days, the Newspaper Distribution Box will
be removed by the Town and stored for a minimum period of thirty (30) days from
the date of removal after which time, the Town may dispose of the Newspaper
Distribution Box without further notification or compensation to the Licensee.
14.
The Licensee of an impounded Newspaper Distribution Box shall pay all
associated costs of removal to the Public Works division in order to reclaim any
Newspaper Distribution Box within thirty (30) days of impoundment.
Temporary Vendor
15.
Every Non-Store Direct Selling applicant or Licensee for a Temporary Vendor
licence shall:
a)
provide a complete list to the Town fully describing the goods,
merchandise, or services offered for sale;
b)
provide the contact information of the supplier or alternate proof that
second-hand goods offered for sale are bonafide;
c)
provide a certificate of approval from the Halton Region Health
Department before selling any food product;
d)
produce two (2) pieces of identification, one (1) of which contains a
photograph to the satisfaction of the Issuer of Licenses;
e)
provide an up-to-date list of the name and address of every employee who
will be going door-to-door to conduct sales;
f)
submit the written permission of a property Owner if any salesperson is
temporarily locating on private property in a commercial zone;
g)
submit two (2) passport size photographs to the satisfaction of the Issuer
of Licences or agree to have a photograph taken by the Town upon
request; and
h)
obtain a permit issued by the Fire Department before selling or displaying
fireworks.
16.
Every Temporary Vendor licensee shall ensure that each employee conducting
door-to-door sales on his or her behalf:
a)
wears identification to clearly identify themselves and the
b)
sells goods door to door only between the hours of sunrise and sunset;
b)
does not obstruct any doorway or Highway, nor stop or park any Motor
Vehicle at an intersection, entrance to a school yard or public park or in a
public park or place to conduct sales;
c)
uses a duplicating receipt book stating their operating name and company
address and fills out the total amount of goods sold, the applicable taxes,
signature of the salesperson, delivery date, if applicable, and provides a
receipt to any Person who purchases goods from him or her; and
d)
if temporarily selling from a location on private property, has the written
permission of the registered property Owner.
17.
No Temporary Vendor conducting door-to-door sales shall:
a)
solicit in an aggressive manner;
b)
threaten the person solicited with physical harm, by word, gesture or other
means, during the solicitation or after the person solicited responds or fails
to respond to the solicitation;
c)
use abusive language during the solicitation or after the person solicited
responds or fails to respond to the solicitation;
d)
continue to solicit a person in a persistent manner after the person has
responded negatively to the solicitation.
Temporary Event Sale
18.
Every person, foundation, or organization who holds an exhibition, carnival,
festival, flea market, antique show, trunk sale, tournament sport event, concert,
or any other similar Public Event where products, goods, and/or services will be
displayed, demonstrated or sold to the public by two or more participants or
Temporary Vendors (whether invited to attend or not), shall obtain a Temporary
Event Sale licence for the duration of the event, and the completed application
shall:
a)
be received by the Issuer of Licences not less than thirty (30) days prior to
the event;
b)
be accompanied by confirmation from the event organizer in the form of a
letter of list of all temporary vendors including every food vendor who will
operate in conjunction with the event;
c)
indicate the number of stalls, booths, tables, or concessions available for
rent by vendors and the number of days they will be operating;
d)
be accompanied by proof of the requisite insurance coverage for every
food vendor, if such insurance coverage is being provided by the
organization conducting the event under this licence; and
e)
be accompanied by proof that adequate sanitary facilities are provided to
the satisfaction of the Regional Municipality of Halton Health Department.
19.
Every Licensee of a Temporary Event Sale shall:
a)
ensure all entrances, corridors, and exits are not blocked, obstructed, or
impeded; and
b)
maintain a record of all vendors indicating the owner's name, business
operating name, address, and phone number or keep a copy of any
agreement entered into with the vendor that contains such information to
provide upon request to an Officer.
20.
Every individual food vendor who sells food at a Temporary Event Sale shall
make separate application to the Town for a Commercial Refreshment Vehicle -
Food Event licence, unless otherwise exempt through this By-law.
Sign Distributor
21.
Every Sign Distributor shall not install, erect, or locate any sign in the Town
without obtaining all requisite permits in accordance with the Town's Sign By-law.
Pawnbroker
22.
Every applicant or licensee of a Pawnbroker licence shall:
a)
give to the Town, security to the satisfaction of the Treasurer in the sum of
two thousand ($2,000.00) for due observance in accordance with the
Pawnbrokers Act, R.S.O. 1990, c.P.6;
b)
forthwith report to the Halton Regional Police any article offered to him or
her that he or she has reasonable cause to suspect may have or may be
stolen or unlawfully obtained; and
c)
advise Halton Regional Police of any article or object on which the serial
number has been obliterated or removed at least twenty-four (24) hours
prior to acquisition.
Second Hand Goods Dealer
23.
Every licensee of a Second Hand Goods Dealer licence shall:
a)
maintain a record of all second hand goods purchased or taken in
exchange, which record shall include the make, model, name, serial
number, code, or any other identifying marks, the date of the purchase or
exchange, the purchase price of each item, and provide the contact
information of the supplier or alternate proof that second-hand goods
offered for sale are bonafide;
b)
forthwith report to the Halton Regional Police any article offered to him or
her that he or she has reasonable cause to suspect may have or may be
stolen or unlawfully obtained; and
c)
not display any goods or merchandise outside of a second hand goods
store so as to obstruct the sidewalk.
24.
No Licensee dealing in Second Hand Goods shall purchase or exchange or
receive any second hand goods from any person who appears to be under the
influence of an intoxicating substance.
Film and Motion Picture Production
25.
An applicant for a licence to shoot a Film and Motion Picture Production within
the Town of Halton Hills shall:
a)
submit an application a minimum of ten (10) working days in advance of
the location shoot where no temporary road closure is required;
b)
submit an application a minimum of eight (8) weeks in advance of the
location shoot where a temporary road closure is required to fulfill
legislated requirements;
c)
respond promptly with adequate information and full disclosure about the
extent of the production to all inquiries from the Issuer of Licences;
d)
ensure the execution of all necessary agreements;
e)
provide proof of insurance satisfactory to the Town and naming the Town
as an additional insured in the amount specified by the Town, and any
other required documents;
f)
submit the required licensing fee and a deposit or Letter of Credit in an
amount specified by the Town between one thousand dollars ($1,000.00)
and five thousand dollars ($5,000.00) depending on the length and
requirements of the production, to enable the town to recover any costs
that may be incurred by the Town; and
g)
shall be subject to the approval of the production by all agencies the Town
deems appropriate.
Schedule "G" to By-law No. 2005-0067
Specialty Trade Contractor
In addition to the other requirements of this By-law, the following regulations apply to
Specialty Trade Contractor as defined in this Schedule.
DEFINITIONS
1.
In addition to the terms defined in the general section of this By-law, the following
terms shall have the corresponding meanings;
"Drain Contracting Company" means a Person who undertakes or is engaged in
the business of drainage work including the installing, replacing, repairing or
maintenance of drains, drainage systems and sewage disposal systems, who
solicits and advertises such work to the public, and who either is himself a Drain
Contractor or employs a Drain Contractor.
"Drain Contractor" means a Person who carries on the business of laying,
repairing and installing public or private drains and sewage disposal systems on
the exterior of any building.
"General Trade Contractor" means a Person who is skilled in any trade involving
building, constructing or removing any building or structure of any kind, and
includes but is not limited to poured concrete, framing, masonry, roofing, siding,
glass and glazing, finish carpentry, paint, wall, flooring, building finishing,
foundation, exterior building renovations, landscape construction, pool
installation, and driveway paving work.
"General Trade Contracting Company" means a Person who undertakes or is
engaged in the business of contracting General Trade work and who solicits and
advertises such work to the public, except a trade, business, or occupation
otherwise required to be licensed under this by-law and also except
homebuilders who are insured under the Ontario Home Warranty Program.
"Heating Ventilation Air Conditioning Contracting Company" means a Person
who undertakes or is engaged in the contracting of heating, ventilation, and air
conditioning work including the installing, repairing, and maintaining of warm air,
hot water or steam heating equipment of any kind, who solicits and advertises
such work to the public, and who either is himself a Master HVAC Installer or
employs a Master HVAC Installer.
"HVAC" shall mean Heating Ventilation Air Conditioning
"Journeyman Plumber" means a Person who has been issued a certificate of
qualification by the Province of Ontario, and who having served an
apprenticeship is qualified to work in the plumbing trade under the direction of
another more qualified Person.
"Master HVAC Installer" means a Person who has been issued a Certificate of
Qualifications under the Ontario College of Trades and Apprenticeship Act, 2009,
S.O. 2009, c.22, as amended and is aware of and knowledgeable in the general
regulations under this act and operates in a manner pursuant to the requirements
of the act and its Regulations and is skilled in the planning, superintending and
installation of warm air, steam and hot water heating systems, air conditioning
and ventilation systems, and equipment used in connection therewith, who
engages in such work, and who is familiar with the laws, rules, and regulations
governing the same.
"Master Plumber" means a Person who has been issued a Certificate of
Qualifications in the plumbing trade under the Ontario College of Trades and
Apprenticeship Act, 2009, S.O. 2009, c.22, as amended and is aware of and
knowledgeable in the general regulations under this act and operates in a
manner pursuant to the requirements of the act and its Regulations and is skilled
in the planning, superintending, and installing of plumbing, who engages in such
work, and who is familiar with the laws, rules, and regulations governing the
same.
"Plumbing Contracting Company" means a Person who undertakes or is
engaged in the business of contracting for plumbing work, who solicits and
advertises such work to the public, and who either is himself a Master Plumber or
employs as Master Plumber.
"Septic Tank Contracting Company" means a Person who undertakes or is
engaged in the business of contracting for septic tank installation work, who
solicits and advertises such work to the public, and who either is himself a
qualified on-site sewage installer registered by the Province to supervise septic
tank installations or employs an on-site sewage installer.
"Specialty Trade Contractor" includes but is not limited to Plumbing Contracting
Company, Master Plumber, Journeyman Plumber, Drain Contracting Company,
Drain Contractor, Septic Tank Contracting Company, Heating Air Conditioning
and Ventilation Contracting Company, Master HVAC Installer, General Trade
Contractor and General Trade Contracting Company.
PROHIBITIONS
2.
No Person shall carry on the business of a Specialty Trade Contractor within the
Town without first obtaining a licence in accordance with the requirements of this
by-law.
3.
No person licensed as a Specialty Trade Contractor under this By-law and
Schedule shall perform any work which requires a licence or permit unless the
licence or permit is first obtained.
4.
No Licensee of a Specialty Trade Contractor shall store equipment or
commercial vehicles, on Premises that will be in contravention of the Town's
Zoning By-law or any other by-law.
APPLICATION REQUIREMENTS
5.
In addition to the application requirements as set out in the general section of this
By-law, every person at the time of making application for a Specialty Trade
Contractors license shall provide:
a)
a Certificate of Insurance completed and signed by the applicant's
Insurance Broker providing proof of Commercial General Liability
insurance in a minimum amount of not less than (2) million dollars
($2,000,000) with an endorsement that notice will be given to the
Certificate Holder in writing at least (30) days prior to cancellation,
expiration, or variation thereof. The Town of Halton Hills must be listed
as the Certificate Holder;
b)
photo identification to the satisfaction of the Issuer of Licenses
6.
Every person licensed under this By-law shall carry on his person the said
licence or an official identification card or badge certifying thereto issued by the
Licence Issuer, at all times when performing or engaging in the trade, business
or occupation so licensed, and shall produce the same for inspection at the
request of any Officer.
MASTER PLUMBER
7.
Every applicant or Licensee for a Master Plumber licence shall:
a)
provide the name of the licensed Plumbing Contracting Company that
employs him if not self-employed;
b)
submit a valid Certificate of Qualifications as a Plumber under the Trades
Qualifications and Apprenticeship Act, R.S.O. 1990, c. T. 17, as amended.
PLUMBING CONTRACTING COMPANY
8.
Every applicant or Licensee of a Plumbing Contracting Company shall provide
the names and addresses of all Master Plumbers employed by him to perform
work in the Town and must employ at least one Master Plumber.
9.
Every Licensee of a Plumbing Contracting Company shall:
a)
not permit or perform any plumbing work that is not performed either by a
Master Plumber licensed under this by-law, or by a Journeyman Plumber
and apprentice under the direct supervision of a Master Plumber licensed
under this by-law;
b)
advise the Town if a Master Plumber ceases employment with him and
provide the name and address of any new Master Plumber prior to his
commencement of any plumbing work; and
c)
obtain all necessary permits prior to the commencement of any work.
10.
No licence is required by a Person performing plumbing work:
a) as an employee of a public service commission, a municipal corporation, a
commercial or industrial establishment in its own established premise
where the Person has a Certificate of Qualification in the trade of plumbing
from the Province of Ontario;
b)
in his or her own residence;
c)
as an apprentice working under the direct supervision of a Master Plumber
licensed under this by-law; or
d)
who is the registered Owner, or an employee of the registered Owner,
carrying out maintenance plumbing work on Premises owned by that
Owner.
MASTER HVAC INSTALLER
11.
Every applicant or Licensee of a Master HVAC Installer shall:
a)
submit a Certification of Qualification as a Refrigeration and Air
Conditioning Mechanic under the Trades Qualifications and
Apprenticeship Act, R.S.O. 1990, Chapter T.17, as amended;
b)
submit a copy of Gas Technician Level 1 Certificate issued by the Ministry
of Consumer and Business Services Technical Safety Standards Authority
for the installation, adjustment and repair of natural gas or propane
appliances and equipment used for heating or cooling purposes;
c)
provide the name of the licensed HVAC Contracting Company that
employs him, if not self-employed;
d)
submit a Certificate of Qualification as a steamfitter issued under the
Trades Qualifications and Apprenticeship Act, R.S.O. 1990, for the
installation, repair and adjustment of steam and hot water heating
systems, if applicable;
e)
submit a Certificate of Qualification as a sheet metal worker issued under
the Trades Qualifications and Apprenticeship Act., R.S.O. 1990, if
performing sheet metal work for the installation, repair and adjustment of
warm air heating systems of all kinds, if applicable; and
12.
A Master HVAC Installer shall:
a)
be in the employ of the licensed Heating Ventilation Air Conditioning
Contracting Company shown on the licence, if not self-employed;
b)
not act as such for more than one HVAC Contracting Company at any one
time: and
C)
not cause or permit a registered apprentice or an unqualified Person to
perform any heating works, or to install any heating material or appliances,
except as an assistant to and under the direct personal supervision of a
licensed Master HVAC Installer who possesses the applicable mandatory
Provincial trade certifications.
HEATING VENTILATION AIR CONDITIONING (HVAC) CONTRACTING COMPANY
13.
Every applicant or Licensee of an HVAC Contracting Company shall:
a)
be licensed as a Master HVAC Installer or employ at least one Master
HVAC Installer licensed under this by-law;
b)
provide proof of Provincial certification for a sheet metal worker or
steamfitter if performing such work for the applicant.
14.
An HVAC Contracting Company shall:
a)
not permit or cause a registered apprentice or unlicensed Person to
perform any heating works or install any heating material or appliances
except as an assistant to and under the direct personal supervision of a
licensed Master HVAC Installer;
b)
advise the Town if a licensed Master HVAC Installer ceases employment
with him, and provide the name and address of any new Master HVAC
Installer prior to his commencement of any heating work; and
c)
obtain all necessary permits prior to the commencement of any work and,
upon completion, procure a final inspection from the Town for the
consumer.
DRAIN LAYER OR SEPTIC
15.
Every applicant or Licensee Drain Layer shall:
a)
provide the name of the licensed Drain Contracting Company who
employs him, if not self-employed; and
b)
if performing drainage design work provide proof of current registration
with the Ministry of Municipal Affairs and Housing in the QuARTS
(Qualification and Registration Tracking System) for building practitioners.
16.
No Person shall perform, carry out of affect any drain work in the Town for hire
unless such Person is a licensed Drain Layer, or is supervised by a licensed
Drain Layer and employed by a Drain Contracting Company licensed under this
by-law.
17.
No licence is required by a Person who performs drain work;
a)
in his or her own residence;
b)
for an Owner, or an employee of the Owner, carrying out maintenance
drain work on Premises owned by the Owner; and
c)
who is under the supervision of a Drain Layer or Master Plumber licensed
under this by-law.
DRAIN OR SEPTIC TANK CONTRACTING COMPANY
18.
Every applicant or Licensee of a Drain or Septic Tank Contracting Company
shall:
a)
be licensed as a Drain Layer or employ at least one Drain Layer licensed
under this by-law; and
b)
if performing drainage system design work submit the name and address
of a qualified on-site sewage installer and the registration issued by the
Ministry of Municipal Affairs and Housing indicating that the installer has
the qualifications set out in Section 2.18.3 of the Ontario Building Code.
GENERAL TRADE CONTRACTOR
19.
Every applicant or Licensee of a General Trade Contractor shall:
a)
submit a Certificate of Qualifications as required (if applicable) by the
Trades Qualification and Apprenticeship Act, R.S.O. 119, c. T.17.
GENERAL TRADE CONTRACTING COMPANY
20.
Every applicant or Licensee of a General Trade Contracting Company shall
obtain all necessary permits prior to the commencement of any work.
21.
No Person licensed as a General Trade Contracting Company shall employ or
otherwise contract any Drain Layer, Drain Contracting Company, Septic Tank
Installer, Septic Tank Contracting Company, Plumbing Contracting Company,
Master Plumber, Electrical Contracting Company, Maser Electrician, Master
HVAC Installer, Heating, Air Conditioning & Ventilation Contracting Company or
any other Person required to be licensed under this by-law unless such Person is
licensed under this by-law.
22.
Every Person licensed as a General Trade Contracting Company shall not
commence or undertake any work for another Person unless a written contract
has been signed between the General Trade Contracting Company and the
Person on whose behalf the work is being done and every contract shall set out:
a)
the name, address and phone number of the General Trade Contracting
Company and of the Person for whom the work is being done;
b)
the address where the work is to be performed;
c)
a description of the materials and services to be supplied;
d)
an estimate of the total cost of the proposed work;
e)
the terms of payment;
f)
details of the warranties or guarantees extended by the contractor; and
g)
the start and completion date.
23.
No Person shall deposit any materials or debris on any road allowance and, in
the event any materials are deposited on any road allowance by any employee or
any sub-contractor employed by the General Trade Contracting Company, the
licensee shall remove the obstructing materials or debris immediately or shall
bear all costs of removal by the Town.
Schedule "H" to By-law No. 2005-0067
Accommodation Services
In addition to the other requirements of this By-law, the following regulations apply to
Accommodation Services as defined in this Schedule.
Interpretation
1.
In addition to the terms defined in the general section of this By-law the following terms
shall have the corresponding meanings:
"Accommodation Services" means a hotel, motel, bed and breakfast and recreational
trailer camp for use by the travelling or vacationing public but does not include a
residential unit, group home, residential care facility, or any residential home licensed
under Provincial legislation.
"Bed and Breakfast" means an establishment or a single detached dwelling with one to
three guest-rooms without cooking facilities therein, operated to provide temporary
overnight accommodation and a breakfast meal to the public.
"Hotel" means any Premises in which at least four (4) suites with or without private
cooking facilities that are provided for rent on a temporary basis to the public for
overnight accommodation but does not include a Bed and Breakfast
"Motel" means a premise that contains suites with no cooking facilities that are rented on
a temporary basis to the public with each room being accessed from the outside.
"Recreational Trailer Camp" means any area where house trailers may be parked for
temporary accommodations usually with running water and electricity.
Application Requirements - General
2.
In addition to the application requirements as set out in the general section of this By-
law, every person at the time of making application for an Accommodation Services
license shall provide:
a) a Certificate of Insurance completed and signed by the applicant's Insurance
Broker providing proof of Commercial General Liability insurance in a minimum
amount of not less than (2) million dollars ($2,000,000) with an endorsement that
notice will be given to the Certificate Holder in writing at least (30) days prior to
cancellation, expiration, or variation thereof. The Town of Halton Hills must be
listed as the Certificate Holder.
Inspections
3.
Inspections
The issuing of an Accommodation Services licence shall be subject to:
a)
inspection/approval from the Halton Hills Fire Department;
b)
inspection/approval from Halton Region Health Department;
c)
approval from the Town that the premises meets zoning requirements, and;
d)
inspection/approval from an Officer of the Town.
Hotel, Motel, Bed and Breakfast
4.
Every licensee of a Hotel, Motel and Bed and Breakfast shall:
a)
submit a list of the number of guestrooms, facilities and any accessory amenities
offered by the establishment;
b)
maintain the Premises;
c)
provide each guestroom with clean linens, towels and toiletries, as needed;
d)
keep a register of all patrons indicating their name, address, and motor vehicle
plate number, date of admission and departure to be available upon the request
of an Officer;
e)
ensure all entrances, exits and corridors are free of obstruction at all times;
f)
keep all washroom facilities operable, clean and sanitary.
Recreational Trailer Camp
5.
Additional Application Requirements for a Recreational Trailer Camp:
a)
submit a site plan indicating all lots and buildings on the Premises along with the
legal description of the lands to be used;
b)
submit an electrical safety certificate indicating that all electrical facilities and
equipment installed to service a Recreational Trailer Camp comply with the
requirements of the Electrical Safety Authority.
6.
No person shall locate a trailer in the Town of Halton Hills except:
a)
in a Recreational Trailer Camp operated or licensed by the Town;
b)
when located in the Town for the purpose of sale or storage;
c)
in a camp operated by the Boy Scouts of Canada or Girl Guides of Canada;
d)
for use the by employees of a licensed exhibition, fair, carnival, or special event
authorized by the Town;
e)
as provided by the Town's Zoning By-Laws.
7.
Every Licensee of a Recreational Trailer Camp shall ensure that the trailer and tourist
camp:
a)
is located on a well-drained site, graded to ensure rapid drainage and free from
stagnant pools of water;
b)
has a well-maintained driveway of adequate width abutting each campsite to
provide access to a public Highway;
c)
is divided into campsites having a minimum area of ninety-three (93) square
metres, with a width of at least seven (7) metres;
d)
is not located any closer than sixty (60) metres from any residential property line
abutting the Recreational Trailer Camp, three (3) metres from any other property
line, and fifteen (15) metres from the centre of any municipal street or road
abutting the Recreational Trailer Camp;
e)
has internal roadways with a minimum width of five (5) metres with a gravel
surface;
f)
has posted signs limited the maximum speed limit to twenty-five (25) kilometres
per hour within the confines of the Recreational Trailer Camp;
g)
has posted "Stop" or "Yield" signs at all intersections and "One Way" or "Do Not
Enter" signs where necessary;
h)
has at least one emergency telephone for emergency use by the occupants of
the Recreational Trailer Camp located on the Premises;
i)
has a lot number posted for the identification of each campsite;
j)
is only open for business between March 1st and November 30th of each year;
k)
has walkways from any service building to the closest abutting camp driveway;
l)
has a visual barrier or screening of trees or hedges capable of attaining a
minimum of two (2) metres within a period of three (3) years, or a privacy fence
at least two (2) metres in height adjacent to any abutting residential property line;
m)
has a water supply for drinking and domestic purposes, which meet the
requirements of the Safe Drinking Water Act, provided that no water station shall
be located more than forty-six (46) metres from any campsite not serviced by an
individual water hook-up;
n)
has an adequate supply of hot water at all times in the service building for
bathing, washing and laundry;
o)
has laundry facilities, if laundry facilities are not conveniently located outside the
camp area;
p)
has separate men's and women's water faucets, showers, and toilet facilities
either in separate buildings at least six (6) metres apart or, if within the same
building, separated by a soundproof wall, approved by the Regional Municipality
of Halton Health Department;
q)
has permanent service buildings to house the toilet facilities unless pit or
chemical toilets are being used;
r)
has two (2) flush toilets or two (2) pit or chemical toilets and two (2) showers for
every twenty (20) trailer spaces or as required by the Regional Municipality of
Halton Health Department;
s)
has service buildings that are well lighted, well-ventilated and may be heated;
t)
has a dumping station located no closer that fifteen (15) metres from any
campsite an no closer than thirty (30) metres from any property boundary line for
use by Owners of self-contained trailer units;
u)
discharges wastewater from showers, toilets, and laundries into municipal sewer
systems where possible, or into a septic system, tanks, or waste dumping station
subject to the approval of the Regional Municipality of Halton Health Department;
v)
has metal garbage containers or uses plastic tie-type garbage bags that shall be
collected and disposed of every seven (7) days or sooner to prevent unsanitary
conditions;
w)
has a register containing a record of all trailer owners and occupants located
within the Recreational Trailer Camp available for inspection by an Officer upon
request;
x)
has notices posted in conspicuous places within the camp area to inform the
occupants of the Town's Noise By-law;
y)
keeps the access to all areas occupied by trailers or tents, clear and free of
obstruction and accessible to accommodate fire-fighting equipment to the
satisfaction of the Town of Halton Hills Fire Department;
z)
has identified all sources of water supply and provides such information to the
Town of Halton Hills Fire Department;
aa)
has signs posted in conspicuous places within the camp area clearly indicating
emergency contact numbers and emergency procedures to be taken in the event
of a fire and containing instructions acceptable to the Town of Halton Hills Fire
Department;
bb)
minimizes fire hazards and smoke nuisance by locating, constructing, and
maintaining cooking shelters, barbeque pits, fireplaces, wood burning stoves,
incinerators and open fire pits in accordance with the regulations and
requirements of the Town of Halton Hills Fire Department;
cc)
does not permit any camping except on a campsite;
dd)
does not increase the number of campsite lots, or enlarge or expand the
Recreational Trailer Camp without the prior authorization of the Town to do so;
ee)
has storage for equipment used for the repair and maintenance of the premises,
with all equipment being in an operable condition.
Amended by
By-law No.
2023-0090
Schedule "I" to By-law No. 2005-0067
Driving School Operator
In addition to the other requirements of this By-law, the following regulations apply to
Driving Schools as defined in this Schedule.
Interpretation
1.
In addition to the terms defined in the general section of this By-law, the following
terms shall have the corresponding meanings;
"Driving School Operator" means a Person who has possession or control of
Motor Vehicles for the purpose of teaching an individual, through on-road
instruction, to operate a Motor vehicle.
Licence Required
2.
No Person shall carry on the business of Driving School Operator within the
Town of Halton Hills without first obtaining a licence in accordance with the
requirements of this by-law.
Upon issuance, each licence shall be posted in a conspicuous place on the
premises so licensed.
Application Requirements - General
3.
In addition to the application requirements as set out in the general section of this
By-law, every person at the time of making application for a Driving School
Operator licence shall provide:
a)
a Certificate of Insurance completed and signed by the applicant's
Insurance Broker providing proof of Commercial General Liability
insurance in a minimum amount of not less than (2) million dollars
($2,000,000) with an endorsement that notice will be given to the
Certificate Holder in writing at least (30) days prior to cancellation,
expiration, or variation thereof. The Town of Halton Hills must be listed
as the Certificate Holder, unless otherwise specified in this By-law.
b)
the Motor Vehicle ownership for each Motor Vehicle to be used by the
driving school for instruction;
c)
a Safety Standards Certificate for each Motor Vehicle to be used by the
driving school for instruction except in the case of brand new Motor
Vehicles obtained withing six (6) months from the effective date of the
Motor Vehicle registration;
d)
a copy of each instructor's driving instructor's licence issued pursuant to
the Regulations enacted under the Highway Traffic Act;
e)
a Statement of Rates and Charges for all services provided by the driving
school;
f)
two (2) pieces of identification, one (1) of which contains a photograph to
the satisfaction of the Issuer of Licences;
g)
a current Ontario Driver's Licence Abstract from the Ministry of
Transportation obtained within thirty (30) days of application; and
h)
a copy of a Security Clearance Request including where provided a
vulnerable Sector Screening issued by the Halton Regional Police Service
or the Police Service in the jurisdiction in which the applicant or licensee
resides, obtained within (30) days of application.
Vehicle Requirements
4.
Every Driving School Operator shall ensure that every Motor Vehicle used for
driving instruction is:
a)
equipped with a dual control braking system and dual mirrors in good
working order, and placed in a position for ready use by the driving
instructor seated beside the student;
b)
in a safe condition and roadworthy, certified and approved by the Town for
use;
c)
identified by an Owner's Plate issued by the Town and affixed to the rear
of the Motor Vehicle in a visible location; and
d)
identified by a roof sign on the Motor Vehicle displaying the name of the
driving school clearly visible at a distance of fifteen (15) metres.
Driver Requirements
5.
Every Driving School Operator shall:
a)
keep a permanent record of every student driver's name, address, driver's
licence number, the date and time of each driving lesson, and the name of
the instructor who provided lessons to the student;
b)
affix a copy of the Driving School Operator's licence with a photograph of
the driving instructor in every Motor Vehicle plainly visible to the student
driver; and
c)
inform and provide the student driver with a copy of all rates and charges
filed with the town before commencing driving lessons.
Prohibitions
6.
No Driving School Operator shall:
a)
give instruction to any Person who does not possess a valid G1, M1 (or
higher) licence issued by the Ministry of Transportation;
b)
give instruction on private property without the consent of the registered
property owner;
c)
give instruction while in an impaired condition or to a Person who is in an
impaired condition; or
d)
permit any Person who does not possess a current valid driver's
instruction licence and a current valid driver's licence issued pursuant to
the Regulations enacted under the Highway Traffic Act to give driving
instruction to any Person.
Schedule No. 4 to By-law No. 2005-0067
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
TAXICABS
18.1
This by-law does not apply in respect of taxicabs conveying property or
passengers from any point within the Town:
18.1.1
to an airport situated outside the Town if the airport is owned and
operated by the Crown in right of Canada and the taxicab bears a
valid and subsisting plate issued in respect of the airport under the
Government Airport Concession Operations Regulations made
under the Department of Transport Act (Canada); or
18.1.2
to an airport that is operated by a corporation or other body
designated by the Governor in Council as a designated airport
authority under the Airport Transfer (Miscellaneous Matters) Act
(Canada) and the taxicab bears a valid and subsisting permit or
licence issued by the designated airport authority; or
18.1.3
if the purpose of the conveyance is to transport Persons with
physical, emotional, or mental disabilities to any point outside the
Town; or
18.1.4
if the conveyance is made pursuant to a written contract for the use
of a taxicab with respect to which a valid and subsisting licence has
been issued under a by-law passed under Section 156 of the
Municipal Act, 2001 by the municipality in which the conveyance
begins or ends.
SCHEDULE OF TARIFFS - Taxicab
18.2
The tariff rates for taxicabs are pursuant to the Town's Municipal Rates and
Service Charges By-law and shall:
18.2.1
include the Goods and Services Tax (GST); and
18.2.2
be rounded off to the nearest 0.10 (ten) cents
18.2.3
A Taxicab Driver and passenger may agree to a flat rate when the
trip destination is over five (5) kilometres outside of the Town.
18.2.4
A flat fee shall be collected separately from the metered fare for
any surcharge applied between the hours of 12:00 am (midnight)
and 6:00am and all day on Statutory holidays.
18.2.5
A receipt shall be provided for any flat fee charged in addition to
any receipt for a metered fare.
18.3
A reduced fare rate of twenty per cent (20%) off the regular rates shall apply to
Persons over the age of sixty-five (65) years upon presentation of an Old Age
Security Card or a Town-issued verification card and also to
Persons who are legally blind upon presentation of proof or a Town-issued
verification card.
Class of Licence:
GROUND PASSENGER TRANSPORTATION
Type of Licence:
Taxicab Broker, Taxicab Owner, Taxicab Driver, Accessible
Taxicab Owner, Accessible Taxicab Driver, Limousine Owner,
Limousine Driver, Taxi Stand Broker, Taxi Stand Owner
Purpose:
Repealed by By-law 2008-0003
- 2 -
TAXICAB BROKER
18.4
Every Taxicab Broker shall:
18.4.1
maintain an office within the Town from which the taxicab brokerage
business is conducted;
18.4.2
require all Taxicab Owners who have entered into arrangements for
brokerage services to use the same design, shape and colour
scheme of roof sign that shall include the name and telephone
number of the Taxicab Broker;
18.4.3
maintain a record of every Taxicab Owner that has entered into any
arrangement for brokerage services;
18.4.4
maintain a record of each taxicab dispatched on a trip, the time and
date of receipt of the order, the pickup and destination location, and
shall retain the records for twelve (12) months;
18.4.5
inform a prospective customer of the approximate time of any delay
before accepting the order;
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
18.4.6
carry on business twenty-four (24) hours a day, seven (7) days a
week to provide taxicab services within the Town through the
provision of a minimum of three (3) taxicabs and three (3) drivers; and
18.4.7
display a copy of this by-law and the notice of any proposed change
thereto received from the Issuer of Licenses in a conspicuous location
in every place of business from which the brokerage is operated.
18.5
No Taxicab Broker shall,
18.5.1
accept orders for, or in any way dispatch, or direct orders to a
Taxicab;
18.5.1.1
when the activity would be a contravention of any of the
provisions of this by-law;
18.5.1.2
where the Taxicab Owner is not properly licensed under
this by-law; or
18.5.1.3
where the fare is not in accordance with the provisions
of this by-law;
18.5.2
possess or use a scanner or radio that is capable of monitoring any
other Taxicab Broker's radio frequency.
TAXICAB OWNERS REQUIREMENTS
INSPECTIONS
18.6
The issuing of a Taxicab Owner's Licence shall be subject to:
18.6.1
a mandatory annual Motor Vehicle Inspection by the Ministry of
Transportation
18.6.2
a Motor Vehicle Inspection at any time by the Town; and
18.6.3
an inspection of the Taxicab Meter by the Town.
- 3 -
LICENSING REQUIREMENTS
18.7
Every Owner of a taxicab shall:
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
18.7.1
obtain a separate licence and submit a copy of the Motor Vehicle
Ownership for each taxicab;
18.7.2
submit a copy of valid liability insurance as required under the
Compulsory Automobiles Insurance Act in the amount not less two
million dollars ($2,000,000.00), with an endorsement that notice in
writing at least ten (10) days prior to cancellation, expiration or
variation thereof will be given to the Town by the insurance
underwriter;
18.7.3
within five (5) days, notify the Issuer of Licenses of every accident
involving the Motor Vehicle and furnish to the Town a copy of any
report of the accident filed as required under the Highway Traffic Act;
and
18.7.4
maintain a current record of all drivers operating the taxicab and
provide such list to the Issuer of Licences upon request.
OWNER'S PLATE
18.8
Every Taxicab Owner shall:
18.8.1
display an Owner's Plate bearing a number provided by the Town;
and
18.8.2
locate such plate on the rear of the Motor Vehicle in a visible place.
TRANSFERABILITY
18.9
Every Taxicab Owner may transfer a licence and Plate from one Motor Vehicle to
another Motor Vehicle provided that:
18.9.1
all required documentation is provided to the Town;
18.9.2
a re-inspection fee is submitted and a Town inspection of the
replacement Motor Vehicle is completed;
18.9.3
all requirements of this by-law are met; and
18.9.4
a replacement licence is obtained from the Issuer of Licences.
VEHICLE REQUIREMENTS
18.10 Every Taxicab Owner shall:
18.10.1
provide and maintain in or on each Motor Vehicle the following:
18.10.1.1
a fully inflated spare tire in good condition;
18.10.1.2
the tools required to change a tire;
18.10.1.3
a tariff card issued by the Town setting out in full the
tariff of fares authorized under this by-law and in
accordance with the Town's Municipal Rates and
Service Charges by-law; and
18.10.1.4
a holder for the Driver's Licence affixed in a manner that
the same is readable by the passengers.
- 4 -
18.10.2
the assigned Owner's Plate number affixed on both front fenders, not
more than eight (8) cm below the top of the fender;
18.10.3
an electric sign securely attached to the roof and such sign shall:
18.10.4
display the name and telephone number of the Taxicab Broker with
whom the said taxicab is associated; and
18.10.5
be connected to the Taxicab Meter in such a manner that the sign is
not illuminated when the Taxicab Meter is engaged in a fare and
illuminated when the Taxicab Meter is not engaged with a fare.
18.10.6
a Taxicab Meter for the registering of distance travelled and
computing fares to be paid and each Taxicab Meter shall be:
18.10.6.1
identified with a serial number;
18.10.6.2
inspected by the Town and tested over a measured
distance when requested by an Officer or the Issuer of
Licenses;
18.10.6.3
illuminated;
18.10.6.4
supported in a raised position clear of the dashboard
and in plain unobstructed view for any passenger;
18.10.6.5
adjusted in accordance with the tariff prescribed by this
by-law to an accuracy within thirty (30) meters on a
measured kilometre and within ten (10) seconds over
three minutes on waiting time charges and sealed by an
Officer; and
18.10.6.6
kept in good operating condition at all times and not
used when defective in any way or when the seal is not
intact and
18.10.7
maintain the exterior of the taxicab in sound condition, clean, in good
repair, free from body damage and a well-maintained exterior paint
finish free from rust, holes or cracks;
18.10.8
maintain the interior of the Motor Vehicle in a clean and dry condition
and in good repair;
18.10.9
when the Motor Vehicle is disposed of or ceases use as a taxicab,
forthwith remove from the said Motor Vehicle the roof light, Taxicab
Meter, all identifying decals or markings, fender numbers and any
other items that make the Motor Vehicle appear to the public to be a
taxicab;
18.10.10
forthwith repair any damage or mechanical defect in the Motor
Vehicle reported to him by a Taxicab Driver;
18.11 No Owner of a taxicab shall:
18.11.1
exhibit or display on or about the Motor Vehicle any number other
than:
18.11.1.1
that upon the number plate furnished under the
Highway Traffic Act;
18.11.1.2
that upon the plate as provided by the Town; and
18.11.1.3
that which is otherwise specifically provided in this by-
law.
- 5 -
18.12 No Owner of a Taxicab shall:
18.12.1
make any material changes, alterations or additions to the taxicab on
the basis of which the licence was issued without the express written
consent of the Town;
18.12.2
employ or permit any Person not licensed under this by-law as a
driver to operate the taxicab;
18.12.3
require any Person to operate the taxicab for more than twelve (12)
consecutive hours, or six (6) consecutive days;
18.12.4
assign his licence so as to detract or derogate from his obligations
under this by-law;
18.12.5
knowingly operate or permit to be operated a Motor Vehicle for which
he is the Owner with mechanical defects;
18.12.6
require or permit a Taxicab Driver to operate the taxicab when that
Person's ability to operate the Motor Vehicle is impaired by fatigue,
illness, alcohol, drugs or otherwise; and
18.12.7
allow or permit the taxicab licence to be displayed upon any Motor
Vehicle other than the Motor Vehicle on the basis of which the licence
was issued by the Town.
ACCESSIBLE TAXICAB OWNER
18.13 In addition to the requirements of a Taxicab Owner an Accessible Taxicab Owner
shall:
18.13.1
ensure the Motor Vehicle is approved as an Accessible Motor
Vehicle by the Ministry of Transportation and provides written proof
of same to the Issuer of Licences; and
18.13.2
affix the Owner's Plate displaying the International symbol of
disabled Persons on the rear of the Motor Vehicle.
TAXICAB DRIVER'S LICENCE
18.14 Every applicant or Licensee of a Taxicab Driver's licence shall:
18.14.1
submit a current Medical Certificate stating that the applicant or
Licensee is in good health and fit to operate a Motor Vehicle within
thirty (30) days of application;
18.14.2
produce two (2) pieces of identification, one (1) of which contains a
photograph to the satisfaction of the Issuer of Licences;
18.14.3
submit a current Ontario Driver's Licence Abstract from the Ministry
of Transportation obtained within thirty (30) days of application;
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
18.14.4
a copy of a Security Clearance Request including where provided, a
Vulnerable Sector screening issued by the Halton Regional Police
Service or the Police Service in the jurisdiction in which the
applicant or licensee resides, obtained within thirty (30) days of
application;
18.14.5
submit two (2) passport size photographs to the satisfaction of the
Issuer of Licences or agree to have a photograph taken by the Town
upon request;
18.14.6
submit for examination and copy a valid Class G Ontario Driver's
Licence; and
18.14.7
submit a letter of employment with a licensed company.
- 6 -
WRITTEN TEST
18.15 Every applicant or Licensee of Taxicab Driver's licence shall:
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
18.15.1
successfully complete a written test which shall be available in
alternate formats for people with disabilities set by the Issuer of
Licences relating to the provisions of this by-law; and the
geography, landmarks, or sites of the Town.
18.15.2
achieve a mark of at least seventy-five percent (75%) on the first
attempt; achieve a mark of at least eighty-five percent (85%) on the
second attempt; or achieve a mark of at least ninety percent (90%)
on any subsequent attempt.
AUTOMATIC SUSPENSION
18.16 Every Taxicab Driver's licence shall be suspended without hearing when:
18.16.1
the driver's licence issued under the Highway Traffic Act has been
cancelled, suspended, revoked, or has expired effective on the date
of such cancellation, suspension, revocation, or expiration under the
Highway Traffic Act;
18.16.2
the insurance policy of a Taxicab Driver has expired, been
cancelled, or otherwise changed effective on the date of such
expiration, cancellation, or change.
RE-INSTATEMENT
18.17 A Taxicab Driver's licence may be re-instated upon receipt of verification that a
driver's licence issued under the Highway Traffic Act or Motor Vehicle Insurance
has been re-instated.
18.18 Every Taxicab Driver shall,
18.18.1
each day before commencement and upon completion of the
operation of the Motor Vehicle examine the Motor Vehicle for
mechanical defects, and for interior or exterior damage to the Motor
Vehicle, and report to the Owner forthwith any defects or where the
Motor Vehicle fails to meet the requirements of this by-law to the
Owner;
18.18.2
keep a daily trip sheet showing:
18.18.2.1
the name of the Taxicab Driver, the date and the
Owner's Plate number;
18.18.2.2
the location and time of the beginning and end of every
trip made; and
18.18.2.3
the amount collected for each trip;
18.18.3
during working hours be properly dressed, neat and clean in
appearance, and behave courteously to passengers;
18.18.4
provide reasonable assistance to all passengers and their belongings
as is needed to allow egress to and from the taxicab;
18.18.5
immediately upon the termination of each engagement search the
taxicab and forthwith deliver any valuables of substantial worth
including drugs, alcohol, wallets, purses or anything containing any
identification left or lost in it by the passenger to the nearest Police
Station and retain any other property for at least twenty four (24)
hours at the Taxicab Broker's Office except food or beverage items
which may be disposed of;
- 7 -
18.18.6
at all times when operating a taxicab display his driver's licence in
such a manner that the same is clearly visible and readable by any
passengers therein;
18.18.7
at all times when operating a taxicab;
18.18.7.1
display a tariff card supplied by the Town in such a
manner that the same is clearly visible and readable by
any passenger; and
Amended
by By-law
2008-0003
18.18.7.2
engage the Taxicab Meter at the commencement of the
trip when the passenger enters the Motor Vehicle or
before the passenger enters the Motor Vehicle only
after notifying the passenger upon arrival, and shall
keep the Taxicab Meter engaged throughout the trip.
18.18.8
upon request give a passenger a receipt showing his driver's number
and the taxicab company name;
18.18.9
drive the taxicab in the most direct route to the point of destination
unless the passenger directs otherwise; and
18.18.10
report forthwith to the Owner of the Motor Vehicle any damage,
accident or collision occasioned during the operation of the taxicab.
18.19 No Taxicab Driver shall,
18.19.1
operate a Taxicab without an Owner's Plate displayed on the taxicab
in the manner prescribed under this by-law;
18.19.2
operate a taxicab unless the taxicab meets all requirements of this by-
law;
18.19.3
operate a taxicab with luggage or any objects, material or property
therein obstructing his view;
18.19.4
carry in the taxicab a greater number of Persons than the
manufacturer's rated seat capacity for the Motor Vehicle;
18.19.5
take, convey, or possess any liquor except in accordance with the
Liquor Licence Act;
18.19.6
charge a tariff that is not in accordance with the appropriate tariff set
out in this by-law;
18.19.7
operate a taxicab and take on an additional fare after the taxicab has
been engaged by a passenger except at the request or the consent of
the passenger already in the taxicab;
18.19.8
operate a taxicab when the Taxicab Meter does not operate properly
or has not been adjusted in accordance with the existing current rates
set out in this by-law; and
18.19.9
operate a taxicab when the Taxicab Meter seal is improperly affixed
or sealed.
18.19.10
maintain a trip record in accordance with this by-law for at least twelve
(12) months;
- 8 -
Amended
by By-law
2008-0003
Amended
by By-law
2007-0074
ACCESSIBLE TAXICAB DRIVER
18.20 In addition to the requirements of a Taxicab Driver an Accessible Taxicab driver
shall:
18.20.1
complete a driver improvement and sensitivity training program and
provide written proof of same to the Issuer of Licences;
18.20.2
unless otherwise engaged, serve the first Person unable to board
regular taxicabs due to a physical disability upon request;
18.20.3
offer assistance as required to a disabled Person entering or exiting
the Motor Vehicle;
18.20.4
ensure that a wheelchair is properly secured in the area so
provided; and
18.20.5
ensure that the seatbelt is properly secured.
18.21 No Person shall drive an Accessible Taxicab who has not submitted
documentation verifying that the provisions of this by-law have been complied
with to the Town.
TAXI STANDS
18.22 The issuing of a Taxi Stand licence on private property shall be subject to:
18.22.1
the written consent of the property owner;
18.22.2
approval by the Town of a site plan to be submitted indicating where
the Taxi Stand will be located;
18.22.3
the passing of a by-law to designate a Taxi Stand; and
18.22.4
compliance with the provisions of this by-law and any restrictions set
out in Schedule 4-A to this by-law
18.23 No Taxi Stand licensee shall:
18.23.1
be permitted to have exclusive rights to any Taxi Stand in the Town or
enter into or become a party to any Exclusive Agreement which gives
a Person the sole right to provide Taxicab service to or from the
designated Taxi Stand
18.23.2
operate as a Halton Hills Taxicab Broker fully licensed under this by-
law
18.24 Every licensee of a Taxi Stand shall:
18.24.1
permit any Taxicab Driver or Taxicab Owner licensed under this by-
law to pick up passengers from the designated Taxi Stand location;
18.24.2
mark the Taxi Stand(s) located on the subject property with signage
and/or pavement markings approved by the Town;
18.24.3
maintain orderliness at the Taxi Stand to ensure the public safety;
and
18.24.4
provide the name of every Non-Halton Hills Taxicab Broker that is
servicing the Taxi Stand to the Town's Issuer of Licences
- 9 -
Amended
by By-law
2007-0074
Amended
by By-law
2007-0074
NON-HALTON HILLS TAXI STAND BROKERS
18.25 Every applicant for a Taxi Stand Broker's Permit shall:
18.25.1
submit proof that they are a license brokerage
18.25.2
provide the Town's Issuer of Licences with a list showing:
18.25.2.1
the valid municipal plate number of every Taxicab
Owner's taxicab not licensed by the Town under this
by-law that will be attending at the designated Taxi
Stand specified on his permit; and
18.25.2.3
the name of every Taxicab Driver operating a licensed
taxicab in affiliation with the Broker
18.25.3
notify the Issuer of Licences of any additions or deletions of any non-
Halton Hills taxicab to the list of non-Halton Hills plate numbers and
drivers provided under Subsection 18.22.2'
18.25.4
pay a fee to the Town as provided for in this By-law or any amending
By-law;
18.25.6
ensure that all Taxicab Owners and Taxicab Drivers to whom the
Taxicab Broker dispatches calls comply with the requirements of this
By-law; and
18.25.7
require all Taxicab Owners who are affiliated with the Taxicab Broker
to use the same roof light which includes the name of the brokerage
and to display the Halton Hills Taxi Stand Permit window pressure
sticker on the taxicab.
18.26 No Person shall dispatch a taxicab to a designated Halton Hills Taxi Stand in
affiliation with any Taxicab Owner who is not licensed by the Town or does not
possess a valid Halton Hills Taxi Stand Owners' Permit.
NON-HALTON HILLS TAXICAB OWNERS
18.27 Every applicant for a Taxi Stand Owner's Permit shall:
18.27.1
submit a copy of their valid and current municipal Taxicab Owner's
licence to the Town's Issuer of Licences;
18.27.2
provide a copy of valid liability insurance as required under the
Compulsory Automobiles Insurance Act in the amount not less than
two million ($2,000,000.00) with an endorsement that notice in
writing at least thirty (30) days prior to cancellation, expiration or
variation thereof will be given to the Town by the insurance
underwriter to the Licensing Issuer of the Town;
18.27.3
pay a fee to the Town as provided for in this By-law or any amending
By-law;
18.27.4
display and have the designated Taxi Stand Permit window pressure
sticker properly affixed in the lower left hand corner of the windshield
of the taxicab prior to entering the Taxi Stand; and
18.27.5
remove the Taxi Stand Permit window pressure sticker from the
taxicab upon ceasing to be affiliated with an authorized non-Halton
Hills Taxi Stand Broker.
18.28 No Person shall operate a taxicab from a designated Halton Hills Taxi Stand in
affiliation with any Taxicab Broker who is not licensed by the Town or does not
possess a valid Halton Hills Taxi Stand Broker's Permit.
- 10 -
Amended
by By-law
2007-0074
Amended
by By-law
2007-0074
Amended
by By-law
2008-0003
TAXI STAND DRIVER'S RULES
18.29 Every Taxicab Driver shall only enter a Taxi Stand by taking his position at the end
of the line formed by the taxicabs already on the Taxi Stand.
18.30 Every Taxicab Driver while waiting at a Taxi Stand shall not::
18.30.1
obstruct, or interfere in any way with the normal use of the Taxi
Stand or interfere with the surrounding traffic patterns;
18.30.2
create a disturbance or make any loud noise;
18.30.3
maintain the taxicab by cleaning or repairing it, unless immediately
necessary for the operation of the vehicle; and
18.30.4
pick up any passenger within one hundred (100) meters of the Taxi
Stand when there are taxicabs upon the stand.
18.31 Every Taxicab Driver shall carry a current valid municipal Taxicab Drivers licence
when operating from the designated Taxi Stand and make it available to an Officer
upon request.
FEES
18.32 The fee for a Taxi Stand Broker's Permit or a Taxi Stand Owner's Permit is
pursuant to the Town's Municipal Rates and Service Charges By-law.
LIMOUSINES
18.33 The provisions of this by-law do not apply:
18.33.1
to a Limousine engaged in the conveyance of goods or passengers
from any point within the Town to an airport owned and operated
he Crown in right of Canada; and
18.33.2
to a Limousine Owner who has obtained a Public Vehicle
Permit approved by the Ministry of Transportation to operate
throughout Halton Region.
SCHEDULE OF TARIFFS - Limousine
18.34 The tariffs for Limousines are pursuant to the Town's Municipal Rates and
Service Charges By-law and shall include the Goods and Services Tax (GST).
LIMOUSINE OWNERS REQUIREMENTS
INSPECTIONS
18.35 The issuing of a Limousine Owner's Licence shall be subject to:
18.35.1
an annual Motor Vehicle Inspection by the Ministry of
Transportation; and
18.35.2
a Motor Vehicle Inspection at any time by the Town
18.36 Every Limousine Owner and/or Limousine Driver shall:
18.36.1
only provide Limousine service on a prearranged basis in accordance
with this by-law;
- 11 -
18.36.2
not use or maintain the Limousine or any facilities which are in any
way connected or affiliated with any Taxicab Broker licensed under
this by-law; and
18.36.3
not solicit Limousine service in any public place.
18.37 Every Owner of a limousine shall:
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
18.37.1
obtain a separate licence and submit a copy of the Motor Vehicle
Ownership for each taxicab;
18.37.2
submit a copy of valid liability insurance as required under the
Compulsory Automobiles Insurance Act in the amount not less two
million dollars ($2,000,000.00), with an endorsement that notice in
writing at least ten (10) days prior to cancellation, expiration or
variation thereof will be given to the Town by the insurance
underwriter;
18.37.3
within five (5) days, notify the Issuer of Licenses of every accident
involving the Motor Vehicle and furnish to the Town a copy of any
report of the accident filed as required under the Highway Traffic Act;
and
18.37.4
maintain a current record of all drivers operating the Limousine and
provide such list to the Issuer of Licences upon request.
18.37.5
provide and maintain in or on each Motor Vehicle the following:
18.37.5.1
a fully inflated spare tire in good condition;
18.37.5.2
the tools required to change a tire;
18.37.5.3
a tariff card issued by the Town setting out in full the
tariff of fares authorized under this by-law and in
accordance with the Town's Municipal Rates and
Service Charges by-law; and
18.37.5.4
a holder for the Driver's Licence affixed in a manner that
the same is readable by the passengers.
18.37.6
maintain the exterior of the Limousine in sound condition, clean, in
good repair, free from body damage and a well-maintained exterior
paint finish free from rust, holes or cracks;
18.37.7
maintain the interior of the Motor Vehicle in a clean and dry condition
and in good repair;
18.37.8
maintain a trip record in accordance with this by-law for at least twelve
(12) months;
18.37.9
when the Motor Vehicle is disposed of or ceases use as a Limousine,
forthwith remove from the said Motor Vehicle the roof light, all
identifying decals or markings, fender numbers and any other items
that make the Motor Vehicle appear to the public to be a Limousine;
18.37.10
forthwith repair any damage or mechanical defect in the Motor
Vehicle reported to him by a Limousine Driver;
18.38 No Owner of a Limousine shall:
18.38.1
make any material changes, alterations or additions to the Limousine
on the basis of which the licence was issued without the express
written consent of the Town;
18.38.2
employ or permit any Person not licensed under this by-law as a
driver to operate the Limousine;
- 12 -
18.38.3
require any Person to operate the Limousine for more than twelve
(12) consecutive hours, or six (6) consecutive days;
18.38.4
assign his licence so as to detract or derogate from his obligations
under this by-law;
18.38.5
knowingly operate or permit to be operated a Motor Vehicle for which
he is the Owner with mechanical defects;
18.38.6
require or permit a Limousine Driver to operate the Limousine when
that Person's ability to operate the Motor Vehicle is impaired by
fatigue, illness, alcohol, drugs or otherwise; and
18.38.7
allow or permit the Limousine licence to be displayed upon any Motor
Vehicle other than the Motor Vehicle on the basis of which the licence
was issued by the Town
OWNER'S PLATE
18.39 Every Limousine Owner shall:
18.39.1
display an Owner's Plate bearing a number provided by the Town;
and
18.39.2
locate such plate on the rear of the Motor Vehicle in a visible place.
TRANSFERABILITY
18.40 Every Limousine Owner may transfer a licence and Plate from one Motor Vehicle
to another Motor Vehicle provided that:
18.40.1
all required documentation is provided to the Town;
18.40.2
a re-inspection fee is submitted and a Town inspection of the
replacement Motor Vehicle is completed;
18.40.3
all requirements of this by-law are met; and
18.40.4
a replacement licence is obtained from the Issuer of Licences.
ACCESSIBLE LIMOUSINE OWNER
18.41 In addition to the requirements of a Limousine Owner an Accessible Limousine
Owner shall:
18.41.1
ensure the Motor Vehicle is approved as an Accessible Motor
Vehicle by the Ministry of Transportation and provides written proof
of same to the Issuer of Licences; and
18.41.2
affix the Owner's Plate displaying the International symbol of
disabled Persons on the rear of the Motor Vehicle.
Amended
by By-law
2008-0003
LIMOUSINE DRIVER'S LICENCE
18.42 Every applicant or Licensee of a Limousine Driver's licence shall:
18.42.1
submit a current Medical Certificate stating that the applicant or
Licensee is in good health and fit to operate a Motor Vehicle within
thirty (30) days of application;
18.42.2
produce two (2) pieces of identification, one (1) of which contains a
photograph to the satisfaction of the Issuer of Licences;
- 13 -
18.42.3
submit a current Ontario Driver's Licence Abstract from the Ministry
of Transportation obtained within thirty (30) days of application;
Amended
by By-law
2008-0003
18.42.4
submit a copy of a Security Clearance Request including where
provided, a Vulnerable Sector screening issued by the Halton
Regional Police Service or the Police Service in the jurisdiction in
which the applicant or licensee resides, obtained within thirty (30)
days of application; and
18.42.5
submit two (2) passport size photographs to the satisfaction of the
Issuer of Licences or agree to have a photograph taken by the Town
upon request;
18.42.6
submit for examination and copy a valid Class G Ontario Driver's
Licence; and
18.42.7
submit a letter of employment with a licensed company
AUTOMATIC SUSPENSION
18.43 Every Limousine Driver's licence shall be suspended without hearing when:
18.43.1
the driver's licence issued under the Highway Traffic Act has been
cancelled, suspended, revoked, or has expired effective on the date
of such cancellation, suspension, revocation, or expiration under the
Highway Traffic Act;
18.43.2
the insurance policy of a Limousine Driver has expired, been
cancelled, or otherwise changed effective on the date of such
expiration, cancellation, or change.
RE-INSTATEMENT
18.44 A Limousine Driver's licence may be re-instated upon receipt of verification that a
driver's licence issued under the Highway Traffic Act or Motor Vehicle Insurance
has been re-instated.
LIMOUSINE DRIVER
18.45 Every Limousine Driver shall,
18.45.1
each day before commencement and upon completion of the
operation of the Motor Vehicle examine the Motor Vehicle for
mechanical defects, and for interior or exterior damage to the Motor
Vehicle, and report to the Owner forthwith any defects or where the
Motor Vehicle fails to meet the requirements of this by-law to the
Owner;
18.45.2
keep a daily trip sheet showing:
18.45.2.1
the name of the Limousine Driver, the date and the
Owner's Plate number;
18.45.2.2
the location and time of the beginning and end of every
trip made; and
18.45.2.3
the amount collected for each trip;
18.45.3
during working hours be properly dressed, neat and clean in
appearance, and behave courteously to passengers;
18.45.4
provide reasonable assistance to all passengers and their belongings
as is needed to allow egress to and from the taxicab;
- 14 -
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
18.45.5
immediately upon the termination of each engagement search the
limousine and forthwith deliver any valuables of substantial worth
including drugs, alcohol, wallets, purses or anything containing any
identification left or lost in it by the passenger to the nearest Police
Station and retain any other property for at least twenty four (24)
hours at the Limousine Owner's Office except food or beverage items
which may be disposed of;
18.45.6
at all times when operating a limousine display his driver's licence in
such a manner that the same is clearly visible and readable by any
passengers therein;
18.45.7
upon request give a passenger a receipt showing his driver's number
and the Limousine company name;
18.45.8
drive the limousine in the most direct route to the point of destination
unless the passenger directs otherwise; and
18.45.9
report forthwith to the Owner of the Motor Vehicle any damage,
accident or collision occasioned during the operation of the
Limousine.
18.46 No Limousine Driver shall,
18.46.1
operate a Limousine without an Owner's Plate displayed on the
limousine in the manner prescribed under this by-law;
18.46.2
operate a limousine unless the limousine meets all requirements of
this by-law;
18.46.3
operate a limousine with luggage or any objects, material or property
therein obstructing his view;
18.46.4
carry in the limousine a greater number of Persons than the
manufacturer's rated seat capacity for the Motor Vehicle;
18.46.5
take, convey, or possess any liquor except in accordance with the
Liquor Licence Act;
18.46.6
charge a tariff that is not in accordance with the appropriate tariff set
out in the Town's Rates & Fees By-law;
ACCESSIBLE LIMOUSINE DRIVER
18.47 In addition to the requirements of a Limousine driver an Accessible Limousine
driver shall:
18.47.1
complete a driver improvement and sensitivity training program and
provide written proof of same to the Issuer of Licences;
18.47.2
unless otherwise engaged, serve the first Person unable to board
regular taxicabs due to a physical disability upon request;
18.47.3
offer assistance as required to a disabled Person entering or exiting
the Motor Vehicle;
18.47.4
ensure that a wheelchair is properly secured in the area so
provided; and
18.47.5
ensure that the seatbelt is properly secured.
18.48 No Person shall drive an Accessible Limousine who has not submitted
documentation verifying that the provisions of this by-law have been complied
with to the Town.
Schedule No. 6 to By-law No. 2005-0067
Amended
by By-law
2008-0003
INSPECTIONS
20.1
The issuing of a Personal Care Services Establishment licence shall be subject
to:
20.1.1
a fire safety inspection of the Premises by the Town;
20.1.2
required inspections of the Premises by the Regional Municipality of
Halton Health Department.
APPLICATION REQUIREMENTS
20.2
Every applicant or Licensee of a Personal Care Services Establishment shall:
20.2.1
submit a copy of a valid Certificate of Qualification from a
recognized institution for each Person employed to perform Hair
cutting and styling;
20.2.2
submit accreditation of training or education from an institution or
organization appropriate to the personal care procedure for each
Person employed to perform such procedure;
20.2.3
submit the Registration numbers for each registered massage
therapist employed therein;
20.2.4
warn potential customers of any known inherent dangers and public
health risks associated with any procedure or service provided or
offered to any Person by posting a sign in the establishment clearly
visible to the public; and
20.2.5
where tattooing services are offered:
20.2.5.1
submit proof of current Commercial General
Liability insurance with the professional liability
exclusion clause, and
Amended
by By-law
2008-0003
20.2.5.2
post a sign provided by the Town in a
conspicuous location, clearly visible to the
public at all times inside the entrance to their
establishment advising potential customers of
the high risk nature of tattooing procedures, and
that the establishment does not have the
requisite insurance should the client contract a
blood-borne illness as a result of the tattooing
procedure.
20.3
No Person shall contravene the Personal Service Settings Protocol under the
Infection Control Program of the Mandatory Health Programs and Services
Guidelines, January 1998, published by the Minister of Health as authorized by
Class of Licence:
PERSONAL CARE SERVICES ESTABLISHMENT
Type of Licence:
Acupuncture
Beauty Treatment
Body and Ear Piercing
Electrolysis
Hair Cutting and Styling
Manicure and Nail Treatment
Micropigmentation or Tanning
Tattooing
Purpose:
Repealed by By-law No. 2008-0003.
- 2 -
the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as amended and
the requirements of the Medical Officer of Health and the Personal Services
Settings Protocol provided by the Regional Municipality of Halton Health
Department.
20.4
No Person shall permit any Person to engage in any activity in a Personal Care
Service Establishment unless such Person holds a valid Certificate of
Qualification or has demonstrated qualifications through the successful
completion of one or more formal courses of education and accreditation from an
institution or organization appropriate to the activity.
20.5
No Person who operates or maintains the business of a Personal Care Services
Establishment shall offer the services of a Registered Massage Therapist unless
such Persons in his or her employ are duly registered with the College of
Massage Therapists of Ontario in accordance with the Massage Therapy Act,
1991, c.27, as amended and the Regulated Health Professions Act, 1991,
S.O.1991, c.18, as amended as Registered Massage Therapists.
20.6
No Person shall operate an Adult Entertainment Establishment or an Adult Mini-
Theatre in Premises licensed as a Personal Care Services Establishment.
Schedule No. 7 to By-law No. 2005-0067
Amended
by By-law
2008-0003
INSPECTIONS
21.1
The issuing of a Salvage Yard licence shall be subject to:
21.1.1
a fire safety inspection of the Premises by the Town;
21.1.2
an inspection of the Premises by the Building Department;
21.1.3
an inspection by an Officer to confirm all the requirements of the by-
law have been complied with; and
21.1.4
an inspection of the Premises by the Halton Region Health
Department.
ADDITIONAL REQUIREMENTS
21.2
Every applicant or Licensee of a Salvage Yard shall:
21.2.1
submit a site plan illustrating with measurements the boundaries of
the property, the location of fences, the location of all buildings and
other structures on the property, the location of Off-Street Parking
and the number of spaces provided, and the actual or proposed
planting of trees and shrubs, if required.
21.2.2
submit a Phase 1 Environmental Site Assessment upon the filing of
an initial application;
21.2.3
submit a Phase II Environmental Site Assessment at the time of
applying for the first renewal of the licence;
21.2.4
apply potable ground water site condition standards in accordance
with the Environmental Protection Act guidelines in preparing the
Modified Record of Site Condition as prescribed by the Regional
Municipality of Halton;
21.2.5
file the completed Modified Record of Site Condition and a copy of
the Phase II Environmental Site Assessment with the Regional
Municipality of Halton;
Amended
by By-law
2008-0003
21.2.6
have registration with the Ministry of Environment Hazardous Waste
Class of Licence:
RECYCLING ESTABLISHMENT
Type of Licence:
Salvage Yard
Purpose:
Repealed by By-law No. 2008-0003
- 2 -
Information Network (HWIN), unless otherwise exempt by an
applicable law pursuant to the Environmental Protection Act; and
21.2.7
submit a copy of a current valid garage licence issued by the
Ministry of Transportation as required for the wrecking and
dismantling of used Motor Vehicles.
21.3
An applicant or Licensee of a Salvage Yard shall submit an updated Phase II
Environmental Site Assessment and Modified Record of Site Condition every
fifteen (15) years from the date of the previous Phase II Environmental Site
Assessment and Modified Record of Site Condition.
PEER REVIEW
21.4 Should the Town determine there is a need to obtain further evaluation or
expertise, a peer review of any submitted documents by a Town selected
consultant shall be conducted at the expense of the applicant or Licensee.
RECORD-KEEPING
21.5
Every Licensee of a Salvage Yard shall maintain a bound record book with
numbered pages or a computer database to store the details of all sales and
purchases indicating the name and address of each vendor or purchaser,
description of goods, amount paid or received, and the date of each transaction
available for inspection upon request.
FENCE REQUIRMENTS
21.6
Every applicant or Licensee of a Salvage Yard shall:
21.6.1
fence the entire perimeter of the area to be used as a Salvage Yard;
21.6.2
construct and maintain a fence enclosing the Salvage Yard:
21.6.2.1
of either solid metal or wood or other opaque
screening, which is approved by the Town;
21.6.2.2
painted a uniform earth-tone colour in any beige, tan,
or brown hue;
21.6.2.3
supported by posts of not more than 2.5 metres apart;
21.6.2.4
a minimum height of 3.0 metres;
21.6.2.5
a maximum height of 4.26 metres;
21.6.2.6
of the same height throughout;
- 3 -
21.6.2.7
kept in a plumb and structurally sound condition free
from deterioration, extensive peeling, corrosion,
discolouration, fading and graffiti; and
21.6.2.8
located a minimum of 8.0 metres from any adjacent
property line of a highway.
21.6.3
All gates forming part of the enclosure shall be constructed in a
similar manner as the fence prescribed by this by-law.
21.6.4
A building may form part of the prescribed fence.
21.6.5
Notwithstanding the provisions of this by-law, a fence is not required
on the mutual property line between two Salvage Yards if both
Owners mutually agree and advise the Town in writing, but nothing
shall prevent a property owner from exercising the right to a
boundary line fence in accordance with the Line Fences Act.
21.6.6
A Salvage Yard that existed prior to September 10, 2001 is deemed
to be in conformity:
21.6.6.1
with subsections 21.6.2.3 and 21.6.2.8; and
21.6.6.2
with subsections 21.6.2.1, 21.6.2.4, and 21.6.2.6 if the
area of the Salvage Yard is located within a larger
parcel of land where dense vegetation and forest
cover remains and provides natural screening around
the fenced enclosure until such time as the fence is
replaced.
21.6.7
A Licensee of a Salvage Yard may apply for a temporary exemption
to fencing the perimeter of a Salvage Yard as required by this by-
law.
21.6.8
Council may at any time revoke or rescind the approval for an
exemption under Section 21.6.7 of this by-law, upon providing the
Licensee with written notice.
OFF-STREET PARKING
21.7
No Licensee of a Salvage Yard shall permit Off-Street Parking outside of the
fence required by this by-law, except during the hours of operation outlined in this
by-law. During the hours of operation, Off-Street Parking shall be permitted only
in those areas designated on the approved Site Plan.
STORAGE
21.8
No Licensee of a Salvage Yard shall store, place or deposit salvage, refuse,
debris, vehicles or parts thereof, or waste matter of any kind whatsoever:
21.8.1
higher than the top of the fence prescribed by this by-law; or
- 4 -
21.8.2
outside of the fence prescribed by this by-law.
21.9
No Person shall permit any salvage, refuse, debris, vehicles or parts thereof or
waste matter of any kind whatsoever, to be placed or deposited outside the
fenced areas for a period longer than forty-eight (48) hours.
HOURS OF OPERATION
21.10 No Licensee of a Salvage Yard shall operate or permit to be operated a Salvage
Yard, transact any sale or be open to the general public other than between the
hours of:
7:00 a.m. and 6:00 p.m., Monday through Friday; and
8:00 a.m. and 4:00 p.m. on Saturday.
21.11 No Licensee of a Salvage Yard shall perform or permit to be performed site work
such as land clearing, grading, or earth moving in connection with the Salvage
Yard operation that may cause noise, dust, nuisance light, or other disturbance
except during the hours of operation set out in this by-law.
21.12 No Licensee of a Salvage Yard shall operate or permit the Operation of a Crusher
except during the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday.
21.13 No Licensee of a Salvage Yard shall operate or permit to be operated a Salvage
Yard on any holiday as defined by the Interpretations Act, R.S.O. 1990, c.l.11.
21.14 The provisions of this by-law do not apply to the dropping off of vehicles in
emergency situations under the authority of the Highway Traffic Act or Police
Services Act.
AREA OF SALVAGE YARD
21.15 No Salvage Yard shall exceed ten (10) acres (4.05 Hectares) in area.
Deleted and replaced with Schedule
I - Driving School Operators by By-
law No. 2023-0090
Schedule No. 10 to By-law No. 2005-0067
INSPECTIONS
24.1
The issuing of a Support Activity for Road Transportation licence shall be subject
to:
24.1.1
a fire safety inspection of the Premises by the Town;
24.1.2
an inspection of the Premises by the Building Department; and
24.1.3
a mandatory annual Motor Vehicle Inspection by the Ministry of
Transportation of each Motor Vehicle owned or used by the
licensee.
TOWING SERVICE COMPANY
24.2
Every Support Activity for Road Transportation applicant or Licensee of a Towing
Service Company shall submit for each vehicle owned by the Towing Service
Company or used by the Towing Service Company:
24.2.1
a copy of the Motor Vehicle ownership indicating the make, model,
year, and vehicle identification number and the Ontario licence plate
number for each Motor Vehicle to be licensed as a tow truck;
24.2.2
a copy of valid liability insurance as required under the
Compulsory Automobiles Insurance Act in the amount not
less two million dollars ($2,000,000.00), including at least one
hundred thousand dollars ($100,000.00) against liability for
damage to a customer's Motor Vehicle while in his/her care,
custody or control caused by upset, collision, fire, theft,
storm, or mischief, with an endorsement that notice in writing
at least ten (10) days prior to cancellation, expiration or
variation thereof will be given to the Town by the insurance
underwriter;
24.2.3
a valid and current Safety Standards Certificate issued pursuant to
the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, within
sixty (60) days of application; and
Class of Licence:
SUPPORT ACTIVITY FOR ROAD TRANSPORTATION
Type of Licence:
Towing Service Company
Tow Truck Driver
Towing Storage Compound
Driving School Operator
Purpose:
Deleted and replaced with Schedule I - Driving
School Operators by By-law No. 2023-0090
- 2 -
24.2.4
a copy of a valid Ministry of Transportation commercial vehicle
inspection certificate for all towing vehicles registered in excess of
4500 kilograms.
24.3
Every Support Activity for Road Transportation applicant or Licensee of a Towing
Service Company shall submit:
24.3.1
a statement of Rates and Charges for all services provided by the
Towing Service Company;
24.3.2
proof of Goods and Services Tax registration;
24.3.3
a list of Tow Truck Drivers who will drive on behalf of the Towing
Service Company; and
24.3.4
the assessed address of the Towing Storage Compound.
24.4
Every Support Activity for Road Transportation Licensee of a Towing Service
Company shall:
Amended
by By-law
2008-0003
24.4.1
affix the Owner's Plate and validation sticker for the current year
provided by the Town in a visible place on the rear of each Motor
Vehicle that will be used by the Towing Service Company;
24.4.2
ensure any tow truck operated in association with the Towing
Service Company accepts calls only from a Towing Service
Company licensed under this by-law;
24.4.3
provide a twenty-four (24) hour seven (7) day per week telephone
answering and tow truck service to the public;
24.4.4
prominently display the Towing Service Company name on the
outside of each door of each tow truck;
24.4.5
maintain a record of all calls responded to by tow trucks dispatched
by the licensee;
24.4.6
submit a vehicle safety standard certificate issued under the
Highway Traffic Act each year for any tow truck owned by him within
sixty (60) days of the expiry date of the licence;
24.4.7
ensure a copy of the schedule fees is in each tow truck and made
available immediately to any client upon request;
24.4.8
provide the client with the Towing Service Company business card
that indicates the name, address, phone number and business of
the compound;
24.4.9
keep the interior and exterior of all tow trucks owned by him/her in a
clean and sanitary condition and in good repair; and all equipment in
- 3 -
good, operable and safe condition; and
24.4.10
have a Towing Storage Compound or the use of a Towing Storage
Compound, and every Support Activity for Road Transportation
Licensee of a Towing Storage Compound shall have a Towing
Storage Compound that:
24.4.10.1
is maintained in a clean and orderly condition pursuant
to legislative requirements regarding the retention
periods for damaged materials and vehicles involved
in accidents;
24.4.10.2
is large enough to accommodate eighteen (18) square
metres per vehicle and an additional nine (9) square
metres per vehicle for laneways;
24.4.10.3
is secured and fully enclosed by a minimum two (2)
metre high fence with a locking gate to prevent
unauthorized access.
24.4.10.4
is staffed to permit the release of Motor Vehicles
during normal business hours from 9:00 a.m. to 6:00
p.m. Monday to Friday and from 9:00 a.m. to 12:00
p.m. on Saturday;
24.4.10.5
is accessible to the Police for emergency or
investigative purposes at all times;
24.4.10.6
has a posted sign at the entrance the indicating the
Towing Service Company name, 24 hour phone
number, and business hours; and
Amended
by By-law
2008-0003
24.4.10.7
ensures the safety and well being of any Person
attending the Towing Service Compound from guard
dogs.
24.5 No Towing Service Company shall be licensed under this by-law before all Tow
Truck Drivers in his employ are licensed or shall permit any Person other than a
Tow Truck Driver licensed under this by-law to tow a Motor Vehicle.
24.6 No Person shall demand or receive any rates or charges other than those on file
with the Issuer of Licences.
24.7
No Person shall solicit, offer or otherwise propose the hiring of a tow truck or
make or convey an offer of towing services, business services, or goods while
that Person is within two hundred (200) metres of,
24.7.1
the scene of a Motor Vehicle accident or apparent accident; or
24.7.2
a Motor Vehicle involved in an accident, on a Highway.
- 4 -
24.8
No Person shall park, stop or stand a tow truck on a Highway within two hundred
(200) metres of,
24.8.1
the scene of a Motor Vehicle accident or apparent accident; or
24.8.2
a Motor Vehicle involved in an accident,
except a Towing Service Company licensed under this by-law and summoned by
the police or by a Person involved in the accident to lend assistance.
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
24.9
No Person shall unnecessarily park, stop, stand, or attend the scene of a Motor
Vehicle accident or apparent accident when Tow Trucks are already on the scene
to attend to the number of Motor Vehicles involved in the accident as necessary,
for the removal of disabled vehicles, to provide assistance, for highway
maintenance, and for reasons of safety.
24.10 No Person shall operate, use, or maintain a Towing Service Company licensed
under this by-law, in conjunction with, or in any way connected or affiliated with
any facility where Auto Body Repairs are carried out.
TOW TRUCK DRIVER
24.11 Every Support Activity for Road Transportation applicant or Licensee of a Tow
Truck Driver shall:
24.11.1
submit two (2) passport-sized photographs to the satisfaction of the
Issuer of Licence or agree to have a photograph taken by the Town
upon request;
24.11.2
submit a current Ontario Driver's Licence Abstract from the Ministry
of Transportation obtained within thirty (30) days of application;
24.11.3
submit a copy of a Security Clearance Request including where
provided, a Vulnerable Sector Screening issued by the Halton
Regional Police Service or by the Police Service in the jurisdiction in
which the applicant or licensee resides, obtained within thirty (30)
days of application;
24.11.4
submit for examination and copy a valid Class G or higher Ontario
Driver's Licence; and
24.11.5
submit a letter of employment with a licensed Towing Service
Company.
24.12 No Person shall operate as a Tow Truck Driver for any Towing Service Company
or receive dispatched calls from any Towing Service Company that is not licensed
under this by-law.
- 5 -
24.13 No Person shall drive or operate any Motor Vehicle as a tow truck unless such
Motor Vehicle is owned by a licensed Tow Truck Company or by a licensed Tow
Truck Driver under this by-law.
24.14 Every Tow Truck Driver shall:
24.14.1
not tow any Motor Vehicle that can be driven unless directed by a
Police Officer or the Person who has lawful possession of the Motor
Vehicle;
24.14.2
be sufficiently knowledgeable and skilled in the use of all equipment
to prevent unnecessary delays, hazards, or damage to property;
24.14.3
immediately put on an approved safety vest and activate safety
lighting at the scene of an accident upon exiting the tow truck;
24.14.4
take due care of any Motor Vehicle and property entrusted to him or
her for towing;
24.14.5
be available to provide service at any time in a twenty-four (24) hour
day to any Person requiring a tow within the Town unless previously
engaged or for reasons beyond the Tow Truck Driver's control;
24.14.6
keep the tow truck in good repair, clean, and free from exterior body
and finish damage;
24.14.7
present an itemized bill for services setting out the cost of all
services based on the tariff statement of rates and charges filed by
the Tow Truck Company with the Town to the Person who has
lawful possession of the Motor Vehicle being towed; and
24.14.8
remove any parts of the Motor Vehicle being towed including glass
that may have fallen onto the Highway and seek the assistance of a
Police Officer to ensure safe conditions for removal of same.
24.15 No Licensee of a Towing Service Company or a Tow Truck Driver shall:
24.15.1
hook, lift, or commence to tow or move any Motor Vehicle before
either being hired by a Person having lawful possession of a Motor
Vehicle who has agreed to the tow, or being directed by the Officer
authorized by law to direct the removal of the Motor Vehicle from
private or public property to a location specified by the Person
having lawful possession of a Motor Vehicle or a Police Officer;
24.15.2
influence, coerce, or use an affiliation with any auto body or auto
repair service to attempt to influence any Person to use such
service;
24.15.3
interfere with any contract for hiring of a tow truck where a Person
has hired or has indicated his or her intention to hire a tow truck;
- 6 -
24.15.4
solicit any business at the scene of an accident or chase calls
through the use of informants, scanners, or any other means
conducive to solicitation;
24.15.5
use a tow truck that is in an unsafe condition or improperly
equipped;
24.15.6
charge costs due to time lost caused by defects or deficiencies of
the tow truck; and
24.15.7
equip any tow truck with scanning devices or possess or use any
scanner or radio capable of monitoring police, ambulance or any
other Towing Service Company's frequency.
SAFETY EQUIPMENT AND TOOLS
24.16 Every tow truck shall be equipped with the following safety equipment and
tools:
24.16.1
a standard hoisting device of sufficient capacity to safely lift the
Motor Vehicle to be towed;
24.16.2
tow cradle, tow bar, tow sling, sufficiently maintained to ensure the
safe lifting and conveyance of a towed Motor Vehicle;
24.16.3
a device for securing the steering wheel of a Motor Vehicle to be
towed;
24.16.4
proper dollies in mechanically sound and safe working order;
24.16.5
at least two (2) wheel chocks;
24.16.6
broom, shovel, and minimum five (5) gallon pail securely attached
when tow truck in motion;
24.16.7
standard vehicle lighting required by the Highway Traffic Act;
24.16.8
minimum of one (1) eight inch yellow revolving light;
24.16.9
light bar or light assembly for use on a towed Motor Vehicle if
necessary;
24.16.10
heavy-duty five (5) foot pry bar;
24.16.11
flares in sufficient quantity for thirty (30) minutes of use;
24.16.12
minimum of 32m of winch cable for a wrecker-style tow truck, or a
minimum of 15m of winch cable for a flatbed-style tow truck;
24.16.13
working flashlight;
- 7 -
24.16.14
reflective safety vest(s) to be worn by every Tow Truck Driver and
any assistant outside the tow truck while "on scene";
24.16.15
fire extinguisher containing a minimum of 1.25 kilograms of dry
chemical capable of functioning at -40º Celsius; and
24.16.16
at least two (2) safety chains, each comprised of links of a least
8mm steel and each with a minimum length of 2.75m.
DRIVING SCHOOL OPERATOR
24.17 Every Driving School Operator applicant or Licensee shall submit:
24.17.1
a copy of valid liability insurance as required under the Compulsory
Automobiles Insurance Act in the amount of not less than two
million dollars ($2,000,000.00) for each Motor Vehicle to be used by
the driving school for the purpose of giving driving instruction, with
an endorsement that notice in writing at least ten (10) days prior to
cancellation, expiration or variation thereof will be given to the Town
by the insurance underwriter;
24.17.2
the Motor Vehicle ownership for each Motor Vehicle to be used by
the driving school for instruction;
24.17.3
a Safety Standards Certificate for each Motor Vehicle to be used by
the driving school for instruction except in the case of brand new
Motor Vehicles obtained within six (6) months from the effective
date of the Motor Vehicle registration;
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
24.17.4
a copy of each instructor's driving instructor's licence issued
pursuant to the Regulations enacted under the Highway Traffic Act;
24.17.5
a Statement of Rates and Charges for all services provided by the
driving school.
24.17.6
two (2) pieces of identification, one (1) of which contains a
photograph to the satisfaction of the Issuer of Licences;
24.17.7
a current Ontario Driver's Licence Abstract from the Ministry of
Transportation obtained within thirty (30) days of application;
24.17.8
a copy of a Security Clearance Request including where provided a
Vulnerable Sector Screening issued by the Halton Regional Police
Service or the Police Service in the jurisdiction in which the
applicant or licensee resides, obtained within (30) days of
application; and
24.17.9
two (2) passport size photographs to the satisfaction of the Issuer of
Licences or agree to have a photograph taken by the Town upon
- 8 -
request of the Issuer of Licences.
24.18 Every Driving School Operator shall ensure that every Motor Vehicle used for
driving instruction is:
24.18.1
equipped with a dual control braking system and dual mirrors in
good working order, and placed in a position for ready use by the
driving instructor seated beside the student;
24.18.2
in a safe condition and roadworthy, certified and approved by the
Town for use;
24.18.3
identified by an Owner's Plate issued by the Town affixed to the rear
of the Motor Vehicle in a visible location; and
24.18.4
identified by a roof sign on the Motor Vehicle displaying the name of
the driving school clearly visible at a distance of fifteen (15) metres.
24.19 No Driving School Operator shall:
24.19.1
give instruction to any Person who does not possess a valid G1, M1
(or higher) licence issued by the Ministry of Transportation;
24.19.2
give instruction on private property without the consent of the
registered property owner;
24.19.3
give instruction while in an impaired condition or to a Person who is
in an impaired condition; or
24.19.4
permit any Person who does not possess a current valid driver's
instruction licence and a current valid driver's licence issued
pursuant to the Regulations enacted under the Highway Traffic Act
to give driving instructions to any Person.
24.20 Every Driving School Operator shall:
24.20.1
keep a permanent record of every student driver's name, address,
driver's licence number, the date and time of each driving lesson,
and the name of the instructor who provided lessons to the student;
24.20.2
affix a copy of the Driving School Operator's licence with a
photograph of the driving instructor in every Motor Vehicle plainly
visible to the student driver; and
24.20.3
inform and provide the student driver with a copy of all rates and
charges filed with the Town before commencing driving lessons.
Schedule No. 12 to By-law No. 2005-0067
INSPECTIONS
26.1
The issuing of a Vehicle Service Establishment Licence shall be subject to:
26.1.2
a fire safety inspection of the Premises by the Town; and
26.1.3
an inspection of the Premises by the Building Department;
APPLICATION REQUIREMENTS
26.2
Every applicant or Licensee of a Vehicle Service Establishment shall:
Amended
by By-law
2008-0003
26.2.1
submit a copy of his Certificate of Qualification for automotive
service technician, alignment and brakes technician, fuel and
electrical systems technician, motorcycle technician, transmission
technician, truck and coach technician, truck-trailer service
technician, auto body collision and damage repairer, or auto body
repairer from the Ministry of Training, Colleges, and Universities or
from a Person in his employ who will be performing or supervising
such work appropriate to the Vehicle Service Establishment or a
copy of a Ministry of Transportation List of Registered Mechanics
that includes the applicant or Licensee thereon; and
26.2.2
submit a copy of the Motor Vehicle ownership and Ontario licence
plate number for each Motor Vehicle owned or leased and operated
by him/her used for customer and business towing as an accessory
use to the Vehicle Service Establishment, if applicable.
26.3
Every Licensee who will engage in the retail sale of automobiles shall submit a
valid Motor Vehicle Dealers Registration Certificate issued by the Province.
26.4
No Licensee of a Vehicle Service Establishment shall permit:
26.4.1
the Premises to be used as a Salvage Yard, unless licensed to do
so under this By-law;
26.4.2
a Trailer that is being used for human habitation to be located on
the Premises;
Class of Licence:
VEHICLE SERVICE ESTABLISHMENT
Type of Licence:
Limited Service Vehicle Establishment
Full Service Vehicle Establishment
Specialty Vehicle Restoration
Purpose:
Repealed by By-law No. 2008-0003.
- 2 -
26.4.3
any Motor Vehicle to be parked or stored on any sidewalk or on any
portion of road allowance including the boulevard;
26.4.4
the storage of an inoperative Motor Vehicle on the Premises for a
period in excess of eight (8) weeks unless an Active Repair(s) is
being carried out on the Motor Vehicle;
26.4.5
grease, oil, gasoline or other fuels, or other lubricants derived from
the operation of the licensed Premises to drain into a storm sewer
catch basin or to be disposed of in the waste collection by the
Regional Municipality of Halton and such disposal shall be pursuant
to relevant legislation;
Amended
by By-law
2008-0003
Amended
by By-law
2008-0003
26.4.6
any Person to drive, operate or move any Motor Vehicle on the
Premises unless such person is the holder of a valid Ontario driver's
licence;
26.4.7
a Towing Service Company to be operated as an accessory
business to a Vehicle Services Establishment licensed under this
by-law; and
26.4.8
vehicles to be stored outside in yard areas with less than eighteen
(18) square metres per Motor Vehicle and with less than an
additional nine (9) square metres per Motor Vehicle for laneways.
SPECIALTY VEHICLE RESTORATION
26.5
Notwithstanding the provisions of Schedule 12 to this by-law, a licensee who
operates or maintains the business of a Specialty Vehicle Restoration
establishment is permitted to store inoperative Motor Vehicles:
26.5.1
that are actively being restored to their original condition on the
Premises for a period of up to six (6) months;
26.5.2
outside in yard areas that can accommodate eighteen (18) square
metres per Motor Vehicle and an additional nine (9) square metres
per Motor Vehicle for laneways; and
26.5.3
within outside yard areas that are enclosed by a minimum two (2)
metre high fence to provide screening from adjacent residential
properties.
RETAIL SALE OF AUTOMOBILES
26.6
Every applicant or Licensee of a Retail Trade Establishment who engages in the
selling of automobiles shall submit a valid Motor Vehicle Dealers Registration
Certificate issued by the Province.
26.7
No Licensee who engages in the retail sale of automobiles shall permit:
- 3 -
26.7.1
the Premises to be used as a Salvage Yard, unless licensed to do
so under this by-law;
26.7.2
a trailer that is being used for human habitation to be located on the
Premises;
26.7.3
the parking or storing of any Motor Vehicle on any sidewalk or on
any portion of road allowance including the boulevard;
26.7.4
any Person to drive, operate or move any Motor Vehicle on the
Premises unless such Person is the holder of a valid Ontario driver's
licence.
RETAIL SALE OF GASOLINE
26.8
No Licensee who engages in the retail sale of gasoline shall permit:
26.8.1
the Premises to be used as a Salvage Yard or for the sale of
automobiles, unless licensed to do so under this by-law;
26.8.2
a trailer that is being used for human habitation to be located on the
Premises; or
26.8.3
the washroom facilities to be kept in an unclean or unsanitary
condition.