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The Corporation of the Township of Huron-Kinloss
BY-LAW
2017-52
Being a by-law to regulate seasonal mobile watersport equipment
rental businesses within the Township of Huron-Kinloss
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
Sections 8 (1) and 9 provide that the powers of a municipality under this or any
other Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal issues
and has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act;
AND WHEREAS pursuant to the provisions of the said Municipal Act, Section 150
provides that a local municipality may Licence, regulate and govern 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 Council of The Corporation of the Township of Huron-Kinloss
deems it advisable to Licence, regulate and govern seasonal mobile watersport
equipment rental businesses within the Township of Huron-Kinloss;
NOW THEREFORE the Council of The Corporation of the Township of Huron-
Kinloss enacts as follows:
1.0
Definitions:
1.1
"Business Hours" - means the hours in a day in which business is
commonly conducted, for the purposes of seasonal mobile
watersport equipment rental activities these hours are 9:00 am to
9:00 pm Sunday to Saturday.
1.2
"Clerk" - means the Clerk for the Township of Huron-Kinloss.
1.3
"Council" - means the Council of The Corporation of the Township
of Huron-Kinloss.
1.4
"Director" - means the Director of Community Services for the
Township of Huron-Kinloss
1.5
"Licence" - means a Licence issued under the provisions of this by
law.
1.6
"Licensee" - means a person licensed under the provisions of this
by-law.
Page 2 of 5
Seasonal Mobile Watersport Equipment Rental Business By-Law
By-law No. 2017 - 52
1.7
"Public Property" - means any real property, or interest therein,
owned, leased, operated, or otherwise controlled by the Township of
Huron-Kinloss
1.8
"Municipal Law Enforcement Officer" means a person appointed
by the Township under s. 15of the Police Services Act, R.S.O. 1990,
c. P.15, as amended;
1.9
"Seasonal Mobile Watersport Rental Business" - means a person
carrying on the business of operating a seasonal rental business for
human powered watersport equipment including paddleboards,
kiteboards, surf boards, kayaks, canoes and the like.
1.10 "Seasonal Mobile Rental Area" - means the area delineated on
Schedule "A" of this By-Law where a Seasonal Mobile Watersport
Rental Business may be located.
1.11 "Seasonal Mobile Rental Site" - means a designated site for the
purposes of a mobile watersport rental business approved by the
Director of Community Services.
1.12 "Season Duration" - means from April 1st to November 1st in a given
calendar year.
1.13 "Township" - means The Corporation of the Township of Huron-
Kinloss.
2.0
Prohibitions:
2.1
No person shall operate a Seasonal Mobile Watersport Rental
Business within the Township without having obtained a Licence
pursuant to this By-law.
2.2
No person shall fail to affix a Seasonal Mobile Watersport Rental
Business Licence issued under the provisions of this by-law in a
visible place for which it is issued.
2.3
No person shall operate a Seasonal Mobile Watersport Rental
Business in a location other than the Seasonal Mobile Rental Site
approved by the Township.
2.4
No Seasonal Mobile Watersport Rental Business shall be located in
such a manner that it unreasonably confines, impedes or presents a
hazard to pedestrians or other users of the beach, parks, travelled
highway, or emergency response vehicles.
2.5
No person shall transfer a Licence except with consent in writing of
the Township and the Township shall not be bound to give such
consent.
2.6
No person shall operate a Seasonal Mobile Watersport Rental
Business except during Business Hours during the Season Duration.
2.7
No person shall fail to remove their Seasonal Mobile Watersport
Rental Business from Public Property during non-Business Hours.
Overnight parking of a Seasonal Mobile Watersport Rental Business
on a Seasonal Mobile Rental Site is prohibited
2.8
No person shall equip a Seasonal Mobile Watersport Rental
Business with any sounding device, loud speakers, amplifiers or
other hailing devices for attracting attention.
2.9
No person shall equip a Seasonal Mobile Watersport Rental
Business with a generator or other such devise that are powered by
gas, diesel, propane, or any other fuel.
2.10 No person shall use the electrical outlets located on Public Property
for use by the Seasonal Mobile Watersport Rental Business.
2.11 No person shall equip a Seasonal Mobile Watersport Rental
Business with any solid structure, portable shelter or dwelling that
you are unable to see through, does not include a sun canopy or tent
that does not contain sides.
2.12 No person shall cut, damage or remove dune grass or plants or trees
from the beach for the purpose of a Seasonal Mobile Rental Site.
2.13 No person shall offer for rent any item on the beach not described in
section 1.9 of this by-law
3.0
Regulations:
3.1
A Licensee shall be responsible for the removal and disposal of any
and all refuse or trash that is created by the Licensee or their
customers in accordance with the Township's Waste Management
By-laws.
3.2
A Licensee shall comply with all applicable regulations of the Ontario
Fire Code and all requirements of the Ripley Huron Fire Department.
3.3
A Licensee shall at its own expense, promptly observe, perform,
execute and comply with all applicable laws, rules, requirements,
orders, directions, ordinance and regulations of every Federal,
Provincial, or Municipal authority in the operation of their individual
Seasonal Mobile Watersport Rental Business.
3.4
A Licensee is permitted to use a sandwich board sign for advertising,
not to be bigger than 30" wide and 4' in height at the Seasonal Mobile
Rental Site during Business Hours only.
4.0
Administration:
4.1
Every application for a Licence shall be in the form as shown in the
attached Schedule "B" which forms part of this by-law.
4.2
Every application for a Licence shall be accompanied by:
a. The full and true name under which the business is to be
conducted;
b. Acceptable written proof that the applicant is at least eighteen
years of age;
c. A description of proposed Seasonal Mobile Watersport Rental
Business;
d. A photo of the applicants proposed Seasonal Mobile Watersport
Rental Business including the logo, colour scheme, insignia, and
any other distinguishing characteristics;
e. When any change occurs regarding the written information
required, prior to the issuance of the Licence, the applicant shall
give written notification of such changes to the Clerk within two
(2) weeks after such change.
4.3
Licence fees pursuant to this By-law shall be established through the
Township's Consolidated Fees By-law.
4.4
The Licensee must provide the Township with a valid insurance
certificate of a minimum of two million dollars ($2,000,000.00) liability
insurance and name the Township as an additional insured. The
Licensee must provide proof of insurance prior to commencing the
business.
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Seasonal Mobile Watersport Equipment Rental Business By-Law
By-law No. 2017 - 52
4.5
The Licensee agrees to name The Corporation of the Township of
Huron-Kinloss in the Licensee's Release of Liability, Waiver of claims
Assumption of Risks and Indemnity Agreement signed by each
customer.
4.6
The Licensee shall indemnify and hold harmless the Township of
Huron-Kinloss, its officers, members of Township Council and
employees from and against any liabilities, claims, expenses,
demands, loss, costs, damages, actions, suits or other proceedings
by whomsoever made, directly or indirectly arising out of the
agreement attributable to bodily injury, sickness, disease or death or
to damage to or destruction of tangible property including loss of
revenue or incurred expense resulting from disruption of service and
caused by any acts of omissions of the Licensee, it's officers, agents,
servants, employees, customers, invitees or Licensees, or occurring
in or on the premises or any part thereof and, as a result of activities
under this agreement.
4.7
Applications will be processed and approved by the Clerk's
Department in consultation with the Director of Community Services.
4.8
Applications will be awarded based on first come first serve
application basis; preference will be given to Township of Huron-
Kinloss Residents/Businesses.
4.9
Applications will be processed with consideration of previous
vending agreements, proximity to other direct competition operating
from a building and impact on the neighbourhood and visual
appearance.
4.9
Seasonal Mobile Rental Site location preference will be balanced
with the proximity to other businesses and beach activity.
4.10 If more applications are received than appropriate sites a bid or
lottery process may be used to award the site.
4.11 All Licences are valid for the designated Seasonal Mobile Rental Site
for the Seasonal Duration and are required to be renewed annually
and a separate Licence fee paid yearly.
4.12 The Township reserves the right to deny any application and limit the
number of licences issued.
4.13 Any application that is denied will be outlined for the applicant and
the applicant shall be eligible for a new application for the following
year.
4.13 Any decision of the Clerk's Department to deny, refuse, suspend or
revoke a Licence may be appealed to Council by filing, in writing, an
appeal with the Clerk within ten (10) days of the notice of decision
being provided. All decisions made by Council on these matters are
final.
5.0
Penalties:
5.1
Every person who contravenes any provisions of this by-law is guilty
of an offence and is subject to the penalties as prescribed in the
Provincial Offences Act, or by suspension or revocation of any
Licence issued under this By-law.
5.2
The Township reserves the right to refuse, suspend or revoke a
Licence.
5.3
All provisions of this by-law may be enforced by a Municipal Law
Enforcement Officer of the Township.
6.0
General:
6.1
This By-law shall come into full force and effect upon its final passage.
6.2
This By-law may be cited as the "Seasonal Mobile Watersport Equipment
Rental Business By-Law"
Read, Enacted, Signed and Sealed this 17th day of April, 2017.
2ULJLQDO6LJQHGE\0LWFK7ZRODQ
Mitch Twolan, Mayor
2ULJLQDO6LJQHGE\6RQ\D:DWVRQ
Sonya Watson, Clerk
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current or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Legend
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Provincial Highway
County Road
Municipal or Other Road
OBM Building Location
OBM Building Footprint
Building Footprint
Road Allowance/Right-of-way
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Private Road Allowance
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Right-of-Way
Road Allowance or Condo Road
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Assessment Parcel
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Condo Unit or Common Element
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First Nation Parcel
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Body of Water
Notes
Schedule "A" By-Law 2017-52
Schedule 'B'
Seasonal Mobile Watersport Equipment Rental Business By-Law
BY-LAW NO. 2017 - 52
Application for a Seasonal Mobile Watersport Equipment Rental Business within the
Township of Huron-Kinloss
Principal Owner/Licence Information
Business Name:
Last Name:
First Name:
Business Address:
City:
Province:
Postal:
Business Phone:
Home Phone:
Cell Phone:
Business Owner Address:
Email:
Proof of Liability Insurance of at least $2,000,000.00
Licence Fee as set out in the Township of Huron-Kinloss Consolidated Fees
By-Law.
A photograph of proposed Seasonal Mobile Watersport Business including the logo,
colour scheme, insignia, and any other distinguishing characteristics;
Description of Business
Indicate Location Requested by circling an area on the Schedule "A" map.
I,
(first name)
am the person whose name appears on this application and I have authority to
make this application on behalf of the named business
have fully and accurately completed this application
As the Licensee shall indemnify and hold harmless the Township of Huron-Kinloss, its
officers, members of Township Council and employees from and against any liabilities,
claims, expenses, demands, loss, costs, damages, actions, suits or other proceedings
by whomsoever made, directly or indirectly arising out of the agreement attributable to
bodily injury, sickness, disease or death or to damage to or destruction of tangible
property including loss of revenue or incurred expense resulting from disruption of
service and caused by any acts of omissions of the Licensee, it's officers, agents,
servants, employees, customers, invitees or Licensees, or occurring in or on the
premises or any part thereof and, as a result of activities under this agreement.
Signature:
Date
*The site permit (if successful) will expire on November 1st and you must re-apply
each year*
SIGN