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CONSOLIDATED
LICENSING BY-LAW 2001-31
As amended by By-laws
2001-67
2002-181
2003-92
2006-99
2007-13
PAGE NO.s
INDEX
PART I
DEFINITIONS
4
PART II
LICENCES
7
PART III
ISSUANCE, RENEWAL OR REFUSAL OF LICENCES 9
PART IV
PRODUCTION AND POSTING OF LICENCE
10
PART V
INSPECTIONS
11
PART VI
POWER TO SUSPEND,
REVOKE OR IMPOSE CONDITIONS
11
PART VII
GENERAL PROVISIONS
13
PART VIII
OFFENCES AND PENALTIES
14
PART IX
NOTICE
15
PART X
CONFLICTS
15
PART XI
SEVERABILITY
15
PART XII
EFFECTIVE DATE & TRANSITION
15
SCHEDULES
Schedule 1
LICENCE FEES AND EXPIRATION DATES
Schedule 2
AMUSEMENT PLACE, ETC.
Schedule 3
AUCTIONEERS
Schedule 4
BAKE SHOPS
Schedule 5
BARBER SHOPS, HAIR DRESSING AND ESTHETICIAN ESTABLISHMENTS
Schedule 6
BILL AND SIGN POSTING AND INSTALLATION
Schedule 7
BILLIARD, BAGATELLE AND POOL ESTABLISHMENTS
Schedule 8
BOWLING ALLEYS
Schedule 9
BUTCHERS
Schedule 10
CAMPING ESTABLISHMENTS
Schedule 11
COMMERCIAL PARKING LOTS
Schedule 12
DEALERS IN OLD GOLD OR OTHER PRECIOUS METALS
Schedule 13
DRIVING SCHOOLS AND DRIVING INSTRUCTORS
Schedule 14
EXHIBITIONS, ETC.
Schedule 15
FLEA MARKETS
Schedule 16
FOOD PREMISES
Schedule 17
LAUNDRYMEN, LAUNDRY COMPANIES, DRY CLEANERS, ETC.
Schedule 18
MOTELS
Schedule 19
PAWN BROKERS
Schedule 20
PEDLARS
Schedule 21
PHOTOGRAPHERS
Schedule 22
PUBLIC GARAGES, AUTOMOBILE SERVICE STATIONS
Schedule 23
PUBLIC HALLS
Schedule 24
REFRESHMENT VEHICLES
Schedule 25
RESTAURANTS
Schedule 26
SPECIFIC LOCATION DAILY SALES
Schedule 27
TATTOO AND BODY PIERCING PARLOURS
Schedule 28
THEATRES
Schedule 29
THERAPEUTIC MASSAGE ESTABLISHMENTS
Schedule 30
TOURIST HOMES, BED & BREAKFASTS
Schedule 31
TRANSIENT TRADERS - Repealed by By-law 2001-67
CITY OF NIAGARA FALLS
A CONSOLIDATED BY-LAW
Being By-Law No. 2001-31 as amended by:
By-laws 2001-67, 2002-181, 2003-92, 2006-99, 2007-13
being a By-law respecting the issuance of licences in the City of Niagara Falls.
WHEREAS section 257.2 of the Municipal Act, R.S.O. 1990, c. M.45, as amended, provides that the
Council of a local municipality may pass by-laws for licensing, regulating and governing any business
carried on within the municipality.
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA
FALLS HEREBY ENACTS AS FOLLOWS:
PART I
DEFINITIONS
1.
In this By-law:
(1)
"applicant" means a person who is required to be licensed pursuant to this By-law, or
who has made application for a licence under this By-law and shall include a Licensee;
(2)
"application" means an application in the form provided by the Clerk and accompanied
by the appropriate fee(s);
(3)
"Building Inspector" means a Building Inspector of the Municipality, or a person
designated to act on his behalf;
(4)
"business" means a trade, business or occupation, and includes the sale or hire of goods
or services on an intermittent or one-time basis, the showing for the purpose of sale or
hire of samples, patterns or specimens of any goods and any activity or thing a local
municipality may licence, but does not include,
(a)
a manufacturing activity or an industry, except to the extent that it sells its
products or raw materials by retail;
(b)
the selling of goods by wholesale; or
(c)
the generation, exploitation, extraction, harvesting, processing, renewal or
transportation of natural resources;
(5)
"Chief of Police" means the person who may from time to time be appointed by the
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Niagara Regional Police Services Board to the position of Superintendent of Division
No. 22 of The Niagara Regional Police Force, or a person designated to act on his
behalf;
(6)
"Chief Building Official" means the person who may from time to time be appointed by
Council to the position of Chief Building Official of the Municipality in conformity with
the provisions of the Building Code Act, and amendments thereto, or his designate;
(7)
"Clerk" means the Clerk of the Corporation of the City of Niagara Falls, or a person
designated to act on his behalf;
(8)
"City Solicitor" means the Solicitor for the Corporation of the City of Niagara Falls, or
a person designated to act on his behalf;
(9)
"Council" means the Municipal Council of the Corporation of the City of Niagara Falls;
(10)
"Director of Finance" means the Director of Finance of the Municipality, or a person
designated to act on his behalf;
(11)
"electrical inspector" means an inspector employed by the Inspection Branch of the
Ontario Hydro Electric Power Commission, or successor entities;
(12)
"Fire Chief" means the person who may from time to time be appointed by Council to
the position of Fire Chief of the Municipality, or a person designated to act on his
behalf;
(13)
"Fire Prevention Officer" means the person who is appointed Fire Prevention Officer
under the provisions of the Municipal by-law which governs and regulates the Fire and
Emergency Services Department of the Municipality;
(14)
"guide dog" means a dog trained to lead a blind person or other person requiring
guidance of an animal for health reasons;
(15)
"highway" includes a common and public highway, street, avenue, parkway, driveway,
square, place, bridge, viaduct or trestle, any part of which is intended for or used by the
general public for the passage of vehicles and includes the area between the lateral
property lines thereof;
(16)
"home occupation" means an occupation, trade, business, profession or craft carried on
as an accessory use of the dwelling as the private residence of the person carrying on the
occupation, trade, business, profession or craft;
(17)
"letter of credit" means an irrevocable letter of credit which shall be drawn on a
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chartered Canadian Bank and deemed to be automatically extended without amendment
for one year from the present or any future expiration date thereof, unless (30) thirty days
prior to any such date the Bank shall notify the Municipality in writing by registered
mail that the Bank elects not to consider this letter of credit renewed for any such
additional period;
(18)
"licence" means a City of Niagara Falls business licence issued pursuant to this By-law;
(19)
"Licensee" means a person to whom a licence is issued under the provisions of this
By-law, either in the current calendar year or in a previous calendar year, and shall
include an applicant;
(20)
"Medical Officer of Health" means the Medical Officer of Health for the Regional
Municipality of Niagara;
(21)
"month" means calendar month;
(22)
"Municipal Law Enforcement Officer" means a person who may from time to time be
appointed by Council to the position of Municipal Law Enforcement Officer, or a person
designated to act and to enforce the Municipality's by-laws;
(23)
"Municipality" means The Corporation of the City of Niagara Falls;
(24)
"N.F.P.A." means the National Fire Protection Association, and may refer to its
handbook and directives;
(25)
"occupant" means any person or persons over the age of eighteen (18) years in
possession or occupation of property;
(26)
"operator" means any person who alone or with others operates, manages, supervises,
runs or controls a business and "operate", "operation" or other words of like import or
intent shall be given a corresponding meaning;
(27)
"Ontario Hydro Inspector" means a person who may be appointed by the Ontario Hydro
Commission for the Region of Niagara, or his designate;
(28)
"owner" means a person who alone or with others has the right to possess or occupy a
property and includes:
(a)
the person for the time being managing or receiving the rent of the land or
premises, whether on the person's own account or as agent or trustee of any other
person, or who would receive the rent if the land and premises were let; and
(b)
a lessee or occupant of the property;
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(29)
"person" includes an individual, firm, corporation, association, partnership, trust,
unincorporated organization, firm and/or the heirs, executors, administrators or other
legal representatives of a person;
(30)
"police officer" means an officer of the Niagara Regional Police Service;
(31)
"premises" means land, including any and all buildings or other structures thereon, and
includes any vehicle or conveyance used in the operation of the business;
(32)
"sidewalk" means that portion of the highway along the roadway set apart for use by
pedestrians, to which the general public has access and that is characterized by a distinct,
man-made structure;
(33)
"Treasurer" means the Treasurer of the Municipality, or a person designated to act on his
behalf;
(34)
"vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-building
machine, bicycle and any vehicle drawn, propelled or driven by any kind of power,
including muscular power, but does not include a motorized snow vehicle or a street car;
and
(35)
"Zoning Administrator" means a person who may be appointed from time to time by
Council to the position of Zoning Administrator for the Municipality.
PART II LICENCES
2.
Every person who carries on, conducts, operates, maintains or keeps any of the trades,
businesses, occupations, callings, objects, amusements, vehicles, places or premises set forth
in any part of this By-law shall procure and maintain a licence from the Municipality in
accordance with this By-law.
3.
No person shall carry on or engage in any trade, calling, business or occupation listed in Section
2 within the boundaries of the Municipality unless he or she has a valid licence permitting him
or her to do so.
4.
(1)
On an application for a licence, or the renewal thereof, the applicant shall provide to the
Clerk:
(a) a completed application form(s);
(b) such information as Council may direct;
(c) the fee(s) for licences prescribed by Schedule 1 of this By-law;
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(2)
where any premises are to be used for a purpose requiring authorization by licence, the
application shall include a sufficient description of such premises, or of the part to be
authorized to be so used, and a separate application shall be made with respect to each
separate premises to be so used.
(3)
where a motor vehicle is to be used for a purpose requiring authorization by licence, the
application shall include a sufficient description of such vehicle, including the name of
the manufacturer, the model and the serial number.
5.
All first-time licence applications require, in addition to the fee(s) for licences prescribed by
Schedule 1 of this By-law, a $25.00 processing fee for administration purposes. This processing
fee is due and payable at the time the application for a license is made, and is not refundable,
notwithstanding that the application for a licence maybe withdrawn or refused for any reason.
6.
Should an application for a licence be withdrawn or refused for any reason, only the licence fee
is refundable.
7.
No licence of any class issued under this By-law may be transferred to any other person.
8.
The requirement of obtaining a licence under this By-law is in addition to, and not in substitution
for, any other requirement to obtain a licence or licences or other regulatory approval under any
other federal, provincial or municipal regulation.
9.
No person licensed under this By-law shall, because of race, colour or creed discriminate against
any member of the public in the carrying on, conducting, operating, maintaining or keeping of
such trade, business, occupation, calling, object, amusement, vehicle, place or premises in
respect of which the licence is issued.
10.
All licences granted under this By-law, unless they are expressed to be granted for a shorter
period or they are revoked or suspended sooner, shall be for the current year of issuing, and
shall expire on the dates listed in Schedule 1 to this By-law.
11.
Where two or more persons carry on or engage in a partnership requiring a licence under this
By-law, the licence will be issued in the name of each partner, and the name and address of each
member of the partnership shall be set out in the application.
12.
Where a corporation requires a licence under this By-law, the corporation shall provide:
(a)
a copy of the most recent corporate filing with the Ministry of Consumer and
Commercial Relations listing all directors and officers and the address of the head office
of the corporation;
(b)
a resolution of the directors of the corporation authorizing the application for a licence;
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(c)
the name and address of every person having responsibility for the management or
operation of the business, and the licence shall be issued to the corporation.
13.
Every Licensee who changes his or her address shall, within four (4) days after such change,
attend at the office of the Clerk and notify the Clerk of such change of address and produce his
or her licence for the change to be entered thereon.
14.
It shall be a condition of every licence that the Licensee shall, in carrying on the business:
(a)
comply with the provisions of this By-law and ensure such compliance by every other
person involved in the carrying on of such business; and
(b)
comply with the provisions of Zoning By-law No. 79-200, and any amendments thereto.
PART III ISSUANCE, RENEWAL OR REFUSAL OF LICENCES
15.
Upon receipt of an application for a licence required by this By-law, the Clerk shall:
(a)
make or cause to be made all investigations which are required;
(b)
determine whether or not any applicant has been convicted of an offence relating to this
or any other by-law; and
(c)
where a report is required from the Medical Officer of Health, Building Inspector, Chief
of Police, Fire Inspector, Hydro Inspector, or any department of the Municipality, cause
such report to be obtained.
16.
Upon completion of the investigations and searches set out above, the Clerk shall issue or renew
a licence provided that:
(a)
the provisions of the particular licence applied for have been complied with;
(b)
the applicant has not been convicted of an offence under this or any other by-law relating
to licenses;
(c)
no adverse comment is received from any of the agencies to which the application was
circulated; and
(d)
each applicant is eighteen (18) years of age or older.
17.
(1)
In the event that the Clerk does not issue the licence, the Clerk shall notify the applicant
of the Clerk's decision by sending the applicant a Notice of Refusal by ordinary mail at
the address noted in the application.
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(2)
The Clerk, in delivering any notice under subsection (1), shall give reasons for the
decision.
18.
Where,
(a)
the reason(s) for refusal of the licence does not deal with non-compliance with
the Municipality's Zoning By-law; and
(b)
the applicant has returned the Notice of Refusal to the Clerk indicating a desire
to have the matter heard before Council,
then prior to Council exercising its powers under this section, the applicant shall be given a
notice of hearing, and the applicant shall be entitled to attend the hearing and adduce evidence
and make submissions either personally or through a representative, in accordance with law,
including the procedures of Council.
19.
(1)
The Council shall, in accordance with applicable law, hear the matter and shall:
(a)
grant the licence to the applicant;
(b)
refuse to grant the licence to the applicant; or
(c)
grant the licence and impose conditions on the licence at the time it is granted,
including a restriction on the hours of operation,
and Council's decision shall be final.
(2)
The Council shall give its reasons, in writing, for any decision made under paragraphs
(1)(b) or 1(c).
(3)
Council may notify the Alcohol and Gaming Commission of Ontario, or any other
licensing authority or person, as it considers appropriate, if any action is taken under this
section of the By-law.
20.
No person shall enjoy a vested right in the continuance of a licence, and upon the issue, renewal,
cancellation or suspension thereof, the value of a licence shall be the property of the
Municipality.
21.
No person licensed to carry on business under this By-law shall advertise or promote or carry
on such business under any name other than the name endorsed upon the licence.
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PART IV PRODUCTION AND POSTING OF LICENCE
22.
The Clerk shall on behalf of Council issue all licences required by this By-law and his name
shall be printed or mechanically reproduced upon each licence issued, which shall be in such
form as Council may from time to time designate.
23.
Every person licensed under this By-law shall produce the licence whenever it may be demanded
by the Chief of Police, Clerk, Municipal Law Enforcement Officer, police officer, Justice of the
Peace, or other person duly authorized to demand its production.
24.
Every person who obtains a licence which pertains to the occupation of that person, shall carry
the licence while engaged in the occupation for which the licence is issued.
25.
Every person who obtains a licence which pertains to a certain premises, shall post the licence
in a conspicuous place on the premises where the business is carried on, and such licence shall
remain posted during the time it is in force.
PART V INSPECTIONS
26.
(1)
Any person duly authorized by the Municipality may, at all reasonable times, inspect,
(a)
any vehicle;
(b)
as much of any house, place or premises as is used for the carrying on,
conducting, operating, maintaining or keeping of any trade, business, occupation,
calling, object or amusement in respect of which any person has or is required to
have a licence under this By-law; and
(c)
any goods, articles, books, records and other documents of or relating to any such
trade, business, occupation, calling, object or amusement.
(2)
No person who has or is required to have a licence under this By-law shall obstruct or
hinder the inspection or cause or permit the inspection to be obstructed or hindered.
PART VI POWER TO SUSPEND, REVOKE OR IMPOSE CONDITIONS
27.
Council may, at any time, in accordance with the provisions of the Municipal Act,
(a)
suspend any licence;
(b)
revoke any licence; or
(c)
impose conditions on any licence issued pursuant to this By-law.
The Council shall issue written reasons for its exercise of a power under this section.
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28.
Prior to Council exercising its powers under Section 27 above, the Licensee shall be given a
notice of hearing, and the Licensee shall be entitled to attend the hearing and adduce evidence
and make submissions either personally or through a representative, in accordance with law,
including the procedures of Council.
29.
(1)
The Council shall, in accordance with applicable law, hear the matter and shall:
(a)
confirm the decision represented by the notice; or
(b)
allow the application to proceed, or grant the licence, as the case may be, and the
Council's decision shall be final.
(2)
Council shall give its reasons, in writing, for any decision made under paragraph (1)(a).
30.
The following are the grounds upon which a licence may be refused, revoked or suspended;
upon which an application may be refused or not proceeded with; or in respect of which the
Council may impose conditions, including special conditions, as a requirement to the issuing or
holding of a licence:
(a)
that the applicant, Licensee, any partner, officer or director of the applicant or Licensee,
any employee or agent of the applicant or Licensee, has not complied with or satisfied
any requirement of this By-law;
(b)
the conduct of the applicant, Licensee, any partner, officer or director of the applicant
or Licensee, any employee or agent of the applicant or Licensee, affords reasonable
grounds for belief that they, or any of them, have not or will not carry on the trade,
calling, business or occupation in accordance with the law or with honesty and integrity;
(c)
the Licensee breaches any condition of the licence;
(d)
that the Licensee has been convicted of contravening any provision or provisions of this
By-law within the previous twelve (12) months; or
(e)
the furnishing of any false, misleading or incomplete information to the Clerk, or the
failure to provide all information and documents required to be provided to the Clerk
under this By-law, including any changes to such information or documents within four
(4) days of their occurrence.
31.
Council may notify the Alcohol and Gaming Commission of Ontario or any other licensing
authority or person, as it considers appropriate, if any action is taken under Section 27 of this
By-law.
32.
If a licence is revoked under Section 27 of this By-law, the former Licensee is entitled to a
refund of that part of the licence fee proportionate to the unexpired part of the term for which
it is granted.
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PART VII GENERAL PROVISIONS
33.
Wherever any time is referred to in this By-law, it shall be considered to be Eastern Standard
Time, and where "Daylight Saving Time" has been generally adopted in the Municipality for any
period of the year under any Statute, Order-in-Council, or By-law, time shall be deemed to be
Daylight Saving Time for such period in any reference to time in this By-law.
34.
The Clerk shall keep a Licence Register in which shall be recorded the full name and address
of each Licensee, the address of the place or premises licensed, the make, model, year and
provincial licence number of each vehicle licensed, the licence number, date of issue and the
type of licence.
35.
The Clerk shall mark or stamp the word "Renewal" on each application for renewal of a licence.
36.
In the event that a licence issued under this By-law is lost or destroyed, the Clerk shall, upon
production of satisfactory proof of such loss or destruction, and upon payment of the sum of
$10.00 per licence, issue a duplicate of the original licence upon which there shall be stamped
or marked the word "Duplicate" and a corresponding entry shall be made in the Licence
Register.
37.
(1)
Notwithstanding any of the provisions of this By-law which require a licence and
prohibit any performance, exhibition, show or amusement without a licence, no licence
fee need be paid for a temporary and occasional performance for a religious, charitable,
philanthropic or patriotic purpose, provided:
(a)
the organization holding such performance has satisfied the Mayor of the
Municipality that the performance, exhibition, show or amusement is of a
temporary and occasional nature for a religious, charitable, philanthropic or
patriotic purpose ; and
(b)
the organization has furnished the Municipality with a certified copy of a policy
of insurance, upon terms and conditions satisfactory to the Municipality
protecting and indemnifying the organization and the Municipality against any
claims for damage, for bodily injury to persons or property or for the loss of life
occurring in or about the premises used by the organization.
(2)
Upon having satisfied both paragraphs (a) and (b) above, the Mayor of the Municipality
may issue a letter to the Clerk confirming such satisfaction.
38.
Every person licensed under this By-law, in addition to any other requirements expressed
elsewhere in this By-law, shall:
(a)
at all times maintain and keep clean, safe, in good condition and repair any object,
amusement, vehicle, place or premises for which a licence has been issued under this
By-law;
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(b)
not cause, suffer, or permit nuisance to arise in connection with the object, amusement,
vehicle, place or premises for which licence was issued;
(c)
not cause, suffer or permit shouting, noise or other disturbance on, in or in connection
with the object, amusement, vehicle, place or premises for which a licence was issued
which is unnecessary, unreasonable or contrary to any By-law prohibiting same, and if
any such shouting, noise, or other disturbance shall occur, the Licensee shall at once take
steps to cause the same to be abated forthwith;
(d)
not cause, suffer or permit an obstruction on any highway, sidewalk, lane or public place
in front of or adjoining the place or premises for which a licence was issued;
(e)
not cause, suffer or permit profane, offensive or abusive language or disorderly conduct,
in connection with any vehicle, place or premises for which the licence was issued; or
(f)
not cause, suffer or permit a breach of any by-law of the Municipality or of any statute,
order-in-council or regulation of the Legislature of the Province of Ontario, or of the
Parliament of Canada, upon or in connection with the object, amusement, vehicle, place
or premises for which the licence was issued.
39.
In this By-law, unless the context otherwise requires, words importing the singular number shall
include the plural and words importing the masculine gender shall include the feminine.
PART VIII OFFENCES AND PENALTIES
40.
(1)
Every person who contravenes this By-law, and every director or officer of a corporation
who concurs in such contravention by the corporation, is guilty of an offence and on
conviction is liable to a fine of not more than $25,000.00, or toimprisonment for a term
not exceeding one year, or to both pursuant to subsection 329(1) of the Municipal Act,
R.S.O. 1990, c. M.45, as may be amended from time to time.
(2)
Where a Corporation is convicted of an offence to this By-law, the maximum fine that
may be imposed on the Corporation is $50,000.00 pursuant to subsection 329(2) of the
Municipal Act, R.S.O. 1990, c. M.45, as may be amended from time to time.
41.
No person shall furnish a false or intentionally misleading recital of a fact, statement or
representation in any application under this By-law.
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PART IX NOTICE
42.
Any notice required by this By-law to be given to an applicant or to a Licensee may be given,
(a)
by mailing a copy of the Notice by pre-paid ordinary post to the residence address of the
applicant or Licensee, as the case may be, listed on the most recent application for a licence;
(b)
by delivering a coy of the Notice personally to the applicant or the Licensee;
(c)
by leaving a copy of the Notice at the residence address of the applicant or the Licensee
as listed on the most recent application for a licence; or
(d)
by leaving a copy of the Notice at the address of the applicant's proposed employer or
at the Licensee's employer listed on the most recent application for a licence.
43.
Any notice served by pre-paid ordinary post in accordance with section 42 shall be deemed to
have been received by the applicant or Licensee on the fourth day following mailing.
PART X CONFLICTS
44.
In the event of any conflict between the provisions of this By-law and any other general or
special by-law, the provisions of this By-law shall prevail.
PART XI SEVERABILITY
45.
If a Court of competent jurisdiction should declare any section of this By-law or part thereof,
or any provision in the Schedules to be invalid, such section, part or provision in the Schedules
shall not be construed as having influenced Council to pass the reminder of the By-law or the
Schedules hereto, and it is hereby declared that the impugned section or provision in the
Schedules shall be severable and distinct from the reminder of this By-law and the remainder
of the By-law or Schedules shall be valid and shall remain in force.
PART XII EFFECTIVE DATE AND TRANSITION
46.
(1)
By-law No. 76-102, as amended, is repealed.
(2)
This By-law shall come into effect immediately upon the repeal of the said By-law No.
76-102, as amended, so that there shall be a continuity of licensing jurisdiction over
matters covered by both laws.
(3)
The provisions of this By-law shall be deemed to be substituted, by re-enactment,
amendment and revision, for the relevant provisions of repealed By-law No. 76-102, as
amended.
CITY OF NIAGARA FALLS
By-law No. 2007 - 13
A by-Law t.o continue and re-enact By-Jaw 2001-31 of the Corporation of the City of Niagara Falls.
WHEREAS under the Municipal Act, 200 I licensing by-laws had an e>."(>iry date of five years~ and
WHEREAS the Council of the Corporation of the City of Niagara Falls pa~-d By-law2006-99, bec.ause it
was not in the public interest for the business licensing scheme to expire;
WHEREAS section 82 of the Municipal Stature Law Amendment Act, S. 0. 2006 c. 32, repeals Part IV of th
Municipal Ac1, 2001 requiring business licence by-laws to expire after five years; and
e
WHEREAS By-law 2006-99 is no longer necessary; and
WHEREAS it is in the public interest for By-law 2001-31 to be continued and re-enacted.
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS ENACTS
AS FOLLOWS:
I.
By-law 2001-31 is hereby re-enacte.d, unchanged as to fonn and content
2.
By-law 2006-99 is hereby repealed.
Passed this twenty-second day of January, 2007.
.
.. ~J2:
......... .
R.T. (TED) SALCI, MAYOR
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First Reading:
January 22, 2007.
Second Reading:
January 22, 2007.
Th.ird Reading:
January 22, 2007.
47.
The Short title of this By-law is the Licensing By-law.
(By-law 2001-31) Passed this twenty-ninth day of January, 2001.
"E.C. WAGG"
"WAYNE THOMSON"
.......................................................................
........................................................................
E. C. WAGG, CITY CLERK
WAYNE THOMSON, MAYOR
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First Reading:
January 29th , 2001.
Second Reading:
January 29th , 2001.
Third Reading:
January 29th , 2001.
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SCHEDULE 1 TO BY-LAW 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
DESCRIPTION OF LICENCE
FEES
EXPIRATION DATE
Amusement Place, Etc.
$45.00
April 30
Auctioneers
$65.00
December 31
Bake Shops
$30.00
December 31
Barber Shops, Hair Dressing
and Esthetician Establishments
$30.00
December 31
Bill and Sign Posting and
Installation
$100.00
December 31
Billiard, Bagatelle and Pool
Establishments
$70.00 + $20.00 per table
December 31
Bowling Alleys
$20.00 per lane
December 31
Butchers
$30.00
December 31
Camping Establishments
$110.00
April 30
Commercial Parking Lots
$100.00
December 31
Dealers in Old Gold or Other
Precious Metals
$110.00
December 31
Driving Schools
$60.00
December 31
Driving Instructors
$25.00
December 31
Exhibitions, Etc.
$45.00
April 30
Flea Markets
$650.00 first 3 consecutive days
+ an additional $100.00 per day
(to a max. of $1,150.00 in one calendar yr)
Food Premises
$30.00
December 31
Laundrymen, Laundry Companies,
Dry Cleaners, Etc.
$30.00
December 31
Motels
$40.00 + $5.00 per room
April 30
Pawn Brokers
$110.00
December 31
Pedlars
(1) Resident
$110.00
December 31
(2) Non-Resident
$650.00
December 31
Photographers
(1) Resident
$65.00
December 31
(2) Non-Resident
$140.00
December 31
Public Garages, Automobile
Service Stations
(1) Garages
$30.00
December 31
(2) Auto Service Stations
$30.00
December 31
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DESCRIPTION OF LICENCE
FEES
EXPIRATION DATE
Public Halls
December 31
(1) Grade I - Capacity 1,000 +
$45.00
(2) Grade II - Capacity 600-999 $40.00
(3) Grade III - Capacity 300-599 $35.00
(4) Grade IV - Capacity 299-under $30.00
Refreshment Vehicles
(1) Motorized
$185.00
April 30
(2) Non-Motorized
$100.00
April 30
Restaurants
$40.00
April 30
Specific Location Daily Sales
(1) Resident
$150.00
(2) Non Resident
$500.00 first day + an additional
$100.00 per day (to a max. fee of
$1,000.00 in one calendar yr.)
(3) Charitable Groups
1st 3 days
$325.00
Additional days
$50.00 per additional day (to a max.
fee of $575.00 in one calendar yr.)
Tattoo and Body Piercing Parlours
$100.00
December 31
Theatres
$110.00
December 31
Therapeutic Massage Operator
$75.00
December 31
Massagist (R.M.T.)
$25.00
December 31
Tourist Homes, Bed & Breakfasts $65.00
April 30
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AMUSEMENT PLACE, ETC.
Schedule 2 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
Every person who keeps, maintains or exhibits for gain or profit any of the following:
(1)
miniature golf course or golf driving range;
(2)
water slide;
(3)
video arcade;
(4)
merry-go-round, go-carts, switchback railway, carousel, bungee jumping, amusement
rides or other like amusement device(s);
(5)
acrobatic or gymnastic performance or exhibition of circus riding, rope or wire walking,
dancing, tumbling, sparring, boxing, wrestling, sleight of hand, legerdemain, juggling
or otherwise;
(6)
circus;
(7)
ice or roller skating rink;
(8)
shooting gallery or booth where objects are thrown at targets for prizes; or
(9)
a place of amusement not otherwise specified in this By-law;
shall obtain a licence and pay an annual licence fee in accordance with Schedule 1 to this
By-law, and the provisions contained in this Schedule shall apply to those places,
provided that the amusement is not that of a travelling show or performance held in a
licensed theatre or public hall, and is not provided for elsewhere in this By-law.
2.
Every Licensee to whom this Schedule relates shall keep good order in or at any building or
premises in respect to which a licence has been issued, including the maintenance of queues for
the purpose of gaining entrance to the amusement and, at his own expense, shall keep a
sufficient staff of employees or servants for that purpose.
3.
Every Licensee to whom this Schedule relates shall, upon being ordered to by the Municipality,
cease to publish, display or circulate any poster, handbill, card, novelty, notice, newspaper
advertisement or other matter used to advertise his business or any show or other performance,
and shall forthwith obliterate, withdraw, remove or destroy any such poster, handbill, card,
novelty, notice, advertisement or other matter.
4.
Every Licensee to whom this Schedule relates shall, for each amusement for which he holds a
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licence, procure a policy of insurance endorsed to the effect that the Municipality will be given
at least 30 days notice in writing of any cancellation, expiry or variation in the amount of the
policy, insuring in at least the following amounts, and deposit a certified copy or current
Certificate of Insurance thereof with the Clerk:
(a)
In the case of bodily injury or death, to a limit of at least $1,000,000.00 for any one
accident (exclusive of interest and costs) against all claims for personal injury, including
injury resulting in death and property damage, with an inclusive limit of not less than
$1,000,000.00.
5.
Every building or premise licensable under this Schedule shall maintain proper exit widths and
fire extinguishers in accordance with the requirements contained in the Ontario Building Code
and the Ontario Fire Code, or as are required by the Fire Chief.
6.
Every person operating any merry-go-round, switchback railway, carousel, amusement rides or
other like amusement devices shall submit with their application for licence an Amusement
Device Licence issued from the Ministry of Consumer and Commercial Relations Technical
Standards Division, and shall submit a Renewal Permit therefor annually.
7.
No licence shall be issued under this Schedule until all requirements of the Fire Chief relating
to the fire safety of the premises in which the business is to be located have been met.
8.
No licence shall be issued under this Schedule until the Medical Officer of Health has inspected
the premises and the premises are found to be in compliance with the Health Protection and
Promotion Act, R.S.O. 1990, c. H.7, or successor legislation.
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AUCTIONEERS
Schedule 3 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule
(1)
"auction" means a public sale to persons in which bids on goods, articles, merchandise,
affects, etc. are received by an auctioneer, and where each bid offers more than the last
previous bid, the article being put up being sold to the highest bidder, but shall not
include a "mock auction", "silent auction" or "Chinese auction", as those terms are
defined herein;
(2)
"mock auction" means an imitated sale by auction of goods, articles, merchandise,
effects, etc. to persons;
(3)
"silent auction" means an auction conducted by means of written bids given on displayed
goods, wares or merchandise with the final declaration of sale being made to the last
individual having submitted a bid on the specified bid sheet for that item;
(6)
"Chinese auction" means an auction conducted by means of predetermining a set price
on an item, thence receiving verbal bids on such an item. The final declaration of sale
shall be made to the highest bidder who shall then pay the price, based on the difference
between the predetermined price and the highest bid; and
(7)
any person selling or putting up for sale goods, wares, merchandise or effects by public
auction, shall be deemed an "auctioneer" within the meaning of this Schedule, and shall
obtain a licence and pay an annual licence fee in accordance with Schedule1 to this
By-law.
2.
Every person who exercises the calling or business of an auctioneer, shall at the place of each
auction, prominently display his name and business address and shall, in all public
advertisements of any nature used by him in the course of his business, include his name and
business address in such advertisement.
3.
Every auctioneer shall keep proper books of account of the business transacted by him as an
auctioneer, which books shall give the names and addresses of the owners of the goods, wares
or merchandise to be sold, the description of same, the price for which same may be sold, and
the names and addresses of the persons purchasing such goods, wares or merchandise, or any
portion thereof, account for the proceeds and pay same to the person or persons entitled to such
proceeds, less his proper and legal commissions and charges, and he shall, in the case where no
sale is made of such goods, on payment of his proper costs and charges, return such goods to the
person or persons entitled to receive same on proper demand being made therefore. Provided
that nothing contained in this Section or Schedule shall in any way affect or invalidate the claim
of any auctioneer for goods warehoused with him, and on which he shall have made advances.
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4.
No auctioneer shall:
(1)
permit any disorder in his auction room or offices;
(2)
conduct or permit to be conducted any mock auction;
(3)
knowingly make or permit to be made any misrepresentation as to the nature, content,
quantity or value of any goods, wares, merchandise or effects which may be offered for
sale by him;
(4)
give away articles or sell them for nominal amounts for the purpose of stimulating
bidding;
(5)
do any act that is calculated to or which may reasonably have the effect of confusing a
purchaser as to the amount he pays for any article or articles;
(6)
avail himself of the service of, or act in concert with, persons known in the trade as
"beaters", "boosters", or "shills" for the purpose of raising or stimulating bids; or
(7)
sell or put up for sale by auction any goods, wares, merchandise or effects on a
reserve-bid basis without first having announced clearly to those in attendance at the
auction the fact of such reserve bid.
5.
The provisions of this Schedule shall not apply to a Sheriff or Bailiff offering for sale goods or
chattels seized under an execution or distrained for rent.
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BAKE SHOPS
Schedule 4 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule, "bake shop" means any building, premises, workshop, room or place in which
bread and/or baked goods intended for human consumption are made for sale or are sold.
2.
Every person who owns or operates a bake shop shall obtain a licence and pay an annual licence
fee in accordance with Schedule 1 to this By-law, and the provisions in this Schedule shall apply
to the operation of the said bake shop.
3.
The Medical Officer of Health, or his designate(s), are hereby appointed as inspectors for the
purpose of enforcing the provisions of this Schedule.
4.
No licence to which this Schedule relates shall be issued until the Medical Officer of Health has
given a certificate that all regulations and conditions under this Schedule have been or are being
fully complied with, which certificate shall be filed with the application for a licence.
5.
An inspector or a Municipal Law Enforcement Officer may examine and inspect, at any
reasonable time, the premises, vehicles, public places or shops in which baked goods are
manufactured, transported, delivered to or from or offered for sale to ensure compliance with
this Schedule.
6.
Where the Medical Officer of Health finds that any condition exists in any bake shop that is or
may become dangerous to health or which may hinder in any manner the prevention, mitigation
or suppression of disease, the Medical Officer of Health may order the bake shop to be closed
and remain closed until the condition has been rectified, and upon receipt of such an order the
Licensee shall forthwith close the bake shop.
7.
Where a bake shop has been closed upon the order of the Medical Officer of Health, the
Municipality may, upon notice from the Medical Officer of Health, revoke the licence of the
bake shop.
8.
Every building or premise used as a bake shop shall be provided with fire extinguishers as
required by the Fire Chief.
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BARBER SHOPS, HAIR DRESSING AND ESTHETICIAN ESTABLISHMENTS
Schedule 5 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule:
(1)
"barber" means any person who with his hands, or by the use of any mechanical
contrivance or appliance, engages in the occupation of:
(a)
shaving or trimming the beard or moustache;
(b)
cutting, trimming, singeing, styling, shampooing, or dressing the hair of any
person;
(c)
giving a facial massage or scalp treatment to any person;
(d)
manicuring the nails of any person; or
(e)
honing or stropping a razor;
(2)
"esthetician" means any person who engages in the manicuring of fingernails or the
pedicuring of the toes of any person;
(3)
"hairdresser" means any person who, with his hands, or by the use of any mechanical
contrivance or appliance, engages in the occupation of dressing, waving, cold waving,
permanently waving, cleansing, bleaching, dyeing or similar work upon the hair of any
person including the cutting of hair of any person or, who by the use of hands or any
mechanical contrivance or appliance or any cosmetic preparations, antiseptics, tonics,
lotions, creams or similar preparations or compounds, engages in any one of the
following processes:
(a)
manicuring, trimming, polishing etc. of the fingernails; or
(b)
massaging, cleaning or beautifying the scalp or face of any person;
(4)
"manicuring" means trimming, polishing, etc. of the fingernail of any person;
(5)
"owner" means any person who operates a barbershop or hairdressing establishment,
esthetician parlour, and "own" or "owned" has a corresponding meaning;
(6)
"pedicuring" means trimming, polishing, etc. of the toenails of any person;
2.
Every person who owns or operates a barber shop, hairdressing establishment or esthetician
parlour shall obtain a licence and pay an annual licence fee in accordance with Schedule 1 to this
By-law for each establishment owned or operated by him, and a separate licence shall be
-26-
obtained for each such barbershop, hairdressing establishment or esthetician parlour.
3.
Each applicant for a licence or renewal governed by this Schedule shall, in addition to any other
material or information required by this By-law, file with his application the following material:
(1)
a certificate from the Medical Officer of Health certifying that the premises for which
the licence is applied for are clean and sanitary and provided with proper conveniences;
and
(2)
a current Certificate of Qualification as a barber, hairdresser or esthetician, as the case
may be, issued in his name, or in the name of the proprietor, pursuant to the Regulations
made under the Trades Qualification and Apprenticeship Act, R.S.O. 1990, c. T.17, or
any successor legislation.
4.
No person licensed under this By-law shall cause, suffer or permit,
(1)
any person other than:
(a)
a holder of a current Certificate of Qualification as a barber, hairdresser or
esthetician, as the case may be, issued pursuant to the Regulations made under
the Trades Qualification and Apprenticeship Act, or any successor legislation;
(b)
a person registered with the Director of Apprenticeships as an apprentice barber,
hairdresser or esthetician, as the case may be, under the Trades Qualification and
Apprenticeship Act, or any successor legislation; or
(c)
a holder of a letter from the Director of Apprenticeships authorizing such person
to work as a barber, hairdresser or esthetician, as the case may be,
to do any kind of work on the hair, scalp, face or neck of any other person in the
premises for which the licence was issued.
(2)
himself or any person employed by him or in partnership with him to do any of the acts
performed by a barber, hairdresser or esthetician on any other person outside the
premises for which the licence was issued, except:
(a)
where the person served is so ill or physically incapacitated as to be unable to
attend at the owner's establishment;
(b)
to dress the hair of members of a bridal party on the day of a wedding; or
(c)
to dress the hair of models of a fashion show.
5.
Every Licensee under this Schedule shall cause the following regulations to be observed and
-27-
complied with in respect to the premises for which he is licensed:
(1)
all regulations under the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, as
amended, and any successor legislation, and any orders or regulations issued thereunder
or under the authority of any other statute, regulation or by-law by the Medical Officer
of Health; and
(2)
all electrical equipment used in any premises licensed hereunder shall bear a label of the
Canadian Standards Association.
6.
This Schedule is subject to the provisions of the Industrial Standards Act, R.S.O. 1990, c.I.6, as
amended, and if there is any conflict between this Part and such Act, the latter shall prevail.
-28-
BILL AND SIGN POSTING AND INSTALLATION
Schedule 6 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
Every person who carries on the business of a bill poster, advertising sign painter, bulletin board
painter, sign poster, sign installer, or bill distributor within the Municipality shall obtain a
licence and pay an annual licence fee in accordance with Schedule 1 to this By-law.
2.
For the purposes of this By-Law, a person who, from a location outside the Municipality, carries
on the business of bill poster, advertising sign painter, bulletin board painter, sign poster, sign
installer or mobile sign leasing shall be deemed to be carrying on business in the Municipality
if the person locates or permits the location of his sign(s) in the Municipality.
3.
No licence shall be required by a person who works only as an employee of the person licensed.
4.
No bill distributor in the pursuance of a trade, business or occupation shall distribute or cause
to be distributed any handbill, circular or other paper (other than a newspaper or magazine)
within the Municipality by depositing the same in or upon any motor vehicle parked or standing
in any public place, or by handing the same to any person upon a public highway, road or on any
sidewalk, boulevard or foot path adjacent thereto in the Municipality.
5.
All handbills, circulars and other printed matter (other than newspapers or magazines) delivered
by or on behalf of a bill distributor to residential or other premises shall deposit them anywhere
except in the mailbox or slot provided for the delivery of mail to such premises, or between the
inside and outside doors of a building in a secured manner so they cannot fall or be blown away
from such premises.
6.
No person distributing bills or posting signs shall post up or distribute posters, pictures or hand
bills that are indecent or tend to corrupt morals.
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BILLIARD, BAGATELLE AND POOL ESTABLISHMENTS
Schedule 7 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule, "proprietary club" shall mean all clubs other than those in which the use of any
billiard, pool or bagatelle table is only incidental to the main objects of the club.
2.
Every person who for hire or gain, and every proprietary club that directly or indirectly keeps,
or has in their possession, or on their premises, more than two billiard, pool or bagatelle tables,
or keeps or has more than two such tables, whether used or not, in a house or place of public
entertainment or resort shall obtain a licence and pay the annual licence fee in accordance with
Schedule 1 to this By-Law.
3.
No person, licensed pursuant to this by-law shall permit any billiard, pool or bagatelle table to
be used between the hours of 3:00 a.m. and 10:00 a.m. of each Monday to Sunday, so long as
these hours do not contravene any applicable laws.
4.
No person under the age of 14 years shall be permitted in any billiard, pool or bagatelle table
room, unless in the company of an adult.
5.
The Licensee shall ensure that within the licensed premises there are no payoffs, betting or
offering of any article or thing as a prize in contravention of the Criminal Code.
6.
The Chief of Police or other Law Enforcement Officer may, at any time, enter upon the business
premises in which they have reason to believe there is kept any billiard, pool or bagatelle table
contrary to the provision herein and may, at any time, enter upon premises licensed for billiard,
pool or bagatelle tables when they have reason to believe that anyone in the premises is
gambling, aiding or abetting gambling therein.
-30-
BOWLING ALLEYS
Schedule 8 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule, "bowling alley" means a business or premises for use by the public which is
designed for the rolling or delivering of a ball toward pins.
2.
Every person who owns or keeps a bowling alley shall obtain a licence and pay an annual licence
fee in accordance with Schedule 1 to this By-law, and the provisions of this Schedule shall apply
to the said operation.
3.
No person shall be granted a licence to own or keep a bowling alley until the premises in respect
of which a licence is desired are approved by the Medical Officer of Health.
4.
Any premises licensed under this Schedule shall be ventilated by mechanical equipment of
sufficient capacity to keep the air in the premises fresh at all times.
5.
Every building or premise licensed under this Schedule shall be provided with fire extinguishers
as required by the Fire Chief, and no licence shall be issued under this Schedule until all
requirements of the Fire Chief relating to the fire safety of the premises in which the business
is to be located have been met.
6.
The Fire Chief shall be notified when bowling alleys/lanes are to be resurfaced. Resurfacing of
bowling alleys/lanes and refinishing of pins shall be conducted in accordance with the Ontario
Fire Code.
-31-
BUTCHERS
Schedule 9 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule, "butcher" means a person who sells or offers for sale fresh meat in quantities
less than a quarter carcass.
2.
Every person who conducts the business of a butcher shall obtain a licence and pay an annual
licence fee in accordance with Schedule 1 to this By-law.
3.
No person licensed as a butcher under this Schedule shall purchase, use, sell, offer for sale or
have in his
possession any meat unless such meat has been inspected and bears on the carcass
the inspection legend of the Department of Agriculture of Canada or of the Medical Officer of
Health, or one approved by either Department.
4.
No licence shall be issued under this Schedule until the Medical Officer of Health has completed
an inspection and the premises are in compliance with the Health Protection and Promotion Act,
R.S.O. 1990, c. H.7, or successor legislation.
5.
Every person who operates a meat shop and sells or offers for sale fresh meats, poultry and/or
fish shall:
(1)
protect all meat, meat products, fish and dressed poultry on display by storing same
behind a glass guard, except in cases where product is tightly wrapped in waterproof
material that is to be removed before the product is eaten by the consumer; and
(2)
place all meat, meat products, poultry or fish displayed in any store window in a glass
container artificially refrigerated and maintained at a temperature not exceeding 5
degrees Celsius.
-32-
CAMPING ESTABLISHMENTS
Schedule 10 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule:
(1)
"Adequate Sewage Facilities" means a sewage disposal system provided by a Municipal
Public Works Department or, alternatively, a lagoon, or a package disposal plant or a
septic tank in accordance with approved engineering principles, Health Department
specifications and Part VII of the Environmental Protection Act.
(2)
"Camping Establishment" means a tourist establishment comprising land used or
maintained as grounds for camping or parking recreational vehicles with a service
building or buildings and may include those retail facilities required to serve the guests
of and visitors to the establishment. A Summer Camp within the meaning of the
regulations under the Public Health Act or a camp operated by a charitable organization
within the meaning of The Charitable Institutions Act, are not deemed camping
establishments for the purpose of this By-law.
(3)
"Camping Lot" means the part of a camping establishment that is to be occupied by a
recreational vehicle, cabin or tent and the guest's vehicle.
(4)
"Guest" means the person who contracts for accommodation in a camping establishment
and includes all the members of his party.
(5)
"Laundry Unit" means a complete automatic washer and dryer or a unit consisting of not
less than one double laundry tray and one clothes washing machine, located in a separate
sound-proof room of a service building or in a separate building.
(6)
"Potable Water Supply" means water supply furnished by the Municipality.
(7)
"Dump Station" is a facility provided for the emptying of the waste holding tanks of
recreational vehicles with cold water hoses for cleaning.
(8)
"Tent" is a collapsible shelter of canvas or other material stretched and sustained by
poles, ropes or other means and used for camping outdoors.
(9)
"Cabin or Kabin" means a hard wall and roofed shelter for temporary sleeping use where
there is no plumbing or fixtures and shall not exceed a floor area of 25 square metres.
(10)
"Recreational Vehicle" is a portable structure intended as a temporary accommodation
-33-
for travel, recreational or vocational use. Such structures include travel trailers,
motorized homes, slide-in campers, chassis-mounted campers and tent trailers as defined
herein:
(a)
"a travel trailer" means a vehicular portable structure built on a chassis, which
is CSA (Canadian Standards Association) approved (or equivalent), and is
capable of being licensed by the appropriate authority;
(b)
"a slide-in camper" means an accommodation body that is affixed to a standard
vehicle and is capable of being licensed by the appropriate authority;
(c)
"a chassis-mounted camper" means an accommodation body that attaches onto
a truck chassis and is not intended for removal;
(d)
"a tent trailer" means a vehicular portable structure built on its own chassis,
having a rigid or canvas top and side walls which may be folded or otherwise
condensed for transit;
(e)
"a motorized home" means a vehicular portable structure being of self-propelled
design, which is CSA (Canadian Standards Association) approved (or
equivalent), and is capable of being licensed by the appropriate authority.
2.
General Prohibition:
(1)
No person shall operate or maintain a camping establishment on any land in the
Municipality without first having obtained a licence for such establishment from the
Municipality, and then only on those lands described in Appendix "A" hereto, said
Appendix forming a portion of this Schedule.
(2)
No land for a new camping establishment shall be considered for inclusion in Appendix
"A" hereto unless such proposed camping establishment is located within a zone in
which camping establishments are permitted by the Zoning By-laws in force in the
Municipality.
3.
Minimum Performance Standards for All Camping Establishments
(1)
Each camping establishment site shall:
(a)
have an area of at least 15 acres (6.1 ha) provided that all sanitary facilities or
other plumbing fixtures are connected to municipal sewer and water facilities, or
have an area of at least 24 acres (9.71 ha) provided that all sanitary facilities or
other plumbing fixtures are connected to adequate sewage facilities;
(b)
be serviced with a potable water supply;
(c)
be located such that the boundaries of the establishment are not less than 550
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feet (167.64 m) from the boundaries of any salvage yard;
(d)
the minimum area requirement of 15 acres (6.1 ha) shall not apply to the lands
described in item 4 of Appendix "A" on which a camping establishment was
operated prior to the 20th day of January, 1964;
(e)
the minimum area requirement of 24 acres (9.71 ha) shall not apply to the lands
described in item 7 of Appendix "A" on which a camping establishment was
operated prior to the 20th day of January, 1964;
(f)
The earth encompassing the sewer outlet shall be sloped in such a manner as to
prevent any rain water from entering the municipal sewers through the sewer
outlet in accordance with the Municipality standard (drawings NF-1008.1,
1008.2, 1008.3 attached to this Schedule) or approved equal. In cases where an
existing service connection to be is to be extended, the proposed extension must
be connected to the existing sewer by means of a water tight coupling.
(g)
Every sewer outlet on any camping lot that is connected to a municipal sewer
shall be securely capped or plugged so as to prevent any rain water from entering
the municipal sewer through the sewer outlet unless such sewer outlet is
connected to a trailer, camper or motorized home on the camping lot.
(h)
In the event that infiltration is detected, the camping establishment owner will
repair the said, defect within a reasonable time frame as stipulated by the
Director of Municipal Works. Failure to repair the defect would be just cause for
the camping establishment licence to be immediately revoked.
(i)
In cases where the camping establishment is serviced by a Municipal sanitary
sewer system, the camping establishment owner will provide a sanitary manhole
at the property line or approved equal.
(j)
ensure that any public swimming pool or wading pool be operated in accordance
with provincial regulations under the Health Protection and Promotion Act, 1983.
(2)
Each camping lot shall:
(a)
abut upon a driveway at least 12 feet (3.66m) wide if such driveway has suitable
signs posted directing one-way traffic and at least 20 feet (6.1m) wide if such
driveway is used for two-way traffic. Every driveway leading to a public street
shall be at least 20 feet (6.1m) wide.
(b)
have a minimum width of 25 feet (7.62m) and a minimum area of 1,600 square
feet (148.6sq.m);
(c)
be identified by a number and the boundaries be defined by suitable markings;
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(d)
be within 500 feet (152.4m) of a service building. This clause shall not apply to
camping lots used by recreational vehicles making direct connection to sewer,
water and electrical power services provided on the lot;
(e)
shall be located at least 200 feet (61m) from a residential zone boundary or any
existing residential lot boundary.
(f)
Notwithstanding clause 3(2)(e) of Schedule 10 of By-law No. 2001-31, a
camping lot located lawfully under this By-law No. 2001-31 shall not be
rendered unlawful by the subsequent introduction of a residential zone or
residential lot boundary within 200 feet (61 m) of the camping lot so located.
Notwithstanding the requirements of this Section, the dimensional requirements shall not be
applicable to driveways and entrances or camping lots which existed at the date of the passing
of this by-law. In addition, clause 2(a) shall not apply to lots which existed prior to the passing
of this by-law;
(3)
All driveways and roads within a camping establishment shall provide unobstructed
access at all times when in use, and shall be constructed and maintained with at least a
6" (15cm) stone base over the entire width on the roadway as determined in Clause 2 (a)
of this Section and shall be maintained in a dust free condition.
(4)
Each camping establishment shall provide, in a service building or buildings, flush type
toilet fixtures and other sanitary facilities in accordance with the following table and
standards:
(a)
toilet fixtures and wash basins, at least one of which is handicap accessible in
each category must be provided to the amount noted below. (Handicap accessible
shall apply to newly constructed campgrounds or renovations to existing
campgrounds.) This clause shall not apply to camping lots used by recreational
vehicles making direct connection to sewer, water and electrical power services
provided on the lot;
No. of Camping Lots
Female
Flush Toilets
Male
Urinals
Male/Female
Flush Toilets Wash Basins
1 - 9
1
1
2
3
10 - 17
2
1
2
5
18 - 25
2
1
3
6
26 - 35
3
1
4
7
36 - 45
3
1
5
8
46 - 55
4
2
5
8
56 - 65
5
2
6
9
66 - 75
5
3
7
10
76 - 85
5
3
8
11
86 - 100
6
4
8
12
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For establishments having more than 100 camping lots, additional
facilities will be provided for each additional lot over 100 according
to the ratios expressed in the above table. The figures shown above
for toilet fixtures and wash basins are total requirements. They shall
be divided equally as nearly as possible between men's washrooms
and women's washrooms.
(b)
shower bath: a minimum of one separate shower bath, which is handicap
accessible, for each sex is to be provided. In addition to the foregoing, shower
baths shall be provided at the ratio of one shower bath for each sex for each unit
of 20 camping lots or fraction thereof. This clause shall not apply to camping
lots used by recreational vehicles making direct connection to sewer, water and
electrical power services provided on the lot;
(c)
laundry units: provide one laundry unit for each unit of 35 camping lots or
fraction thereof;
(d)
dump-station: provide one dump-station for each unit of 100 camping lots or
fraction thereof. This clause shall not apply to camping lots used by recreational
vehicles making direct connection to sewer and water services provided on the
lot.
(5)
Service buildings shall:
(a)
have masonry exterior walls of brick, concrete block or stone and interior
partition walls of sound-resistant masonry materials. The interior walls shall
have a ceramic tile facing, or equivalent, for easy cleaning. Floors shall be of
concrete, quarry or clay tile construction and adequately sloped to floor drains.
All materials and methods of construction must be approved by the Building
Inspector;
(b)
have sound resistant walls separating male and female toilet facilities;
(c)
include separate compartments for each bathtub, shower or toilet fixture;
(d)
be located 25 feet (7.6m) or more from any camping lot;
(e)
have heating facilities adequate to maintain a minimum indoor air temperature
of 68 degrees F. (20 degrees C) and to supply adequate hot water during time of
peak operations;
(f)
have all rooms well ventilated, with all openings effectively screened;
(g)
be adequately lighted and maintained in a clean and sanitary condition.
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(6)
For the purposes of this By-law the standards and requirements of the Ontario Building
Code (as revised from time to time) shall apply to all buildings and structures erected or
located on any camping establishment.
(7)
Every camping establishment shall adhere to the following regulations pertaining to
refuse disposal:
(a)
all refuse shall be stored in flytight, watertight, rodent proof refuse containers
which are of sufficient capacity to properly store all refuse;
(b)
all refuse shall be collected daily. Where suitable collection service is not
available, from municipal or private agencies, the camping establishment
operator shall provide this service. All refuse shall be collected and transported
in covered vehicles or covered containers.
(8)
Every camping establishment operator shall:
(a)
not permit the removal of the running gear from a recreational vehicle, or the
jacking or blocking
up of a recreational vehicle so that the recreational vehicle
does not rest on its own running gear other than as may be required temporarily
for repairs to the running gear;
(b)
provide 100 feet (30.5m) of « inch (1.3cm) (inside diameter) garden hose with
adjustable nozzle, mounted no more than 200 feet (61m) apart and so placed that
any part of the camp site could be reached by a garden hose. Not less than a
2A10BC type fire extinguisher must be provided at each hose location which
shall be adequately signed for easy recognition with operating instructions
posted;
(c)
be responsible for the instruction of their staff in the use of fire protection
equipment and in their specific duties in the event of fire or other emergency;
(d)
not permit a person accommodated to light or build a fire except in areas
previously approved and marked on each lot by the Fire Prevention Officer;
(e)
regulations in respect to the lighting or building of fires must be provided at the
time of registration;
(f)
instructions and location of fire fighting equipment must be provided at time of
registration;
(g)
take such precautions as are necessary to prevent cooking and heating devices
from endangering the health or safety of persons accommodated by:
(i)
the exhaustion of oxygen from the air;
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(ii)
the production of carbon monoxide or other noxious gas or smoke;
(iii)
contact with hot surfaces;
(iv)
being too close to vehicles, recreational vehicles, tents or anything liable
to ignite;
(h)
not permit the use of fireworks or firecrackers;
(i)
provide a telephone that shall be readily available at all times, the location shall
be illuminated and emergency telephone numbers posted;
(j)
maintain the grounds of the establishment orderly, tidy, and free from litter;
(k)
keep all grass and herbage cut to present a neat appearance;
(l)
have in attendance at all times during its operation at least one adult employee
conversant with the operation of the establishment.
(9)
All service buildings, driveways, roads, intersections and walkways within a camping
establishment shall be provided with lighting brackets and fixtures sufficient to maintain
adequate illumination.
4.
Licences
(1)
An application for a camping establishment licence shall be made to the Clerk on forms
to be provided by him, and every application shall be in five (5) copies accompanied by
four (4) copies of a development plan or plans of the said establishment showing:
(a)
the area and dimensions of the tract of land including the total acreage used for
camping establishment purposes, as well as a legal description according to a
plan of survey prepared by an Ontario Land Surveyor;
(b)
the number, location and size of all camping lots;
(c)
the location and width of roadways and walkways together with details of
grading and landscaping of the entire camping establishment;
(d)
the location of service buildings and any other proposed structures;
(e)
the location or water, sewer, surface drainage, electrical and lighting facilities;
(f)
plans and specifications of all buildings and other improvements constructed or
to be constructed within the camping establishment;
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(g)
notwithstanding the requirements contained in (a) to (f) enumerated above, it
shall not be necessary for the applicant to submit the copies of the plan or sketch
of the camping establishment, or the legal description of the property to be so
licensed if the application is of a renewal nature and where, in the opinion of the
Camping Establishment Inspector significant changes have not been made to the
camping establishment since the issue of the previous licence;
(h)
the location of camp fire sites;
(i)
the location of water hoses and fire extinguishers.
(2)
No licence shall be issued by the Municipality until reports on the application have been
received from:
(a)
Camping Establishment Inspector;
(b)
Electrical Inspector;
(c)
Fire Prevention Officer;
(d)
Public Health Inspector;
(e)
Plumbing Inspector;
(f)
Director of Municipal Works; and
(g)
any other reports which in the opinion of Council are deemed advisable.
(3)
Any licence issued in accordance with this Schedule shall be a licence to operate a
camping establishment according to particular plans approved by Council or with
revisions approved by Council, in accordance with the provisions of this Part.
(4)
Every person who owns or operates a camping establishment shall pay an annual licence
fee in accordance with Schedule 30 of this By-Law.
(5)
The licence shall be displayed in a conspicuous place in the office area used for the
registration of guests.
5.
Occupancy
(1)
Any recreational vehicle which is not CSA approved (or equivalent), and is capable of
being licensed by the appropriate authority, and any commercial tractor trailer even
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though the same is capable of being used for the living, sleeping or eating
accommodation of persons, shall not be permitted to be parked in a camping
establishment.
(2)
No guest shall occupy a camping lot in a camping establishment in the Municipality for
a period in excess of 6 months.
(3)
The owner, proprietor or manager of a camping establishment shall maintain a complete
register of guests of such establishment specifying the name, address, date of arrival,
period of stay, and date of departure of each guest, which register shall be at all times
open to inspection by the Clerk, Licensing Clerk or Camping Establishment Inspector.
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COMMERCIAL PARKING LOTS
Schedule 11 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule:
(1)
"commercial parking lot" means a privately owned parcel of land, building or structure
in which space is hired for gain or profit for the purpose of storing or parking a vehicle
but does not include a parking area required under the provisions of section 4.19.1 of the
By-law 79-200, being the Zoning By-Law and any amendments thereto.
(2)
"Director of Municipal Works" means the Director of Municipal Works of the
Municipality or a person designated to act on his behalf.
(3)
"operator" means a person who, alone or with others, carries on, conducts, operates,
maintains, controls, or keeps the business of a commercial parking lot, and "operate",
"operations", and other words of like import or intent shall be given a corresponding
meaning.
2.
Every person who operates a commercial parking lot within the Municipality shall first apply
for and obtain an annual licence to do so for each such commercial parking lot.
3.
Nothing in this Schedule shall relieve or exempt any person from the obligation to comply with
the requirements of any other by-law of the Municipality in force from time to time or from the
obligation to obtain any licence, permit, authority or approval required under any other by-law
of the Municipality.
4.
Every person so licensed shall be subject to the provisions of this Schedule.
5.
An application for a commercial parking lot licence shall be made in writing, filed with the
Clerk, and:
(1)
shall show the applicant's name and postal address, the name and address of the
commercial parking lot or proposed commercial parking lot, and a full legal description
of the premises used or proposed to be used, together with sufficient particulars of
arrangements for carrying on the business, together with six true copies;
(2)
save where a similar licence was in force for the previous year with respect to the same
premises and there is no change in the relevant information, the application shall be
accompanied by a satisfactory site plan signed by the applicant, with six true copies.
The plan shall be drawn to a scale of 1:200 (metric scale) where the area of the site is
2300 square metres or less, and otherwise to a scale of 1:500 (metric scale). The plan
shall be substantially in accordance with the form of a site plan and showing:
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(a)
location of the premises, position of adjacent street lines, sidewalks, boulevards,
fire hydrants, poles and driveways, and the position and type of use of adjacent
buildings, structures and premises, all according to scale and including an
indication of the north point;
(b)
the drainage system and type and specifications of surfacing of all outdoor areas
to which motor vehicles will have access, together with complete grade levels
and the location and dimensions of all catch basins and other drainage facilities,
the location and dimensions of all islands, barriers, signs, poles, lighting, trees,
buildings, structures and things above the level of the paving and all access
driveways, manoeuvring space and parking spaces, entrances, exits and ramps;
(c)
in the case of any building or structure, the location of the vehicular and
pedestrian entrances and exits, the entrance and exit driveways, the location and
grade of ramps within the premises giving access to or from the ground level, the
location and size of receiving and exit areas, and where parking tickets are to be
issued, the location and nature of ticket-issuing points; and,
(d)
landscaping where such is required by the Zoning By-law, and any amendments
thereto, including any requirements set forth through site plan control;
(3)
save where a similar licence was in force for the previous year with respect to the same
premises and there is no change in the relevant information, the application shall be
accompanied by complete plans and specifications, including the plans and specifications
of the construction of all signs and their supporting framework, signed by the applicant,
with six true copies.
6.
Every person operating a commercial parking lot shall:
(1)
submit to the Clerk, prior to the issuance or renewal of a licence under this Schedule,
proof of a policy of comprehensive public liability insurance on an occurrence basis
against claims for personal or bodily injury, death, property damage, or other claim, in
the amount of at least $2,000,000.00, exclusive of interest and all costs, in respect of any
one occurrence.
(2)
give at least 30 days notice in writing to the Clerk of any cancellation, expiry or
variation in the amount of the policy set out in subsection 6(a) above.
7.
Every commercial parking lot shall be so designed, constructed and equipped as to be suitable
in all respects for the purposes for which it is used or intended to be used, and, without
restricting the generality of the foregoing:
(1)
all outside areas to which motor vehicles will have access shall be suitably surfaced with:
(a)
hot-mix asphalt on granular base; or
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(b)
asphalt penetration top on granular base; or
(c)
concrete; or
(d)
crushed stone or slag suitably treated so as to make it dust-free, and to prevent
it from spilling or spreading into any street or other adjoining land; or,
(e)
other suitable material, as determined by the Director of Municipal Works.
(2)
save as may be otherwise lawfully authorized by a licence to use part of a property, all
parking spaces and outside areas accessible to vehicles, except exits and entrances, shall
be provided with curbing, placed at least three metres from adjacent properties, so
designed, constructed, located and otherwise suitable as to prevent any part of a motor
vehicle from projecting over any part of a street, public lane or other public place, or
within eight centimetres of the boundary of any other adjoining land. The curbing must
meet, or exceed Ontario Provincial Standards (O.P.S.) specifications, or be deemed
suitable by the Director of Municipal Works;
(3)
parking facilities meet the requirements of By-Law, No. 94-262 being the Disabled
Parking By-law, and any amendments thereto;
(4)
there shall be displayed in a conspicuous place, where it may readily be seen by every
driver of a motor vehicle about to enter the premises, a suitable sign no nearer to the
ground than one and a half metres, and not farther from the ground than three and a half
metres, bearing in clear and legible letters and figures no less than ten and no more than
thirty centimetres high, the name of the operator, the days and hours of operation, and
rates for the parking of motor vehicles and the licence number of the licence issued by
the Clerk for the operation of the subject commercial parking lot;
(5)
all signs posted by, or on behalf of the commercial parking lot are in conformity with
By-law No. 6661, 1964, being the Sign By-law, and any amendments thereto, including
obtaining any permits required by the Sign By-Law;
(6)
the commercial parking lot shall be sufficiently illuminated so that an average level of
lighting be maintained between 1.0 and 2.0 lumen.
(7)
lighting fixtures are of a type and are arranged as to cause no nuisance or distraction to
passing traffic or to adjoining properties;
(8)
garbage receptacles, properly constructed of steel, or another suitable material, as
determined by the Director of Municipal Works and be placed at central locations, in the
numbers prescribed by the following table:
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Capacity of Parked Vehicles
Receptacles Required
1 to 50
1
each additional 50 vehicles
+1
8.
The operator of every commercial parking lot shall ensure:
(1)
that all signs and required facilities are maintained in conformity with all applicable
provisions hereinbefore set forth;
(2)
that every entrance, exit, and access aisle is kept unobstructed for its full length and
width, and that all entry, parking and discharge of vehicles is conducted only as
indicated on the plans submitted with the application for licence or as subsequently
authorized, provided that this subsection shall not be deemed to prohibit a suitable ticket
office or automatic control device which does not contribute to congestion or
unreasonably obstruct any means of ingress or egress;
(3)
that if the operator engages in driving, operating ,or moving motor vehicles parked or
stored at or upon the licensed premises, that the operator be the holder of a valid driver's
licence as defined under the Highway Traffic Act R.S.O. 1990 Chapter H. 8, as amended,
and shall not employ any person or permit any employee to drive or operate such motor
vehicle unless such person is the holder of a valid driver's licence, as defined under the
Highway Traffic Act;
(4)
that except in the case of a metered or automatically controlled commercial parking lot,
a competent attendant is on duty at all times during business hours as indicated on the
sign;
(5)
that no soliciting occur, on any highway within the jurisdiction of the Municipality, on
behalf of the licensed commercial parking lot;
(6)
that no signs displayed on the licensed premises resemble or be constructed to resemble
an official parking symbol used to designate municipal parking lots;
(7)
that no person is allowed to loiter about the premises; and
(8)
that the licensed premises be kept free from dirt, debris, snow, ice or other foreign
substances and be kept in a clean and neat condition, and that any sidewalk or street
upon which such premises abuts, be kept free from dirt, debris, snow, ice or other foreign
substance derived from such premises or resulting from the use thereof.
9.
No operator licensed under this Schedule shall:
(1)
remove or cause to be removed any dirt, debris, snow, ice or other foreign substances
from the commercial parking lot premises to any sidewalk or roadway upon which such
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premises abuts;
(2)
cause, or permit the drainage of surface water across any sidewalk upon which the
licensed premises abuts;
10.
Every operator licensed under this Schedule shall at all times permit any person authorized by
Council to enter the licensed premises and make such inspection as they deemed necessary in
order to ascertain whether or not the provisions of this Part are being complied with.
11.
Every operator licensed under this Schedule shall pay an annual licence fee for each commercial
parking lot so operated, in accordance with Schedule 1 to this By-law.
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DEALERS IN OLD GOLD OR OTHER PRECIOUS METALS
Schedule 12 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
Every person, who for hire or gain, shall deal in old gold or other precious metals, or in old
jewellery or other similar articles shall obtain a licence and pay an annual licence fee in
accordance with Schedule 1 to this By-law.
2.
No person licenced under this Schedule shall purchase, take in exchange, or receive any gold
or other precious metal or old jewellery or other articles from any person who is under the age
of 18, or from any person under the influence of alcohol or drugs.
3.
No person shall alter, repair, dispose of, or in any way part with any old gold or other precious
metals or old jewellery or other similar articles purchased or taken in exchange until after the
expiration of 10 clear days from the date of such purchase or exchange, and same shall be kept
on the premises in respect to which the licence is issued and shall be subject to inspection at any
time during business hours by any police officer or Municipal Law Enforcement Officer.
4.
Every licenced dealer shall keep a record of all old gold or other precious metals or old jewellery
or other similar articles purchased or taken in exchange or otherwise acquired. Each entry must
be made at the time of purchase, or immediately thereafter, and shall include the date and hour
of purchase or exchange, the full description of the article(s), the price paid therefor, and name
and address and description of person from whom purchase or exchange was made.
5.
Every licenced dealer shall deliver or caused to be delivered to the Niagara Regional Police
Service not later than 9:00 a.m., on the day following, a trascipt of the transactions of the
previous day.
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DRIVING SCHOOLS AND DRIVING INSTRUCTORS
Schedule 13 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule:
(1)
"driving school operator" means a person who is licensed or is required to be licensed
under this By-law to carry on the business of teaching persons to operate motor
vehicles;
(2)
"instructor" means a person who is licensed or is required to be licensed as a driving
instructor under this By-law and who is employed or self-employed in the business of
teaching persons to operate motor vehicles; and
(3)
"employed" includes any business relationship between and operator and instructor,
whether on a salary, hourly wage, commission or independent contractor basis, and the
terms "employee" and "employment" have a corresponding meaning.
2.
The Clerk of the Municipality may issue the following types of licences in connection with
driving instruction:
(1)
a driving school operator's licence; and
(2)
a driving instructor's licence.
3.
An applicant, if qualified under the provisions of this By-law, may be issued one or more of the
said licences according to his qualifications.
4.
The holder of one type of licence under section 2 of this Schedule shall not carry on the trade
or business for which the other type of licence is required unless he holds such other type of
licence under section 2.
5.
Every person who carries on the business of a driving school operator shall obtain a licence and
pay an annual licence fee in accordance with Schedule 1 to this By-law.
6.
Every person who carries on the occupation of a driving instructor shall obtain a licence and pay
an annual licence fee in accordance with Schedule 1 to this By-law.
7.
An application for a licence as a driving school operator shall be made upon a form to be
provided by the Municipality and shall be accompanied by:
(1)
a list of the vehicle or vehicles to be used for such purpose together with their make and
serial number;
(2)
a Safety Standards Certificate corresponding to vehicle or vehicles to be used for the
purpose of giving instruction; and
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(3)
a Certificate of Insurance. Every driving school operator shall, in respect of each driving
school vehicle which is used for the purpose of giving instruction, procure a policy of
insurance endorsed to the effect that the Clerk will be given at least ten (10) days' notice
in writing of any cancellation, expiry or change in the amount of the policy, insuring in
at least the amount of $1,000,000.00 (exclusive of interest and costs) against loss or
damage resulting from bodily injury or death of one or more persons, or from loss of or
damage to property resulting from any one accident, and the said policy shall make
provision for passenger hazard in an amount not less than the foregoing.
8.
An application for a driving instructor's licence shall be made in writing on a form provided by
the Municipality and shall be accompanied by:
(1)
a valid Ontario Driving Licence granted to the applicant under the provisions of The
Highway Traffic Act;
(2)
a valid Driving Instructor's Licence granted to the applicant by the Ministry of
Transportation;
(3)
one photograph, for filing with the Clerk.
9.
Any driving school motor vehicle to be used for giving instruction in driving to student drivers
shall be:
(1)
equipped with dual control of clutch and brake if the automobile is equipped with
standard transmission, and dual control of brake only if automatic transmission;
(2)
marked on the said vehicle in large visible letters, the name of the Operator or Firm or
Driving School; and
(3)
kept in first-class mechanical condition at all times.
8.
A driving school operator shall:
(1)
employ only licensed driving instructors;
(2)
not employ any driver whose ability is impaired from the use of alcohol or drugs;
(3)
not permit any instructor employed in the business to work in contravention of The
Industrial Standards Act;
(4)
keep a record of each driving lesson given by him or by any driving instructor in his
employ showing the name and address of the student driver, the number of his motor
vehicle operator's licence or temporary instruction permit and the date and time of the
giving of the lesson.
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9.
Every driving school operator and driving instructor shall while giving lessons:
(1)
refrain from giving instruction to any student driver when any person other than himself,
the student driver and the owner of the business is in the vehicle in which the instruction
is being given, except that group instruction may be given to students designated as a
group to receive such instruction;
(2)
refrain from giving instruction in any vehicle in which all operating equipment is not in
good condition;
(3)
refrain from giving instruction or causing or permitting instruction to be given to any
student driver who fails to produce a motor vehicle operator's temporary instruction
permit or a motor vehicle operator's licence issued by the Ministry of Transportation; and
(4)
refrain from giving driving instructions to a student driver in those areas of the
Municipality normally used by Examiners of the Ministry of Transportation and
Communications for the purpose of conducting driving examinations.
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EXHIBITIONS, ETC.
Schedule 14 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
Every licensee who owns or keeps for profit an exhibition of wax works, a menagerie, an
exhibition of paintings or sculptures, or other works generally classed as art, automobile
exhibitions, or an exhibition of natural or artificial curiosities, freaks of nature or handcraft shall
obtain a licence pay an annual licence fee in accordance with Schedule 1 to this By-law.
2.
Every licensee to whom this Schedule relates shall keep good order in or at any building or
premises in respect to which a licence has been issued, including the maintenance of queues for
the purpose of gaining entrance to the exhibit and at his own expense shall keep a sufficient staff
of employees or servants for that purpose.
3.
Every licensee to whom this Schedule relates shall, for each exhibition for which he holds a
licence, procure a policy of insurance endorsed to the effect the Municipality will be given at
least 30 days notice in writing of my cancellation, expiry or variation in the amount of the policy
insuring in at least the following amounts, and deposit a copy or current Certificate of Insurance
thereof with the Clerk:
(1)
in the case of bodily injury or death, to a limit of at least $1,000,000.00 for any one
accident (exclusive of interest and costs) against all claims for personal injury, including
injury resulting in death and property damage, with an inclusive limit of not less than
$1,000,000.00.
(2)
Every Licensee to whom this Schedule relates shall, upon being ordered to by the
Municipality, cease to publish, display or circulate any poster, handbill, card, novelty,
notice, newspaper advertisement or other matter used to advertise his business or any
show or other performance, and shall forthwith obliterate, withdraw, remove or destroy
any such poster, handbill, card, novelty, notice, advertisement or other matter.
(3)
The admission price for any exhibition, sideshow, menagerie, hippodrome or any other
show shall be posted outside the entrance thereto in a conspicuous place in letters and
figures easily readable at a distance of 25 feet.
(4)
No licence shall be issued under this Schedule until all requirements of the Fire Chief
relating to the fire safety of the premises in which the business is to be located have been
met.
(5)
No licence shall be issued under this Schedule until all requirements of the Medical
Officer of Health relating to the premises in which the business is to be located have
been met.
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FLEA MARKETS
Schedule 15 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule, "flea market" means an area greater than 2,500 square feet, whether indoors
or outdoors, where goods, wares or merchandise are displayed or offered for sale and where a
vendor is charged a rental fee for the space, table or booth to display or sell goods, wares or
merchandise at the flea market or where members of the public are charged a fee for admission.
2.
Every resident or non-resident who holds, organizes or conducts a flea market, shall be required
to obtain a licence and pay a licence fee in accordance with Schedule 1 to this By-law, and the
provisions in this Schedule shall apply.
3.
Every resident or non-resident who proposes to display or sell goods, wares or merchandise
within a duly licenced flea market, shall not be required to obtain a licence or pay any licence
fee to the Municipality.
4.
Indoor flea markets shall be subject to the fire safety requirements, as established by the Fire
Chief.
5.
Persons conducting an indoor flea market shall submit a floor plan to the Fire Chief at the time
of application. The floor plan shall include the following information:
(1)
the name and address of the building;
(2)
the date of proposed flea market; and
(3)
the name of person or organization conducting the flea market;
The floor plan must:
(4)
reasonably represent the building or floor area(s) to be used for the flea market;
(5)
must include all relevant dimensions of the floor area(s);
(6)
locate all emergency exits;
(7)
provide the width of aisles providing access to emergency exits; and
(8)
locate all ancillary uses, such as refreshment tables, seating areas, entertainment areas,
etc.,
and the flea market must be set up in accordance with the approved floor plan.
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FOOD PREMISES
Schedule 16 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
Every person who carries on the business of a retail food shop, take-out food or catering service,
where foodstuffs intended for human consumption are made for sale, offered for sale, stored or
sold shall obtain a licence and pay an annual licence fee in accordance with Schedule 1 to this
By-law, and the provisions in this Schedule shall apply.
2.
Before a licence is issued in respect to the premises containing the business regulated under this
Schedule, the said premises shall be inspected and approved by the Medical Officer of Health.
3.
All food on display shall be protected against filth, flies, dust, dirt, insects and any other
contamination by means of enclosed cases, cabinets, shelves.
4.
All goods prepared for sale shall be wrapped or packaged in such a manner as to prevent any
form of contamination.
5.
Food prepared and transported by a caterer shall be in enclosed containers or protected in such
other manner to prevent contamination and to maintain the food at temperatures 5 degrees
Celsius or lower or 60 degrees Celsius or higher.
6.
No operator or employee shall smoke in any room where food is prepared, stored or displayed
for sale.
7.
The operator shall maintain adequate pest control measures to keep premises free of rodents and
insects.
8.
No live animal, bird or other fowl with the exception of a guide dog shall be permitted in any
room where food is prepared, stored or displayed.
9.
Every building or premises licenced under this Schedule shall be provided with a fire
extinguisher as required by the Fire Chief.
10.
Commercial cooking that produces grease laden vapours and smoke must be protected in
accordance with N.F.P.A. #96 (National Fire Protection Association) - Standard for the Removal
of Grease Laden Vapours and Smoke from Commercial Cooking Equipment, as required by the
Ontario Building Code and Ontario Fire Code.
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LAUNDRYMEN, LAUNDRY COMPANIES, DRY CLEANERS, ETC.
Schedule 17 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
Every person who carries on the business in which laundry or dry cleaning, dry dyeing, cleaning
and pressing, spotting, stain removing is done, received to be done or returned after being done,
and any persons carrying on the business or making available to the public the use of any
services or machines such as laundreterias, washing machines, dryers, dry cleaning machines,
coin operated washing machines, dryers and dry cleaning machines shall obtain a licence and
pay an annual licence fee in accordance with Schedule 1 to this By-law for each such premises
operated.
2.
Notwithstanding anything contained herein, a laundry or dry cleaning licence shall not be
required for depots used exclusively for the purpose of receiving or returning articles on behalf
of a licensed dry cleaner or laundry situated within the Municipality.
3.
Every Licensee hereunder shall cause the premises in respect of which he is licensed together
with its offices and appurtenances and any vehicles, wagons or carts used by him in his business
to be kept in a clean and sanitary condition and shall not allow any of the workrooms used for
the carrying on of the business to be used for sleeping.
4.
The dry cleaning or laundry establishment premises shall be open to inspection by the Fire Chief
at any time while the same is being operated, and the operator of such dry cleaning or laundry
establishment shall immediately rectify any fire hazard which comes to his attention or which
is pointed out to him by the Fire Chief.
5.
No licence shall be granted to the owner or operator of any of the operations referred to in this
Schedule until the Fire Chief has approved of the installation and location of all equipment to
be used therein.
6.
Where dry cleaning or laundry establishments are to be left unattended twenty-four hours a day,
a key or keys for the room enclosing gas-fired units and storage areas shall be made available
to the Fire Chief for the purpose of inspecting same.
7.
No licence shall be granted to the owner or operator of any of the operations referred to in this
Schedule until the Medical Officer of Health has inspected the premises and the premises are
in compliance with the Health Protection and Promotion Act, R.S.O. 1990, c. H. 7 or successor
legislation.
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MOTELS
Schedule 18 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule:
(1)
"Cabin" means a cabin for sleeping that is not a cottage;
(2)
"Cabin Establishment" means a tourist establishment comprising of two or more cabins;
(3)
"Cottage" means a building to accommodate one or more guests that contains at least two
rooms, that is at least partially furnished, and in which the guest is permitted to prepare
and cook food;
(4)
"Cottage Establishment" means a tourist establishment comprising of two or more
cottages owned or leased by the same person;
(5)
"Motel" or "Motor Hotel" means a tourist establishment that:
(a)
may or may not have facilities for serving meals;
(b)
is designed to accommodate the public for whom the automobile is the principal
means of transportation.
2.
In this Schedule Tourist Camps and Motels shall mean and include:
(1)
Cabin; or
(2)
Cabin Establishment; or
(3)
Cottage; or
(4)
Cottage Establishment; or
(5)
Motel or Motel Hotel; or
(6)
Tourist Establishments that have five or more rental units, and that are not included in
subsection (1) and (5) above.
3.
No licence to operate any Tourist Camp or Motel shall be granted unless all of the following
are complied with:
(1)
the full name of the proprietor and his address, and the name of the owner and
manager and their addresses are given in full;
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(2)
the portion of the building or buildings to be used for such purposes is specified;
(3)
the classification of such establishment is specified;
(4)
the buildings comply with the requirements of the Tourism Act, and amendments and
regulations made thereto;
(5)
The person applying for such licence has paid the required licence fee in advance.
4.
The Owner, Proprietor or Manager of a Tourist Camp or Motel licensed under this Schedule
shall:
(1)
display in each sleeping room in a prominent place a legible notice of the rate charged
for that room; and
(2)
display in each sleeping room a certificate certifying that the room has been duly
inspected and is a properly licensed room according to this Schedule;
(3)
maintain a complete register of guests of such establishment specifying the name,
address, date of arrival, period of stay, and date of departure of each guest, which register
shall be at all times open to inspection by any Officer of the Corporation; and
(4)
keep the premises clean and sanitary at all times and keep the same open for inspection
at all times by the Medical Officer of Health or any Officer of the Corporation working
under him; and
(5)
maintain the buildings in accordance with the rules from time to time made by the
Department of Health; and maintain good order and conventional conduct of guests
therein; and afford reasonable protection to guests using the establishment; and
(6)
post a sign containing the words "No Vacancy" in a conspicuous position on the
premises, attached to or in the vicinity of any sign advertising or calling attention to such
Tourist Camp or Motel whenever the accommodation therein is filled or the proprietor
or manager thereof decides not to take any more guests at that time.
5.
No person licensed under this Schedule to operate a Tourist Camp or Motel shall:
(1)
erect or post any sign advertising or calling attention to such establishment except those
for which a permit has been obtained under any By-laws of the Corporation relating to
signs which are in force on the date of the application; or
(2)
Serve meals without first having obtained a restaurant licence.
6.
Every person who owns or operates a Tourist Camp or Motel as specified in Section 2 (1) to (5)
above of this Schedule shall pay an annual licence fee.
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7.
Fire Safety Requirements
(1)
Tourist Cabins and Motels shall be subject to the fire safety requirements of the Ontario
Fire Code or the Hotel Fire Safety Act, as determined by the use of the building(s).
(2)
Each Tourist Cabin and Motel unit shall be equipped with smoke alarms as required by
the Ontario Fire Code, Hotel Fire Safety Act, of the City of Niagara Falls By-Law
83-133 as determined by the Fire Prevention Officer.
8.
It shall be the responsibility of the owner to install and maintain smoke alarms, in accordance
with the applicable law referred to above.
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PAWN BROKERS
Schedule 19 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule:
(1)
"pawn broker" 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; and
(2)
"pawn shop" means the business or premises where the business of a pawn broker is
carried out.
2.
Every person who carries on the business of a pawn broker shall obtain a licence and pay an
annual licence fee in accordance with Schedule 1 to this By-law, and the provisions in this
Schedule shall apply.
3.
No person shall by virtue of one licence keep more than one pawn shop, and a separate licence
shall be obtained for each additional pawn shop kept by the pawn broker, but only one licence
is necessary where two or more persons carry on trade as pawn brokers in partnership in the
same shop.
4.
Before receiving a licence, every pawn broker shall provide a cash security deposit to the
Director of Finance in the sum of $2,000.00 for the due observance of the provisions of The
Pawn Brokers Act, R.S.O. 1990, c. P.6, as amended. Such monies are to be held in trust by the
Director of Finance for the period the pawn broker is in operation.
5.
Every Licensee shall comply at all times with all provisions of the Pawn Brokers Act, R.S.O.
1990, c. P.6, as amended.
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PEDLARS
Schedule 20 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
Every person, who goes from place to place in the Municipality with goods, wares or
merchandise for sale, or who carries and exposes samples, patterns or specimens of any
goods, wares or merchandise that are to be delivered in the Municipality afterwards, shall
obtain and be required to have a licence and to pay an annual licence fee in accordance with
Schedule 1 to this By-law.
2.
No person is required to obtain a licence for hawking, peddling or selling of goods, wares or
merchandise in the Municipality in accordance with the following:
(1)
by persons, or their agents or employees, who are wholesale or retail dealers in
similar goods, wares or merchandise, and who operate in the Municipality; or
(2)
by persons, who go from place to place in the Municipality and who can prove to the
Clerk within 24 hours of a demand by any Municipal or Peace Officer that they have
continuously resided within the Municipality for at least one year prior to the
demand, and who can prove to the Clerk within 24 hours of a demand that they are
peddling for a charitable or non-profit purpose.
3.
Every person required to be licensed shall, at all times while carrying on his business, have
the licence with him and shall upon demand, exhibit it to any police or Municipal Law
Enforcement Officer, and if the person fails to do so is guilty of an offence, unless the same
is accounted for satisfactorily.
4.
Every person who is an agent or employee of a person required to be licensed under this
Schedule shall exhibit his licence when required to do so by any police or Municipal Law
Enforcement Officer.
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PHOTOGRAPHERS
Schedule 21 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
Every person who for hire or gain uses photographic cameras or other similar devices and goes
from place to place, notwithstanding that any product is to be delivered in the Municipality
afterwards, shall obtain a licence and pay an annual licence fee in accordance with Schedule 1
to this By-law.
2.
This Schedule does not apply to photographers who take photographs for use in newspapers,
magazines or other periodicals or in television broadcasts, or to photographers on specific
assignment to local industries.
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PUBLIC GARAGES, AUTOMOBILE SERVICE STATIONS
Schedule 22 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
Every person within the limits of the Municipality who:
(1)
owns or operates a public garage; or
(2)
owns or keeps an automobile service station located or erected within any defined area
or areas or on land abutting on any defined highway or part of a highway in which area
or areas, or on which land the erection or location of garages to be used for hire or gain
or gasoline and oil filling stations, is prohibited by a By-law of the Municipality shall
procure an annual licence so to do and every person so licensed shall be subject to the
provisions of this Schedule.
2.
In this Schedule:
(1)
"public garage" means and includes a parking station or a parking lot or a building or
place where motor vehicles are hired or kept or used for hire or where such vehicles or
gasoline or oils are stored or kept for sale, and a building or place used as a motor
vehicle repair shop or for washing or cleaning motor vehicles and an automobile service
station other than as described in subsection (b) of Section 1 of this Schedule.
(2)
"automobile service station" means a building or place where gasoline, oil, grease,
anti-freeze, tires, tubes, tire accessories, electric light bulbs, spark plugs and batteries for
motor vehicles are stored or kept for sale, or where motor vehicles may be oiled,
greased, or washed, or have their ignition adjusted, tires inflated or batteries charged,
or where only minor or running repairs essential to the actual operation of motor vehicles
are executed or performed, and shall include a business where the gasoline or oil are
available on a self-serve basis, and is deemed to include the type of operation commonly
known as a gas bar.
3.
A public garage licence may be restricted to one or more of the following classifications:
Classification
Description
Class "A"
A parking station, a parking lot, a building or a place where motor
vehicles are hired, used for hire.
Class "B"
A building or a place where used or new motor vehicles are sold or kept
for sale.
Class "C"
A building or place used as an automobile service station.
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Class "D"
A building or place used as a motor vehicle body repair shop.
Class "E"
A building or place used as a motor vehicle mechanical repair shop.
Class "F"
A building or place used for washing or cleaning motor vehicles.
4.
Owners and operators of public garages, as designated in Classifications "A"-"G", inclusive, are
subject to the following:
(1)
no person licensed under this Schedule shall store or park, or allow to be stored or
parked, any trailer used for human habitation while so stored or parked;
(2)
no person licensed under this Schedule shall remove or cause to be removed any snow
from his public garage or automobile service station premises to any sidewalk or
roadway upon which such premises abuts;
(3)
every person licensed under this Schedule shall at all times permit any person authorized
by Council to enter the licensed premises and make such inspection as may be deemed
necessary in order to ascertain whether or not the provisions of this Schedule are being
complied with;
(4)
(a)
no person licensed under this Schedule shall permit the engine of a motor vehicle
in any building to run, whether on a frame or in a motor vehicle, while stationary,
unless adequate ventilation is provided to ensure dilution of any carbon
monoxide fumes; and
(b)
no public garage licence shall be issued under this Schedule in respect of a
building for which no licence was issued in the previous year unless the applicant
satisfied the Fire Chief that the Ministry of Labour for the Province of Ontario
has approved the plans for providing adequate ventilation facilities in that part
of the building where motor cars may be stored or repaired;
(5)
An owner or operator of a public garage shall, forthwith upon receipt, produce to the
Clerk of the Municipality a true copy of any and all garage licences issued by the
Ministry of Transportation for the Province of Ontario which relate to the premises on
which the public garage or service station proposes to operate.
(6)
every owner or operator of a public garage licensed under this Schedule shall keep the
licensed premises free from rubbish and in a clean and neat condition, and shall keep any
sidewalk or street upon which such premises abuts, free from dirt or other foreign
substance derived from such premises or resulting from the use thereof;
(7)
every owner or operator of a public garage licensed under this Schedule shall prevent the
drainage of surface water across any sidewalk upon which the licensed premises abuts;
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(8)
every owner or operator of a public garage licensed under this Schedule shall not park,
repair or store any motor vehicle on any highway upon which the licensed premises
abuts;
(9)
nothing herein shall be deemed to authorize the location or erection of any automobile
service station contrary to any zoning By-law in force under The Planning Act;
(10)
every owner or operator of a public garage or automobile service station licensed under
this Schedule shall provide that all parking and manoeuvring areas are surfaced with hot
mix asphalt, portland cement concrete or asphalt stone chip seal coat.
5.
Owners and Operators of Public Garages as designated in Classification "F" are subject to the
following:
(1)
No person licensed under this Schedule shall remove or cause to be removed any snow
from his public garage or automobile service station premises to any sidewalk or
roadway upon which such premises abuts.
(2)
Every person licensed under this Schedule shall at all times permit any person authorized
by the Municipality Council to enter the licensed premises and make such inspection as
may be deemed necessary in order to ascertain whether or not the provisions of this
By-law are being complied with.
(3)
No person licensed under this Schedule shall permit the engine of a motor vehicle in any
building to run, whether on a frame or in a motor vehicle, while stationary, unless
adequate ventilation is provided to ensure dilution of any carbon monoxide fumes.
(4)
No public garage licence shall be issued under this Schedule in respect of a building for
which no licence was issued in the previous year unless the applicant satisfies Council
that the Ministry of Labour for the Province of Ontario has approved the plans for
providing adequate ventilation facilities in that part of the building where motor cars
may be stored or repaired.
(5)
No person licensed under this Schedule shall use or permit to be used any portion of the
public garage for the washing of motor vehicles by mechanical or other means, unless:
(a)
there are not more than two waiting lines;
(b)
waiting lines are clearly defined by approved markings or barriers;
(c)
the minimum inside turning radius for a waiting line is 20 feet;
(d)
motor vehicles in the waiting line are prevented from having access to the
gasoline pumps and other service facilities of the public garage, except that
gasoline pumps may be installed for the sale of gasoline in conjunction with the
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operation of a carwash;
(e)
one-way driveways are clearly signed at the street line;
(f)
(i)
all external and internal drainage connected directly to sewers;
(ii)
a sand trap is installed in each drain line connecting a wash area to the
sewers.
(g)
lighting fixtures are of a type and are so arranged as to cause no nuisance or
distraction to passing traffic or to adjoining properties;
(h)
signs are of such size, colour and design and are so placed as to cause neither
distraction nor confusion to motorists or pedestrians;
(i)
vehicles left for washing are stored on private property.
(6)
No person licensed under this Schedule shall park or store any motor vehicle on any
highway upon which the licensed premises abuts.
(7)
Every owner or operator of a public garage used as a car washing establishment shall
provide that all parking and manoeuvring areas are surfaced with hot mix asphalt,
portland cement concrete or asphalt stone chip seal cost.
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PUBLIC HALLS
Schedule 23 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule:
(1)
"Owner" means person who has in respect of premises an estate for life or a greater
estate, legal or equitable or a leasehold estate.
(2)
"Public Hall" means a building or portion of a building including a portable building or
tent that is offered for use or used as a place of public assembly, but does not include a
theatre within the meaning of The Theatres Act, or a building, except a tent, used solely
for religious purposes.
(3)
"Fire Resistive Construction" means non-combustible construction having a
fire-resistance rating of one hour or more.
(4)
"Exit" means that part of a means of egress that leads from the floor area it serves,
including any doorway leading directly from a floor area to a public thoroughfare or to
an approved open space.
(5)
"Floor Area" means the space on any storey of a building between exterior walls and
required firewalls, including the space occupied by interior walls and partitions but not
including exits and vertical service spaces that pierce the storey.
(6)
"High Occupant Load" means an occupant load where the number of persons in a room
or floor area is such that the area of floor per person is not more than 12 square feet in
accordance with the Ontario Fire Code or Ontario Building Code.
(7)
"Occupant Load" means the number of persons for which a building or part thereof is
designed.
(8)
"Means of Egress" means a continuous path of travel provided by a doorway, hallway,
corridor, exterior passageway, balcony, lobby, stair, ramp or other egress facility, or
combination thereof for the escape of persons from any point in a building, floor area,
room or contained open space to a public thoroughfare or other approved open space.
Means of Egress includes exists and access to exits.
(9)
"Mezzanine" means an intermediate floor between the floor and ceiling of any room or
storey. It shall not be considered as a storey in calculating building height provided:
(a)
the aggregate area of the mezzanine floor does not exceed 40% of the area of the
room or storey in which it is located;
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(b)
it is used as an open floor area except as provided in sentence 3.3.2.9(2), of the
Ontario Building Code; and
(c)
the space above the mezzanine floor and the space above the floor beneath it has
no visual obstructions more than 42 inches above such floors.
2.
No owner shall operate a public hall or allow any building or part thereof to be used as a public
hall unless he holds a public hall licence issued by the Clerk for which the fees payable shall be
as outlined in Schedule 30 of this by-law:
Grade 1 - Licensed capacity of over 1,000 persons
Grade 2 - Licensed capacity of between 999 and 600 persons
Grade 3 - Licensed capacity of between 599 and 300 persons
Grade 4 - Licensed capacity of under 300 persons
3.
No licence fee shall be payable under this Schedule in respect of any part of any school building
or by any religious organization in respect of a public hall used for entertainment given or held
only by such organization but every such hall shall in all other respects comply with this part and
shall require a licence.
4.
Every application for a public hall licence shall be accompanied by:
(1)
a statement on the form provided by the Clerk giving such particulars as to the location,
size and construction of the hall, and in the case of applications for renewals, any
renovations or reconstruction, as may be required;
(2)
a certificate signed by the Fire Inspector or Fire Prevention Officer, certifying that the
building meets the minimum fire safety requirements of this Part and the Ontario Fire
Code and stating how many persons should be allowed under the provisions of the
Ontario Fire Code or Ontario Building Code.
(3)
a certificate signed by the Chief of Police certifying that the operation of a hall in the
location applied for is approved by him and that he is satisfied with the proposed use of
the building or part thereof as a public hall and with the proposed methods of operation;
and
(4)
a certificate dated within three months of the application signed by the local inspector
of the Hydro-Electric Power Commission of Ontario, certifying that the electrical wiring
has been inspected and found satisfactory;
(5)
a certificate signed by the Public Health Inspector stating that the hall has been inspected
and whether he is or is not satisfied therewith.
5.
Calculation of the "Occupant Load":
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(1)
The owner of a public hall shall not allow a greater number of persons to enter and be
in the hall at any one time than is stated to be the maximum capacity of the hall on the
licence, which maximum capacity shall be determined as follows:
(a)
The occupant load of every floor area or part thereof, shall be:
(i)
the number of persons for which the floor area or part thereof is designed;
but
(ii)
not less than the number of persons that can be accommodated on the
floor area or part thereof as determined from Occupant Load TABLE A;
(b)
for the purpose of this article, mezzanines, tiers and balconies shall be regarded
as part of the floor area;
(c)
where a room or group of rooms is intended for two or more occupancies at
different times, the value to be used from Occupant Load TABLE A shall be the
value which gives the greatest number of persons for the occupancies concerned.
Occupant Load TABLE A
ITEM
NO.
TYPE OF USE OF FLOOR AREA OR PART THEREOF
AREA/PERSON
(Sq. Ft.)
ASSEMBLY USES
1
Space with fixed seats
*
2
Space with non-fixed seats
8
3
Space with non-fixed seats and tables
10
4
Standing space
4
5
Stadia and grandstands
6
6
Bowling alleys, pool and billiard rooms
100
7
Classrooms
20
8
School shops and vocational rooms
100
9
Reading or writing rooms or lounges
20
10
Dining, beverage and cafeteria space
12
11
Laboratories in schools
50
12
Other assembly uses
15
*The occupant load shall be based on the number of seats provided.
(2)
For the purposes of this Schedule, the floor area of a public hall shall not include the
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floor areas of any platform, stage, washroom, kitchen, cloakroom, hallway, entranceway,
stairway, stairwell or any other anteroom adjacent to or used in connection with such
public hall.
(3)
The owner of every public hall shall display in a prominent place in the entranceway to
the public hall and inside the hall adjacent to the entranceway, placards, received from
the Clerk at the time of issuance of the licence. Such placards shall state the permitted
maximum occupancy and the telephone number of the Fire Chief.
6.
(1)
In every public hall having rows of fixed seats, there shall, in addition to the space at the
front and the rear of the hall, be aisle space of at least 36 inches wide where serving seats
on one side only and at least 42 inches wide when serving seats on both sides. The
minimum width of such aisle shall be measured at the point farthest from an exit, cross
aisle, or foyer and shall be increased in width by 1 1/2 inches for each 5 ft. in length
toward the exit.
(2)
Such exits, cross aisles or foyers, as mentioned in subsection 6-(1) shall be at least the
required width of the widest aisle plus 50% of the total required width of the remaining
aisles that it serves.
(3)
The floor of every aisle shall have a gradient of not more than 1 to 8.
(4)
In every public hall having rows of movable seats there shall, in addition to the space at
the front and rear of the hall, be aisle space of not less than 44 inches in width for every
150 persons or fraction thereof for which the hall is licensed and no centre seating
Section shall contain more than fourteen (14) seats in a row and no seating Section
running to a side wall shall contain more than seven (7) seats in a row.
(5)
In every public hall having chairs and tables, there shall, in addition to the space at the
front and rear of the hall, and in addition to any space used for dancing or any
entertainment, be clear aisle space of not less than 22 inches in width between rows of
tables and chairs for not more than two (2) persons, thirty-six (36) inches between rows
of tables and chairs for not more than four (4) persons and forty-four (44) inches in width
between rows of tables for more than four (4) persons at an individual table.
(6)
Movable seats shall not be permitted in balconies or galleries on which the floor is
arranged in steps.
(7)
Where an exit is located at the side of the hall having movable or fixed seats or chairs
and tables, there shall be a cross aisle giving access to each such exit. The cross aisle
shall conform to subsection (2) of this Section 6.
(8)
Standing in the aisles, additional seats or additional chairs and tables, which would
reduce the effective aisle width below the required minimum shall not be permitted.
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7.
(1)
(a)
Every public hall shall be served by not fewer than two exists except as provided
in (b).
(b)
Floor areas intended for public halls in buildings not exceeding 2 storeys in
building height, may be served by one (1) exit provided;
(i)
the floor area is not intended for more than 60 persons;
(ii)
the floor area does not exceed 2,000 sq. ft; and
(iii)
the travel distance from any point in the floor area whether subdivided or
not, to the exit does not exceed 50 ft.
(2)
Where more than one (1) exit is required from a floor area, such exits shall be located
so that the travel distance to at least one (1) exit shall not be more than 100 ft.
(3)
Where more than one (1) exit is required, every exit shall be considered as contributing
not more than one-half (l/2) the required units of exit width.
(4)
Exits shall be located and arranged so that they are clearly visible or their locations are
clearly indicated and they are accessible at all times.
(5)
The number of exits from each floor area in which there is a high occupant load shall
conform to the following:
TOTAL NUMBER OF PERSONS
(OCCUPANT LOAD)
MINIMUM NUMBER OF
REQUIRED EXITS
60 - 600
2
601 - 1,000
3
Over 1,000
4
(6)
The clear width of every exit shall be at least 36 inches and the clear width of any
corridor used as an exit shall be at least 44 inches.
(7)
(a)
In determining the aggregate widths of required exits, the occupant load of every
room or floor area of the considered building shall be determined according to
Section 5 of this Part.
(b)
The aggregate width of exits from a room or floor area expressed in units of exit
width (22 inches) shall be determined by dividing the occupant load of the
prescribed area by the allowable number of persons per unit of exit width
specified in subsection 7.(7).
(c)
In determining the width in units of an individual exit, width of an exit in inches
shall be divided by 22. When the remainder is less than 12 inches, it shall not
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be considered as contributing to the number of units. Where the remainder is 12
inches or more, it shall be considered as contributing 1/4 unit of exit width.
(d)
Where two or more exits converge, the aggregate required units of exit width
shall be cumulative except that the width of an exit stair need not be cumulative
where the floor areas that it serves:
(i)
are one above the other; or
(ii)
do not contain a high occupant load.
(8)
(a)
In rooms or floor areas that have a high occupant load, the number of persons per
unit of exit width shall be 90 for a ground level entrance and passageways at
ground level and 60 for ramps, stairs and connecting passageways.
(b)
For all other occupancies the number of persons per unit of exit width shall be
60.
(9)
(a)
Every means of egress shall have a headroom clearance of at least 7 feet.
(b)
The headroom clearance for stairways measured vertically above any landing or
nosing of any stair tread shall be at least 6 ft. 9 in.
(c)
The headroom clearance for doorways shall be at least 6 ft. 8 in.
(d)
No device, such as a door closer, shall be installed so as to reduce the headroom
clearance of a doorway to less than 6 ft. 6 in.
(10)
Every balcony or gallery in a public hall shall have at least two independent means of
exit, either to the outside or to the main floor of the hall.
(11)
Rugs, carpets or other floor coverings shall be secured and maintained so that they will
not ruck or so that they will not, in any way, impede egress.
(12)
Mats located at the entrance of the public hall shall be flush with the floors or have
cambered or bevelled edges.
(13)
Articles which may create any obstruction shall not be located in or adjacent to the path
of exit travel.
(14)
An area measuring six (6) feet from the near side of the exit is to be kept clear.
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8.
(1)
Every exit door shall open in the direction of exit travel.
(2)
All exit doors including the main entrance door shall be equipped with panic-type
hardware that enables a door to be opened easily upon the application of pressure from
the inside. Panic hardware shall not be required on free swinging doors which are not
equipped with any locking or latching devices.
(3)
(a)
No revolving type of door or turnstile shall be used as an exit from a public hall
except that a revolving type door or turnstile may be used from the first or
ground floor provided that there is an exit door or doors of the swing type
adjacent to and within at least fifteen (15) feet of the revolving door or turnstile.
(b)
Revolving doors or turnstiles shall not be used at the foot of any stairway.
(4)
Hooks, padlocks, chains and draw bolts other than the panic hardware type, shall not be
permitted on doors.
(5)
Whenever a public hall is to be used, the owner shall take all necessary steps to ensure
that the doors open freely.
9.
(1)
Above every exit or access to exit, every exit sign shall:
(a)
be visible from the exit approach;
(b)
have the word "EXIT" in plain legible letters as described in sentence (2) of this
Section;
(c)
be designed to be illuminated continuously while the public hall is occupied;
(d)
be connected to an electric circuit separate from that furnishing any other electric
service in the building and on a circuit from a point on the supply side of the
service switch and provided with its own service box;
(e)
the circuit must be identified;
(f)
in lieu of electric current, an approved nuclear radiant sign may be used.
(2)
(a)
Lettering on exit signs shall be at least 4 « inches high with the principal strokes
3/4 inch in width, red on a black or opaque background.
(b)
Exit signs shall be internally illuminated.
10.
(1)
The width of every exit stairway shall not be less than the exit door from which it leads
and the width of every exit stairway that serves floor areas with a total occupant load
exceeding 100 persons shall be at least 44 inches.
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(2)
Treads and risers in every exit stair, except a fire escape stair, shall be proportioned so
that the product of the rise and run in inches shall not be less than 70 and no more than
75; risers shall have maximum rise of 7-3/4 in. and a minimum rise of 5 in.; treads shall
have a minimum run of 9 in. exclusive of nosing, provided where structural difficulties
exist the Building Inspector may issue a permit in writing for a stairway having a slope
of not greater than 45 degrees from the horizontal.
(3)
The finish for treads and landings of interior or exterior stairs and ramps accessible to
the public shall have non-skid finish or be provided with non-skid strips.
(4)
An inclined ramp may be permitted in lieu of a stairway, provided such ramp shall have
a slope not greater than one foot rise in 10 ft. of run.
(5)
Any exit stairway, connecting two or more floors, shall be enclosed at all floor levels
with construction having a fire resistance of not less than one hour. Doors providing
access to this enclosure shall have a fire resistance of not less than 3/4 hour and shall be
equipped with self closers.
(6)
All exit stairway enclosures shall provide a protected means of egress to grade such that
it would not be necessary to leave the stairway enclosure to reach an exterior door. A
lobby or foyer may constitute part of the stair enclosure provided that it is enclosed in
accordance with subsection (5) and provided that the distance of travel through the lobby
to an exit does not exceed 50 feet.
(7)
Exit stairs from the first balcony or gallery above the main floor need not be enclosed
provided that these stairs serve only the first balcony or gallery.
(8)
Every passageway or platform leading to or from an exit stairway shall be kept clear of
all obstructions.
(9)
The space under stairs shall be left entirely open or shall be completely closed without
any means of access.
(10)
In buildings over 2 storeys in building height, any part of an exit ramp or stair that
continues past the exit door at ground level to a basement or cellar shall be clearly
marked in some manner to indicate that it does not lead to an exit.
1. All combustible exit stairs and landings shall have their undersides protected by a one
hour fire resistive ceiling.
11.
(1)
Every outside fire escape shall be of the stair type only and shall extend down to the
ground or street level, provided that where a fire escape is situated on a street or travelled
lane, the last Section may with the approval in writing of the Building Inspector, be the
counter-balanced type. In no case shall the slope of the stairway exceed 45 degrees with
the horizontal. The counter-balanced type must be serviced yearly. The area beneath
the stairway is to be kept clear.
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(2)
The stairs, platforms, supporting members and anchorage of every outside fire escape
shall be designed to support, in addition to their own weight, a live weight of not less
than 100 lbs./square foot of tread and platform.
(3)
The maximum vertical distance between grade level and the second storey landing of an
outside fire escape shall not exceed 14 feet and the maximum vertical distance between
all other landings above the second storey shall not exceed 12 feet.
(4)
Every stairway of an outside fire escape shall have a minimum tread width of 36 inches
and all landings shall have a clear area of 12 square feet. Each stairway and landing
shall be equipped with handrails.
(5)
Every window beneath, within 15 ft. horizontally, and every window above, within 10
ft. vertically of any portion of an outside fire escape, shall be provided with wired glass
fixed sash and every door other than the door serving the top floor, underneath and
providing access to an outside fire escape shall be a one hour fire-rated door with a
self-closer.
12.
Before the public hall is used on any occasion, the owner shall clear every outside fire escape
of snow, ice or any other obstruction.
13.
Every stairway, passageway, and fire escape shall be well, lighted whenever the public hall is
in use and emergency lighting shall be installed where required in accordance with the Building
By-law of the Municipality.
14.
False doors, windows, mirrors or other type of decoration which give the appearance of a door
or exit where no door or exit exists, shall not be permitted.
15.
The owner shall see that any person using the public hall complies with the following with
respect to decorations:
(1)
Decorative paper, crepe paper, cardboard, corrugated display card, or other combustible
materials being used have been fire-retardant treated during manufacturing. Proof must
be submitted to the Fire Chief upon request.
N.F.P.A. Fire Protection Handbook (6-116) identifies that treating
paper is difficult due to the questions of various paper finishes,
sizing and colour fastness. It is preferable to purchase
factory-treated materials.
(2)
Plastic decorations or costumes shall not be used in any public hall.
(3)
Curtains of combustible materials must be fire-retardant treated annually unless it can
be shown to the satisfaction of the Fire Chief that the treatment will last longer.
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(4)
Combustible stage properties must be fire-retardant treated before use.
(5)
Vegetable produce such as wood, straw, corn stalks, etc., must be fire-retardant treated
before use.
(6)
Subsections (1), (3), (4) and (5) above must withstand a match test by the Fire Prevention
Officer during his inspection. Failure of the test will require retreatment or removal.
(7)
All material mentioned in subsections (1), (3), (4) and (5) above shall not be placed on
an electric fixture or within three feet of an electric light bulb, stove, or heating appliance
or the pipes in connection therewith.
(8)
Candles shall not be used in any public hall.
(9)
Subsections (1), (2), (3), (4), (5), and (8) above may be relaxed with the written
permission of the Fire Chief.
16.
Flammable liquids, fireworks or explosives, or other "FIREWORKS" substances dangerous to
human life shall not be used, kept or stored in a public hall or in the building in which the public
hall is located.
17.
(1)
The Fire Chief may permit smoking in a public hall or part thereof and "NO SMOKING"
signs shall be posted in the hall or portion thereof where smoking is prohibited.
(2)
In the hall or portion thereof where smoking is permitted substantial ash trays or stands
of non-combustible materials shall be placed so as to be of convenient access in such
number as may be required by the Fire Chief.
(3)
Smoking, matches, open flames, or any device producing an exposed spark or flame shall
not be used on any platform or stage in any public hall without the written permission
of the Fire Chief.
18.
(1)
Every public hall shall be kept clean and clear of rubbish.
(2)
Metal containers with self-closing metal covers shall be provided and conveniently
placed for the deposit of used paper towels and rubbish and the contents of every such
container shall be emptied and placed outside of the building immediately following the
use of the hall.
19.
(1)
Every year before using the heating equipment every public hall owner shall cause the
furnace or stove, the pipes therefrom and the chimney to be examined, cleaned and put
in a proper state of repair.
(2)
Every heating appliance placed in the auditorium of any public hall shall be protected
with sufficient guards and insulation. Its location shall not interfere with the flow of exit
travel, shall not be in any exit, and shall not be any closer than 8 feet measured
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horizontally of a doorway used as a required exit.
(3)
Every room containing a fuel-fired heating appliance or fuel-fired service water heater
in a building containing a public hall shall be separated from the remainder of the
building by a fire separation having a fire resistance rating in accordance with the
Building By-law of the Municipality. Any ducts passing through this enclosure shall be
equipped with self-closing fire dampers equal to the rating of the enclosure.
(4)
Every fuel-fired heating appliance that is installed in a public hall shall be contained in
an enclosure in accordance with subsection (3) except in a public hall located in a
building not more than two storeys in height including basement or cellar and having an
occupancy of less than 200 persons, with the written permission of the Fire Chief or
Building Inspector.
(a)
Two fuel-fired heating appliances of a type listed by a recognized testing
laboratory, or
(b)
Six sealed combustion system appliances of a type listed by a recognized testing
laboratory may be installed without being enclosed.
20.
(1)
Every public hall shall be equipped with a standpipe and hose system, installed in
accordance with and where required by the Building By-law of the Municipality.
Portable fire extinguishers must be supplied and maintained in accordance with the
Building By-law of the Municipality.
(2)
No combustible interior finishes such as combustible fibre tile or wallboard may be used.
Where these have been installed prior to the passing of this By-law, the combustible
finishes must be completely coated with a listed fire retardant paint, Underwriters
Laboratories of Canada Standard or Equivalent.
21.
(1)
It shall be the duty of the Fire Chief, the Chief of Police and the Building Inspector to
enforce this Schedule and to inspect every public hall in the Municipality from time to
time as required to ensure that the requirements of this Schedule are being fully met.
22.
(1)
No owner of a public hall shall use a public hall or any part thereof or permit a public
hall or any part thereof to be used for the purpose of conducting a bingo therein without
first obtaining from the Bingo Lottery Licensee a valid copy of the Bingo Lottery
Licence including the terms and conditions under which the Bingo Lottery Licence is
issued.
(2)
No owner of a public hall shall use a public hall or any part thereof or permit a public
hall or any part thereof to be used for the purpose of conducting a bingo therein
otherwise than in conformity with the terms and conditions under which the Bingo
Lottery Licence is issued.
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(3)
No owner of a public hall shall counsel a Bingo Lottery Licensee to use a public hall or
any part thereof for conducting a bingo otherwise than in conformity with the terms and
conditions under which the Bingo Lottery Licence is issued.
(4)
No owner of a public hall shall refuse to allow a public hall or any part thereof to be used
for the purpose of conducting a bingo therein on the grounds that a Bingo Lottery
Licensee has complied with or proposes to comply with the terms and conditions under
which the Bingo Lottery Licence is issued.
(5)
Council may revoke the licence of any owner of a public hall who contravenes any of
the provisions of this Section 21A.
23.
Where a public hall Licensee is convicted of an offence under this Schedule, the licence shall
be suspended forthwith by Council and shall not be reinstated until the Fire Chief and the Police
Chief certify, in writing, that the conditions resulting in its proposed operation comply with this
Schedule.
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REFRESHMENT VEHICLES
Schedule 24 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule "refreshment vehicle" shall include any vehicle (truck, cart, barbeque) from
which canteen services are provided, or from which sandwiches, confections, candies, red hots,
hot dogs, hamburgers, potato chips, french fried potatoes, soft drinks, popcorn, peanuts,
ice-cream, tea, coffee, cocoa or any other prepared foods, lunches or meals are sold for
consumption by the public.
2.
Every person who operates a motorized refreshment vehicle in the Municipality shall obtain
a licence and pay an annual licence fee in accordance with Schedule 1 to this By-law. A
separate licence and licence fee shall be required for each vehicle licensed as a motorized
refreshment vehicle if more than one such vehicle is operated by any one owner.
3.
Every person who operates a non-motorized refreshment vehicle in the Municipality shall obtain
a licence pay an annual licence fee in accordance with Schedule 1 to this By-law. A separate
licence and licence fee shall be required for each vehicle licensed as a non-motorized
refreshment vehicle if more than one such vehicle is operated by any one owner.
4.
An applicant for a licence shall file his application therefor with the Clerk and shall file
therewith the written permission of the owner of that property to the applicant for the use of the
property where he intends to operate his business, a clear photograph of the vehicle, approvals
from Medical Officer of Health, Fire Inspector, Building Department and Ministry of Energy
or suitable inspection authority for propane connections.
5.
Every applicant for a licence shall submit a site plan, showing proposed location of the vehicle
in relation to the property line, distance from buildings to the satisfaction of the Zoning
Administrator.
6.
This By-law shall not apply to the delivery vehicles operated in connection with a dairy
business, a grocery business, a bakery business, or a soft drink business, when used for the
delivery of their own products in the normal and usual state of such products, but a licence shall
be required if prepared foods, refreshments, lunches or meals are served from such vehicles.
7.
No person licensed under the provisions of this Schedule shall permit a refreshment vehicle to
be parked within 200 feet of an establishment having a restaurant licence from the Municipality,
and no person shall sell or deliver from a refreshment vehicle or solicit orders for food from a
refreshment vehicle within 200 feet from an establishment having a restaurant licence from the
Municipality.
8.
No person licensed under this Schedule shall carry on his business on property owned by the
Municipality unless participating in an event for which a Road Use Special Events Policy Permit
has been obtained from Council.
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9.
No person shall be issued a licence for a refreshment vehicle unless the person proposes to
operate the refreshment vehicle within the following zoning designations as provided for by
By-Law No. 79-200, as amended:
(1)
Neighbourhood Commercial (NC);
(2)
General Commercial (GC);
(3)
Planned Shopping Centre Commercial (SC);
(4)
Central Business Commercial (CB);
(5)
Tourist Commercial (TC);
(6)
Automobile Service Station & Gasoline Bar Zone (AS);
(7)
Prestige Industrial Zone (PI);
(8)
Light Industrial Zone (LI);
(9)
General Industrial Zone (GI);
(10)
Heavy Industrial Zone (HI);
(11)
Transportation Distribution Industrial Zone (TDI); or
(12)
Extractive Industrial Zone (EI).
10.
The Council may, by resolution, regulate the number of licences to be issued to operators or
refreshment vehicles from time to time as it considers expedient.
11.
Commercial cooking that produces grease laden vapours and smoke must be protected in
accordance with N.F.P.A. #96 (National Fire Protection Association) - "Standard for the
Removal of Grease Laden Vapours and Smoke from Commercial Cooking Equipment", as
required by the Ontario Building Code and Ontario Fire Code, and:
(1)
All new refreshment vehicles must comply with N.F.P.A. #96 - "Standard for the
Removal of Grease Laden Vapours and Smoke from Commercial Cooking Equipment"
before a licence is issued;
(2)
All existing refreshment vehicles must comply with N.F.P.A. #96 - "Standard for the
Removal of Grease Laden Vapours and Smoke from Commercial Cooking Equipment",
within three (3) years from the passage of this By-Law.
12.
Refreshment vehicles intending to be connected to the Municipality's electrical system shall be
inspected by Ontario Hydro, for compliance with the Electrical Safety Code, and shall provide
the Inspection Certificate from Ontario Hydro to the Clerk to be filed with the application for
licence.
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RESTAURANTS
Schedule 25 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule "eating establishment" shall mean any premises where food is offered for sale
or sold to the public for immediate consumption thereon, but does not include premises where
no food other than bottled drinks is offered for sale or sold.
2.
Every person who owns or operates an eating establishment where food is prepared and sold to
be eaten therein, or a place for the refreshment of the public shall obtain a licence and pay an
annual licence fee for each such premises so used in accordance with Schedule 1 to this By-law.
3.
Before a licence is issued in respect to the premises containing the business regulated under this
Schedule, the said premises shall be inspected and approved by the Medical Officer of Health,
and any such licence can be revoked if it is reported by Medical Officer of Health that premises
have become unsuitable for carrying on such business.
4.
Commercial cooking that produces grease laden vapours and smoke must be protected in
accordance with N.F.P.A. #96 (National Fire Protection Association) - "Standard for the
Removal of Grease Laden Vapours and Smoke from Commercial Cooking Equipment", as
required by the Ontario Building Code and Ontario Fire Code.
5.
No live animal, bird or other fowl, with the exception of a guide dog, shall be permitted in any
room where food is prepared, stored, displayed or served.
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SPECIFIC LOCATION DAILY SALES
Schedule 26 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule,
(1)
"specific location daily sales licence" shall mean a licence issued to every person who
proposes to sell goods, wares and merchandise from a specific location within the
Municipality on a specific day or for a limited number of days in the calendar year, and
such sales may be either direct or by way of a sample or catalogue for delivery later; and
(2)
"charity or service club" shall mean an organization which performs services of public
good or welfare without profit within the Municipality.
(3)
"Specific location daily sales license for temporary fireworks sales" shall mean a license
issued to every person who proposes to sell goods, wares and merchandise from a
specific location within the Municipality for a limited number of days in the calender
year for specific civic holidays as noted herein and shall comply with the specific clauses
2, 5, 6, and 8 to 13, inclusive, of this schedule.
2.
(1)
Every person, who proposes to conduct a daily sale in a specific location within the
Municipality and who can prove to the Clerk within 24 hours of a demand by any
Municipal Law Enforcement Officer or police officer that they have continuously resided
within the Municipality for at least one year prior to the demand, shall be required to
obtain a resident's specific location daily sales licence and pay a resident's licence fee in
accordance with Schedule 1 to this By-law.
(2)
Every person who is a non-resident and who proposes to conduct a daily sale in a
specific location within the Municipality, shall be required to obtain a non-resident's
specific location daily sales licence and pay a non-Resident's licence fee in accordance
with Schedule 1 to this By-law.
(3)
A charity or service club which holds, organizes or conducts a special sale for charitable
purposes, may be permitted to obtain a charity or service club licence and pay a licence
fee of $325.00 for the first 3 days and $50.00 for each additional day up to a maximum
of $575.00 provided that it provide to the Clerk its Charitable Registration Number or
proof in the form of a statement under oath, which shows the return of funds to the
benefit of the inhabitants of the Municipality within the previous year.
3.
No person is required to obtain a licence for specific location daily sales in accordance with the
following:
(1)
by persons or their agents or employees who are wholesale or retail dealers in similar
goods, wares or merchandise, and who operate in the Municipality; or
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(2)
by persons who propose to conduct a daily sale in a specific location in the Municipality,
who can prove to the Clerk within 24 hours of a demand by any Municipal Law
Enforcement Officer or police officer that they have continuously resided within the
Municipality for at least one year prior to the demand, and who can prove to the Clerk
within 24 hours of a demand that they are selling for a charitable or non-profit purpose.
4.
Notwithstanding section 3, every person not requiring a licence pursuant to section 3 is required
to comply with this Schedule, as amended, and shall be required to obtain an identification card
from the Clerk and shall carry such identification card on his person when engaged in selling
goods, wares and merchandise.
5.
Every person applying for a licence or required to obtain an identification card under this
Schedule and who intends to carry on business on lands not owned by the Municipality or by
the person shall provide to the Clerk a copy of the written permission from the owner of the
lands, stating the municipal address of the lands upon which the person has been granted the
right to use said lands and the days on which the person is permitted to use the said lands for
carrying on business.
6.
No more than three persons shall be issued a specific location daily sales licence or an
identification card for a specific location, and no person shall be issued a specific location daily
sales licence or an identification card within 200 metres of any business specializing, by a
majority of its stock, in the selling of goods, wares, and merchandise similar to that of the
proposed specific location daily sales Licence or the identification card.
7.
No person required to be licensed or required to obtain an identification card under this Schedule
shall carry on business on lands owned by the Municipality unless the person is participating in
an event for which the Municipality has issued a "Road Use Special Events Policy Permit."
8.
Every person required to be licensed or required to obtain an identification card under this
Schedule shall at all times while carrying on his business have the licence or identification card
with him and shall upon demand, exhibit it to any Municipal Law Enforcement Officer or police
officer, and if the person fails to do so is guilty of an offence, unless the same is accounted for
satisfactorily.
9.
Every person required to be licensed or required to obtain an identification card under this
Schedule shall at all times, while carrying on his business, have the written permission from the
owner of the lands as required above with him, and shall, upon demand, exhibit it to any
Municipal Law Enforcement Officer or police officer, and if the person fails to do so is guilty
of an offence, unless the same is accounted for satisfactorily.
10.
Every person, who is an agent or employee of a person required to be licensed or required to
obtain an identification card under this Schedule, shall exhibit his licence or identification card
when required to do so by any Municipal Law Enforcement Officer or police officer.
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11.
If a Municipal Law Enforcement Officer demands production of licence or identification card by
any person to whom this Schedule applies, and the demand is not complied with, it is the duty of the
Officer to issue a Part I under the Provincial Offences Act.
12.
In a prosecution for a breach of this Schedule, the onus of proving that a licence is not required by
any person charged for a reason mentioned in section 3 is upon that person.
13.
"The specific location daily sales license for temporary fireworks sales" shall be available for only
the four days immediately before the Victoria Day and the Canada Day civic holidays; and provided
there is compliance with the following:
(1)
All sales of fireworks shall occur after 9:00 a.m., but before 9:00 p.m.
(2)
Every person prior to having issued to them a "specific location daily sales license for
temporary fireworks sales" shall under this Schedule, provide proof of being in possession
of a policy of comprehensive public liability insurance, on an occurrence basis against
claims for personal or bodily injury, death, property damage or other claim; in the amount
of a least $5,000,000 naming the Corporation of the City of Niagara Falls as an additional
insured but only with respect to its interest in the operations of the named insured. Such
policy shall be in force for the time period for which the licensed is in force.
(3)
Every applicant for a licence shall submit a site plan, showing the proposed location of the
sales and storage of the fireworks in relation to the property line, existing buildings and
parking spaces.
(4)
Prior to the issuance of a "specific location daily sales license for temporary fireworks sales"
approvals shall be obtained from the Niagara Falls Fire Department.
(5)
No such site shall be the subject of an application for "specific location daily sales for
temporary fireworks sales" unless the site is within an Industrial zone, in accordance to the
City's Comprehensive By-law or within a General Commercial or Tourist Commercial zone,
in accordance to the City's Comprehensive By-law and such sales area shall be located on
the site in accordance to the minimum yard requirements of the Zoning By-law and shall not
cause to eliminate required parking spaces for the use(s) presently being conducted on the
site.
(6)
Notwithstanding the provisions of the Zoning By-law, the sales areas and storage facilities
may or may not involve a tent or a vehicle subject to the regulations / requirements of the
City's Fire Department and Building & Inspections Division.
(7)
Storage procedures, transportation and handling of fireworks must adhere to the regulations
dictated by the Explosives Regulatory Division, a branch of Natural Resources Canada.
(8)
Council may, by resolution, regulate the number of licenses to be issued to such vendors
from time to time as it considers expedient.
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TATTOO AND BODY PIERCING PARLOURS
Schedule 27 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule,
(1)
"body piercing parlour" means a business or premises where parts of a body are
punctured by a sharp-pointed instrument for the purpose of making a hole or opening
through which an item may be attached to the body, but shall not include a premises
which is operated solely for the purpose of piercing earlobes; and
(2)
"tattoo parlour" means a business or premises where the skin of any individual is marked
by puncturing it and inserting a pigment or pigments to make permanent marks or
designs.
2.
Every person who operates a tattoo and/or body piercing parlour shall obtain a licence and pay
an annual licence in accordance with Schedule 1 to this By-law.
3.
No person shall provide tattoo or piercing services to any person who is know or suspected of
suffering from a contagious disease.
4.
Prior to the issuance of a licence, all premises used as a tattoo and/or body piercing parlour must
be inspected and approved by the Medical Officer of Health or Public Health Inspector, and be
in compliance with the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, or successor
legislation.
5.
There shall be displayed in each parlour so licensed a current certificate certifying that the
premises have been duly inspected and is a properly licensed parlour according to this Schedule.
6.
Every tattoo and/or body piercing parlour shall be open for inspection at all times in every part
thereof by the Medical Officer of Health or any other Officer of the Municipality so designated.
7.
Licensees shall comply at all times with the Ministry of Health Infection Control in Personal
Services Settings Protocol, as amended from time to time.
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THEATRES
Schedule 28 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
Every person who operates a theatre shall obtain a licence and pay an annual licence in
accordance with Schedule 1 to this By-law.
2.
No licence shall be issued under this Schedule unless the theatre to be licensed has been issued
a licence under The Theatres Act.
3.
Every person who obtains a licence under this Schedule shall at all times adhere to the
provisions of The Theatres Act, and regulations made thereunder.
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THERAPEUTIC MASSAGE
Schedule 29 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule:
(1)
"therapeutic massage operator" means a person who is licensed or is required to be
licensed under this By-law to carry on the business of providing therapeutic massages;
(2)
"massagist" means a Registered Massagist Therapist, registered under the Drugless
Practitioners Act, the Massage Therapy Act, 1991, or any other related Act recognized
by the Province of Ontario; and
(3)
"employed" includes any business relationship between and operator and instructor,
whether on a salary, hourly wage, commission or independent contractor basis, and the
terms "employee" and "employment" have a corresponding meaning.
2.
The Clerk of the Municipality may issue the following types of licences in connection with the
provision of therapeutic massage to the public:
(1)
a therapeutic massage operator's licence; and
(2)
a massagist's licence.
3.
An applicant, if qualified under the provisions of this By-law, may be issued one or more of the
said licences according to his qualifications.
4.
The holder of one type of licence under section 2 of this Schedule shall not carry on the trade
or business for which the other type of licence is required unless he holds such other type of
licence under section 2.
5.
Every person who carries on the business of a therapeutic massage operator shall obtain a
licence and pay an annual licence fee in accordance with Schedule 1 to this By-law, and shall
display in a prominent place on the premises a copy of the licence issued by the Municipality.
6.
Every person who carries on the occupation of a massagist shall obtain a licence and pay an
annual licence fee in accordance with Schedule 1 to this By-law.
7.
Every applicant for a licence to act as a therapeutic massage operator and/or massagist shall
submit with his application two photographs of himself, one of which photographs shall be
attached to the licence and the other shall be filed with the Clerk. Upon application for renewal
of any licence, the applicant shall furnish new photographs if required so to do by the Clerk.
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8.
No person operating a therapeutic massage establishment shall employ any person other than
a massagist licensed under the provisions of this By-law to act as a massagist in such
establishment.
9.
Every operator of a massagist establishment shall, during the term of employment of any
massagist, retain such massagist's licence in his possession, and shall display in a prominent
place on the premises a copy of the massagist's licence issued by the Municipality.
10.
Every therapeutic massage operator and massagist shall include, or have included, his name and
business address in every advertisement of his massage business.
11.
All premises used for the provision of therapeutic massage must be inspected and approved by
the Medical Officer of Health or Public Health Inspector and be in compliance with the Health
Protection and Promotion Act, R.S.O. 1990, c. H.7, or successor legislation.
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TOURIST HOMES, BED & BREAKFASTS
Schedule 30 to By-law No. 2001-31
Authority: Municipal Act, R.S.O. 1990, c. M.45, as amended
1.
In this Schedule, a "lodging house" means a house known as a tourist home or a bed and
breakfast which is primarily intended to be used, or is used, as a dwelling catering to the
travelling public, but shall not include a hotel, motel, private hospital, nursing home, or a tourist
establishment having five or more rental units.
2.
Every person who operates a lodging house shall obtain a licence and pay an annual licence fee
in accordance with Schedule 1 to this By-law.
3.
In making application for a licence, the full name and address of the proprietor of the proposed
lodging house, the name and address of the owner of the premises, the location, number of
rooms, and portion of the building or buildings intended to be used as a lodging house shall be
stated thereon.
4.
Prior to the issuance of a licence, all premises used as a lodging house must be inspected and
approved by the Medical Officer of Health or Public Health Inspector and be in compliance with
the Health Protection and Promotion Act, R.S.O. 1990, c. H.7, or successor legislation.
5.
There shall be displayed in each room so licensed a current certificate certifying that the room
has been duly inspected and is a properly licensed room according to this Schedule.
6.
There shall be displayed in a prominent and easily accessible spot in the office or hall of such
licensed premises a list, either printed or clearly written in ink, stating thereon the fee to be
charged for each licensed room, and there shall be displayed also in a prominent place in each
licensed room a notice as to the fee to be charged and the check-out time for such licensed room.
7.
No beds or bunks shall be placed one above another, and no one shall be permitted to sleep,
lodge or dwell in a cellar or basement.
8.
All mattresses shall be so arranged as to be at all times easily inspected. All beds, bed clothing,
mattresses and pillows shall be kept clean at all times and free from vermin. Clean sheets and
clean pillow cases shall be furnished for each bed and shall be changed as often as necessary
to keep the same clean or as may be required by the Medical Officer of Health.
9.
An adequate supply of clean towels and hot and cold water shall be provided for the lodgers free
of charge. In each lodging house shall be provided one water closet for every seven persons, and
all such water closets, wash basins and baths shall at all times be kept thoroughly clean and in
good repair. Every lodging house shall be provided with a sufficient number of garbage pails
to take care of all garbage and refuse.
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10.
Every lodging house shall provide a register in which all lodgers shall be registered and such
register shall specify the date of entry of such lodger, the period of stay and the home address
of such lodger, and such register shall be open for inspection by any Officer of the Municipality.
11.
Every lodging house shall be open for inspection at all times in every part thereof by the Medical
Officer of Health or any other Officer of the Municipality so designated.
12.
No person shall erect or continue the erection or use of any sign, sign post, hanging or swinging
sign or any other advertising device or post any notice on a building or vacant lot of the
Municipality purporting to advertise a lodging house, or prices charged for accommodation
therein, unless the proprietor of the lodging house purported to be advertised has received a
permit from the Municipality allowing him to do so.
13.
Any person wishing to convert an existing building for use as a lodging house shall contact the
Municipality's Building Division regarding requirements for a Change in Use Permit and/or
Building Permit in accordance with the Ontario Building Code.
14.
All lodging houses in existence at the passage of this By-Law shall be subject to the
requirements of the Ontario Fire Code or the policies of the Niagara Falls Fire Department
respecting Lodging Houses.
15.
All lodging houses in rural areas must comply with the Environmental Protection Act as it
relates to waste disposal and water supply enforced by the Minister of Health or Regional
Health Inspector.
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TRANSIENT TRADERS
Schedule 31 to By-law No. 2001-31
REPEALED BY
BY-LAW 2001-67