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By-law 108-98
of The Corporation of the City of Oshawa
being a by-law to regulate and control the temporary closure or occupancy of HIGHWAYS in
the City of Oshawa for purposes of holding SPECIAL EVENTS.
IT IS HEREBY ENACTED as a by-law of The Corporation of the City of Oshawa, by its
COUNCIL, as follows:
Article 1.00 - Interpretation
1.01 Definitions:
Wherever a term appears in this By-law in capital letters, it is intended to have
the meaning ascribed to it in this section. Wherever a word appears in regular
case it is intended to have the meaning ordinarily attributed to it in the English
language.
(a) "APPLICANT' means a PERSON that has submitted an application for a
SPECIAL EVENT permit.
(b) "BUSINESS DAY" means a day that is not a Saturday, a Sunday or a
Statutory Holiday recognized and observed by the CITY through closure of
its business activities.
(c) "CITY" means The Corporation of the City of Oshawa, a municipal
corporation duly recognized in law. Where the context allows, the term is
intended to also include its duly authorized employees.
(d) "COMMISSIONER" means the Commissioner of the Department of Public
Works Services of the CITY, or his or her designate.
(e) "COUNCIL" means the elected council of the CITY.
(f)
"HIGHWAY" means a common and public highway, street, avenue,
parkway, driveway, or any part thereof, which is intended for or used by the
general public for the passage of vehicles and includes the area between
the lateral property lines.
(g) "LICENSEE" refers to the PERSON that has been issued a permit for a
SPECIAL EVENT.
(h) "NON-PROFIT SPECIAL EVENT" refers to any SPECIAL EVENT where
the main purpose is to sponsor or promote a non-profit, charitable or
religious organization and where the majority of proceeds, if any, are
contributed to the registered non-profit, charitable or religious organization.
It also includes any SPECIAL EVENT which the CITY determines to be a
NON-PROFIT SPECIAL EVENT for the benefit of the community.
(i)
"PERSON" includes an individual, a body corporate, and a natural person.
(j)
"SPECIAL EVENT" includes the following types of activities: parades, walk-
a-thons, bike a-thons, marathons, sidewalk cafes, sidewalk sales, and
dances.
(k) "TRAFFIC CONTROL MEASURE" means any requirement of the
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COMMISSIONER for traffic control in connection with an individual
SPECIAL EVENT including, without limitation: signage (informational or
regulatory); traffic channelization; public notice; etc.
1.02 Gender Plurals:
In this by-law, unless the contrary intention is indicated, words used in the singular shall include
the plural, and words used in the male gender shall include the female gender, and vice versa.
1.03 Severability:
In the event any provisions of this by-law are deemed invalid or void, in whole or in part, by any
court or tribunal of competent jurisdiction, the remaining terms and provisions shall remain in
full force and effect.
1.04 Legislation:
Reference to legislation within this by-law, including municipal by-laws, is deemed to include
that legislation, as amended, including successor legislation.
Article 2.00 -Application
2.01 Permit Required:
No PERSON shall use any HIGHWAY under the jurisdiction and control of the CITY in order
to hold a SPECIAL EVENT without first obtaining an approved SPECIAL EVENT permit. Failure
to obtain a permit constitutes an offence.
2.02 Compliance with Conditions:
No PERSON shall conduct a SPECIAL EVENT except in accordance with the conditions of the
SPECIAL EVENT permit imposed under Article 3.00 of this by-law. Failure to comply with the
conditions constitutes an offence.
2.03 Applications:
Applications for a SPECIAL EVENT permit must be completed and submitted to the CITY at
least ten (10) BUSINESS DAYS in advance of the SPECIAL EVENT, together with a sketch or
diagram of the proposed route and/or location(s) of the SPECIAL EVENT. All APPLICANTS
shall indicate the nature of the SPECIAL EVENT requiring HIGHWAY occupancy or closure,
and the intended starting date and duration.
2.04 Permit Name:
An application for a SPECIAL EVENT permit shall be made in the name of the PERSON on
whose behalf the SPECIAL EVENT is being held and not in the name of any agent for that
PERSON.
2.05 Permit to be Kept on Site:
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The SPECIAL EVENT permit shall remain at all times in the possession of the LICENSEE and
on site during the course of a SPECIAL EVENT. Where the LICENSEE is a corporation,
partnership or association, the SPECIAL EVENT permit shall remain at all times in the
possession of a partner or principal officer, whichever the case may be. Failure to abide by
this requirement constitutes an offence.
2.06 Notices:
The CITY, on behalf of the APPLICANT, may notify the Durham Regional Police Service, Fire
Services Branch, Emergency Health Services and any affected agency or company operating
a public transportation or school bus service of the scheduled commencement and termination
of the SPECIAL EVENT requiring HIGHWAY occupancy or closure. If notification of the general
public is necessary, the CITY may, in its sole discretion, arrange for advertisements in the news
media at the APPLICANT's expense.
2.07 Revocation:
A SPECIAL EVENT permit is a privilege. In addition to any other activities or remedies it may
pursue, the COMMISSIONER may revoke a LICENSEE's SPECIAL EVENT PERMIT in the
event of the contravention of any section of this by-law. For clarity, the COMMISSIONER need
not obtain a conviction for commission of an offence prior to revoking the permit.
2.08 Refusal:
The COMMISSIONER may refuse to issue a permit to any PERSON who has been convicted
of an offence pursuant to this by-law, or who is affiliated with any PERSON who has been so
convicted.
Article 3.00 - Approvals and Consents
3.01 Delegation:
The COMMISSIONER has authority to approve all applications where the terms and conditions
imposed by this by-law are met.
3.02 Other Agencies:
The APPLICANT, as required by the COMMISSIONER, shall obtain the approval of any or all
of the following departments and/or agencies that may be affected by the holding of a SPECIAL
EVENT and comply with any conditions that may be imposed by those agencies:
(a)
Durham Regional Police Service;
(b)
Regional Municipality of Durham, Works Department, Traffic Division;
(c)
any other agency directly affected by a SPECIAL EVENT.
3.03 Consents:
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Where required by the COMMISSIONER, APPLICANTs shall obtain the written consent of the
majority of property owners or occupants affected by any proposed SPECIAL EVENT requiring
HIGHWAY closure. The COMMISSIONER shall determine the geographic area affected for the
purpose of this section.
3.04 Refuse Collection:
In the event that refuse collection will be interrupted as a result of a SPECIAL EVENT, the
APPLICANT will be responsible for making alternative arrangements which are satisfactory to
both the CITY and the affected property occupants.
3.05 Conditions:
The COMMISSIONER may impose specific conditions of approval to be determined on an
event to-event or site specific basis, including the following:
(a)
removal of amenities, litter and debris from SPECIAL EVENT site and continued
maintenance of the site in a clean and sanitary condition;
(b)
extent of Sidewalk/boulevard occupancy where no road closure;
(c)
noise control restrictions;
(d)
non-obstruction of parking meters;
(e)
possession of a CITY business licence in good standing;
(f)
expiry date of SPECIAL EVENT permit;
(g)
granting of access to COMMISSIONER for purposes of installation, maintenance
and/or repair in respect of SPECIAL EVENT site:
(h)
specific time restrictions;
(i)
public liability insurance in an amount and form satisfactory to the CITY's
Treasury and Finance Services Division of the Department of Corporate
Services;
(j)
indemnification in favour of the CITY from any action, claim, damage or loss
arising in connection with the holding of the SPECIAL EVENT; and
(k)
payment of all TRAFFIC CONTROL MEASURE costs pursuant to Article 5.00 of
this by-law
Article 4.00 - Permit Fees
4.01 Fees:
The fees for obtaining a SPECIAL EVENT permit shall be as set out in By-law 112-97. Such
Permit fees must be paid at the time of submission of a SPECIAL EVENT application.
4.02 Exception:
Notwithstanding section 4.01, the PERSON organizing a NON-PROFIT SPECIAL EVENT shall
not be charged a permit fee.
Article 5.00 - Assessment of TRAFFIC CONTROL MEASURE Costs
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5.01 Compensation for loss of Meter Revenue:
Where a SPECIAL EVENT requires parking meters to be reserved, the LICENSEE must
reimburse the CITY for all revenue lost during the period the parking meters are out of service,
based upon the prevailing hourly rate for all of the hours that the meter would otherwise have
been in service, plus any additional administrative costs incurred by the CITY.
5.02 Other Costs:
The COMMISSIONER shall prepare and provide to the LICENSEE an estimate of all TRAFFIC
CONTROL MEASURE costs incurred by the CITY in connection with a SPECIAL EVENT.
5.03 Payment:
The LICENSEE shall reimburse the CITY for all TRAFFIC CONTROL MEASURE costs
incurred by the CITY.
5.04 Damages:
Costs for the repair or replacement of any damage to CITY property or structures on it shall be
the sole responsibility of the LICENSEE.
5.05 Exemption From TRAFFIC CONTROL MEASURE Costs:
PERSONS who organize NON-PROFIT SPECIAL EVENTS are exempt from the TRAFFIC
CONTROL MEASURE costs associated with those SPECIAL EVENTS, but are not exempt
from Sections 5.04 or 6.03.
Article 6.00- General Requirements
6.01 Provincial Requirements:
All vehicles and floats forming a parade must comply with the maximum height restrictions
prescribed in the Highway Traffic Act. If a vehicle and float exceed the maximum width
restrictions prescribed in the Highway Traffic Act, they may travel to and from the parade
location without the need for a municipal moving permit, provided they are escorted by the
Durham Regional Police.
6.02 Pedestrians:
Participants of a walk-a-then or footrace are regarded as pedestrians and are, therefore,
required to obey the rules of the road. Sidewalks are to be used where available, and if none
exist, then participants are required to use the boulevard facing oncoming traffic. In addition,
the participants are not to impede or inconvenience any other pedestrians in their use of the
sidewalks.
6.03 Damages:
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The LICENSEE must repair damage to any HIGHWAY or structures on it which occurs during
a SPECIAL EVENT. The HIGHWAY must be restored to the same condition that existed prior
to the SPECIAL EVENT. This includes, without limitation, a responsibility to remove all litter.
Should the LICENSEE fail to discharge its responsibilities in this regard, the CITY will undertake
the required clean-up. All associated costs will be the LICENSEE's responsibility.
Article 7.00 - Penalties
7.01 Offence:
Any PERSON who contravenes this by-law is guilty of an offence and, upon conviction, is liable
to the penalties provided for in the Provincial Offences Act.
Article 8.00 - Repeal of By-law
8.01 By-law 59-86 is repealed.
By-law read a first time this 19th day of October, 1998
By-law read a second time this 19th day of October, 1998
By-law read a third time and finally passed this 19th day of October, 1998
MAYOR