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OFFICE CONSOLIDATION
BUSINESS LICENSING BY-LAW
BY-LAW NUMBER 1887/84
Passed by Council on July 30, 1984
Amendments:
By-law
Date Passed
Section Amended
By-law 4563/95
February 6, 1995
Section 11
By-law 5567/99
October 18, 1999
Sections 24 & 25
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 1887/84
Being a by-law to licence and regulate
certain classes of businesses in the Town
of Pickering
Whereas pursuant to section 228.1 of the Municipal Act, R.S.O. 1980, c. 302, as
amended, by-laws may be passed by the councils of towns for licensing, regulating and
governing salvage yards and for revoking any such licence; and
Whereas pursuant to section 210.65 of the said Act, by-laws may be passed by the
councils of local municipalities for establishing, maintaining and operating markets and
for regulating such markets and any other markets located within the municipality; and
Whereas pursuant to section 2.1 of the Public Halls Act, R.S.O. 1980, c. 408, no public
hall shall be offered for use or used as a place of public assembly unless the owner
thereof holds a licence therefore from the city, town, village or township in which it is
located;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
In this by-law:
a)
"access road" shall mean road that leads from a public road to an
automobile wrecking yard;
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b)
"automobile wrecking yard" shall mean a place at which:
(i)
used motor vehicle parts from more than three motor vehicles are
stored or kept, or
(ii)
more than three derelict automobiles are kept outside a building;
c)
"Council" shall mean the Council of the Corporation of the Town of
Pickering;
d)
"derelict automobile" shall mean a motor vehicle that is inoperable and
does not have a current motor vehicle permit attached thereto;
e)
"market" shall mean the area in which ten or more vendors have
temporarily congregated for the purpose of individually exposing articles,
foodstuffs or fruits and vegetables for sale;
f)
"licence" shall mean a licence issued by the Town under the provisions of
this by-law;
g)
"officer" shall mean a Municipal Law Enforcement Officer appointed by
Council;
h)
"on site road" shall mean a road for the movement of vehicles and
equipment within an automobile wrecking yard;
i)
"public hall" shall mean a building, including a portable building or tent
with a seating capacity for over 100 persons 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;
j)
"Town" shall mean the Town of Pickering.
PART I - AUTOMOBILE WRECKING YARD
2.
Part I of this by-law does not apply to land which is a waste disposal site which
has a certificate of approval for such purposes pursuant to The Environmental
Protection Act, R.S.O. 1980, c. 141, as amended, or regulations thereunder.
3.
Every person who establishes, operates or maintains an automobile wrecking yard
shall, prior to establishing same, obtain a licence to do so from the Town and shall
renew such licence annually so long as he continues to operate or maintain the
automobile wrecking yard.
4.
1)
Upon application on the prescribed form for a licence for an automobile
wrecking yard or the renewal thereof, a licence or renewal thereof may be
issued:
a)
on payment of a fee of $20.00; and
b)
unless the application is for a renewal licence, on submission of
acceptable plans or drawings showing the location and layout of
the automobile wrecking yard.
5.
No licence or renewal thereof shall be issued unless the automobile
wrecking yard complies with the following regulations:
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1)
the applicable restricted area by-law of the Town permits an
automobile wrecking yard use on the lands on which the
automobile wrecking yard is or shall be located;
2)
public access to the automobile wrecking yard shall be limited to
such times as an attendant is on duty;
3)
the automobile wrecking yard shall not be located on land covered
by water or subject to flooding and shall be so located that no
direct drainage leads to a watercourse;
4)
the automobile wrecking yard shall be so located as to reduce to a
minimum inconvenience due to dust, noise and traffic;
5)
the automobile wrecking yard shall be so located and operated as
to reduce to a minimum the hazards to health or safety of persons
or property including hazards from fire and vermin;
6)
no open burning shall be permitted;
7)
all operations at the automobile wrecking yard shall be conducted
in an orderly fashion under the supervision of a competent person
as defined in paragraph 2 of section 1 of the Occupational Health
and Safety Act, R.S.O. 1980, c. 321 as amended;
8)
scavenging of derelict automobile or used automobile parts by
persons not under the supervision required in subsection 7 of this
section shall not be permitted;
9)
the automobile wrecking yard shall be enclosed by a fence,
originally constructed and kept repaired and painted and
maintained to present a neat and tidy appearance, of sufficient
height and construction so that none of the goods stored on the
premises shall be visible to a person two meters tall standing on the
crown of the nearest roadway and distant thirty metres from the
nearest lot line, provided that in no event shall the said fence be
less than two metres in height;
10)
all fluids shall be drained from derelict automobiles before they are
processed and all fluids or other wastes disposed of in accordance
with the Environmental Protection Act, if they are not safely stored
for purposes of resale; and
11) all specifications of location or operation of the automobile
wrecking yard submitted with the application for a licence with
such amendments as may be necessary to comply with the other
regulations shall be complied with at all times.
6.
A licence may be revoked if any of the regulations set forth in section 5 of this
by-law are not adhered to at any time.
7.
A licence may be refused:
1)
If a licence for an automobile wrecking yard, at the same location or
operated by the same person as the proposed automobile wrecking yard, as
previously been revoked under section 6 of this by-law; or
2)
If there are reasonable grounds for believing that the automobile wrecking
yard will not be established or operated in accordance with any provision
of this section or any other applicable law provided the applicant is give
written notice of the grounds.
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8.
Where a person establishes, operates or maintains an unlicensed automobile
wrecking yard, that person shall, on receiving written notice to do so, remove,
within the time limit specified in the notice, all derelict automobiles and used
automobile parts from the site to a place where they may be legally kept or
disposed of.
PART II - MARKETS
9.
Part II of this by-law does not apply to an occasional market organized for
charitable or patriotic purposes provided that the organizers of such an occasional
market shall receive the prior approval of an Officer.
10.
Every person who establishes, operates or maintains a market shall prior to
establishing, operating or maintaining same, obtain licence to do so from the
Town.
11.
Upon application on the prescribed form for a licence for a market or proposed
market, a licence may be issued on payment of a fee of,
1)
$200.00 per operating day where the market is comprised of less than 100
stalls,
2)
$1,000.00 per operating day where the market is comprised of 100 or more
stalls,
3)
For the purpose of this section, the word "stall" shall mean an area within
a market from which a person is selling a product or service.
12.
No licence shall be issued unless the market complies with the following
regulations:
1)
the applicable restricted area by-law of the Town permits a market use on
the lands on which the market is or shall be located;
2)
the market is maintained in a sanitary condition;
3)
the lands upon which the market is held or is to be held and all lands
within 500 metres of the lands upon which the market is held or is to be
held, is cleared of all debris before 12 o'clock midnight of the day upon
which the market is licensed to operate;
4)
the market is maintained in a manner to guarantee the safe and
uninterrupted ingress and egress of the public;
5)
the market shall be operated from within a building unless the person
operating the market has received the prior approval by resolution of the
Council to operate the market outdoors.
13.
A licence may be revoked if any of the regulations set forth in section 12 of this
by-law are not adhered to at any time.
14.
A licence may be refused:
1)
If a licence for a market, at the same location or operated by the same
person as the proposed market, has previously been revoked under section
13 of this by-law; and
2)
if there are reasonable grounds for believing that the flea market will not
be established or operated in accordance with any provision of this section
or any other applicable law provided that the applicant is given written
notice of the grounds.
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Where a person establishes, operates or maintains an unlicensed market, the
person shall, on receiving written notice to do so, remove, within the time limit
specified in the notice, all goods, wares, merchandise or any other articles or
foodstuffs and fruits and vegetables put up for sale from the site to a place where
they may be legally kept or disposed of.
PART III - PUBLIC HALLS
16.
Every person who owns a public hall shall, prior to establishing, operating and
maintaining same, obtain a licence to do so from the Town and shall renew such
licence annually so long as he continues to operate or maintain the public hall.
17.
Upon application on the prescribed form for a licence for a public hall or the
renewal thereof, a licence or renewal thereof may be issued on payment of a fee
of $10.00
18.
No licence shall be issued unless the applicable restricted area by-law of the
Town permits a public hall on the lands on which the public hall is or shall be
located.
PART IV - GENERAL
19.
The Town Clerk is hereby authorized to issue any licences issuable pursuant to
this section of behalf of the Council.
20.
1)
A licence issued pursuant to Parts I and III is personal, shall not be
transferable and is valid for the calendar year in which it is issued.
2)
A licence issued pursuant to Part II is personal, shall not be transferable
and is valid on the day or days for which it is issued.
21.
The holder of a licence shall prominently display the said licence on the lands or
premises, as the case may be, for perusal of the public.
22.
The holder of a licence shall make his lands or premises, as the case may be,
available for inspection at any reasonable time by an Officer.
23.
Council may revoke any licence issued pursuant to this by-law, but before
revoking any licence, the holder thereof shall be given at least (7) days notice by
registered mail or personal service to his address shown on the most recent
application for a licence or renewal thereof, and the licence holder shall be
permitted either by himself or his representative to appear before Council to show
cause why he believes such licence should not be revoked.
PART V - PENALTIES
24.
Every person who contravenes any provisions of this By-law is guilty of an
offence and liable upon conviction to a penalty provided for under the Provincial
Offences Act, as amended.
PART VI - REPEAL OF BY-LAWS
25.
By-laws 1073/79 and 1492/82 are hereby repealed.
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PART VII - EFFECTIVE DATE
26.
This by-law shall take effect on January 1, 1985.
By-law read a first, second and third time and finally passed this 30th day of July, 1984.
(signed) John E. Anderson
Mayor
(signed) Bruce Taylor
Clerk