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THE CORPORATION OF THE CITY OF PORT COLBORNE
BY-LAW NO. 4322/158/02
A BY-LAW FOR LICENSING AND REGULATING THE
OWNERS AND OPERA TORS OF PUBLIC GARAGES
WHEREAS Subsection 257.2(1) of the Municipal Act, R.S.O. 1990, c. M.45, provides
that Subject to the Theatres Act and the Retail Business Holidays Act, the council of a local
municipality may pass by-laws for licensing, regulating and governing any business carried
on within the municipality;
AND WHEREAS the Council of the Corporation of the City of Port Colborne is
desirous of licensing and regulating the owners and operators of public garages;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PORT
COLBORNE ENACTS AS FOLLOWS:
1.
In this by-law,
(a)
"Public garage" means a building or place used as a motor vehicle repair
shop including a building or place 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 includes a parking station or
parking lot or building or place where motor vehicles are hired or kept or used
for hire or where such vehicles are stored or kept for sale.
(b)
"Corporation" means the municipal Corporation of the City of Port Colborne.
(c)
"Clerk" means the Clerk of the Corporation of the City of Port Colborne.
(d)
"Municipal Law Enforcement Officer" means a person appointed by by-law by
the Council of the Corporation of the City of Port Col borne to enforce the by-
laws of the Corporation . .
2.
No person shall within the corporate limits of the City of Port Colborne:
(a)
own or operate a public garage unless or until he shall procure a license so to
do and every person so licensed or required to be licensed shall be subject to
the provisions of this by-law.
3.
The Municipal Law Enforcement Officer shall carry out and enforce the provisions of
this by-law.
4.
An application for a license hereunder shall be made in writing upon the form
provided by the Clerk or his/her designate and shall be filed with the Clerk.
5.
Upon receipt of the application, the Clerk shall refer the same ·to the City of Port
Colborne Fire Department, the Building & By-law Division, the Planning and
Development Services Division and the Regional Niagara Public Health Department
to be followed by a written submission by each investigating agency to the Clerk,
approving or disapproving the issue of the licence, in the latter case with reasons
therefor.
6.
The City Clerk shall prepare a report on all applications so submitted and report
staffs recommendations concerning the same to Council provided, however, that
before making such report, the Clerk may require the applicant to file with the
application the following:
(a)
A plot plan of those lands and premises showing all structures and buildings
erected thereon;
By-law No. 4322/158/02
Page 2 of 4
(b)
copy of the Certificate of Approval from the Technical Standards and Safety
Authority, Ministry of the Consumer and Business Services or successor
thereof;
(c)
plans of fencing of the storage area;
(d)
written confirmation that the use is permitted under zoning by-law 1150/97/81 ,
as amended or has a legal non conforming status.
7.
Upon an application for a license being approved by the Council the Clerk shall, upon
payment of the proper license fee as prescribed by this by-law, issue a license in
accordance with such approval.
8.
Application for renewal of licenses issued under this by-law shall be made to the
Clerk upon the form provided by him for that purpose and subject to there being no
change in circumstances from the original application, as verified on an inspection by
the Municipal Law Enforcement Officer, the Clerk shall, upon payment of the proper
fee as herein prescribed, issue a renewal of such license. Renewal of licenses must
be obtained on or before February 28th of each year.
9.
The license fees payable for licenses, renewals and transfers of licenses issued
under this by-law shall be as set forth in Schedule "A" attached hereto or as may be
amended from time to time, and no license shall be issued unless and until the proper
fee is paid. The license shall remain in force from the date of issue until the thirty-first
day of December next succeeding and no longer.
10.
The Council may revoke a licence issued under this by-law for breach of any
condition of this by-law. Where any such licence is revoked the licensee shall be
entitled to a refund of a part of the licence fee proportionate to the unexpired part of
the term for which it was granted.
11 .
The issuance of a new licens,e any time between the first day of January and the first
day of July in any year, the full license fee shall be payable therefore; and if the
license is authorized at any time between the first day of July and the thirty-first day
of December in any year. one-half of the full license fee shall be payable therefor.
12.
All licenses issued under this by-law shall be in the form provided for that purpose,
and shall be signed by the Clerk.
13.
The Clerk shall keep a License Register containing the names of every person
licensed, the place or premjses oc~upied under such license, the number and date
of issue of such license, the amount paid therefor, and other particulars or remarks
pertaining or necessary to the same.
14.
Subject as hereinafter provided, no person other than the one to whom a license is
issued shall, at any time, use or enjoy such license nor shall the same be used or
enjoyed in respect of any place or premises other than the one described in such
license.
15.
An application for the transfer of a license shall be made in like manner as an
application for a license.
16.
Upon the application for transfer being approved by Council, the Clerk shall, upon
payment of the transfer fee, endorse on such license the conditions and particulars
of such transfer and shall cause to be made the necessary changes in the License
Register.
17.
The Clerk shall account to the City Treasurer for all license fees received by him and
pay over such fees to the City Treasurer forthwith upon receipt thereof, and shall from
time to time render to the Council or to the Treasurer such statements and other
information as may be required in connection therewith, or with respect to any other
matters arising under this by-law.
By-law No. 4322/158/02
Page 3 of 4
18.
Each person licensed under this by-law and the premises occupied for the purpose
of a public garage and the conducting of business on such premises, shall comply
with the regulations and requirements of the Technical Standards and Safety Act
2000, S.O. 2000, c. 16.
19.
The provisions of The Technical Standards and Safety Act and the regulations made
thereunder in so far as they are applicable shall be deemed to form a part of this by-
law as if incorporated herein, and where any conflict exists between this by-law and
the provisions of the said Technical Standards and Safety Act and regulations, the
said Act and regulations shall govern.
20.
No person owning or keeping a public garage licensed under the provisions of this
by-law shall use or permit the public garage to be used for the purpose of wrecking
motor vehicles.
21 .
A person owning or keeping a public garage may display in any open area on its
premises, new motor vehicles or used certified mechanically fit motor vehicles and
sell same.
22.
(a)
All uncertified motor vehicles, motor vehicles in a state of road unworthiness
or disrepair and/or parts thereof and motor vehicles stored for a period in
excess of 7 days shall be placed in a fenced area. The fence shall be of
opaque construction, of a minimum height of six feet and otherwise erected in
accordance with the provisions of the City of Port Col borne Fence By-law, as
amended.
(b)
Provided however that should a fenced area exist in a state of good repair on
the lands and premises being the subject of the application on the date of
passage of this by-law and be of a non-opaque construction or less than six
feet in height, but otherwise conforming to the City of Port Col borne Fence by-
law, as amended, it shall be deemed to be erected in accordance with the
provisions of paragraph 22 (a) hereof.
23.
All vehicles used for towing purposes shall be licensed by the Niagara Regional
Police Services Board.
24.
Any person who contravenes any of the provisions of this by-law is guilty of an
offence and on conviction is liable to a fine as provided for under the Provincial
Offences Act.
25.
Should any provision of this by-law be declared by a court of competent jurisdiction
to be void or ultra vires for any reason, the remaining provisions shall, nevertheless,
remain valid and binding and shall be read as if the offending section or sub-section
had been struck out.
26.
The provisions of this by-law are to have retrospective operation.
27.
By-law 2428/44/90 is hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND Fl NALLY ~~,__
December, 2002.
Vance M. Badawey
MAYOR
Jc,. ..... _ ~
Janet Beckett
CLERK
By-law No.
4322/158/02
Page 4 of 4
SCHEDULE "A" TO BY-LAW NO.
4322/158/02
Column 1
Description of
of License
Public Garage
as defined in paragraph
1 (a) of this by-law
Column 2
License and
Renewal
$30.00
Column 3
Annual Fee
Transfer Fee
$10.00