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Licence---Newpaper-Boxes---Licencing.pdf"
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LICENCE
Chapter 865
NEWSPAPER BOXES - LICENSING
CHAPTER INDEX
Article 1
INTERPRETATION
865.1.1
Commissioner - defined
865.1.2
Council - defined
865.1.3
Highway - defined
865.1.4
Hitching post - defined
865.1.5
Licence Hearing Committee - defined
865.1.6
Licensing Officer - defined
865.1.7
Newspaper - defined
865.1.8
Newspaper box - defined
865.1.9
Person - defined
865.1.10
Town - defined
Article 2
GENERAL PROVISIONS
865.2.1
Placement - without licence - prohibited
865.2.2
Licence agreement - conditions - set out
865.2.3
Application processing fee - each location
865.2.4
Licence fee - each location
865.2.5
Indemnification - Town held harmless
865.2.6
Order to remove - compliance - conditions
865.2.7
Order to remove - no claim against Town
RICHMOND HILL
865.1
JULY 2005
865.2.8
Installation - at owner's expense
865.2.9
Maintenance - box - location - owner responsibility
865.2.10
Insurance policy - minimum requirement
865.2.11
Box moved - construction - maintenance
865.2.12
Agreement - permission to install - maintain - only
865.2.13
Transfer - licence - prohibited
865.2.14
Applicant non complying - report to Council - request
865.2.15
Licence non-transferable - without Council approval
865.2.16
All costs incurred - paid by licensee
865.2.17
Removal of box - improperly placed
865.2.18
Failure to remove box - authority to seize
865.2.19
Seized box - storage - time limitation before disposal
Article 3
ISSUE OF LICENCE
865.3.1
Conditions for issue of licence
865.3.2
Licence agreement - with Town
865.3.3
Location - limitation
865.3.4
Location - number of boxes - limitation
865.3.5
Separation - minimum distance - mid-block placement
865.3.6
Positioning - straight line - location
865.3.7
Location - not adverse - satisfactory to Commissioner
865.3.8
Visibility - not obstructed
865.3.9
Installation - mounting - types
865.3.10
Distance separation - from existing above ground objects
865.3.11
Distance - from vehicular access
865.3.12
Distance - from school crossing - pedestrian crossing
865.3.13
Distance - from fire hydrant
865.3.14
Park frontage - placement on - prohibited
865.3.15
Paper material - inside box - recycled fibre content
NEWSPAPER BOXES - LICENSING
JULY 2005
865.2
RICHMOND HILL
865.3.16
Advertising on exterior of box - restriction
865.3.17
Placement - in front of residence - prohibited
Article 4
REFUSAL - REVOCATION - SUSPENSION OF LICENCE
865.4.1
Licence - refusal - grounds set out
865.4.2
Refusal to issue licence - Council authority
865.4.3
Licence refusal - fee refund - limitation
865.4.4
Licence issue - subject to additional terms
865.4.5
Revocation - suspension - disentitlement to renewal
865.4.6
Revocation - application for refund
865.4.7
Revocation - refund not applicable - conditions
865.4.8
Cancellation of a licence - upon request
865.4.9
Licensing Officer recommendation not to issue licence
865.4.10
Notice - of Licensing Officer recommendation
865.4.11
Notice - of refusal to licence - content
865.4.12
Request for hearing - Committee - convened
865.4.13
Notice - service - form
865.4.14
Notice - service by mail - when deemed served
865.4.15
Hearing - held - applicant not present - procedure
865.4.16
Hearing - conclusion - recommendation to Council
865.4.17
Council decision - final
865.4.18
Revocation - suspension - licence returned - box removed
865.4.19
Refusal to obey ruling - obstruction - prohibited
Article 5
ENFORCEMENT
865.5.1
Fine - for contravention
NEWSPAPER BOXES - LICENSING
RICHMOND HILL
865.3
JULY 2005
Article 6
ENACTMENT
865.6.1
Effective date
--------
WHEREAS section 150 of the Municipal Act, 2001 authorizes the Coun-
cil of the Town of Richmond Hill to pass by-laws for licensing, regulating
and governing of any business wholly or partly carried on within the
municipality.
Article 1
INTERPRETATION
865.1.1
Commissioner - defined
"Commissioner" means the Town's Commissioner of Engineering and
Public Works and includes any Acting Commissioner or his or her
designate.
865.1.2
Council - defined
"Council" means the Council of The Corporation of the Town of Rich-
mond Hill.
865.1.3
Highway - defined
"highway" includes a commonand public highway, road, road allowance,
street, avenue, parkway, square, place, bridge, viaduct or trestle, any part
of which is intended for or used by the general public for the passage of
vehiclesand includes the area between the lateralproperty linesthereof.
865.1.4
Hitching post - defined
"hitching post" means a metal bar in a form approved by the Commis-
sioner of Engineering and Public Works embedded in concrete to which
newspaper boxes may be chained.
865.1.5
Licence Hearing Committee - defined
"Licence Hearings Committee" means a Committee of Council duly ap-
pointed to conduct hearings under this Chapter.
865.1.6
Licensing Officer - defined
"Licensing Officer" means the Licensing Officer for the Town of Rich-
mond Hill.
865.1.7
Newspaper - defined
"newspaper" means but is not limited to any publication containing news,
current events, feature articles or advertising.
865.1.1
NEWSPAPER BOXES - LICENSING
865.1.7
JULY 2005
865.4
RICHMOND HILL
865.1.8
Newspaper box - defined
"newspaper box" means any type of vending box or other receptacle used
for the purpose of displaying or distributing any newspapers, magazines
or other publications.
865.1.9
Person - defined
"person" means an individual, firm, corporation, association, or partner-
ship.
865.1.10
Town - defined
"Town" means The Corporation of the Town of Richmond Hill.
Article 2
GENERAL PROVISIONS
865.2.1
Placement - without licence - prohibited
No person shall place or maintainor permitto be placed or maintainedany
newspaper box for the dispensing of newspapers, magazines, periodicals,
printed, written or photographic material of any kind on any highway un-
der the jurisdiction of the Town without a licence issued by the Licensing
Officer.
865.2.2
Licence agreement - conditions - set out
Notwithstanding Section 865.2.1, the holder of a licence issued under Ar-
ticle 3 and Section 865.2.14 may place a newspaper box, satisfactory to
the Commissioner, for the dispensing of newspapers on any highway at a
location satisfactory to the Commissioner and as described in the licence,
provided that the licence holder has entered into an agreement with the
Town stipulating all of those matters set out in Sections 865.2.2 through
865.2.13 inclusive.
865.2.3
Application processing fee - each location
Subject to Section 865.4.3, the licence holder will pay the Town an appli-
cation processing fee for each proposed location as set out in Chapter 684
of the Town of Richmond Hill Municipal Code - Tariff of Fees.
865.2.4
Licence fee - each location
Subject to Sections 865.4.6 and 865.4.7, that the licence holder will pay to
the Town an annual, non-refundable licence fee for each of the newspaper
boxes as set out in Chapter 684 of the Town of Richmond Hill Municipal
Code - Tariff of Fees; such licence fee to be reviewed annually.
865.2.5
Indemnification - Town held harmless
The licence holder will always indemnify and hold harmless the Town
from and against all actions, suits, claims and demands which may be
brought against the Town referable to this Chapter.
865.1.8
NEWSPAPER BOXES - LICENSING
865.2.5
RICHMOND HILL
865.5
JULY 2005
865.2.6
Order to remove - compliance - conditions
Subject to Section 865.2.16, the licence holder shall remove each newspa-
per box from the highway upon receiving an order to do so and shall re-
place and restore the highway to a safe and proper condition to the
satisfaction of the Commissioner, provided that if the licence holder ne-
glects or fails to remove the newspaper box or boxes or neglects or fails to
restore the highway to the satisfaction of the Commissioner, the Town
may undertake such work and recover the costs thereof from the licence
holder.
865.2.7
Order to remove - no claim against Town
A licence holder required to remove one or more newspaper boxes pursu-
ant to Section 865.2.6 shall make no claims against the Town on account
of such removal.
865.2.8
Installation - at owner's expense
The licence holder shall, at his or her own expense, install and locate each
newspaper box so that it does not interfere with the safe movement of pe-
destrians and motor vehicles in accordance with Article 3.
865.2.9
Maintenance - box - location - owner responsibility
The licence holder shall be responsible for the upkeep and maintenance of
his or her newspaper box or boxes and that he or she shall be responsible
for maintaining the newspaper box location free from litter, garbage and
other debris at all times.
865.2.10
Insurance policy - minimum requirement
The licenceholder shall maintaina policy of insurance in an amountof not
less than $2,000,000 with an insurance company and in a form satisfac-
tory to the Town's Commissioner of Finance.
865.2.11
Box moved - construction - maintenance
In the event that the Town or any public utility company or the Regional
Municipality of York must remove a newspaper box for the purpose of
making repairs to, maintaining or constructing additional public services,
the licence holder shall reimburse the Town, the Public Utility Company
or the Regional Municipality of York, as the case may be, the additional
costs, if any, incurred by them by reason of the placement of a newspaper
box.
865.2.12
Agreement - permission to install - maintain - only
Nothing contained in the agreement shall be construed as giving to the
licence holder anything more than permission to install and maintain a
newspaper box as set out therein until such time as an order as previously
set out shall have been given to the licence holder to remove the same.
865.2.6
NEWSPAPER BOXES - LICENSING
865.2.12
JULY 2005
865.6
RICHMOND HILL
865.2.13
Transfer - licence - prohibited
The licence granted to the licence holder to install and maintain a newspa-
per box as set out in this Chapter shall not be transferred or assigned by the
licence holder and such licence shall immediately terminate in the event
that the licence holder ceases to be the owner of the said newspaper box
unless the consent of Council upon the recommendation of the Commis-
sioner is obtained to the transfer or assignment.
865.2.14
Applicant non complying - report to Council - request
Where the Commissioner is of the opinion that an applicant for a licence
does not comply with any one or all of the conditions set out in Article 3,
the Commissionershall, upon the request of the applicant, report to Coun-
cil and Council may, upon consideration of the report of the Commis-
sioner, direct the Licensing Officer to issue the licence if, in the opinion of
Council, the said conditions have been satisfied.
865.2.15
Licence non-transferable - without Council approval
A licence issued under this Chapter shall not be transferred or assigned by
the licence holder without the consent of Council upon the recommenda-
tion of the Commissioner.
865.2.16
All costs incurred - paid by licensee
All costs associated with the installation of newspaper boxes in accor-
dance with this Chapter shall be set out in Chapter 684 of the Town of
Richmond Municipal Code - Tariff of Fees and shall be borne by the
licence holder.
865.2.17
Removal of box - improperly placed
Any person who owns or who places or who permits the placing upon any
highway of any newspaper box for dispensing any other materialor matter
contrary to Section 865.2.1 or contrary to the provisions of an agreement
madeunder Sections 865.2.2 through 865.2.13 inclusive or contrary to the
provisions of a licence issued under this Chapter, shall remove the said
newspaper box from the highway within forty-eight hours of receiving an
order to do so from the Town, provided, where such order deems the
placement of the said newspaper box to have created an emergency situa-
tion, the person who owns or who placed or who permitted the placing of
the said newspaper box shall remove the said newspaper box from the
highway forthwith upon receiving the order to do so from the Town.
865.2.18
Failure to remove box - authority to seize
Upon the default of any such person referred to in Section 865.2.17 to re-
move a newspaper box, the Commissioner is hereby authorized and em-
powered to seize and remove the said newspaper box from the highway
and place it in storage at the expense of the person who placed the said
newspaper box upon the highway or the owner of the said newspaper box.
865.2.13
NEWSPAPER BOXES - LICENSING
865.2.18
RICHMOND HILL
865.7
JULY 2005
865.2.19
Seized box - storage - time limitation before disposal
Salvaged newspaper boxes that are seized will be held by the Town for
fourteen days and subsequently disposed of or may be returned to the
owner upon payment of a fee as set out in Chapter 684 of the Town of
Richmond Municipal Code - Tariff of Fees.
Article 3
ISSUE OF LICENCE
865.3.1
Conditions for issue of licence
The Licensing Officer shall issue a licence to permit the placement of a
newspaper box for the dispensing of newspapers on any highway, pro-
vided that the conditions set out in Sections 865.3.2 through 865.3.17 in-
clusive, are met.
865.3.2
Licence agreement - with Town
A condition of licence shall be the applicant has entered into a licence
agreement with the Town as required by Sections 865.2.2 through
865.2.13 inclusive.
865.3.3
Location - limitation
A condition of licence shall be newspaper boxes do not occupy more than
one of the corners at an intersection except that newspaper boxes shall be
permitted to occupy up to two corners at intersections on arterial roads.
865.3.4
Location - number of boxes - limitation
A condition of licence shall be a maximum number of six newspaper
boxes will be permitted at any location approved by the Commissioner
and no further licences will be issued for that location.
865.3.5
Separation - minimum distance - mid-block placement
A condition of licence shall be a minimum of 50 metres (165 feet) be pro-
vided between newspaper box locations for mid-block placement on each
side of the street.
865.3.6
Positioning - straight line - location
A condition of licence shall be all newspaper boxes adjacent to each other
are positioned in a straight line, parallel to the line of the curb and/or side-
walk and located on the side of the sidewalk furthest from the travelled
portion of the highway, unless in the opinion of the Commissioner, the
said newspaper boxes willnot cause an obstruction to motoristsight lines.
865.3.7
Location - not adverse - satisfactory to Commissioner
A condition of licence shall be the Commissioner is satisfied that the
newspaper boxes will not adversely affect pedestrian or motor vehicle
movement, snow removal, sidewalk cleaning, traffic safety, or other pub-
lic uses of any highway.
865.2.19
NEWSPAPER BOXES - LICENSING
865.3.7
JULY 2005
865.8
RICHMOND HILL
865.3.8
Visibility - not obstructed
A condition of licence shall be the Commissioner is satisfied that the
placement of the newspaper box shall not obstruct the visibility of any ad-
vertising panel on a transit shelter.
865.3.9
Installation - mounting - types
A condition of licence shall be all newspaper boxes shall be installed on
concrete pads and secured both vertically and horizontally by means of a
hitching post unless, in the opinion of the Commissioner, another method
of securing the said newspaper boxes is more appropriate to a particular
location.
865.3.10
Distance separation - from existing above ground objects
A minimum of 1.2 metres (4 feet) must be maintained between any news-
paper box and any existing above-ground objects such as trees, signs,
street furnishings, utility poles, utility or pedestrian accesses.
865.3.11
Distance - from vehicular access
A minimum of 6 metres (20 feet) must be maintained between a newspa-
per box location and a vehicular access.
865.3.12
Distance - from school crossing - pedestrian crossing
No newspaper box may be placed within 15 metres (50 feet) of a signed
school crossing or signed pedestrian crossing.
865.3.13
Distance - from fire hydrant
A minimumof 10 metres (33 feet) must be maintained between a newspa-
per box location and a fire hydrant.
865.3.14
Park frontage - placement on - prohibited
No newspaper box may be placed on the frontage of a park.
865.3.15
Paper material - inside box - recycled fibre content
All paper material proposed to be placed in the newspaper box shall con-
tain recycled fibre.
865.3.16
Advertising on exterior of box - restriction
No advertising other than the nameof the newspaper, the logo, the price or
promotion features in the newspaper shall be permitted on any newspaper
box.
865.3.17
Placement - in front of residence - prohibited
No newspaper box may be placed in front of a residential dwelling on a
highway.
865.3.8
NEWSPAPER BOXES - LICENSING
865.3.17
RICHMOND HILL
865.9
JULY 2005
Article 4
REFUSAL - REVOCATION - SUSPENSION OF LICENCE
865.4.1
Licence - refusal - grounds set out
An applicant is entitled to be licensed and a licensee is entitled to have his
or her licence renewed, except where:
(a) having regard to his or her financial position, the applicant or
licensee cannot reasonably be expected to be financially re-
sponsible in the conduct of the business which is to be licensed
or is licensed;
(b) the past conduct of the applicant or licensee affords reason-
able grounds for the belief that the applicant or licensee will
not carry on the activity for which he or she is to be licensed, in
accordance with law and with integrity and honesty;
(c) the issuance of the licence or renewal of the licence would be
contrary to the public interest;
(d) the applicant or licensee is carrying on activities that are, or
will be, if the applicant is licensed, in contravention of this
Chapter; or
(e) if the applicant or licensee is a corporation,
(i)
having regard to its financial position, it cannot
reasonably be expected to be financially respon-
sible in the conduct of the business for which it is
to be licensed;
(ii)
the past conduct of the officers or directors af-
fords reasonable grounds for the belief that the
applicant or licensee will not carry on the activity
for which he or she is to be licensed or continue
to be licensed in accordance with law;
(iii)
the issuance of the licence or renewal of the
licence would be contrary to the public interest;
or
(iv)
it is carrying on activities that are, or will be, if
the applicant is licensed, in contravention of this
Chapter.
865.4.2
Refusal to issue licence - Council authority
Council may refuse to issue or renew a licence or may refuse to renew a
licence, where the applicant or licensee would be disentitled to a licence
for any of the reasons set out in Section 865.4.1.
865.4.1
NEWSPAPER BOXES - LICENSING
865.4.2
JULY 2005
865.10
RICHMOND HILL
865.4.3
Licence refusal - fee refund - limitation
When an application for a licence or renewal of a licence is refused, the
applicant is entitled to apply to the Licensing Officer for a refund of up to
50 per cent of the application processing fee.
865.4.4
Licence issue - subject to additional terms
Notwithstanding any other provision of this Chapter, Council may issue a
licence or renew a licence subject to such terms and conditions as are nec-
essary to give effect to this Chapter, if first consented to by the applicant or
licensee; or, if recommended by the Licence Hearings Committee after a
hearing as provided for in Section 865.4.15.
865.4.5
Revocation - suspension - disentitlement to renewal
Council may revoke or suspend a licence where the licensee would be
disentitled to a renewal of a licence on the grounds set out in Section
865.4.1.
865.4.6
Revocation - application for refund
When a licence is revoked under Section 865.4.5, the licensee is entitled
to apply to the Licensing Officer for a refund of that part of the licence fee
which is proportionate to the unexpired part of the term for which the
licence was issued.
865.4.7
Revocation - refund not applicable - conditions
The provisions of Section 865.4.6 do not apply when the unexpired part of
the term is less than four months.
865.4.8
Cancellation of a licence - upon request
Any licence issued under this Chapter may be cancelled by the Licensing
Officer at any time, upon the written request of the licensee.
865.4.9
Licensing Officer recommendation not to issue licence
When an applicant or a licensee is not entitled to be licensed or to have his
or her licence renewed for any of the grounds set out in Section 865.4.1,
the Licensing Officer shall recommend to Council that Council shall re-
fuse to issue or renew the licence, or that Council suspend or revoke the
licence,or, subject to Section 865.4.4 that Council issue a licenceon terms
and conditions.
865.4.10
Notice - of Licensing Officer recommendation
Before Council refuses to issue or refuses to renew a licence, or revokes or
suspends or cancels a licence, a written notice advising the applicant or li-
censee of the recommendation being made by the Licensing Officer to
Council with respect to the licence, shall be given to the applicant or li-
censee by the Licensing Officer.
865.4.3
NEWSPAPER BOXES - LICENSING
865.4.10
RICHMOND HILL
865.11
JULY 2005
865.4.11
Notice - of refusal to licence - content
The written notice to be given under Section 865.4.10 shall:
(a) set out the grounds for the recommendation;
(b) give reasonable particulars of the grounds;
(c) be signed by the Licensing Officer;
(d) inform the applicant or licensee that he or she is entitled to a
hearing before the Licence Hearings Committee, if he deliv-
ers, within seven days after the date of service of the written
notice, or the date of personal service of the written notice,
whichever is later, a written request for a hearing before the
Licence Hearings Committee.
865.4.12
Request for hearing - Committee - convened
On receipt of a written request for a hearing from an applicant or a li-
censee, the Licensing Officer shall require that the Clerk of the Town con-
vene a meeting of the Licence Hearings Committee and shall give the
applicant or licensee reasonable written notice thereof.
865.4.13
Notice - service - form
The written notice referred to in Sections 865.4.10 and 865.4.11, is suffi-
ciently served if delivered personally or sent by registered or certified
mail, addressed to the person to whom service is required to be made, ac-
cording to the licensing section records.
865.4.14
Notice - service by mail - when deemed served
When service is made through registered or certified mail, the service
shall be deemed to have been made on the seventh day after the day of
mailing, unless the person on whom service is being made, establishes
that he or she did not, acting in good faith, through absence, accident, ill-
ness or other cause beyond his or her control, receive the written notice
until a later date.
865.4.15
Hearing - held - applicant not present - procedure
When the applicant or licensee who has been given written notice of the
hearing, does not attend at the proper timeand place, the Licence Hearings
Committeemay proceed with the hearing in his or her absence and the ap-
plicant or licensee shall not be entitled to any further notice of the
proceedings.
865.4.16
Hearing - conclusion - recommendation to Council
At the conclusion of a hearing, the Licence Hearings Committeeshall pro-
vide its recommendations to the Council after which Council may make
the decision.
865.4.11
NEWSPAPER BOXES - LICENSING
865.4.16
JULY 2005
865.12
RICHMOND HILL
865.4.17
Council decision - final
Council mayaccept or vary the recommendationsof the Licence Hearings
Committee or do any act or make any decision that it might have done if it
had conducted the hearing itself and the applicant or licensee shall not be
entitled to a further hearing on the matter before Council and the decision
of Council shall be final.
865.4.18
Revocation - suspension - licence returned - box removed
When a licence has been revoked or suspended, the holder of the licence
shall return the licence to the Licensing Officer within twenty-four hours
of service of written notice of the decision of Council and remove the
newspaper box that was the subject of the licence.
865.4.19
Refusal to obey ruling - obstruction - prohibited
When a person has had his or her licence revoked or suspended under this
Chapter the licensee shall not refuse to deliver up or in any way obstruct or
prevent the Licensing Officer from obtaining the licence, and removing
the newspaper box that was the subject of the licence in accordance with
Section 865.4.18.
Article 5
ENFORCEMENT
865.5.1
Fine - for contravention
Every person who contravenes any of the provisions of this Chapter is
guilty of an offence and, upon conviction is liable to a fine and other pen-
alties imposed pursuant to the Provincial Offences Act as amended.
Article 6
ENACTMENT
865.6.1
Effective date
This Chapter comes into force on September 6, 2005. By-law 91-05, 25
July, 2005.
865.4.17
NEWSPAPER BOXES - LICENSING
865.6.1
RICHMOND HILL
865.13
JULY 2005