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The Corporation of the Township of Springwater
By-Law 2008-118
A By-Law of The Corporation of the Township of
Springwater to provide for the licensing, regulating and
governing of certain businesses, trades or occupations
carried on, or engaged in within the Township of
Springwater; and to repeal By-laws 2001-005, 2001-025,
2005-072, 2006-002 and 2006-031.
The Council of The Corporation of the Township of Springwater hereby enacts as
follows:
1.
Title and Scope
This by-law shall be known as a by-law for the licensing, regulating and
governing of trades, businesses or occupations or the persons carrying
on, or engaged in such activities in the Township of Springwater and may
be cited by its short title, "The Business Licensing By-law".
2.
Authority
Municipal Act, 2001, S.O. 2001, Chapter 25, (the "Municipal Act, 2001"),
as may be amended from time to time, Part IV, Sections 150 through 165
inclusive.
3.
Definitions
For the purpose of this by-law:
3.1.
Accessory: means a use, building or structure that is normally incidental
and/or subordinate, and is exclusively devoted to a main use and/or
building and/or structure, and is located on the same lot therewith.
3.2.
Animal: means any canine, bovine, feline, swine, livestock, poultry or non-
exotic animal residing at the same premises as a licensed operation.
3.3.
Animal Control Officer: means a person appointed or engaged by the
Township for the purpose of animal control and includes a By-law Officer;
3.4.
Annual License: means a license to operate a business at one (1)
designated location in the Township of Springwater for the duration of the
licensing year and may for licensing purposes include a vehicle which
travels from location to location in the Township.
3.5.
Applicant: means a person who is required to be licensed pursuant to this
by-law or who has made application for a license to the Issuer of Licenses
and shall include a licensee.
3.6.
Approval: means written approval unless otherwise specified.
3.7.
Association: means a group of persons joined together to carry on a
common business that is not a partnership or corporation.
3.8.
Auction: means a sale in which bids on goods, articles, merchandise or
effects are received by an Auctioneer and where each bid offers more
than the last previous bid and where the good, article, merchandise or
effect being put up for sale is sold to the highest bidder.
3.9.
Auctioneer: means any person selling or putting up for sale goods,
wares, merchandise or effects by public auction and, without limiting the
foregoing, may include livestock as shown in Schedule 5 attached.
3.10.
Boarding: means the taking in of domestic animals for a period of time for
hire.
3.11.
Breeding: means the generating of offspring resulting in quality of
bloodlines as in purebred.
3.12.
By-law Enforcement Officer: means a Municipal Law Enforcement
Officer appointed by by-law for the purposes of carrying out inspections
and the enforcement of municipal by-laws.
3.13.
Business: means any business wholly or partly carried on within a
municipality, even if the business is being carried on from a location
outside the municipality, and includes trades and occupations; exhibitions,
concerts, festivals and other organized public amusements held for profit
or otherwise; the sale or hire of goods or services on an intermittent or
one-time basis and the activities of a transient trader; and the display of
samples patterns or specimens of goods for the purpose of sale or hire.
3.14.
Business Day: means a day from Monday to Friday except a statutory
holiday.
3.15.
Campground: means any parcel of land which is zoned for the siting of
recreational vehicles, trailers and/or tents within the meaning of this By-
law as shown in Schedule 2.
3.16.
Complaint: means a person who has filed a formal complaint under the
provisions of this By-law.
3.17.
Commercial Cooking Equipment: means refreshment vehicles that are
equipped with but not limited to all manners of cooking equipment,
exhaust hoods, grease removal devices, exhaust ductwork, exhaust fans,
dampers, fire extinguishing equipment and all other auxiliary or ancillary
components or systems that are involved in the capture, containment and
control of grease laden cooking effluent.
3.18.
Council: means the Council for The Corporation of the Township of
Springwater.
3.19.
Director: means a person appointed or elected to the Board of Directors
of a corporation.
3.20.
Dog: means any member of the species Canis familiaris and shall include
a male or female, spayed or neutered dog over the age of 12 weeks.
3.21.
Domestic Animal: means a dog, cat, or other similar pet which is
generally understood to be domesticated and is typically kept indoors at a
residence.
3.22.
Domestic Animal Boarding Kennel: means any building, structure, run
or facility or part thereof, used for the boarding for hire of more than one
(1) domestic animal, but does not include a veterinarian clinic, (hereinafter
referred to as "Boarding Kennel").
3.23.
Fee: means a payment for services and remuneration paid for goods or
other property.
3.24.
Fire Official: means the person who may, from time to time, be appointed
by Council to the position of Fire Official/Chief or his designate.
3.25.
Health Unit: means the Simcoe Muskoka District Health Unit and includes
any successor or assign.
3.26.
Human Society: means the Ontario Society for the Prevention of Cruelty
to Animals or any local branch of the Ontario Humane Society.
3.27.
Inspector: means the Township Building Inspector, Fire Inspector or Chief
Building Official.
3.28.
Issuer of Licenses: means the Clerk or Deputy Clerk of the Township of
Springwater.
3.29.
Kennel: means any building, structure, dog run or other facility, or part
thereof, where:
a)
Purebred dogs are kept for breeding or show purposes; or
b)
Dogs are kept solely for the purpose of routinely entering into competitive
events;
c)
Hunting dogs are kept for hunting purposes; or
d)
More than three (3) dogs are kept at any one time.
3.30.
Kennel, Commercial Breeding: means any kennel used for the keeping
of eight (8) or more dogs, but does not include a veterinarian clinic.
3.31.
Kennel, Hobby: means any kennel used for the keeping of more than
three (3) but less than eight (8) dogs, including taking in occasional dogs
for sanctuary or shelter provided that documentation from the Humane
Society confirms participation in an approved program but does not
include a veterinarian clinic. In addition to the maximum number of dogs
set out above, a maximum of two litters of pups up to twelve (12) weeks of
age may be permitted in any licensing year.
3.32.
License: means a business license issued pursuant to the provisions of
the appropriate Schedules of this by-law.
3.33.
License Fee: means the appropriate fee for the license as set out in
Appendix "B" of this by-law.
3.34.
Licensee: means a person who has been issued a license pursuant to
this by-law either in the current calendar year or in a previous calendar
year and shall include an applicant.
3.35.
Licensing Year: means the period from January 1st to December 31st of
each given year unless otherwise stated in the attached schedule.
3.36.
Occupant: means any person who pays for the use of a campground site.
3.37.
Operator: means a person who operates a business within the Township
of Springwater.
3.38.
Owner: means the registered owner of a property located within the
Township of Springwater.
3.39.
Officer: means a person appointed by the board of directors of a
corporation to hold an office of management in a corporation such as
president, vice-president, treasurer or secretary.
3.40.
Park Model Trailer: means a recreational trailer that meets the following
criteria:
a)
Built on a single chassis, mounted on wheels;
b)
Designed to facilitate relocation from time to time;
c)
Designed as living quarters for seasonal camping and may be connected
to those utilities necessary for operation of installed fixtures and
appliances; and
d)
Has a gross floor area, including lofts, not exceeding 50m2 (538.21ft.2)
when in the setup mode and having a width greater than 2.6m (8.53 ft.) in
the transit mode. 28.153.
3.41.
Park Model Trailer Add On: means a pre-manufactured structure
designed for use of sunroom or porch, which is the most part unenclosed
on at least three sides, except for screening, clear glass or lower skirting
or bottom panels and is intended or used for additional living area but is
not intended or used for the purpose of cooking or sleeping
accommodation.
3.42.
Person: means a member of the public, an association, firm, partnership,
private club, incorporated company, corporation, agent or trustee and the
heirs, executors or other legal representatives of a person to whom the
context can apply according to law.
3.43.
Planning Act: means the Planning Act R.S.O. 1990, c.P13, as amended
from time to time.
3.44.
Police Officer: means officer who is a member of the Ontario Provincial
Police or such other police force who may be contracted from time to time
to service the Township.
3.45.
Premise: means land and includes any and all buildings or other
structures thereon and includes any vehicle or conveyance used in the
operation of the business and premise shall have the same meaning.
3.46.
Purebred: means any dog that is registered or eligible for registration with
an association incorporated under the Animal Pedigree Act (Canada) or
any other similar National Association;
3.47.
Recreational Facility: means an indoor or outdoor recreational facility
used for a commercial operation.
3.48.
Refreshment Vehicle: means a motorized vehicle from which
refreshments are sold, which may be on construction sites to sell food and
drink to workers on site, and which does not solicit business in commercial
or residential areas but not limited to french fries, hot dogs, hamburgers,
sausage, fish, chicken, ice cream, beverages and similar items are sold or
offered for sale, and without limiting the foregoing, are commonly known
as a chip wagon/fry truck, coffee truck, hot dog cart or any other food
trailer, including a mobile barbeque facility.
3.49.
Refreshments: means, but shall not be limited to, such items as french
fries, hot dogs, hamburgers, sausage, fish, ice cream, beverages and
similar items which can be sold from a vehicle which conforms with the
requirements of this By-law and any other regulations that any other
agency or Ministry may impose.
3.50.
Restaurant: means a building or part of a building where food is offered
for sale or sold to the public for immediate consumption on the premises.
3.51.
Renewal: means the issuance of the same class of license to the same
person for the subsequent licensing period.
3.52.
Service: means to provide or perform work done and benefit conferred
upon another for a fee and profit.
3.53.
Settlement Area: means urban or rural settlement areas within the
municipality that are built up areas where development is concentrated
and which have a mix of land uses; and lands which have been
designated for development in an Official Plan. In cases where growth
areas have not been designated by the Provincial or County Planning
Policies, the settlement area may be no larger than the area where
development is concentrated.
3.54.
Shareholder: and any words referring to the holding of shares includes all
persons having a beneficial interest of any kind in the shares of the
corporation.
3.55.
Springwater: means The Corporation of the Township of Springwater.
3.56.
Structure: means anything constructed or erected, the use of which
requires location on the ground, or which is attached to something having
location on or in the ground.
3.57.
Temporary Event License: means a license to operate a refreshment
vehicle at an event for a period of not more than 72 hours for one time
only in any licensing period, in the same location.
3.58.
To Provide: means to sell, offer to sell or display for sale, by retail or
otherwise include renting or barter for trade any good or service.
3.59.
Township: means The Corporation of the Township of Springwater.
3.60.
Transient Trader: means a person operating a business or conducting
any commerce or trade, or offering the sale of any good or service on a
temporary, intermittent or one time basis on any road allowance,
municipally owned property, private property, or other public space.
3.61.
Travel Trailer: means a recreational trailer, other than a Park Model
Trailer, intended as temporary seasonal living accommodations, including
structures commonly referred to as travel trailers, motor homes, slide in
campers, chassis mounted campers and tent trailers having the following
features: an overall length not exceeding 12.5 m (41.01ft); and an overall
width not exceeding 2.6 m (8.53ft.). Width shall mean the sum of the
distance from the vehicle centre line to the outer most projections on each
side when the vehicle is folded or condensed for transit.
3.62.
Vehicle: means 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.
3.63.
Zoning Administrator: means a person or delegate appointed by Council
from time to time for the purposes of administering the Township's Zoning
By-law(s).
3.64.
Zoning By-law: means the most current comprehensive zoning by-law in
force in the Township or portions thereof, as amended and passed
pursuant to the Planning Act, R.S.O. 1990, c.P.13 (the "Planning Act").
4.
Interpretation
4.1.
Sections 1 through 14 of the By-law are intended to be the general
sections applicable to all businesses which are licensed by the
municipality. Each Schedule contains specific regulations which apply to
named categories of businesses. The provisions set out in the schedules
relating to a specific business category shall form part of this by-law and
shall be deemed to be in addition to the provisions set out in sections 1
through 14.
4.2.
Words used in the singular shall have corresponding meanings and used
in the plural.
4.3.
"May" shall be construed as permissive.
4.4.
"Shall" shall be construed as imperative.
4.5.
Unless the contrary intention appears in this by-law, words importing the
masculine gender only shall include females as well as males and the
converse.
4.6.
Where any expression of time occurs of where any hour or other period of
time is stated, the time referred to shall be standard time, provided
however, if what is known as "daylight saving time" has been generally
adopted in the regional area for any period of the year such time shall be
the time referred to during such period in any reference to time in this by-
law.
5.
General Provisions
5.1.
Licenses
No person shall carry on, conduct, operate, maintain, keep or engage in
any business set forth in this by-law, without first having obtained a license
from the Issuer of Licenses.
5.2.
Application for License
a)
Any person wishing to obtain a license shall submit the following to the
Issuer of Licenses:
i.
A completed application in the form set out as Appendix "A" of this by-law,
titled, Business License Application;
ii.
The required license fee as shown in Appendix "B" of this by-law; and
iii.
Proof of valid insurance and any other documentation which may be listed
on the License Application form.
b)
If the applicant is a corporation, partnership or association, the applicant
shall file with the application the full name of every director, officer,
partner, shareholder or other person having an interest in the shares of
the corporation. As a condition of the license, the applicant shall inform the
Township of any changes to the shareholder information to ensure that the
Township's files are current at all times.
c)
The Issuer of Licenses shall not issue a license until the application and
license fees have been paid and all inspections and requirements have
been met.
d)
The Township retains the right to review all license fees on an annual
basis.
e)
If one applicant operates more than one business at the same location he
shall submit one application form for each business to be conducted at the
location. Upon review of the application, the Issuer of Licenses shall
determine whether more than one license fee must be paid, and what the
most applicable fee is in a "multi-business" situation.
f)
Upon receipt of an application the Issuer of Licenses shall undertake any
investigations that, in their opinion, are necessary to assess the
application. All costs incurred in such investigations shall be at the
applicant's expense.
g)
The applicant shall be responsible for obtaining all necessary inspections
and approvals as set out in this by-law, at their own expense, in addition to
the licensing fee.
h)
The Township may refuse to issue or renew a license if the property takes
or utility accounts for the premises at which the licensed business is
located are unpaid, or if any outstanding monies are owing to the
Township for services provided to or on the subject property.
i)
The Township retains the right to refuse to issue or renew a license, or
suspend or revoke an existing license if the owner or applicant is in
contravention of any other municipal by-law. The license may be issued or
reinstated once compliance has been met.
5.3.
Upon receipt of a completed application and the appropriate fees for a
license, the Issuer of Licenses shall:
a)
Make any enquiries with any municipal official or employee who has
conducted inspections relative to the business under application;
b)
Receive reports from such municipal officials and employees as may be
deemed necessary;
c)
Inquire into all relevant matters in order to ascertain if the applicant is
entitled to a license under the provisions of this by-law;
d)
Ensure that all other provisions of this by-law have been complied with by
the applicant prior to the issuance of any such license.
5.4.
Accessibility
The Township may refuse to issue a license unless the proposed business
complies with the Township's Accessibility Plan.
5.5.
Insurance
No application for a license shall be approved until the applicant provides
proof of current and valid liability insurance for the term of the licensee in
the amount set out in the appropriate Schedule to this by-law. The
Certificate of Insurance shall name Springwater as additionally insured.
a)
Notwithstanding certain sections of the Schedules to this by-law, the
Issuer of Licenses may, at their discretion, require or permit a business to
obtain an amount of liability insurance other than the amount set out.
5.6.
Application for License Renewal
Each business requiring a license shall be required to obtain a new
license each year. No business license shall be extended beyond one
year from the date of issue.
Annual renewal of a license issued in a previous year is not guaranteed,
and each licensed business shall submit the following to the Issuer of
Licenses annually:
a)
A renewal application set in the form in Appendix "A" of this by-law;
b)
A site plan showing any changes that have been made to the business or
the property since issuance of the last license;
c)
The required license fee shown in Appendix "B".
5.7.
If the Issuer of Licenses receives an application for renewal of a license
previously granted under this by-law and the appropriate license fee, he
shall:
a)
Ensure that all required inspections and approvals have been obtained;
b)
Make inquiries into all relevant matters in order to ascertain if the applicant
is entitled to obtain a renewed license under the provisions of this by-law;
c)
Inquire into any and all relevant changes in circumstances since the
previous license was issued to the applicant;
d)
Make any inquires of any municipal official, employee, or other agency
who has carried out inspections or investigations relative to the business
under application;
e)
Receive reports from such municipal officials, employees or other
agencies as may be deemed necessary, prior to the issuance of any such
renewal license;
f)
Ensure that neither the applicant nor licensee has any unpaid fines
imposed under the Provincial Offences Act for the contravention of the
section of this by-law under which the license was granted;
g)
Ensure that all property tax and utility payments are up to date on the
premises at which the licensed business will be located; and
h)
Receive evidence that the applicant has obtained liability insurance in the
amount set out in the appropriate schedule to this by-law and ensure that
the Certificate of Insurance shall name Springwater as additionally
insured.
5.8.
If all necessary inspections and approvals have been obtained and if the
Issuer of Licenses is satisfied that the applicant is entitled to the renewal
of a license, the Issuer of Licenses shall prepare and issue a renewed
license to the applicant.
5.9.
Form of License
Every license shall contain the following:
a)
The operating name of the business or person to whom the license is
issued;
b)
The operating address of the premises or location for which the license is
issued;
c)
The category of license granted;
d)
The date of issuance;
e)
The date of expiration;
f)
The signature of the Issuer of Licenses or designate.
5.10.
Lost or Destroyed
In the event that a license issued under this by-law is lost or destroyed the
applicant shall:
a)
Submit proof of such loss or destruction to the satisfaction of the Issuer of
Licenses;
b)
Submit payment of the replacement fee of five dollars ($5.00); and
c)
Upon receipt of the aforementioned, the Issuer of Licenses shall issue a
duplicate license with the word "duplicate" stamped or marked on it.
5.11.
Change of Name, Ownership or Location
Upon change of ownership of the licensed business every licensee shall
return and surrender his current license to the Issuer of Licenses. The new
owner shall make application for a new license as outlined in Section 5.2
of this by-law. For the purpose of this section, a change in beneficial
ownership of a licensed business that is a corporation shall be deemed to
have occurred if a majority of the shares of the corporation are transferred.
A license is not transferable to a new location even if there is no change in
the business or the owner. The applicant must apply for a new business
license pursuant to Section 5.2 and shall surrender the license issued to
the business at the previous location, to the Issuer of Licenses.
5.12.
Licenses Personal
No person shall have a vested interest or property right in any license or
the continuance of any license. All licenses remain the property of the
Township.
5.13.
Nuisance Abatement
In addition to any other provisions or requirements of this by-law every
licensee shall:
a)
At all times maintain and keep safe, clean and in good condition and
repair any object, amusement, vehicle, place or premises for which the
license is issued;
b)
Not cause, suffer, or permit any breach of any by-law of the corporation or
of any local board thereof, or of any statute, order-in-council, or regulation
of the legislature of the Province of Ontario or the Parliament of Canada or
of any agency, board or commission of either of them, in, upon, or in
connection with the object, amusement, place or premises for, or in
relation to which such license was issued;
c)
Not cause, suffer or commit any nuisance to arise in, on, or in connection
with the object, amusement, vehicle, place or premises for which the
license was issued;
d)
Not cause any shouting, noise or other disturbance on, in, or in connection
with the object, amusement, vehicle, place or premises for which the
license was issued, which is, in the opinion of the Township, unnecessary,
unreasonable or contrary to any municipal by-law prohibiting the same;
e)
Not cause or permit any obstruction on any highway, lane or public place
near or adjoining the place or premises for which the license was issued;
and
f)
Not cause or permit any profane, offensive or abusive language or
disorderly conduct in, on, or in connection with any vehicle, place or
premises for which the license was issued.
g)
Not obstruct the flow of vehicular traffic or obstruct any site lines of
vehicular traffic.
5.14.
Every person who acquires a license that is issued under this by-law is
responsible for the due performance and observance of all the provisions
of this by-law by himself and by his employees and all other persons in, or
upon the licensed premises.
5.15.
Inspection
a)
The Issuer of Licenses or designate, including but not limited to, the Fire
Official, Health Officials, Conservation Officers, Fire Fighters, Provincial
Offences Officers, Municipal Law Enforcement Officers, Police Inspectors
or Police Officers, Tobacco Enforcement Officers, or any agent, servant or
employee of such servants as designated by Council, may at all
reasonable times, inspect or cause to be inspected the premises, facilities,
equipment, vehicles and other property used or kept for hire in connection
with the carrying on of a licensed business or a business being carried on
without a license, contrary to this by-law.
b)
If a license issued under this by-law applies to an occupation every person
obtaining a license shall carry the license with him when engaged in the
occupation for which the license is issued, and every person so licensed
shall, produce the license for inspection when so requested by any person
authorized to do so.
c)
Every person obtaining a license where the license applies to the
premises, shall keep the license posted in a conspicuous place on the
premises in respect of which the license is issued and every person so
licensed shall, when requested by any person authorized by the
Township, produce the license for inspection.
5.16.
Suspension or Refusal to Grant a License
a)
The Issuer of Licenses may refuse to issue a license to any applicant who,
in the Issuer's opinion, should not be granted a license because of past
breaches of this by-law or a failure to comply with the requirements of this
by-law or other applicable by-laws of the Township, or of any local board
thereof, or of any statute, order-in-council, or regulation of the Provincial
Legislature of the Parliament of Canada or of any Agency, Board or
Commission thereof, in, upon or in connection with the business of the
premises, facilities, equipment, vehicles and other property used or kept
for hire in connection with the business.
b)
The Township of Springwater retains the right to suspend a license issued
under this By-law if the municipality is satisfied that the continuation of a
business poses an immediate danger to the health or safety of any
person, animal, or to any property. The municipality may, for the time and
on such condition as it considers appropriate, without a hearing, suspend
a license subject to providing the licensee with the reasons for the
suspension, either orally or in writing, and an opportunity to respond to
them. Such suspension shall not exceed 14 calendar days.
c)
Notice of suspension or revocation of any license may be given by
registered letter mailed to the address on the license. Receipt of such
notice is deemed to occur at the time of mailing the notice and the license
shall terminate two business days after receipt of notice.
d)
Upon revocation and/or suspension of a license the licensee shall:
i.
Return all certificates issued with reference to such license;
ii.
Permit any officer to enter the premises, vehicle or other property of the
licensee for the purpose of receiving or taking the certificates; and
iii.
In no way hinder, prevent or obstruct an officer from carrying out his
duties.
iv.
Cease operation of the business immediately.
5.17.
Notice and Appeal
a)
If the Issuer of Licenses refused to issue, or revokes a license, the said
Issuer of Licenses shall notify the applicant and/or owner of the property in
writing of the decision. The notice shall set out the ground for the refusal
and shall state that the applicant or licensee may appeal the decision by
filing an appeal with the Clerk of the Township within ten (10) business
days of receiving the notice.
b)
Upon receipt of an appeal from the applicant the Clerk and Council shall
follow the hearing procedure set out in this by-law.
c)
After conducting the hearing the Council may grant a license, refuse to
grant, revoke or suspend a license, and make any suspension of license
subject to such terms or conditions as Council may prescribe. The
decision of Council is final and binding upon the applicant or any license.
d)
In making its determination, Council may have regard for the following:
i.
Whether the applicant or licensee and the premises, facilities, equipment,
vehicles and other personal property used or kept for hire in connection
with the carrying on of the business comply with all requirements of this
by-law;
ii.
Whether the applicant or licensee has failed to promptly remedy any
concern with regard to those matters set out in this by-law or has
committed past breaches of this by-law;
iii.
Whether the applicant or licensee has failed to comply with any
requirements of any other applicable by-law of the Township or any local
board thereof or of any statute, order-in-council or regulation of the
Provincial Legislature or the Parliament of Canada or of any Agency,
Board or Commission thereof, in, upon or in connection with the business
or the premises, facilities, equipment, vehicles and other property used or
kept for hire in connection with the business;
iv.
Whether the applicant or licensee has any fines (due and unpaid for fifteen
days or more) imposed under the Provincial Offences Act for the
contravention of the applicable section of this by-law under which the
license was granted;
v.
Whether all property takes due on the premises used in connection with
the business or owned by the applicant have been paid; and
vi.
Whether all water and/or sewer accounts due on any premises used in
connection with the business or owned by the applicant have been paid
have been paid.
vii.
Whether the applicant or property owner has any outstanding fines or fees
owning to the Township.
viii.
Whether the owner or applicant is currently in contravention of any other
municipal by-law.
ix.
Whether there is reason to believe that the conduct of the Licensee
affords reasonable grounds or belief that the person will not carry on or
engage in the business in accordance with the law, or with honesty or
integrity.
5.18.
Hearing Procedure
The Clerk shall fix a date and time for such matter to be considered by
Council and shall mail a Notice of Hearing to the licensee (at the last
address as shown in the records of the Issuer of Licenses or the current
year's assessment roll) and to any other person who has applied to be
heard with regard to the matter.
a)
Notice shall be mailed at least fifteen (15) days prior to the date and time
fixed for the hearing.
b)
At the hearing Council shall receive a report, either verbally or in writing,
from the Issuer of Licenses and from such other officers and employees of
the Township as required by Council.
c)
At the hearing the licensee, either personally or through an agent or
solicitor, shall be afforded an opportunity to present material and evidence
relevant to the issue before Council, and may ask questions of any person
presenting evidence or a report to Council relevant to the issue.
d)
Council may afford any other person who applied to be heard and who, at
the discretion of Council, has an interest in the matter under discussion,
may be granted an opportunity to present material and evidence relevant
to the issue before Council and to ask questions on any person presenting
evidence or a report to Council relevant to the issues.
e)
A quorum of Council shall be a majority of the whole number of the
members of Council. A decision by a majority of Council shall be final.
f)
After having heard all of the evidence and submissions made by the
applicant/licensee and the Issuer of Licenses, Council may resolve into
Closed Session to debate the matter and make a decision.
g)
The decision made by Council in Closed Session shall be confirmed in
open Council by Resolution immediately following the Closed Session,
and a certified copy of such resolution shall be mailed to the licensee, to
any person who has appeared before Council and requested that a copy
of the resolution be provided to them, and to the Issuer of Licenses.
5.19.
General
a)
No person shall engage in, or continue to conduct, or permit any person to
engage in or continue to conduct, a business for which a license is
required under this by-law while such license is suspended, revoked or
expired.
b)
Every person engaging in any business for which they are required to be
licensed by the provisions of this by-law shall be responsible to comply
with all the terms of this by-law.
c)
For the purposes of this by-law, a business shall be deemed to be carried
on within the municipality if any part of the business occurs within the
municipality, even if the business is carried on from a location outside the
municipality.
d)
In addition to the authority provided in the Municipal Act, and subject to
the Theatres Act and the Retail Business Holidays Act, the Council of a
local municipality may pass by-laws for the licensing, regulating and
governing any business carried on within the municipality.
7.
Administration
This by-law shall be administered by the Clerk as the Issuer of Licenses,
or their duly authorized representative.
8.
Validity
Should any section, subsection, clause, paragraph, schedule or provision
of this by-law be declared by a court of competent jurisdiction to be invalid,
the same shall not affect the validity of the by-law as a whole.
9.
Enforcement
This by-law shall be enforced by Township's By-Law Enforcement Officers
and the Huronia West Detachment of the Ontario Provincial Police.
10.
Offences and Penalties
10.1.
Any person who contravenes any provision of this by-law unless otherwise
provided herein is guilty of an offence.
10.2.
Each day that a breach of this by-law continues shall constitute a separate
offence.
10.3.
Where an owner is convicted of knowingly carrying on or engaging in a
trade, calling, business or occupation on, in, or in respect of any premises
or part thereof without a license required by a by-law passed under the
Municipal Act, 2001, the Court shall order that the premises or part thereof
be closed to any use for any period not exceeding two years.
10.4.
Where a person is convicted of a contravention of a by-law passed under
Section 15 through 165 of the Municipal Act, 2001, the Court may order
that the premises or part thereof be closed to any use for any period not
exceeding two years.
11.
Force and Effect
11.1.
This by-law shall come into force and take effect on and from the day it is
finally passed by Council and unless earlier revoked.
11.2.
Any license already issued for 2008 shall remain in effect under the by-law
under which it was issued.
11.3.
Any new license issued between the date of the passing of this by-law and
the end of 2008 shall be subject to the provisions contained within this by-
law.
11.4.
Every license issued under this by-law shall expire at 12:00 midnight on
December 31 of the year for which the business license was issued.
12.
Applications
12.1.
Any person providing false information in any application pursuant to this
by-law is guilty of an offence.
12.2.
Any person who is issued a license pursuant to this by-law shall report any
change in information to the Issuer or Licenses with fifteen (15) business
days of such change.
12.3.
The granting of a license shall not in any way, be deemed to be a waiver
by the Township of compliance with any other applicable by-laws of the
Township or any other legislation.
13.
Existing By-Laws
13.1.
Nothing in this by-law shall override the provision of The Township of
Springwater Zoning By-law.
13.2.
By-laws 2001-005, 2001-025, 2005-072, 2006-002 and 2006-031 are
hereby repealed and replaced.
14.
Effective Date
This by-law shall come into force upon the final passing thereof.
Read a first, and taken as read a second and third time and finally passed this
First day of December 2008.
(Original Signed By)
Tony Guergis, Mayor
(Original Signed By)
Carol O. Trainer, Clerk
Schedule "1"
To By-law 2008-118
Kennel & Boarding Kennel Licenses
1.
Application Requirements
1.1.
Commercial Breeding Kennel
Every Owner applying for a License for a Commercial Breeding kennel
shall submit the following documentation to the Issuer of Licenses:
a)
Proof of active membership in the Canadian Kennel Club or any other
Association incorporated under the Animal Pedigree Act (Canada) or any
other similar National Association; proof of registration with a recognized
Canadian breeding organization; or licenses issued by a Government
agency; and
b)
Written clearance from the Ontario Society for Protection of Cruelty to
Animals (O.S.P.C.A.) or a Veterinarian assuring compliance with Section 4
of this Schedule, with any associated costs borne by the applicant; and
c)
A site plan drawn to scale showing the location of all buildings or
structures on the subject property, including the location of all buildings or
structures to be used for Kennel purposes. The site plan must also specify
the distance which separates the Kennel buildings, structures, dog runs
and facilities from all property lines and all buildings, including any
residential buildings situated on the adjacent properties. In addition to the
foregoing, new Commercial Breeding Kennels require Site Plan Approval
under the Planning Act; and
d)
A list of all dogs to be kept at the subject property, including both
purebreds and non-purebreds, and valid certification of current rabies
vaccination in compliance with the Health and Protection Act, Rabies
Immunization, Regulation 567 R.R.O. 1990, as amended for each dog on
the premises; and
e)
As applicable, the Commercial Breeding Kennel License Fee as set out in
Appendix "B" of this by-law; and
f)
Sworn Declaration by the Owner that they have never been convicted
under Section 446 of the Criminal Code of Canada pertaining to animal
cruelty; and
g)
Proof of insurance by way of a Certificate of Insurance showing a
minimum limit of $2,000,000 (Two Million Dollars) in General Liability
naming the Township as additionally insured; and
h)
In the case of an application by a new owner, clearance from the
Department or agency responsible for septic system approvals that the
waste will be handled with a Class 1 septic system in accordance with the
Ontario Building Code or an approved alternative. Such clearance is not
required for any annual renewal thereafter.
1.2.
Hobby or Domestic Animal Boarding Kennel
Every Owner applying for a License for a Hobby or Boarding Kennel shall
submit the following documentation:
a)
A site plan drawn to scale showing the location of all buildings or
structures, on the subject property, including the location of all buildings,
structures, dog runs or facilities to be used for a Hobby or Boarding
Kennel. The site plan must also specify the distance which separates the
Kennel from all property lines and all buildings, including any residential
buildings situated on the adjacent properties. All Boarding Kennels require
Site Plan Approval under the Planning Act; and
b)
Written clearance from the O.S.P.C.A. or a Veterinarian assuring
compliance with Section 4 of this Schedule and including concurrence with
the proposed site plan, with any associated costs borne by the applicant,
and
c)
Hobby or Boarding Kennel License Fee as set out in Appendix "B" of this
by-law; and
d)
Sworn declaration by the Owner that he has never been convicted under
Section 446 of the Criminal Code of Canada pertaining to animal cruelty;
and
e)
Proof of insurance by way of Certificate of Insurance showing a minimum
limit of $2,000,000 (Two Million Dollars) in General Liability naming the
Township additionally insured; and
f)
Clearance from the Department or agency responsible for septic system
approvals that the waste will be handled with a Class 1 septic system in
accordance with the Ontario Building Code or an approved alternative.
Such clearance is not required for any annual renewal thereafter.
g)
A list of all dogs to be kept at the subject property, including both
purebreds and non-purebreds, and valid verification of current rabies,
vaccination in compliance with the Health and Protection Act, Rabies
Immunization, Regulation 567 R.R.O. 1990, as amended for each dog on
the premises.
2.
Processing of Applications
2.1.
Prior to the issuance of any License, the Issuer of Licenses shall obtain
municipal clearance from:
a)
The M.L.E.O. that there are no outstanding by-laws infractions; and
b)
That a site inspection has been conducted to verify the information on the
site plan and, in the case of a Kennel, the number of dogs at the subject
Kennel.
2.2.
The Zoning Administrator that the site plan and type of Kennel meets the
applicable zoning requirements and is in compliance with the approved
Site Plan under the Planning Act where applicable.
3.
Changes to Site Plan
3.1.
After the issuance of a License, the Owner shall apply in writing to the
Issuer of Licenses for approval of any changes which would alter the Site
Plan filed with the License application. Said application for changes shall
include a revised site plan and where applicable, an application under the
Planning Act.
3.2.
Upon receipt of a revised site plan, the Issuer of Licenses shall obtain the
municipal clearances as set out in Section 1 of this Schedule and may
consult with the Humane Society or Veterinarian if deemed appropriate.
3.3.
Upon receipt of a revised site plan, the Issuer of Licenses may consult
with the from the Department or agency responsible for septic system
approvals to ensure that the waste will be handled with a Class 1 septic
system in accordance with the Ontario Building Code or an approved
alternative, if deemed appropriate.
3.4.
Upon receipt of a revised site plan, the Issuer of Licenses shall consult
with the Zoning Administrator, if the plan is amended under the Planning
Act.
3.5.
Notice of approval or refusal of a site plan change shall be given by the
Issuer of Licenses in writing by registered mail or personal delivery. In the
event that the site plan is under the Planning Act, notice shall also be
given to the Zoning Administrator.
3.6.
In the event that the revised site plan is refused, the Owner may apply for
a hearing before Council following the procedures set out in this By-law. In
the event that the site plan is under the Planning Act, the Applicant's right
to appeal is set out under that Act.
4.
Minimum Standards
4.1.
All Kennels and Boarding Kennels shall comply with the following
minimum standards:
a)
Every Kennel or Boarding Kennels shall be of sufficient space to allow the
dogs or domestic animals kept therein to stand erect and be comfortable,
and shall have no less than 2.3 square metres (25 sq. ft.) of floor area per
dog or domestic animal which may be increased in accordance with the
size of the dog or decreased in accordance with the size of any other
domestic animal using reasonable judgement and approved by the
Humane Society or Veterinarian; and
b)
Each dog run shall have a minimum floor area of 3.0 square metres (32
sq. ft.). In the case of runs for domestic animals, the minimum floor area
may be decreased in accordance with the size of the intended domestic
animal using reasonable judgement and approved by the Human Society
or Veterinarian; and
c)
Every Kennel or Boarding Kennel shall provide an adequate constant
supply of portable water for each animal's consumption; and
d)
Every Kennel or Boarding Kennel shall be kept in a sanitary, well-
ventilated condition and free from offensive odours, disease and vermin.
Animal faeces shall be removed daily; and
e)
The Owner of a Kennel or Boarding Kennel shall maintain at all times
compliance with the Township Waste Control By-law, the Health
Protection and Promotion Act and/or other applicable legislation governing
waste disposal; and
f)
No owner of a Hobby Kennel shall own, harbour or possess more than 7
dogs on the Licensed property; and
g)
No owner of a Commercial Breeding Kennel shall own, harbour or
possess more than 30 dogs of the Licensed property.
5.
Confinement and Control of Domestic Animals
5.1.
All dogs or domestic animals shall be confined inside the Kennel or
Boarding Kennel building during the hours of 10:00 p.m. to 7:00 a.m.
5.2.
The Owner of a Kennel or Boarding Kennel shall maintain control of all
dogs or domestic animals under his care at all times.
5.3.
The Owner of a Kennel or Boarding Kennel shall maintain compliance with
the Township By-laws at all times.
6.
Restrictions on Dwelling Units
6.1.
No person shall attach a Commercial Breeding Kennel or Boarding Kennel
to any dwelling unit.
6.2.
No person shall locate a Commercial Breeding Kennel or Boarding Kennel
within any part of any dwelling unit.
6.3.
No person shall use part of any building or structure enclosing a
Commercial Breeding Kennel or Boarding Kennel for human habitation.
7.
Complaints
7.1.
In the event that a complaint is received by the Issuer of Licenses that the
Owner is not in compliance with the Minimum Standards set out in Section
4 of this Schedule:
a)
The Animal Control Officer shall be directed to investigate the matter and
report to the Issuer of Licenses; and
b)
Upon receipt of the Animal Control Officer's Report, the Issuer of Licenses
may, at the Owner's expense request that the Humane Society or
Veterinarian reinspect and provide a current/valid approval; and
c)
Upon receipt of the Animal Control Officer's Report, the Issuer of Licenses
may, at the Owner's expense request that the Department or other agency
responsible for public health and/or septic system approvals provide
current/valid approval; and
d)
In the event that the Owner is found in contravention of the Township
Waste control By-law, the Health Protection and Promotion Act, or other
applicable legislation governing waste disposal, the governing agency
may take whatever action is deemed appropriate under the provisions of
the applicable Act; and
e)
In the event that the Owner is unable or unwilling to obtain a current/valid
approval from the Humane Society or Veterinarian, or Department or other
agency or department responsible for public health and/or septic system
approvals, where applicable, the Issuer of Licenses shall revoke the
License under this By-law.
7.2.
In the event that a complaint is received by the Issuer of Licenses that the
Owner is not in compliance with the Confinement and Control provisions
set out in Section 5 of this Schedule:
a)
The Animal Control Officer shall be directed to investigate the matter and
report to the Issuer of Licenses; and
b)
In the event that the Owner is found in contravention of the Dog Control
By-law, the Animal Control Officer may take whatever action is deemed
appropriate under the provisions of the applicable by-law; and
c)
In the event that the Owner is unable or unwilling to comply with the
provisions of Section 5, the Issuer of Licenses shall retain the right to
revoke the License under this By-law.
7.3.
An Animal Control Officer:
a)
Has the power to enter upon and examine any building, structure, run or
facility, or part thereof, used for Kennel or Boarding Kennel purposes at
reasonable time or times without notice; and
b)
Shall, in the case of a Hobby Kennel located within or as part of a
residential unit, obtain the Owner's permission, such permission not to be
unreasonably withheld; and
c)
May be accompanied by such other person or persons as they deem
necessary to properly carry out their duties under this By-law; and
d)
Shall request proof of CKC membership at any time if deemed necessary;
and
e)
Shall request the OSPCA to inspect the kennel at the expense of the
owner if deemed necessary.
7.4.
In the event that a complaint is processed under Section 7, the owner
shall, in addition to the License Fee, pay the following:
a)
For the first complaint in a licensing year, no additional fee; and
b)
For the second or subsequent complaint in a licensing year where the first
complain was determined to be valid, a user fee of $120 per complaint for
administrative and inspection services plus a $60 re inspection fee; and
c)
For the second or subsequent complaint in a licensing year where the first
complaint was determined to be invalid, no additional fee and the user fee
of $120 per complaint shall be paid in advance by the complaint.
7.5.
In addition to the offense provisions of this By-law, the Township will be
seeking any costs associated with the prosecution of a complaint or
breach of this By-law and Schedule.
8.
Refund of License Fee
8.1.
Upon receipt of a written request by the applicant the Issuer of Licenses
may issue a refund of all or a portion of the License Fee on the following
basis:
a)
In the event that an application for a Kennel or Boarding Kennel License is
refused, the refund shall equal the enforcement portion of the License
Fee; and
b)
In the event that the Zoning application is refused for a new Hobby
Kennel, Breeding Kennel or Boarding Kennel, the refund shall equal the
Total License Fee; and
c)
In the event that an application for a new Hobby Kennel does not meet the
zoning requirements, the refund shall equal 50% of the Total License Fee;
and
d)
In the event that an application for a new Commercial Kennel or Boarding
Kennel is withdrawn together with the applications for both zoning and site
plan, the refund shall equal 50% of the Total License Fee; and
e)
In the event that a License has been issued or the application is for a
renewal, no refund will be given.
9.
General
9.1.
Exemption from Dog Tags and 3 Dog Limit
Upon the issuance of a License under this By-law, the Owner shall be
exempt from the purchase of dog tags under the Dog Licensing and
Control By-law for all dogs in a Kennel or dogs in a Boarding Kennel.
Notwithstanding the foregoing, the Owner of a Boarding Facility shall not
be exempt from the purchase of dog tags or the 3 dog limit in respect of
any dogs owned by the Owner unless the Owner holds a valid Kennel
License for the subject property. The three dog limit shall apply where the
boarding of one (1) domestic animal is permitted and no Boarding Kennel
License is required.
9.2.
Pit Bulls Banned
No License shall be issued for the breeding of Pit Bulls or any associated
breeds as defined in the Dog Owners' Liability Act, R.S.O. 1990 as
amended.
Schedule "2"
To By-law 2008-118
Seasonal Recreational Campground and Seasonal
Park Model Campground Licenses
1.
Application Requirements Seasonal Recreational
Campground & Seasonal Park Model Campground
1.1.
Every Owner applying for a license for a Seasonal Recreational
Campground shall submit the following documentation to the Issuer of
Licenses:
a)
The completed application form; and
b)
The applicable License Fee as set out in Appendix "B" attached to this by-
law; and
c)
Proof of Zoning clearance; and
d)
Proof of Building Department clearance; and
e)
Proof of By-law Department clearance; and
f)
Proof of Fire and Emergency Services clearance; and
g)
Proof of Health Unit clearance must be given; and
h)
A Certificate of Insurance showing General Liability naming the Township
as additionally insured the amount set out in the applicable Schedule; and
i)
A campground plan under Section 6. In addition to the foregoing, new
campgrounds require Site Plan Approval under the Planning Act.
2.
Processing of License Applications
2.1.
Prior to the issuance of any License, the Issuer of Licenses shall obtain
municipal clearance providing verification that:
a)
There are no outstanding property taxes or fines from the previous year;
and
b)
There are no outstanding by-law infractions from the previous licensing
year; and
c)
There are no outstanding permits and/or inspections from the previous
licensing year; and
d)
That a site inspection has been conducted to verify the information on the
site plan; and
e)
There are no outstanding fire code infractions from the previous licensing
year; and
f)
That a site inspection has been conducted to ensure the campground
meets the appropriate standards.
2.2.
The site plan and type of Seasonal Recreational Campground meets the
applicable zoning requirements and is in compliance with the approved
Site Plan under the Planning Act where applicable.
2.3.
The Health Unit and/or Building Department and/or Ministry of the
Environment has provided clearance that the necessary sewage and
water inspections have been completed and approved.
3.
Revisions to Campground Plan or Site Plan
3.1.
After the issuance of a License the Owner shall apply in writing to the
Issuer of Licenses for approval of any revisions which would alter the
campground Plan filed with the License application. Any application for
revisions shall include a revised site plan and, where applicable, an
application under the Planning Act.
3.2.
Upon receipt of a revised campground plan, the Issuer of Licenses shall
obtain the municipal clearances as set out in Section 2 of this Schedule.
3.3.
Upon receipt of a revised campground plan, the Issuer of Licenses shall
consult with the Zoning Administrator, in the event that a site plan is
required under the Planning Act.
3.4.
Notice of approval or refusal of a revised campground plan shall be given
by the Issuer of Licenses in writing by registered mail or by personal
delivery. In the event that the site plan falls under the Planning Act, notice
shall also go to the Zoning Administrator.
3.5.
In the event that a campground plan is refused, the Owner may apply for a
hearing before Council following the procedures set out in this By-law. In
the event that the site plan is under the Planning Act, the Applicant's right
to appeal is set out under that Act.
4.
Regulation of Seasonal Recreational Campground
4.1.
Every Seasonal Recreational Campground operated within the Township
of Springwater shall:
a)
Operate on lands properly zoned under the Zoning By-law, for the
particular use covered by the proposed license; however, nothing in this
section shall prevent the use of any lands for purposes of a campground
as defined herein provided that such use was legally established under
the Zoning By-law in existence at the time of the establishment of the use
and that has continued in use interrupted since the time of being
established. The exception contained within this section shall only extend
to that portion of the lands actually being occupied and used for the citing
of tents and recreational vehicles on the day of coming into force of
Springwater By-law No. 95-099 being the 20th day of November, 1995.
4.2.
Operate in accordance with a campground plan prepared for the lands, or
such portion thereof as the Council shall designate, and filed with the
Township's Issuer of Licenses. Without limiting the generality of the
foregoing, campground plans shall show the following items:
a)
The number and size of any permanent structures; and
b)
The actual size, and the arrangement of sites within the campground and
a numbering system for same; and
c)
The precise location within any site of any park model trailer that may be
located thereon and the nature of its use, location and specifications for
any additions to a park model trailer and the location of any accessory
structures on the same site; and
d)
The size, arrangement, and surface treatment of means of ingress and
egress, all internal roads, parking and storage areas; and
e)
Maximum number of units and minimum landscaped open space for the
campground; and
f)
Drainage as it relates to any natural or man made water courses on or
adjacent to the property; and
g)
Provisions with respect to any floodlighting and signage.
4.3.
Be open for operation from May 1st to November 1st in each year. During
the closed periods, only such buildings, structures and services as are
required to maintain the structural integrity of the buildings and structures
on such sites shall remain operational.
4.4.
Operate in accordance with all applicable laws of the Province of Ontario,
the County of Simcoe and the Township of Springwater, and only in
accordance with current/valid approvals issued by all of the applicable
authorities. Without limiting the generality of the foregoing, such approvals
shall include the approval of the local Fire Chief with respect to the
presence of appropriate fire prevention facilities and including facilities for
effective fire fighting, approvals from the Township Building Department,
Simcoe Muskoka District Health Unit and the Ministry of the Environment
with respect to sewage disposal systems, potable water supply and
distribution systems, including any underground piping necessary for
communal water and sewage systems.
4.5.
Operate following the issuance of a license by the Township shall only be
issued following certification by the Issuer of Licenses, that the
campground meets the criteria set out in this By-law and that there are no
outstanding infractions, taxes, fees or fines with respect to the operation of
same.
4.6.
No person shall construct any structure, addition, or add on any kind of
any site unless:
a)
The add on has been specifically manufactured for a park model trailer or
recreational vehicle; and
b)
In the case of a deck, such deck must be built so it is capable of being
moved or relocated to another location if required, and shall not exceed
75% of the length of the main unit or the length of the add-on is to be used
with; and
c)
No permanent canopies of any kind, extending from the unit, whether or
not they cover the deck are permitted, unless same are specifically
manufactured for a park model trailer or recreational vehicle; and
d)
No patio, walkways or steps may be located on any site unless same are
capable of being removed if required; and
e)
Any existing canopies installed at the time of the passing of Springwater
By-law No. 95-099 being the 20th day of November, 1995 shall be
exempted from section 4.6 (c) of this by-law.
5.
Regulation of Seasonal Park Model Trailer Campground
5.1.
Seasonal Park Model Trailer Campgrounds operated within the Township
of Springwater shall:
a)
Operate on lands properly zoned under the Zoning By-law, for the
particular use covered by the proposed license; however, nothing in this
section shall prevent the use of any lands for purposes of a campground
as defined herein, provided that such use was legally established under
the Zoning By-law in existence at the time of the establishment of the use
and that has continued in use interrupted since the time of being
established. The exception contained within this section shall only extend
to that portion of the lands actually being occupied and used for the citing
of tents and recreational vehicles on the day of coming into force of
Springwater By-law No. 95-099 being the Twentieth day of November,
1995.
5.2.
Shall only operate in accordance with a campground plan prepared for the
lands, or such portion thereof as the Council shall designate, and filed with
the Township's Issuer of Licenses. Without limiting the generality of the
foregoing, campground plans shall show the following items:
a)
The number and size of any permanent structures; and
b)
The actual size, and the arrangement of sites within the campground and
a numbering system for same; and
c)
The precise location within any site of any park model trailer that may be
located thereon and the nature of its use, location and specifications for
any additions to a park model trailer and the location of any accessory
structures on the same site; and
d)
The size, arrangement, and surface treatment of means of ingress and
egress, all internal roads, parking and storage areas; and
e)
Maximum number of units and minimum landscaped open space for the
campground; and
f)
Drainage as it relates to any natural or man made water courses on or
adjacent to the property; and
g)
Provisions with respect to any floodlighting and signage.
5.3.
Permit the use of its sites for park model trailers only.
5.4.
Only permit any particular site within the licensed area to be occupied for
a maximum of 270 days per year.
5.5.
Operate in accordance with all applicable laws of the Province of Ontario,
the County of Simcoe and the Township of Springwater, and only in
accordance with current/valid approvals issued by all of the applicable
authorities. Without limiting the generality of the foregoing, such approvals
shall include the approval of the local Fire Chief with respect to the
presence of appropriate fire prevention facilities and including facilities for
effective fire fighting, approvals from the Township Building Department,
Simcoe Muskoka District Health Unit and the Ministry of the Environment
with respect to sewage disposal systems, potable water supply and
distribution systems, including any underground piping necessary for
communal water and sewage systems.
5.6.
Only operate following the issuance of a license by the Issuer of Licenses
which license shall only be issued following certification by the Issuer of
Licenses, that the campground meets the criteria set out in this By-law
and that there are no outstanding infractions, taxes, fees or fines with
respect to the operation of same.
5.7.
No person shall construct any structure, addition, or add on any kind on
any site unless:
a)
The add on has been specifically manufactured for a park model trailer;
b)
In the case of a deck, such deck must be built so it is capable of being
moved or relocated to another location if required, and shall not exceed
75% of the length of the main unit or the length of the add on it is to be
used with;
c)
No permanent canopies of any kind extending from the unit are permitted,
whether or not they cover the deck, unless they are specifically
manufactured for a park model trailer;
d)
No patio, walkways or steps may be located on any site unless such items
are capable of being removed if required; and
e)
Any existing canopies installed at the time of the passing of 5.7 (c) of this
by-law.
6.
Books, Records and Right of Inspection
6.1.
The license holder shall maintain a set of records that show the name,
home address and telephone number and fee paid for the season of each
occupant.
6.2.
In the case of a Seasonal Park Model Trailer Campground License the
records shall also include the name, home address and home phone
number of the owner or occupant of each unit, and the number of days
during the license year that the unit was occupied.
6.3.
All records required to be kept under this By-law shall be kept at the head
office of the owner of the campground, or at the office located on the site,
and shall be open for inspection by authorized officials of the Township at
all reasonable times.
7.
Suspension and Revocation of License
7.1.
Council reserves the right to suspend, cancel or revoke a license where:
a)
There has been a failure to operate in accordance with the terms and
conditions set out in this By-law; or
b)
In the opinion of Council it is in the public interest to do so; or
c)
A license holder fails to maintain the records set out in Section 6 of this
Schedule, and/or fails to produce such records for inspection by
authorized officials of the Township upon demand.
7.2.
An Inspector under this By-law:
a)
Has the power to enter upon and examine any land or premises being
used or purported to be used as a campground within the Township of
Springwater at any reasonable time or times; and
b)
May be accompanied by such other person or persons as they deem
necessary to properly carry out their duties under this By-law.
8.
Complaints
8.1.
In the event that a complaint is received by the Issuer of Licenses which
alleges that the Owner is not in compliance with Sections 4 and 5 of this
Schedule:
a)
The By-law Enforcement Officer shall be directed to investigate the matter
and report to the Issuer of Licenses;
b)
Upon receipt of the By-law Enforcement Officer's Report, the Issuer of
Licenses may request, at the Owner's expense, that the Department or
other agency responsible for public health and/or septic system approvals
provide an up-to-date approval;
c)
In the event that the Owner is found to be in contravention of the Waste
Control By-law, the Health Protection and Promotion Act, or other
applicable legislation governing waste disposal, the governing agency
may take whatever action is deemed appropriate under the provisions of
the applicable Act;
d)
In the event that a complaint is processed under Section 8, the owner
shall, in addition to the License Fee, pay the following:
i.
For the first complaint in a licensing year, no additional fee;
ii.
For the second or subsequent complaint in a licensing year where the first
complaint was determined to be valid, a user fee of $120 per complaint for
administrative and inspection services plus a $60 re inspection fee;
iii.
For the second or subsequent complaint in a licensing year where the first
complaint was determined to be invalid, no additional fee and the user fee
of $120 per complaint shall be paid in advance by the complaint.
e)
In addition to the offense provisions of this By-law, the Township will be
seeking any costs associated with the prosecution of complaint or breach
of this By-law and Schedule.
9.
Refund of License Fee
Upon receipt of a written request by the Applicant, the Issuer of Licenses
may issue a refund of all or a portion of a License Fee on the following
basis:
a)
In the event that an application for a Campground License is refused, the
refund shall equal the 50% of the License Fee.
b)
In the event that both the Zoning application and Site Plan are refused for
a new Campground License, the refund shall equal the total License Fee.
c)
In the event that the application for a new Campground does not meet the
zoning requirements, the refund shall equal 50% of the Total License Fee.
d)
In the event that an application for a new Campground is withdrawn,
together with the applications for both zoning and site plan, the refund
shall equal 50% of the Total License Fee.
e)
In the event that a License has been issued or the application is for a
renewal, no refund will be given.
10.
Licensing Period
Every License issued pursuant to this Schedule shall expire in the Thirty
First day of December of the year it was issued.
Schedule "3"
To By-law 2008-118
Refreshment Vehicle License
1.
Requirements for Annual Refreshment Vehicle License
1.1.
An application for an Annual License under this By-law shall be made in
the form provided by the Township.
1.2.
Each Annual License application shall be accompanied by the following:
a)
Annual Inspection Report from Simcoe County District Health unit; and
b)
Inspection for Gas and/or Propane Installation by a Licensed Contractor
dated within six (6) months, where applicable; and
c)
Annual Clearance from the Road Authority, where applicable, being:
i.
Ministry of Transportation Ontario if the proposed location is on a
Provincial Highway, or
ii.
County of Simcoe Engineering Department if the proposed location is on a
County Road, or
iii.
Township of Springwater Deputy Director or Public Works Superintendent
if the proposed location is on a Township Road
d)
Proof of a minimum of $2,000,000 (two million dollars) commercial liability
Insurance naming the Township as additionally insured,
e)
Site diagram, drawn to scale showing the location of the proposed
refreshment vehicle on the property including setbacks from the adjacent
property lines, the proposed location of all signage and garbage/recycling
containers, fencing and entrances/exits where applicable.
f)
Letter of permission from the property owner, where the operator is not the
owner of the property.
g)
Applicable fee in accordance with Appendix "B", attached hereto and
forming part of this By-law.
h)
Current inspection report from Township Fire Official, including conformity
with the general provisions of this By-law where applicable; and
i)
Annual Clearance from Zoning Administrator
1.3.
No Annual License shall be issued for any refreshment vehicle located
within 300 metres of any restaurant or similar prepared food service
establishment in the Township.
1.4.
Where the application has met all of the above noted licensing
requirements, the Issuer of Licenses shall issue an Annual License.
1.5.
An Annual License for a refreshment vehicle may only be issued for one
designated property in the Township per licensing year.
1.6.
Notwithstanding Section 1.5, an annual license for a Coffee Truck or Ice
Cream Cart may be issued for a designated area within the Township of
Springwater, provided that the designated area is defined with the
application and the owner of the property or builder or developed has
provided approval.
1.7.
An Annual License may not be transferred to another property in the
Township for the balance of a licensing year. If an operation changes
ownership a new application is required.
1.8.
All Annual Licenses shall expire on the Thirty First day of December of the
year it was issued.
2.
Temporary Event Refreshment Vehicle License
Requirements
2.1.
An application for a Temporary Event License under this By-law shall be
made in the form provided by the Township.
2.2.
Each Temporary Event License application shall be accompanied by the
following:
a)
Annual Inspection Report from Simcoe County District Health Unit; and
b)
Semi-Annual Inspection for Gas and/or Propane Installation by a Licensed
Contractor, where applicable; and
c)
Proof of a minimum of $2,000,000 (two million dollars) commercial liability
insurance naming the Township as additionally insured,
d)
Applicable fee in accordance with Appendix "B", attached hereto and
forming part of this By-law
e)
Annual Inspection Report from Township Fire Official, including conformity
with the general provisions of this By-law, where applicable.
2.3.
Where the application has met all of the above noted licensing
requirements, the Issuer of Licenses shall issue a Temporary Event
License.
2.4.
In the event that an operator applies for a second or subsequent Event
License for the same refreshment vehicle in any licensing year and the
approvals on file with the previous application are dated within six (6)
months, the operator is exempted from the application requirements under
Subsection 2.2 a) (Health Unit approval) Section 2.2 b) (Gas/Propane
Inspection) and Subsection 2.2) (Fire Inspection).
2.5.
All Temporary Event Licenses shall be valid for a period of up to 72 hours
as specified on the license and are not transferrable to any other event or
date without written permission of the Issuer of Licenses.
2.6.
Temporary Event Licenses may only be issued for the purpose of an
auction, community festival, fair, charitable event or sports tournament.
2.7.
A license issued under this Section does not exempt the operator from
obtaining Health Unit approval and/or an inspection, or any other
requirements such as fire extinguishers as may be required by the Fire
Official.
3.
General Provisions
3.1.
No refreshment vehicle shall sell or offer for sale refreshments to the
public while situated, standing or parked located in a Township park or on
a public road allowance or other public property within the Township,
unless in conjunction with a Council authorized event or under lease
agreement with the owner.
3.2.
Notwithstanding Section 3.1 above, an ice cream cart may sell or offer for
sale refreshments to the public while situated, standing or parked located
on a public road allowance provided that such activity does not take place
on the travelled portion of the road and does not interfere with, or obstruct,
traffic.
3.3.
All refreshment vehicles containing commercial cooking equipment such
as deep fryers shall be designed, constructed, installed and inspected in
conformity with MFPA 96, "Installation of Equipment for the Removal of
Smoke and Grease Laden Vapours from Commercial Cooking
Equipment."
3.4.
Every license issued under this By-law shall be displayed in a
conspicuous location on the vehicle and shall be produced on demand for
the Issuer of Licenses, a Municipal Law Enforcement Officer or an agent
or inspector of any approval agency.
3.5.
No structure, whether attached or unattached, shall be constructed
immediately adjacent to a refreshment vehicle.
3.6.
Notwithstanding Section 3.5, a detached deck may be constructed
adjacent to a refreshment vehicle provided that the Chief Building Official
has provided written approval, and:
a)
Such deck is less than 0.6 metres in height; and
b)
Such deck is less than 10 square metres in area; and
c)
Such deck does not extend beyond, or wrap around, the refreshment
vehicle.
Schedule "4"
To By-law 2008-118
Auctioneer License
1.
Application Requirements
1.1.
Every person who wishes to carry on business as an Auctioneer within the
Township of Springwater on an annual or one time only basis shall
complete and submit the necessary application form together with the
prescribed fee for an Annual License as set out in Appendix "B" attached
hereto and forming part of this By-law. If the Applicant intends to carry on
business at a designated location within the Township, the location shall
be identified on the application form.
1.2.
An Annual License issued under this Section shall be valid for the
remainder of the calendar year in which said License is issued and shall
expire on December 31st of that year. The applicable fee shall apply for an
Annual License issued throughout the year and shall not be pro-rated.
1.3.
A license issued under this Section shall be valid for the date and location
listed on the application and is not transferrable to any other auction
unless the applicant as notified the Issuer of Licenses of the additional
auctions. No refund shall apply if an auction is cancelled. It is the license's
responsibility to notify the Township of the various locations when the
auction is taking place.
1.4.
Proof of a minimum of $2,000,000 (two million dollars) commercial liability
Insurance naming the Township as additionally insured.
2.
Regulations
2.1.
Every Auctioneer licensed under this By-law shall, at each auction within
the Township, prominently display (or carry for presentation if requested)
the License, or a true copy thereof.
2.2.
Every Auctioneer licensed under this By-law shall include in all public
advertisements of any nature for an auction within the Township, the
Auctioneer's name and License Number.
2.3.
No Auctioneer license under this By-law shall:
a)
Permit any disorder in the auction room or offices;
b)
Conduct or permit to be conducted any mock auction;
c)
Knowingly make, or permit to be made, any misrepresentation as to the
nature, content, quantity or value of any goods, wares, merchandise or
effects offered for sale;
d)
Give away articles or sell articles for nominal amounts for the purpose of
stimulating bidding;
e)
Do any act that is calculated to, or which may reasonably have the effect
of, confusing a purchaser as the amount to be paid for any article(s);
f)
Avail the services of, or act in concert with, persons known in the trade as
"beaters", "boosters" or "shill" for the purpose of raising or stimulating bids;
g)
Sell or put up for sale by auction of goods, wares, merchandise or effects
held on a reserve bid basis without first announcing to those in
attendance.
2.4.
Every Auctioneer licensed under this By-law shall:
a)
Keep proper books of account of the business transacted at every auction;
b)
List the names, addresses and phone numbers of the owners of the
goods, wares, merchandise or effects to be sold, and the description of
same and the sale price at the auction;
c)
List the names and addresses of persons purchasing goods, wares,
merchandise or effects, or any portion thereof, sold by auction and the
purchase price.
d)
Forthwith after the auction account for the proceeds and pay such
amounts to the persons entitled to such proceeds, less the Auctioneer's
legal and proper commissions and charges.
e)
In the case where no sale is made of such goods, wares, merchandise or
effects, return such goods to the person(s) entitled to receive such goods
upon the proper demand and payment of the Auctioneer's legal and
proper costs and charges.
2.5.
No person, other than the Auctioneer to whom a license is issued, shall at
any time use or enjoy such license.
2.6.
Every Auctioneer licensed under this By-law shall be responsible for the
performance and observance of all regulations under this By-law by all
persons connected directly or indirectly to the operation of an auction.
2.7.
Every person carrying on business or engaged in business as an
Auctioneer shall allow the Township or its Officers, at any reasonable
time, to inspect places or premises used in the carrying on of the auction
or its related business and said inspection may include such records as
may be required under this By-law.
3.
Exemptions
3.1.
Notwithstanding this Schedule an Auctioneer License shall not be required
by the following persons:
a)
A sheriff or bailiff offering for sale goods and chattels seized under
execution or distrained for rent;
b)
Service clubs and registered charitable organizations conducting Silent
Auctions and Chinese Auctions;
c)
A person offering for sale goods or wares by auction for the purpose of
raising money for either a religious, charitable, philanthropic or patriotic
purpose.
Category
Schedule
Fee
Hobby or Boarding Kennel
1
$200.00
Commercial Breeding
Kennel (Require proof of
certification and papers)
1
$300.00
Seasonal Recreational
Campground
2
$200.00
Seasonal Park Model
Trailer Campground
2
$200.00
Annual Refreshment
Vehicle License
3
$300.00
Temporary Event
Refreshment Vehicle
License
3
$50.00
Auctioneer
4
$100.00
Reinstatement Following
Revocation
$50.00
Replacement for Lost or
Destroyed License
$15.00
_______
_______
_______
_______
_______
Note: Please see current Fees and Charges By-law for current fees.
Appendix "B"
To By-law 2008-118
Schedule of Fees
____________________