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The Corporation of the Township of Tiny
By-law 06-102
Being a By-Law to Consolidate the Licensing Regulations Within the
Township of Tiny
Passed: October 10, 2006
As Amended / Repealed by By-law Number:
Repealed By / Amended By
By-law No.
Passed on:
Amended by
By-law 21-101
November 24, 2021
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II,,
THE CORPORATION OF THE
TOWNSHIP OF TINY
BY-LAW NUMBER 06-102
BEING A BY-LAW TO CONSOLIDATE THE LICENSING REGULATIONS
WITHIN THE TOWNSHIP OF TINY
WHEREAS Section 150 of the Municipal Act, S.O. 2001, c. 25, as amended,
authorizes the Council of a local municipality to licence, regulate and govern any
business wholly or partly carried on within the municipality even if the business is
being carried on from a location outside the municipality;
AND WHEREAS Section 150(2) of the Municipal Act, S.O. 2001, c.25, as
amended, sets out that except as otherwise provided, a municipality may only
exercise its licensing powers under Section 150, including imposing conditions, for
one or more of the following purposes: Health and Safety, Nuisance Control and
Consumer Protection;
AND WHEREAS Section 155 of the Municipal Act, S.O. 2001, c.25, as amended,
sets out that a Municipality under Section 150 may pass by-laws for licensing,
regulating and governing the owners and drivers of taxicabs and their fares;
AND WHEREAS Section 169 of the Municipal Act, S.O. 2001, c.25, as amended,
authorizes a local municipality to pass by-laws to licence, regulate and govern tourist
camps and trailer camps;
NOW THEREFORE the Council of the Corporation of the Township of Tiny
enacts as follows:
TITLE
I. This by-law shall be known and may be cited as the "Business Licensing By
law."
In the text of the by-law, it is referred to as "this by-law."
DEFINITIONS
2. For the purposes of this by-law:
"Applicant" means a person applying for a licence or a renewal of a licence
under this by-law and in the case of a corporation shall include all present
directors;
"Application" means an application in the form provided by the Licensing
Officer and accompanied by the appropriate fee;
"Charitable or religious organization"
(I) "Organization"- means an organization that exists to benefit the
public at large, not a private group. Therefore, an eligible organization is
considered to be charitable only if no part of its income is paid to or
otherwise made available for the personal benefit of any of its
proprietor( s ), members or shareholders, and if one of the main aims and
normal activities includes projects and undertakings having a charitable
object or purpose.
(2) "Charitable object or purpose" is defim ,d as any object or purpose
that meets the requirements of at least one of the following criteria:
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a .
The Relief of Poverty - to include but is not limited to
assistance to the disadvantaged such as directly providing
funds or goods, providing social services or programs or
facilities aimed at the disadvantaged .
b . Education - to include but not limited to the provision of
opportunity, supplies or facilities . Any purpose that
advances education and makes it available to a sufficient
section of the public such that it is not restricted by any
means would be considered charitable .
c . The Advancement of Religion - to include but is not limited
to the provision and maintenance of places of public
worship as well as other religious objectives . A religious
body is considered charitable when its activities serve
religious purposes for the public good .
d. Any Purpose Beneficial to the Community - to include but is
not limited to the community as a whole without
discrimination so that the purposes have a truly public
character; this may also include but is not limited to certain
cultural, ethnic, native, historic or heritage pursuits and their
physical facilities ; community projects undertaken by
service organizations ; improvement of quality of health,
medical research, treatment programs, preventative
programs, and their physical facilities ; sporting and
recreational public facilities ; amateur sporting leagues or
associations administering activities solely for children or
youth development under controlled conditions .
"Committee" means the Committee appointed by Council for such purpose of
conducting a hearing upon request of an applicant or licensee ;
"Council" means the Council of the Corporation of the Township of Tiny ;
"Driver" means any person licensed to drive a vehicle pursuant to this by-law ;
"Driver's Licence" means the licence issued to a driver pursuant to this by-law ;
"File" means to submit a document to the Licensing Officer ;
"Fire Chief' means the Manager of Emergency Services/Fire Chief of the
Township of Tiny or his designate ;
"Health Department" means the Simcoe Muskoka District Health Unit or any
other agency carrying out the responsibilities of the Simcoe Muskoka District
Health Unit ;
"Licence" means the certificate or other similar document issued pursuant to this
by-law as proof of licensing under this by-law;
"Licensed" means to have in one's possession a valid and current licence issued
under this by-law and includes a licensee ;
"Licensee" means a person licensed under this by-law ;
"Licensing Officer" means the Clerk of the Township of Tiny and includes
his/her designate ;
"Licensing Inspector" means any person appointed by the Corporation of the
Township of Tiny as a Municipal Law Enforcement Officer for the purposes of
enforcing this by-law ;
"Medical Officer of Health" means the Medical Officer of Health for the
Simcoe Muskoka District Health Unit ;
"Motor Vehicle" includes an automobile or any other vehicle propelled or
driven otherwise than by muscular power, but does not the cars of electric or
steam railways or other motor vehicles running only upon rails, or motorized
snow vehicles, traction engines, farm tractors, self propelled implements of
husbandry or road building machines within the means of the Highway Traffic
Act, R.S .0 1990, c. H.8, as amended;
"Passenger" means any person in a vehicle or taxicab other than the driver;
"Plate" means a number plate or any other form of identification device issued
to a person licensed pursuant to this by-law ;
"Township" means the Corporation of The Township of Tiny ;
"Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-
building machine, bicycle and any vehicle drawn, propelled or drive by any kind
of power, including muscular power, but does not include a motorized snow
vehicle or a street car .
LICENCES REQUIRED
3 . There shall be taken out by :
(1) Every person who operates or maintains a Campground (Schedule
"A").
(2) Every person who operates or maintains an Exhibition/Festival
(Schedule "B") ;
(3) Every person who operates or conducts business as a Hawker or
Peddler (Schedule "C") ;
(4) Every person who operates or maintains a Public Hall (Schedule "D") ;
(5) Every person who operates or maintains a Recreational Establishment
(Schedule "E) ;
(6) Every person who operates or maintains a Refreshment Vehicle
(Schedule "F") ;
(7) Every person who operates or maintains a Restaurant (Schedule "G") ;
(8) Every person who owns or operates a taxicab brokerage and every
person who drives a taxicab (Schedule "H") ;
a licence from the Township authorizing them to carry on their trades,
callings, businesses, and occupations in the Township .
4 . Any applicant required to obtain a licence pursuant to this by-law shall apply in
writing on the appropriate form as provided by the Licensing Officer and shall
deposit, at the time of application, with the Licensing Officer, all required
Business Licence Fees as set out in Township's Fee Schedule By-law, or any
amending by-law for each business category as well as any required approvals,
inspections or documentation required by the provisions of this by-law or as
deemed necessary by the Licensing Officer .
6 .
5 . The licences for the several trades, callings, businesses and occupations set out in
this by-law shall, unless they are expressed to be for a shorter or longer time, be
for one year, and unless they are sooner forfeited or revoked, shall in each case,
expire on December 31 of the year in which it was issued .
PROCEDURES AND GENERAL PROVISIONS
(1) No person shall alter, erase or modify a licence or allow the alteration,
erasure
or modification of a licence without the approval of the Licensing Officer ;
(2) Unless otherwise stated, every application for a licence shall be delivered to
the Licensing Officer at least seven (7) days in advance of requiring said
licence ;
(3) Every application for renewal of a licence shall be delivered to the Licensing
Officer seven (7) days prior to the expiry date of the licence ;
(4) Every corporate applicant shall file a copy of its incorporating documents,
along with any amending documents, and the most recent annual filing, if
any ;
(5) Where two or more persons carryon or engage in partnership in any of the
trades, callings, businesses or occupations set out in this by-law the licence
may be issued in the name of one partner only, but when the application for
licence is made, the name and address of each member of the partnership
shall be set out therein ;
(6) Every applicant shall file a business registration under the Business Names
Act, R.S.O . 1990, c . B .17, as amended, where the name is other than in name
of sole proprietor ;
(7) Every licensee or applicant on request of the Licensing Officer, shall file such
information and material as the Licensing Officer may deem necessary ;
(8) Every person applying for or holding a licence under this by-law shall, in
such application or in carrying on or engaging in the trade, calling, business
or occupation in respect to which the licence is issued, observe, comply with
and be governed by the regulations set out in this by-law, the respective
Schedules to this by-law or any amending by-law which relates to such
person ;
(9) Every licensee shall, on request of a Police Officer, Licensing Officer or
Licensing Inspector, produce his/her licence and any other documentation
requested ;
(10) Every licensee shall post in a conspicuous place his licence and if posting is
not deemed appropriate by the Licensing Officer shall carry his licence with
him ;
(11) All plates issued pursuant to this by-law shall remain the property of the
Township;
(12) When the applicant is not the owner of the property from where he will be
operating such business, trade or occupation he may be required to produce
a letter from the owner authorizing the use of the property for such purpose ;
7 . Notwithstanding any decision of, or statement by Council respecting the granting
of a licence or application therefore, no person shall be deemed to be licensed to
carry on or engaged in the trade, calling, business or occupation for which such
licence is required until he/she has paid the required fee and has received the
physical licence, plate, or other evidence of the granting of such licence provided
for in this by-law .
ONTARIO DRIVER'S LICENCE SUSPENDED
8 . Every driver shall have and maintain in good standing at all times a driver's
licence issued by the Province of Ontario, and the privileges conferred under this
by-law shall, for all purposes of the by-law, be deemed suspended during any
period in which such Ontario driver's licence is under suspension .
BUSINESS NAME AND CHANGE OF INFORMATION
9 .
(1) A licensee shall carry on business in the Township in the name which is set
out on the licence and shall not carry on business in the Township in any
other name unless he has first notified the Licensing Officer;
(2) A licensee shall notify the Licensing Officer within five (5) days of any
change of name, address or any other information related to the licensee ;
(3) Where the licensee is a corporation, the licensee shall notify the Licensing
Officer of any change in the names and addresses of officers and directors,
the location of the corporate head office, change of ownership of shares
within five(5) days of the change, and if necessary, the licence shall be
returned immediately to the Licensing Officer for amendment .
CHANGE OF OWNERSHIP
l O.Every licensee shall, upon change of ownership of the licensed business return
and surrender his/her current licence to the Licensing Officer. The new owner
shall make application for a new licence as set out in this by-law .
ADMINISTRATION
1 LAdministration of this by-law shall be carried out by the Licensing Officer or
his/her designate .
12 .The Licensing Officer shall perform all the administrative functions conferred
upon him/her by Council .
13 .The Licensing Officer may, upon receipt of an application, cause to be made
investigations relative to such application as set out in this by-law as he/she
deems appropriate .
ADMINISTRATIVE SUSPENSIONS
14.The Licensing Officer may suspend a licence where the licensee fails to meet the
administrative requirements upon which the licence is issued .
15 .Notwithstanding that a licence has been issued, where the Licensing Officer has
reasonable grounds to believe that a licensee may no longer satisfy the
requirements of this by-law, the licensee may be required to file further
documents with the Licensing Officer .
REINSTATEMENT
16 . The Licensing Officer shall reinstate a licence, which has been suspended upon
satisfactory proof that the administrative requirements have been met .
GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE
17 . An applicant is entitled to be licensed and a licensee is entitled to have his
licence renewed except where :
The applicant or licensee has past breaches of this by-law and the Licensing
Officer determines that the issuing of the licence or renewal of the licence
would be contrary to the public interest ;
(2) Has failed to comply with the requirements of this by-law or other applicable
municipal by-law of the Township or of 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 of Commission thereof, in,
upon or in connection with the applied for licensed activity of the business or
premise, facilities, equipment, vehicles and other property used or kept for
hire in connection with the licensed activity ;
(3) The applicant or licensee has any outstanding fines imposed under the
Provincial Offences Act, R.S.O . 1990, c . P .33, as amended for the
contravention of any provision of this by-law or any other municipal by-law
or Provincial Statute where such fine is associated with an offence arising out
of the conduct, operation or activity within or in conjunction with such
business ;
(4) The applicant or licensee has outstanding taxes owing to the Township;
(5) The applicant or licensee has a tenant with outstanding taxes owing to the
Township .
COUNCIL'S POWER TO REFUSE OR RENEW A LICENCE
18 . Council may refuse to issue or renew a licence where the applicant or licensee
would not be entitled to a licence for the reasons set out in this by-law .
COUNCIL'S POWER TO REVOKE OR SUSPEND A LICENCE
19 . (1) Council may revoke or suspend a licence where the licensee fails to comply
with any of the provisions of this by-law, including any of the grounds for
refusal to issue or renew a licence as set out in this by-law ;
(2) The Licensing Officer shall have the authority to suspend a licence for
public safety reasons until such a time as a decision is made by Council .
COUNCIL'S POWER TO ISSUE A LICENCE ON TERMS AND
CONDITIONS
20 . Council may issue or renew a licence subject to such terms and conditions as are
necessary to give effect to this by-law .
NOTICE AND HEARING
21 . (1) When, for any of the grounds set out in the applicable section of this by-law,
an applicant or licensee is not entitled to be licensed or to have his licence
renewed, or a licence may be subject to revocation, the Licensing Officer
shall recommend to Council that Council refuse to issue or refuse to renew
the licence or that Council suspend or revoke the licence, or that Council
issue a licence subject to terms and conditions .
(2) Upon receipt of a recommendation by the Licensing Officer, Council shall
either:
a.
Reject the recommendation of the Licensing Officer ; or
b .
Direct the Licensing Officer to issue a written notice to the applicant
or licensee advising the applicant or licensee of the Licensing
Officer's recommendation .
The written notice to be given under subsection (2) shall :
a .
set out the grounds for the recommendation ;
b .
give reasonable particulars of the grounds ;
c .
be signed by the Licensing Officer ; and
d. inform the applicant or licensee of his right to a hearing before a
Committee appointed by Council if he delivers a written request for
such a hearing within seven (7) days following the date of service .
(4) On receipt of a written request for a hearing from an applicant or a licensee,
the Clerk shall schedule the hearing and shall give the applicant or licensee
reasonable written notice of the date, time and place of the hearing, and,
shall also notify the Licensing Officer .
22 . (1) The provisions of the Statutory Powers Procedure Act, R.S.O 1990, c . S.22,
as amended shall apply to all hearings conducted by the Committee under
this by-law .
(2) When an applicant or licensee who has been given written notice of the
hearing does not attend at the appointed time and place, the Committee may
proceed with the hearing in his/her absence and the applicant or licensee
shall not be entitled to any further notice of the proceedings .
(3) At the conclusion of a hearing the Committee shall, as soon as practicable,
submit a written report of the hearing to Council and the report shall :
a .
summarize the relevant evidence and arguments presented by the
parties at the hearing ;
b. set out the findings of fact and the recommendations made by the
Committee ;
c .
set out the reasons for the recommendations .
23 . After giving consideration to the report of the Committee, Council may make
any decision with respect to the licence and the applicant or licensee shall not be
entitled to any further hearing before Council on the matter and the decision of
Council shall be final and binding .
24 . Where the Licensing Officer has issued a written notice pursuant to this by-law
and no written request for a hearing has been received by the Clerk within the
time required by this by-law, the Clerk shall notify Council in writing that no
hearing has been requested, and Council may then proceed to consider the
Licensing Officer's report and may make any decision with respect to the
licence .
25 . Notice to revoke or suspend a licence may be given by Council by letter signed
by the Clerk and upon the service of such notice being given, the licence shall
then be revoked and terminated, or suspended, as the case may be . Where an
application for a licence or for renewal of a licence is refused, the fee shall be
refunded, minus the $25 .00 application fee . The fees shall not be refunded in
the case where a licence has been revoked or suspended .
SERVICE
26 . For the purposes of Section 21 and 25, a notice shall be deemed sufficiently
served as follows :
(1) Service on an individual - if delivered personally or sent by prepaid
registered mail to the last known address of the individual . Where
service is made by prepaid registered mail, the service shall be deemed to
be made on the seventh (7) day after the date of mailing .
(2) Service on a corporation - Where service is made by prepaid registered
mail, the service shall be deemed to be made on the seventh (7) day after
the date of mailing, to an address held out by the corporation to be its
address .
RETURN OF A LICENCE
27 . (1) A licensee whose licence has been revoked or suspended shall return the
licence and all plates issued by the Licensing Officer with reference to such
licence to the Licensing Officer within twenty-four (24) hours of service of
the notice of revocation, and the Licensing Officer or Licence Inspector,
may enter upon the business premises or vehicles of the licensee for the
purpose of receiving, taking or removing the said licence and plates .
ENTRY AND INSPECTION
28 . (1) The Licensing Officer, Licence Inspector, Fire Chief or a Police Officer may
at all reasonable times :
(2) Notwithstanding any provision of this by-law, a Licensing Officer or
Licensing Inspector, shall not enter or remain in any room or place actually
being used as a dwelling, unless :
OBSTRUCTION
a . inspect any vehicle, building, place or premise used in the carrying
on of any trade, calling, business or occupation required to have a
licence under this by-law excluding any portion used as a dwelling
unit; and
b. inspect any goods, articles, books, records and other documents of or
relating to any such trade, calling, business or occupation .
a .
the consent of the occupier is obtained, the occupier first having
been informed that the right of entry may be refused and, if refused,
may only be made under the authority of a warrant issued under the
Provincial Offences Act , R.S .O . 1990, as amended .
b .
a warrant issued under the Provincial Offences Act , R.S.O . 1990, as
amended is obtained .
29 .
(1) No person shall hinder or obstruct, or attempt to hinder or obstruct, any
person exercising a power or performing a duty under this by-law .
(2) Any person who has been alleged to have contravened any of the
provisions of this by-law, shall identify themselves to the Licensing
Officer or Licensing Inspector upon request, failure to do so shall be
deemed to have obstructed or hindered the Licensing Officer or
Licensing Inspector in the execution of his duties .
NOTICE OF NON-COMPLIANCE
30 . Where the Licensing Officer or Licence Inspector find that any provision of this
by-law is being contravened, he may give to the person whom he believes to be
in contravention of the by-law a notice of non-compliance in writing directing
compliance with such provision and may require the notice of non-compliance
to be carried out forthwith or within such time as he specifies .
GENERAL PROHIBITIONS
31 . No person shall, within the limits of the Township, carry on or engage in any of
the said trades, callings, businesses or occupations outlined in this by-law unless
he/she possesses a valid licence .
32 . No person shall hold himself out to be licensed pursuant to this by-law unless
he/she is so licensed .
33 . No person licensed pursuant to this by-law shall for reason of race, ancestry,
place or origin, colour, ethnic origin, citizenship, creed, sex, age, marital status,
family status or handicap, discriminate against any member of the public .
34 . No person licensed under this by-law shall in respect to any person with a
disability :
(1) refuse to provide service in any manner to such person ;
(2) refuse to permit such person to enter into or upon any place, premise, vehicle
or thing to which the licence relates ; or
(3) refuse to permit such person to remain in or upon such place, premise,
vehicle or thing;
by reason only of the presence of such disability .
35 . No person shall operate or permit to be operated any vehicle which is not
licensed pursuant to this by-law .
36 . No person shall operate or permit to be operated any vehicle which does not
have affixed to it in a manner approved by the Licensing Officer or Licence
Inspector a current valid plate .
37 . No person shall withhold, destroy, conceal or refuse to furnish any information,
books, papers, documents, or things relevant to the subject matter of an
application or an inspection .
38 . No person shall enjoy a vested right in the continuance of a licence and upon the
issue, renewal, transfer, cancellation or suspension thereof, the value of a licence
shall be the property of the Township .
39 . No person shall sell on any property without the written permission of the
property owner which written permission clearly identifies the location and the
zoning of the property .
PENALTY
40 . Every person who contravenes any of the provisions of this by-law and every
director or officer of a corporation who concurs in the contravention by the
corporation is guilty of an offence and on conviction is liable to a fine not
exceeding $25,000 .00 .
41 . Where a corporation is convicted of an offence under the provisions of this by-
law, the maximum penalty that may be imposed on the corporation is
$50,000.00 .
INTERPRETATION
42 . If what is known as "Daylight Saving Time" has been generally adopted in the
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Township Area for any period of the year under any Statute, Order in
Council, By-law, Resolution or Proclamation, whether the same is effective in
law or not, such time shall be held to be the time referred to during such period
in any reference to time in this by-law .
43 . In this by-law, unless the context otherwise requires, words importing the
singular number shall include the plural and words importing the masculine
gender shall include the feminine .
44 . All Schedules to this by-law shall form part of this by-law .
45 . In the event of conflict between any of the general provisions of this by-law and
any provisions set out in the Schedules hereto, the provisions of the Schedule
shall prevail .
VALIDITY AND SEVERABILITY
46 . Every provision of this by-law is declared to be severable from the remainder of
the by-law and if any provision of this by-law shall be declared invalid by a court
of competent jurisdiction such declaration shall not effect the validity of the
remainder thereof.
47 . By-law No. 8-91, 1180, 1190, 1297, 1378, 14-74, 14-81, 1556, 1670, 1706, 36-
81, 44-82, 45-87, 94-103, 100-90 are hereby repealed in their entirety .
EFFECTIVE DATE
48 . This by-law shall come into force and take effect on the date of passing thereof.
BY-LAW READ A FIRST AND SECOND TIME THIS IUADAY OFGJ,)bQK
2006 .
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 109DAY OF a4C~E'"
2006 .
THE CORPORATION OF THE TOWNSHIP OF TINY
Mayor, Ro ert Klug
CAO/Clerk, A,.RufKoursey
SCHEDULE "A" TO BY-LAW 06-102
Relating to Campgrounds
'I EXPLANATION OF LICENSING POWER
Public Health and Safety, Nuisance Control and Consumer Protection to ensure that
premises used by visiting members of the public are safe and clean and that any food
premises therein has been inspected due to health risks associated with the handling
and storage of food and that sanitary facilities are inspected and provided due to
health risks and to minimize nuisances such as noise to neighbouring properties .
DEFINITIONS
1 . For the purpose of this Schedule :
"Campground" shall mean the land zoned by the Township for the parking of one
or more than one recreational vehicle or tent on individual lots ;
li "Group Camping" shall mean an area of land within a Campground that is
designated and used as a communal camping area, where no more than 75 campers at
any one time congregate and partake in group activities in an outdoor setting .
"Lot" shall mean the land within the Campground to be made available by the
Licensee for the occupancy of one Recreational Vehicle or Tent;
"Mobile Home" shall mean a factory built dwelling designed for year-round use,
which is constructed complete with the necessary plumbing, heating and electrical
systems and designed to be transported on its own under carriage or by other means
to a prepared site."
"Recreational Vehicle" shall mean any vehicle intended for recreational purposes
and which is self propelled or so constructed as to be suited for attachment to a motor
vehicle for the purpose of being drawn or propelled by a motor vehicle and used only
for temporary living, sleeping or eating accommodation of persons, notwithstanding
that such vehicle is jacked up or its running gear is removed. This definition shall not
include a mobile home;
"Service Buildings" shall mean those building(s) in the Campground housing the
sanitary toilet, laundry and cooking facilities . Also such buildings as maintenance,
pumping and electrical sheds, tuck shops, accessory retail stores, etc and may
include one dwelling or mobile home to accommodate the owner, caretaker or
watchman ;
"Tent" shall mean any structure composed of parts joined together which is capable
of being disassembled, folded, packaged or otherwise collapsed in order to be
transported or capable of being transported . For the purpose of this by-law, any tent
which is equipped with its own independent running gear shall be considered to be a
Recreational Vehicle as defined herein .
LICENCE REQUIREMENTS
2 . No person shall operate or maintain the business of a Campground within the
Township without first having obtained a licence to do so .
3. Every applicant in respect of a Campground licence shall file with the Licensing
Officer :
(2)
The Licensing Officer shall place all applications before Council,
together with his/her recommendations, and where in the opinion of
the Council the proposed Campground meets with the provisions of
this by-law, and the Township's Zoning By-law, the Municipal
Campground Licence may be granted .
4 . No Municipal Campground Licence shall be issued or transferred unless and
until there is recorded upon the application or attached to it:
(2)
A report of the Health Department showing that the
Campground and all buildings and facilities or the plans for
same are in accordance with the provisions of the Health
Department and this by-law ;
(4)
A report from the Electrical Safety Authority that all wiring of the
electrical installations are approved .
5 . Every Licensee who operates a Campground shall :
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an application form as provided by the Licensing Officer,
accompanied by four copies of a site plan of the proposed
Campground, showing the location and dimensions of all the lots,
buildings, roadways, footpaths, hydro supply, sewage disposal
facilities, propane or gas supply, drainage culverts and ditches . All
lots shall be numbered on the plan as posted in the Campground .
Every application shall also be referred to the Fire Chief and the
Health Department who shall report thereon forthwith .
A report of the Licensing Officer or Licensing Inspector
showing that the Campground and facilities or the plans for
same are in accordance with the requirements of this by-law and
the Township's Zoning By-law ;
A report of the Fire Chief that the Campground and all buildings
and facilities or the plans for same are in accordance with regu-
lations related to fire safety and this by-law ;
ensure compliance with the applicable provisions of the Township's
Zoning By-law and Noise By-law;
(2)
ensure that no trailer or motor vehicle that is assessed by the
Municipal Property Assessment Corporation is located within the
Campground, save and except a trailer or motor vehicle that is :
(a) Assessed based on width alone .
ensure that no mobile home is located within the Campground, save
and except one as set out in Section 9 .
(4)
provide flush toilets, urinals and wash basins, in the required numbers
as stipulated under the regulations of the Health Protection and
Promotion Act, R.S.O . 1990, c . H.7 . Outdoor privies shall not be
permitted .
in addition to any showers required for any swimming pools
connected with the campground, provide not less than one shower for
each washbasin as required by the regulations made under the Health
Protection and Promotion Act, R.S.O . 1990, c . H.7 .
(6)
rule that every lot shall have a minimum frontage of 12 metres with
a minimum lot area of 185 square metres;
(8)
provide a central sewage disposal system approved by the Health
Department for the purpose of allowing vehicles to discharge waste
products carried in their holding tanks into the said sewage
disposal system .
!'GARBAGE
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ensure waste from showers, toilets, sinks and laundry facilities are
discharged either into a Municipal sewer system or into a system
approved by the Septic Approval Agent for the Township and/or the
Ministry of the Environment ;
provide each recreational park with a swimming pool(s) and ensure
each pool is not less than 6 metres by 12 metres and is properly
chlorinated and maintained to satisfactory standards .
(10)
provide that each pool(s) be conducted and maintained as required by
the regulations made under the Health Protection and Promotion Act,
R.S .O . 1990, c . H.7 and each pool(s) is fenced according to the
applicable regulations . (Municipal/Provincial) .
(11)
ensure that Campground staff have received instruction in the use of
the fire fighting equipment provided in the Campground .
(12)
prepare a fire safety plan for the Campground which shall include the
procedures for notifying the Fire Department, the evacuation of the
occupants and confining, controlling and extinguishing the fire .
(13)
provide instruction to the staff outlining their responsibilities under
the fire safety plan as established according to Section 5(12) .
SERVICE BUILDINGS
6. Every licensee who operates a Campground shall provide service buildings as
hereinafter set out :
Service buildings shall be provided at all times with an adequate
supply of hot and cold water for bathing, washing and laundry
facilities and shall comply with the Health Department regulations .
(2)
All service buildings in the Campground shall be maintained in a
clean and sanitary condition and shall be kept free of any condition
that would be a menace to the health of any occupant or the public
or constitute a nuisance .
7 . Every Licensee who operates a Campground shall :
(1)
provide garbage collection for the Campground on a daily basis
during the period of operation and is responsible for the removal to
an approved County Waste Disposal Site/Facility;
(2)
Ensure no refuse or litter remains in or about the Campground except
in a proper receptacle .
GROUP CAMPING
1 4
8. Every Licensee who operates a Campground shall:
(1)
Ensure that no more than 75 people occupy an area in the
Campground designated for group camping.
(2)
Ensure that no more than one area in the Campground is designated
for group camping .
MANAGEMENT OFFICE
9. Every Licensee who operates a Campground shall :
provide a Mobile Home unit or other permanent dwelling as a
residence for the owner, caretaker or watchman . If the annual
licence is not renewed, the mobile home (if applicable) shall be
removed within six (6) months of the lapse of the licence.
(2)
ensure that a responsible adult, who is familiar with the camp, is on
duty at all times when the camp is open for business .
ensure that an occupancy register is maintained and that such register
contains a record of all owners and occupants of the camp
vehicles/trailers located within the Campground .
(4)
record on the occupancy register :
(a) the name and address of each occupant ;
(b) the make, model, year and licence number including Province or
State, of every vehicle;
(c) the arrival and departure date of each camping vehicle/trailer;
(d) the identification number of the campsite(s) occupied by each
registered guest.
LENGTH OF OCCUPANCY
10 .
The Licensee of a Campground shall be permitted to keep the said
Campground open for business continuous for the whole calendar year .
11 . No lot in a Campground shall be occupied by any person or persons for a
period of more than 14 days in any calendar month between the first day of
November and the thirteenth day of April of the following year,
12 .
The Licensee of a Campground shall not allow a lot to be used for any
purposes requiring the services of any Board of Education/School Board or
Commission Scolaire ;
13 . The Licensee of a Campground may provide an area within the boundaries of the
Campground for the purpose of storing unoccupied "Recreational Vehicles" and
said area shall not be located within 100 metres of any public road and/or street
or any adjacent residential zone . The storage area shall be suitably screened by a
natural buffer area .
EXPLANATION OF LICENSING POWER
Public Health and Safety, Nuisance Control due to such premises being open to the
public and the potential hazards associated with public assembly and temporary
amusements and the potential impacts of traffic, noise and lighting on adjacent
properties .
DEFINITIONS
For the purpose of this Schedule :
"Exhibition/Festival" means a craft exhibition, concert, a musical exhibition, a
festival or other similar gathering where it is estimated two hundred and fifty (250)
or more persons will attend, and which is held for hire or for gain where any of the
following requirements are met :
(1) entertainment or instruction is provided to a person who attends ; or
(2) a fee for admission is charged ; or
(3) the persons who attend are accommodated outdoors or within a
temporary structure .
LICENCE REQUIREMENTS
15
SCHEDULE "B" TO BY-LAW 06-102
Relating to Certain Exhibitions/Festivals
2 . No person shall operate or maintain an exhibition/festival within the Township
without first having obtained a licence to do so .
3 . Every applicant in respect of an Exhibition/Festivals licence shall file with the
Licensing Officer :
A letter from the Ontario Provincial Police advising they have been made
aware of the exhibition and are satisfied with security precautions being
taken by the applicant .
(2) A letter or certificate from the Health Department advising they have no
objection and satisfactory arrangements have been made to ensure
compliance with all health legislation and regulations ;
A site/fire plan for the exhibition/festival which shall include the procedures
for sounding the fire alarm, notifying the Fire Department, the evacuation of
the occupants and confining, controlling and extinguishing the fire, outlining
the area to be used, the entry and exit points, the parking and internal roadways,
the areas upon which any permanent or temporary building or structure are to
be set up, and the areas where lavatory and washing facilities are to be set up,
and such plan will be circulated to the Manager of Public Works and Fire Chief
for approval ;
(4) For each place or premise for which he has applied for a licence, a policy or
a certificate of insurance against occupiers liability and endorsed to the
effect that the Licensing Officer shall be given at least five (5) days notice in
writing of any cancellation, expiration or variation in the amount of the
policy, and insuring in at least the following amounts :
a.
In the case of bodily injury or death, to a limit of at least
$1,000,000 .00 (exclusive of interest and costs) against all
claims for personal injury, including injury resulting in death
and property damage, with an inclusive limit of not less than
$1,000,000.00 .
1 6
b . The policy or certificate of insurance shall be endorsed to the
effect that the Township is named as an additional insured if
the exhibition/festival is to take place on Township property .
In the case where alcohol is being served, a policy or a certificate of
insurance against alcohol liability and insuring in at least the
following amounts :
a . In the case of bodily injury or death, to a limit of at least
$1,000,000.00 (exclusive of interest and costs) against all claims
for personal injury, including injury resulting in death, and
property damage, with an inclusive limit of not less than
$1,000,000 .00 .
b. The policy or certificate of insurance shall be endorsed to the
effect that the Township is named as an additional insured if the
exhibition/festival is to take place on Township property .
c . In the case where alcohol is being served and a liquor licence
is not present, the applicant and/or owner/lessee of the property
shall acquire a Special Occasion Permit issued by the Liquor
Control Board of Ontario and provide a copy of same to the
Licensing Officer.
(6) In the case where alcohol is being served that all requirements of the
Township's Alcohol Policy (By-law No . 97-85, as amended) is
adhered to;
(7) A report of the Hydro Inspection from the Electrical Safety Authority
that light fixtures and all wiring of the electrical installations are
approved (if applicable) .
4. No licence shall be granted under this by-law until the applicant and the owner
and lessee of the property upon which such exhibition/festival is to be held, have
deposited with the Township treasurer a deposit in an adequate amount, such
amount to be fixed by the Township, sufficient to repair minor damages, cleaning
of buildings and grounds after such exhibition/festival has terminated so that the
grounds may be restored to its previous state without cost to the Township or
Board or body responsible for the administration of such public buildings or
grounds .
5 . No person shall operate an exhibition/festival under this section in any Township
park or on any Township property without permission from the Township .
6 . No person shall operate an exhibition/festival under this section on private
property without having proper zoning .
7 . Every licensee shall, if deemed required by the Township, hire at his own
expense, independent security personnel to monitor the attendees to ensure
orderly conduct and compliance with the provisions of this by-law.
8. Every licensee shall :
(1) be responsible for supervising, overseeing and maintaining orderly conduct ;
(2) not permit any person to create a disturbance or cause undue noise while on
the premises ;
(3) keep the premises in a clean, neat and sanitary condition, free from fire
hazards or any other hazards .
1 7
(4) ensure that staff have received instruction in the use of the fire fighting
equipment provided at the exhibition/festival ;
(5) provide instruction to the staff outlining their responsibilities under the plan
as established according to Section 3(3) .
9. This by-law shall not apply to any exhibition which is sponsored or hosted by
the Township .
DEFINITIONS
1 . For the purpose of this Schedule :
1 8
SCHEDULE "C" TO BY-LAW 06-102
Relating to hawkers, peddlers and other persons going from place to place with
goods, wares or merchandise for sale
EXPLANATION OF LICENSING POWER
Public Safety, Nuisance Control and Consumer Protection to ensure the safety of the
public and to ensure that fair business practices are employed .
"Goods wares and merchandise" shall include any article, merchandise, service or
privilege obtained for consideration or anything that has economic utility or want, or
an intangible item (as a service or membership) that is a marketable commodity .
"Hawker or Peddler" shall mean any person who goes from place to place or to
a particular place with goods, wares or merchandise for sale within the Township or
who carries and exposes samples, patterns or specimens of any goods, wares or
merchandise that are to be delivered in the Township afterward, and shall include any
persons or company who assembles groups of vendors to participate in a sale in a
particular place, and shall include the person under whose Provincial vendor's permit
the seller operates, but shall not include any such person who is hawking, peddling or
selling goods wares or merchandise :
(1) to wholesale or retail dealers in similar goods, wares or merchandise ;
(2) if the goods, wares or merchandise are grown or produced by a
farmer resident in Ontario who offers for sale or sells only the produce
of the farmer's own farm ;
LICENCE REQUIREMENTS
2 . No person shall operate or conduct business as a hawker or peddler without first
obtaining a licence to do so .
3. Every applicant for a hawkers and peddler's licence shall as part of the application
for such licence :
(1) furnish a statement in writing containing a full description of the
goods, wares or merchandise to be sold or offered for sale under such
licence .
(2) provide a Criminal Record check obtained from a Police Enforcement
Agency and dated within 30 days of the date of receipt of the
application .
(3) provide two (2) prints of a passport size photograph of applicant;
(1) There will be no licence fee charged for a charitable or religious
organization .
(2) In the case where the Licensing Officer does not consider the
organization to be charitable or religious, the Licensing Officer shall
recommend to Council that Council refuse to exempt the organization
from paying the licence fee and that the procedures be followed as set
out in Section 21 to 25 of this by-law .
5 . Every person licensed under this Schedule shall be in possession of his licence at
all times while carrying on his business .
1 9
SCHEDULE "D" TO BY-LAW 06-102
Relating to public halls
EXPLANATION OF LICENSING POWER
Public Health and Safety, Nuisance Control due to such premises being open to the
public and the potential hazards associated with public assembly and temporary
amusements and the potential impacts of traffic, noise and lighting on adjacent
properties .
DEFINITIONS
1 . For the purpose of this Schedule :
"Entertainment" shall mean any dance, exhibition, concert, show,
variety program, motion picture showing, public luncheon or dinner,
game or sporting contest;
"Public Hall" shall mean any place of public assembly where members of the
public gather together for the purpose of any meeting or entertainment, where
an admission fee is charged, or where after admission, a charge is made or a
fee collected, or where the public hall is rented or leased by any person or
organization for any such function, and shall include cloak rooms, washrooms,
kitchens and other service rooms used in connection therewith, but shall not
include a theatre within the meaning of the Theatres Act, a school when used
for educational purposes only, a lodge when used for lodge purposes only, a
church or any building when used by religious organization for religious
purposes only ;
LICENCE REQUIREMENTS
2 .
No person shall operate or maintain a public hall or allow any building or part
thereof to be used as a public hall without first having obtained a licence to
do so .
3 .
Every applicant for a public hall licence shall file with the Licensing Officer :
a statement on the form provided by the Licensing Officer giving such
particulars as to the location, size and construction of the hall, as may be
required ;
(2) a policy or a certificate of insurance against occupier's liability and endorsed
to the effect that the Licensing Officer shall be given at least five (5) days
notice in writing of any cancellation, expiration or variation in the amount of
the policy, and insuring in at least the following amounts :
a . In the case of bodily injury or death, to a limit of at least
$1,000,000.00 (exclusive of interest and costs) against all claims
for personal injury, including injury resulting in death, and property
damage, with an inclusive limit of not less than $1,000,000.00 .
(3) an inspection report from the Fire Chief approving the premises ;
(4) a certificate or letter from the Health Department approving the premises ;
(5) a copy of the Liquor Licence as issued by the Liquor Control Board of
Ontario, if applicable ;
(6) a report of the Hydro Inspection from the Electrical Safety Authority that
light fixtures and all wiring of the electrical installations are approved .
20
4 . (1) The licensee shall not allow a greater number of persons to enter and be in the
hall at any one time than is stated to be the maximum capacity of the hall on
the licence, which maximum capacity shall be determined by the Fire Chief as
per the Ontario Fire Code, 1997 .
5 . (1) All exit doors including the main entrance door shall be equipped with
panic-type hardware that enables a door to be opened easily upon the
application of pressure from the inside . Panic hardware shall not be required
on free-swinging doors which are not equipped with any locking latching
devices .
6 .
7 .
8 .
(2) No revolving type of door or turnstile shall be used as an exit from a public
hall except that a revolving type of door or turnstile may be used from the
first or ground floor provided that there is an exit door or doors of the swing
type adjacent to and within at least fifteen feet of the revolving door or
turnstile .
(3) Hooks, padlocks, chains and draw bolts, other than the panic hardware type,
shall not be permitted on doors .
(4) The licensee shall ensure that whenever a public hall is to be used, that all
necessary steps are taken to ensure that the doors open freely .
(1) The licensee shall ensure the public hall is kept clean and clear of rubbish .
(1) The licensee shall ensure that appropriate No Smoking signs are posted in the
public hall as set out in the Township's No Smoking By-law .
(2) The licensee shall ensure that smoking, matches, open flames, fire-crackers or
any device producing an exposed spark or flame are not used on any platform
or stage in any public hall, unless in conjunction with a performance and
authorized by the Fire Chief to do so .
The licensee shall ensure compliance with the Township's Noise By-law and
that the public hall is closed and entertainment ceased punctually at 2 :00
A.M . and shall remain closed and no entertainment shall be provided or
permitted therein until nine o'clock in the forenoon of the day . The licensee
shall ensure that all patrons and other persons attending such public hall
vacate within thirty minutes of the required time of closing . All times stated
are local time .
9. The licensee shall :
(1) ensure that ushers and other staff have received instruction in the
use of the fire fighting equipment provided in the public hall ;
(2) prepare a fire safety plan as per the Ontario Fire Code, 1997 for the
public hall which shall include the procedures for sounding the fire
alarm, notifying the Fire Department, the evacuation of the
occupants and confining, controlling and extinguishing the fire ;
(3) provide instruction to the staff outlining their responsibilities under
the fire safety plan as established according to 9(b) .
2 1
SCHEDULE "E" TO BYLAW 06-102
Relating to Owners or Operators of Recreational Establishments
EXPLANATION OF LICENSING POWER
Public Health and Safety, Nuisance Control due to such premises being open to the
public and the potential hazards associated with public assembly and temporary
amusements and the potential impacts of traffic, noise and lighting on adjacent
properties .
DEFINITIONS
1 . For the purposes of this Schedule :
"Amusement Device" shall include but is not limited to arcade, pinball or video
games, table top hockey games, table top soccer games, electronic games and other
similar devices, pool, billiard or snooker tables;
III
"Place
of Amusement" shall include any shop, building, or place or part thereof,
which is open to the public in which three (3) or more amusement devices are
installed, placed or operated ;
"Recreational Establishment" means a premise, land, building or structure that has
been designed and equipped for the consumer or customer to actively participate in
sports or leisure activities such as but not limited to a bowling alley, roller-
skating/skateboard/rollerblading park, rink or facility, automatic batting cages, indoor
or outdoor miniature golf course, place of amusement, use entailing the operation of
motorized vehicles, but does not include a dance hall, commercial fitness centre,
adult entertainment parlour, use entailing the outdoor operation or racing of animals
or any establishment involving gambling or gaming activities .
LICENCE REQUIREMENTS
2. No person shall operate or maintain a Recreational Establishment within the
Township without first having obtained a licence to do so .
3 . Every applicant for a recreational establishment licence shall file with the
Licensing Officer :
(1) a policy or a certificate of insurance against occupier's liability and endorsed
to the effect that the Licensing Officer shall be given at least five (5) days
notice in writing of any cancellation, expiration or variation in the amount of
the policy, and insuring in at least the following amounts :
In the case of bodily injury or death, to a limit of at least $1,000,000.00
(exclusive of interest and costs) against all claims for personal injury,
including injury resulting in death, and property damage, with an inclusive
limit of not less than $1,000,000 .00 .
(2) an inspection report from the Fire Chief approving the premises ;
4 . Every person issued a licence pursuant to this Schedule shall :
(1) not permit any more amusement devices than the number for which the
licence was issued on the licensed premises ;
(2) not permit any person to loiter, create a disturbance or cause undue noise
while on the licensed premises ;
(3) keep the licensed premises in a clean, neat and sanitary condition, free from
fire hazards or any other hazards ;
22
(4) not permit the licensed premises to operate outside the following hours :
DAYS
FROM
TO
Monday to Sunday inclusive
9:00 A.M .
2 :00 A.M .
Holidays (other than those excluded
9:00 A.M .
2 :00 A .M .
and including all recognized school
vacation periods)
(5) operate the establishment free of health hazards as defined under the Health
Protection and Promotion Act, R.S.O . 1990 c .H.7 .
Relating to Owners or Operators of Vehicles or Stands from which
Refreshments are Sold for Consumption by the Public
1 . For the purposes of this Schedule :
23
SCHEDULE "F" TO BY-LAW 06-102
EXPLANATION OF LICENSING POWER
Public Health and Safety due to the health risks associated with the handling and
storage of food .
"Public Place" shall mean a place to which the general public is invited or permitted
access, whether or not for a fee .
"Refreshment" means any food and drink.
"Refreshment Vehicle" means any vehicle of any type, with or without wheels,
from which refreshments are sold to the public and shall include a refreshment stand
or portable barbecue .
LICENCE REQUIREMENTS
2 . No person shall operate or maintain a refreshment vehicle within the Township
without first having obtained a licence to do so .
3 . Every applicant in respect of a refreshment vehicle licence or renewal shall file
with the Licensing Officer :
(1) an inspection report from the Fire Chief approving the vehicle for
operation as a refreshment vehicle, where applicable ;
(2) a certificate or letter from the Health Department indicating approval for
the refreshment vehicle, where applicable ;
(3) a letter from the County of Simcoe for County Roads, where applicable;
(4) a policy for each vehicle or certificate of insurance endorsed to the effect
that the
a . Licensing Officer will be given at least five (5) days notice in
writing of any cancellation, expiry or variation in the amount of the
policy, insuring to a limit of at least $1,000,000.00 (exclusive of
interest and costs) against loss or damage resulting in bodily injury
to or death of any one person including property damage ;
b . The policy or certificate of insurance shall be endorsed to the effect
that the Township is named as an additional insured if the
refreshment vehicle is operated on Township property .
(5) If operating propane or natural gas, a certificate stating that the vehicle has
been inspected and certified at the time of application and on an annual
basis by an authorized inspector and such certification shall be filed with the
municipality annually, and at the time of application or as may be required ;
(6) A letter of authorization from the private property owner where the vehicle
is to be located ;
(7) A site diagram, showing the location of the proposed refreshment vehicle
on the property including setbacks from the adjacent property lines and the
proposed location of all signage .
24
(8) A detailed description in writing containing a full description of
refreshments to be sold or offered for sale .
NUMBER OF LICENCES
4 . No more than ten (10) refreshment vehicles licences shall be issued .
5 . Every licensee shall in respect of a refreshment vehicle ensure that:
(1) the vehicle is of sound construction to provide reasonable protection
against dust, dirt, flies, and other injurious matter or things;
(2) the vehicle is equipped with a metal refuse container with a self closing lid
and such container shall be kept in a clean and sanitary condition and
emptied at least once daily ; or a disposable litter container which shall be
replaced at least once daily and ;
such containers shall be used for the disposal of all refuse ;
(3) ensure that every refuse container is located in such a position on the
vehicle so as to be easily accessible by persons making purchases while the
vehicle is stopped ;
(4) ensure that the vehicle and all parts and equipment for use in the dispensing
of refreshments are maintained in a clean and sanitary condition and at all
times in good repair ;
(5) ensure that each operator or employee is made familiar with the contents of
this Schedule and shall not permit any operator or employee under his
control, management, supervision or direction to breach any of the
provisions of this Schedule .
6. No licensee shall permit any individual other than a bona fide employee to operate
the refreshment vehicle .
7. Every licensee shall ensure that every refreshment vehicle displays in a contrasting
colour and in clearly visible letters, on both side panels, the operating name of the
business as it appears on their business licence .
8 . Every licensee shall, whenever required to do so by the Licensing Officer bring
such vehicle to any person designated by the Licensing Officer to inspect the
same, at the place and time indicated by such person .
9 . Every owner shall take out a separate licence for each refreshment vehicle owned
or operated by him .
10 . Every person selling or handling refreshments shall wear clean clothes, be clean
and neat in appearance, and have clean hands .
11 . No person shall operate or maintain a refreshment vehicle on private property
without having proper zoning .
12 . No person shall stop a refreshment vehicle to sell refreshments within one
hundred (100) metres of the entrance or exit to any school grounds or public
park .
13 . No owner or operator of a refreshment vehicle shall stop to sell refreshments
within two hundred (200) metres of a business that sells the same type of
product .
14 . No person shall sell refreshments from a vehicle drawn by an animal .
25
15 . No person shall operate or maintain a refreshment vehicle on any public property,
street or road allowance within the municipality unless it is during and in
conjunction with a Township endorsed special event or permission from Council
has been obtained to do so .
a . That the sale of refreshments from refreshment vehicles on any
public property, street or road allowance within the municipality
may be permitted during Council authorized special events, by a
charitable or religious organization on the approval of the
Licensing Officer at no charge to the organization. The Licensing
Officer in giving his approval shall have regard to the organizing
committee's efforts to provide refreshment vehicles themselves for
the special event .
b . In the case where the Licensing Officer refuses to exempt an
organization as a charitable or religious organization for the
purpose of the sale of refreshments from refreshment vehicles on
any public property, street or road allowance within the
Municipality during special events, the Licensing Officer shall
recommend to Council that Council refuse to exempt the
organization and that the procedures be followed as set out in
Sections 21 to 25 of this by-law .
c . During any Township endorsed special events any existing
business within the Township that pays taxes directly to the
Township and wishes to operate a refreshment stand or vehicle
during and in conjunction with an authorized special event shall
make application for a licence but shall be exempt from paying a
licence fee as prescribed in the Township's Fee Schedule By-law .
EXPLANATION OF LICENSING POWER
Public Health and Safety due to the health risks associated with the handling and
storage of food .
DEFINITIONS
1 . For the purposes of this Schedule :
26
SCHEDULE "G" TO BY-LAW 06-102
Relating to restaurant owners
"Restaurant" means an establishment which is primarily used for the preparation,
service, sale or offering for sale of foodstuffs and alcoholic and/or non-alcoholic
beverages to the public for immediate consumption within the premises . Shall
include but is not limited to restaurants, snack bars, concessions and taverns .
LICENCE REQUIREMENTS
2 . No person shall operate or maintain a restaurant within the Township without first
having obtained a licence to do so .
3 . Every applicant for a restaurant licence shall file with the Licensing Officer :
(1) a policy or a certificate of insurance against occupier's liability and
endorsed to the effect that the Licensing Officer shall be given at least
five (5) days notice in writing of any cancellation, expiration or variation
in the amount of the policy, and insuring in at least the following
amounts :
a. In the case of bodily injury or death, to a limit of at least
$1,000,000.00 (exclusive of interest and costs) against all
claims for personal injury, including injury resulting in death,
and property damage, with an inclusive limit of not less than
$1,000,000.00 .
(2) an inspection report from the Fire Chief approving the premises ;
(3) a certificate or letter from the Health Department approving the
premises ;
(4) a copy of the Liquor Licence as issued by the Liquor Control Board of
Ontario, if applicable .
4. Every person issued a licence pursuant to this Schedule shall :
(1) ensure that all premises are sufficiently and suitably lighted and ventilated .
(2) ensure that no room directly associated with the restaurant use is used for
sleeping .
(3) ensure that garbage and waste are removed from the premise at least twice
weekly or as often as is necessary to maintain the premise in a sanitary
condition .
(4) adhere to the requirements of the Health Protection and Promotion Act,
R.S .O . 1990, c.H.7 and operate the premises in compliance with the
Ontario Food Premises Regulations .
(5) ensure that the premises are closed from 2:00 A.M . and 6:00 A.M .
27
5. Every person who engages in the handling of food shall, while so engaged, take
all reasonable steps as may be necessary to protect the foodstuffs from dust, dirt,
mud, filth, dirty water, animals, birds, rodents, flies, insects and other sources of
contamination and shall cause such foodstuffs to be so placed as to prevent the
risk of contamination.
6. Every person employed in such premise shall keep himself and his wearing
apparel in a clean and sanitary condition .
DEFINITIONS
2 8
SCHEDULE «H" TO BY-LAW 06-102
Relating to taxicabs and taxicab brokers, owners and drivers
EXPLANATION OF LICENSING POWER
Public Safety and Consumer Protection to ensure Motor Vehicles are in a safe
condition for use by the public and that fair business practices are being employed .
1 . For the purposes of this Schedule :
"Broker" means any person who carries on the business of accepting calls in any
manner and of dispatching taxicabs in any manner ;
"Broker's licence" means the licence issued to a broker pursuant to this by-law ;
"Dispatch" means the communication of an order or information in any manner
between a taxicab broker and a taxicab driver ;
"Dues" means any amount charged by a taxicab broker to a taxicab plate owner
or to the lessee of a taxicab to receive orders from the taxicab broker ;
"Fare" means the amount displayed on the taxicab meter at the conclusion of a
trip, or the flat rate allowed pursuant to this by-law for the trip, together with any
additional charges allowed pursuant to this by-law ;
"Plate owner" means a person who owns a plate pursuant to this by-law, either
through issue or renewal ;
"Plate owner's licence" means the licence issued to a plate owner pursuant to this
by-law ;
"Priority list" means a list of applicants for a plate owner's licence which is
maintained by the Licensing Officer, recording in chronological order by date of
application ;
"Taxicab" means a motor vehicle as defined in the Highway Traffic Act, R.S.O .
1990, c . H.8, as amended, other than a car pool vehicle, having a seating capacity
of not less than four (4) persons or not more than six (6) persons, exclusive of the
driver, hired for one specific trip for the transportation exclusively of one person
or group of persons, one fare or charge only being collected or made for the trip ;
"Taxicab Driver's Licence" means a licence issued under this by-law to a driver
of a taxicab ;
"Taxicab stand" means any area designated to be used by a taxicab while waiting
for or picking up passengers ;
"Tire" includes the rubber and rim ;
"Transfer" means an arrangement between a plate owner and another, whereby
the plate owner permanently assigns all interest in the plate to the other;
"Trip" means the distance and time traveled or the distance and time to be
traveled, measured from the time and point at which the passenger first enters the
taxicab to the point at which the passenger finally leaves the taxicab ;
"Trip Record" means a daily written record of the details of each trip ;
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"Vehicle owner" means a person who is registered with the Registrar of Motor
Vehicles for the Province of Ontario as the owner of a motor vehicle .
DRIVER'S LICENCE REQUIREMENTS
2 . No person may be licensed as a driver pursuant to this by-law unless he/she is
either a Canadian citizen, a permanent resident, or has a valid employment
authorization issued by the Government of Canada to work as a driver, and has a
working knowledge of English .
3 . No person shall be licensed as a driver pursuant to this by-law unless he/she
holds a current, valid driver's licence issued under the Highway Traffic Act,
R.S .O . 1990, c . 118, as amended .
4 . No person shall be licensed under this by-law, who is under the age of eighteen
(18) years of age and possess a minimum of a G2 driver's licence as issued by the
Ministry of Transportation (Ontario) .
5. No corporation may be licensed as a driver pursuant to this by-law .
6. Every applicant in respect of a taxicab driver's licence shall file with the
Licensing Officer :
two (2) prints of a passport size photograph of applicant ;
(2) a Criminal Record Check obtained from a Police Enforcement Agency and
dated within 30 days of the date of receipt of the application ;
(4) an Original Ontario Driver's Licence;
an Ontario Driver's Licence Abstract obtained from the Ministry of
Transportation (Ontario) and dated within 30 days of the date of receipt of the
application ;
provide a letter of promise of employment from the plate owner, broker or
lessee for whom he/she proposes to drive;
(6) submit, if requested, a certificate from a doctor stating that the driver is fit
and able to operate a motor vehicle .
7 . Every applicant shall satisfy the Licensing Officer that :
(1) the applicant has not been found guilty of an Indictable Offence under the
Criminal Code of Canada, or an offence under the Controlled Drugs and
Substances Act within the preceding three years ;
(2) the applicant has not been found guilty of an offence under the Liquor
Licence Act, R.S .O . 1990, c . L.19, as amended, to the illegal sale or purchase
of liquor within the preceding three years;
(3) the applicant has not been found guilty of a criminal offence pertaining to the
operation of a motor vehicle within the preceding three years ;
(4) the applicant has not been found guilty of any sexual offence under the
Criminal Code;
(5) the applicant's record of past conduct shall be such that it would not be
contrary to the public interest for a licence to be granted or renewed .
(6) the applicant is of good character ;
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(7) the applicant is able to understand and comprehend the regulations of this by-
law in order to ensure the Licensing Officer of his/her compliance .
8 .
Notwithstanding Section 6 of this schedule, the Licensing Officer may issue a
taxicab driver's licence under the following circumstances ;
(1) an applicant who has been found guilty of a criminal offence and received an
absolute discharge may be granted a licence ;
(2) an applicant who has been found guilty of a criminal offence and received a
conditional discharge and/or suspended sentence may be granted a licence on
the condition that it be reviewed after a period of six months ;
(3) an applicant who has been found guilty of a summary conviction offence
under the Criminal Code may be granted a licence on condition that it be
reviewed after a period of six months .
PLATE OWNER'S LICENCE REQUIREMENTS
9 . Every applicant for a plate owner's licence shall file with the Licensing Officer :
(1) a current valid driver's licence issued pursuant to this by-law, or in the case
of a Corporate applicant a current valid driver's licence issued pursuant to
this by-law for the shareholder which controls fifty-one percent (51%) of the
voting rights ;
(2) a current passenger motor vehicle permit, which is in good standing, issued
in the name of the applicant by the Ministry of Transportation (Ontario), for
the vehicle of which he is the owner ;
(3) for each vehicle, a policy or certificate of insurance endorsed to the effect
that the Licence Officer will be given at least five (5) days notice in writing of
any cancellation, expiry or variation in the amount of the policy, insuring to a
limit of at least $1,000,000.00 (exclusive of interest and costs) the applicant
and all drivers against loss or damage resulting in bodily injury to or death of
any one person including property damage;
(4) current valid Safety Standards Certificate in accordance with the provisions
of the Highway Traffic Act, R .S .O . 1990, c.H . 8, as amended .
10 . Every applicant for a plate owner's licence shall submit the request for a licence
by September 30 of each year .
11 . Every applicant for a plate owner's licence shall submit for inspection and
approval by a Licensing Officer the vehicle for which the plate will be issued .
12 . Every plate owner shall :
(1) Employ or use only the services of drivers licensed under this by-law;
(2) Give to each of his drivers at the expiry of the driver's work shift, a receipt
for the total of all the fares collected and given to him by the driver ;
(3) Repair immediately any mechanical defect in his vehicle reported to him by
a driver .
13 . No person shall operate a taxicab for hire unless he/she has a permanent stand
from which to operate such vehicle . The building in which such permanent stand
is located shall comply with all applicable by-laws of the Township .
14 . All owners of taxicabs licensed under this by-law shall be supplied with a
numbered plate for each cab so licensed .
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15 . No plate owner shall operate or allow to be operated, a taxicab without the most
up-to-date fares being posted in a conspicuous place .
CORPORATE APPLICANTS AND LICENSEES
16 . No corporation may hold a broker's licence or plate owner's licence unless a
licensed driver controls at least fifty-one percent (51 %) of the voting rights
attached to the shares of such corporation .
NUMBER OF PLATES
17 . No more than ten (10) plate owner's licences shall be issued .
TRANSFER
18 . No plate owner's licence or a taxicab driver's licence shall be transferred .
BROKER'S LICENCE REQUIREMENTS
19 . Every applicant for a broker's licence or licensee shall file with the Licensing
Officer :
(1) a list of all current shareholders, officers and directors, where the broker is a
corporation ;
(2) a list of all owners to whom the broker dispatches or with whom the broker
has entered into any arrangement for services . Such list shall include every
motor vehicle to whom the broker dispatches and shall identify each vehicle
plate number;
(3) a copy of the brokers Federal Radio Licence "call" sign and frequency
number ;
20 . Every taxicab broker shall :
(1) maintain a permanent business office within the Township ;
(2) require all plate owners, lessee's and drivers who have entered into
arrangements with the broker for the provisions of brokerage services to use
a design of roof sign approved by the Licensing Inspector ;
(3) written notification within five (5) days of any additions to or deletions from
the list referred to in Section 19 (2) of this schedule ;
(4) carry on the brokerage business twenty-four (24) hours a day during the term
of his licence, unless otherwise directed by Council ;
(5) not accept calls for, or in any way dispatch or direct calls to taxicabs other
than those whose owners are licensed under this by-law, unless otherwise
approved by Council ;
(6) not accept calls for, or in any way dispatch or direct calls to taxicabs where
the activity would be an illegal or an unlawful act ;
(7)
(8)
serve customers in a "first come, first served" basis ;
inform customers of the approximate time of day where delay is anticipated
before accepting the order;
(9) dispatch only to drivers licensed under this by-law.
21 . No broker shall be compelled to accept an order from a person who has not made
payment for any previous trip .
CANCELLATION OF A LICENCE
22 . A licence issued to a plate owner, or a broker under this by-law may be cancelled
by Council at any time, if the plate owner, or broker fail to actively operate the
motor vehicle or carry on the brokerage business for which the licence has been
issued for a continuous period of sixty (60) days, unless just cause for such
failure can be shown to the satisfaction of Council .
DRIVER'S DUTIES
23 . Every driver shall :
(2)
each day upon completion of the operation of a motor vehicle, return the
vehicle to his employer and examine the motor vehicle and report all
defects in the motor vehicle and all accidents to the owner of the vehicle or
the broker ;
(4) behave courteously ;
(6)
in an area approved by the Licensing Officer or Licensing Inspector, display
a current list of fares card and display in a conspicuous place in a holder his
driver's photograph card which includes the identifying number of the
vehicle ;
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each day before commencing the operation of a motor vehicle, examine the
motor vehicle for mechanical defects or interior or exterior damage to the
vehicle, and report forthwith any defects found, to the owner of the vehicle
or the broker;
maintain good grooming and proper hygiene ;
provide passengers with a receipt for fares paid on an authorized form,
showing the driver's name, licence number and an identifying number for
the motor vehicle and mileage traveled, whenever requested or whenever
there is a dispute over the fare ;
every person licensed under this by-law shall be in possession of his licence
at all times while operating a taxicab .
when a passenger enters a vehicle and gives the driver the destination, the
driver shall take the shortest possible route to the destination desired, unless
the passenger designates otherwise ;
(9)
immediately engage the meter when a passenger first enters the taxicab,
which meter shall remain engaged throughout the trip ;
(10) when the trip is prearranged and the driver has notified the passenger that
the taxicab is available and the driver has waited a reasonable time after
notifying the passenger, the meter may be engaged by the driver and shall
remain engaged through the trip until cancellation ;
(11) at the conclusion of a trip, the driver shall bring the passengers attention to
the amount of the fare;
(12) only charge the fare shown on the posted rates and where there is no posted
rates there shall be no charge for the trip ;
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(13) ensure the rates set out in the posted rates shall be calculated from the time
and place the passenger first enters the taxicab to the time and place the
passenger finally discharges the taxicab ;
(14) when a dispute arises between a passenger and a taxicab driver about the
fare, the driver may refer the dispute to the nearest police officer for
arbitration .
24 . No driver licensed under this by-law shall :
(1) carry in any vehicle licensed under this by-law, a greater number of
passengers than is set out in the manufacturer's rating of seating capacity for
such vehicle;
(2) drive a vehicle with luggage or any object placed in, hung on, or attached to
the vehicle in such manner as will obstruct the driver's view of the highway ;
(3) drive a vehicle which does not have an owner's plate affixed at a location on
the vehicle in an area approved by the Licensing Inspector;
(4) take, consume or have in his possession any alcohol, drugs or intoxicants
while he is in charge of a vehicle for which he is licensed as a driver under
this by-law ;
(5) take on any additional passenger(s) except at the request of the passengers
already in the vehicle;
(6) take on any additional passengers when operating a motor vehicle which is
being used exclusively for the transportation of children to and from school ;
(7) while carrying passengers, smoke any cigar, cigarette, tobacco or other
substance ;
(8) purchase or hold liquor, wine or beer in any taxicab between the hour after
the closing of Retail Liquor or Beer Stores and the opening of Retail Liquor
or Beer Stores in the forenoon of a following day ;
(9) No taxicab driver licensed under this by-law shall loiter along the streets of
the Township in his taxicab .
No driver shall permit the taxicab to stop, stand or park upon a highway in the
Township except for the immediate purpose of:
receiving or discharging a passenger who has engaged the taxicab ;
upon the instructions of a passenger by whom the taxicab is already engaged, and in
continuance of that engagement ; upon conducting personal business ; or as authorized
by Council .
RE-PHOTOGRAPHING OF DRIVERS
25 . If at any time the driver's photograph is not a reasonable likeness of the driver
because of physical changes, passage of time, or poor quality photography the
Licensing Officer may require the driver to have another photograph taken.
RETURNING OF LOST PROPERTY
26 . Every driver shall take due care of all property, delivered or entrusted to him for
conveyance, and immediately upon his termination of any hiring engagement
shall carefully search the vehicle for any property lost or left therein ; and, all
property or money left in the vehicle shall be forthwith delivered over to the
person owning the property or money and if the owner of the property or money
cannot at once be found, the driver shall deliver the property or money to the
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nearest police station with all the information in his possession regarding the
property or money, and immediately notify his dispatcher of such property .
DRIVER CONDUCT
27 . Every driver shall :
(1) if he/she wants to enter a taxicab stand with his taxicab, do so by taking his
position at the end of any line formed by taxicabs already in the stand ;
(2) if he/she is not the first taxi in line at the stand, he must refuse the fare and
direct the passenger to the first taxi in line ;
(3) while waiting in the taxicab at a taxicab stand or at any public place not
obstruct or interfere in any way with the normal use of the taxicab stand or
the public place or interfere with the surrounding traffic patterns ;
(4) not make any loud noise or disturbance while waiting in a taxicab at a taxicab
stand or in a public place ;
(5) while waiting at a taxicab stand or public place be sufficiently close to his
taxicab to have it under constant observation ;
(6) while waiting with a taxicab at a taxicab stand or public place, not make
repairs to the taxicab unless such repairs are immediately necessary ;
(7) not push or bump any other taxicab at the taxicab stand;
(8) when a vacancy occurs any driver waiting at the taxicab stand must fill the
vacancy by advancing his taxicab ;
(9) not pick up any passenger within two hundred (200) metres of a taxicab stand
when there is one or more taxicabs upon the stand, except, where an
arrangement has been previously made with the passenger to pick him up at
that location ;
(10) serve the first person requiring the service of his taxicab, anyplace within
the Township, at any time provided such person is not disorderly or does
not refuse to give his destination ;
(11) punctually keep all of his appointments, and shall not make any
appointments if a previous engagement would prevent him from fulfilling
it; provided however, that he shall not be compelled to accept any order
from a person who owes him for a previous fare or service ;
(12) when using a taxicab for transportation of passengers not for gain or
reward :
(a) remove the roof light from the taxicab ;
(b) put the meter in a non-recording mode
TRIP RECORD
28 . Every driver shall :
(1) keep a trip record and this trip record shall include the following :
a . the Ontario Motor Vehicle Permit number of the motor vehicle used ;
b . the name, address and identification number of the driver ;
c. the date, time and location of the beginning and end of each trip ;
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d . the amount of the fare collected for each trip ;
(2) Every driver shall turn over a copy of all trip records pertaining to his work
shift and shall turn over all fares collected, less the amount of commission or
other payment as was previously agreed upon between the driver and the
owner, to the owner, broker or their designate ;
(3) A driver shall not obstruct traffic while writing up the trip record and each
trip shall be completely recorded prior to the commencement of the next
following trip ;
(4) Every plate owner and lessee shall retain for a period of at least 3 years, all
trip records for all vehicles owned by him for which he has a licence under
this by-law.
VEHICLE MARKINGS
29 . Every plate owner, driver or lessee shall :
(1) not display on any vehicle licensed under this by-law, any metal vehicle
number plate or permit issued by any other municipal licensing authority ;
(2) not operate or permit to be operated as a taxicab any vehicle without an
owner's plate issued pursuant to this by-law affixed thereto ;
(3) not operate or permit to be operated as a taxicab any vehicle which is not in
good mechanical condition ;
(4) not enter into a lease agreement with respect to the plate unless a copy of
such lease agreement is filed with the Licensing Officer forthwith ;
(5) securely affix the owner's plate on the right rear of the trunk lid of the
taxicab so as to be clearly visible to the public at all times ;
(6) affix in a location approved by the Licensing Officer or Licensing Inspector,
an indicator light and roof sign identifying the company name and telephone
number;
(7) ensure no roof sign is used on a taxicab unless approved by the Licensing
Officer or Licensing Inspector ;
(8) ensure there is no display of any emblem, decal, advertisement or other
markings on or in the taxicab which has not been approved as to form and
location by the Licensing Officer or Licensing Inspector;
(9) if affiliated with a broker, the broker's name and/or phone number shall be
on the roof sign ; if not affiliated with a broker the roof sign must indicate in a
manner approved by the Licensing Inspector that the vehicle is a taxicab ;
VEHICLE MAINTENANCE
30 . A plate owner, lessee or driver shall operate, or permit to be operated, a vehicle
only if the following requirements are met:
(1) the vehicle is equipped with a spare usable tire and a suitable jack for lifting
the taxicab which are ready for use ;
(2) the vehicle meets the standards required for the issue of a Safety Standards
Certificate in accordance with the provisions of the Highway Traffic Act,
R.S.O . 1990, c . H .8, as amended, at all times ;
(3) the vehicle is clean, in good repair as to its interior and exterior, free from
exterior body damage and with well maintained exterior paint finish, trim and
wheel covers ;
(4) the meter is sealed ;
(5) the vehicle is equipped with hubcaps and fenders .
31 . A plate owner or driver shall :
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(I) if a Licensing Inspector believes a licensed vehicle may be mechanically
defective or unsafe, submit the vehicle for inspection by a Licensing
Inspector, or for examination by a qualified mechanic . The Licensing
Inspector may remove the plate and require the owner or driver to submit his
vehicle forthwith for examination by a mechanic ;
(2) where the Licensing Inspector requires a vehicle to be examined or inspected,
not operate the vehicle as a taxicab until it has passed such examination or
inspection to the satisfaction of the Licence Inspector ;
(3) the Licensing Inspector may require any vehicle to be re-examined by a
mechanic of the Licensing Inspector's choice ;
(4) where the Licensing Officer has suspended the use of a plate in accordance
with this by-law, not operate or permit to be operated as a taxicab the vehicle
for which the plate has been suspended .
32 . No person shall fail to submit a vehicle for inspection or examination as required
pursuant to this by-law .
FARES
33 . Every driver shall, if the destination of a trip is within the boundaries of the
Township agree before the trip with the passenger to a flat rate fare .
34 . Every driver of a taxicab may, if the destination of a trip extends beyond the
boundaries of the Township, agree before the trip with the passenger to a flat
rate fare.
35 . No plate owner, lessee or driver shall :
(1) induce any person to engage his taxicab by any misleading or deceiving
statement or representation about the location or distance to any destination ;
(2) publish or use any fare other than the fare which has been authorized by this
by-law ;
(3) recover or receive any fare or charge from any passenger or persons who has
demanded their services which is greater or lesser than the fare or charge
authorized by this by-law ;
(4) recover or receive any fare or charge from any person to whom he has refused
to show the list of fares ;
(5) make any charge under this by-law for time lost through defects or
inefficiency of the vehicle or the incompetence of the driver;
(6) make any charge for the time elapsed due to early arrival of the vehicle in
response to a call for a vehicle to arrive at a fixed time .
PLATE OWNER'S PRIORITY LIST
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36 . PLACEMENT ON THE PRIORITY LIST
(1) Where a completed application along with the appropriate fee for a plate
owner's licence is received by the Licensing Officer, which meets all the
requirements of this by-law, but where a licence cannot be issued because of
the limitation on the number of licences set out in this by-law or any
amending by-law, the applicant's name shall be placed on the priority list by
the Licensing Officer for the issuing of owner's plate provided the following
requirements are met :
a .
the applicant has been licensed as a driver for at least twelve (12)
months prior to the date that the application for the plate owner's
licence is filed with the Licensing Officer ;
b .
the applicant has been driving a taxicab in the Township for an
average of at least thirty-five (35) hours a week for forty-four (44)
weeks of the twelve (12) month period immediately preceding the date
the application is filed with the Licensing Officer, and has filed
supporting documentation to that effect to the satisfaction of the
Licensing Officer .
37 . STAYING ON THE PRIORITY LIST
(1) Every person whose name has been placed on the priority list shall, on or
before December 31 st in every year after his name has been so placed, file
with the Licensing Officer ;
a . a statement in writing signed by every person by whom the applicant
was employed or to whom the applicant provided service as a taxicab
driver, indicating the period during which he worked for or provided
such services to each such person ;
b . a copy of the applicant's Income Tax Return for the preceding year in
the form in which it was submitted to the Federal Government;
c . pay the appropriate fee .
(2) When a name is placed on the priority list pursuant to this by-law, it shall
remain on the list so long as the applicant continues to meet the applicable
requirements and he files the required documentation .
(3) Where an applicant whose name has been placed on the priority list, is unable
to continue to drive a taxicab on account of illness, injury or other medical
reasons, his name may nevertheless remain on the list provided :
a . he files a doctor's certificate establishing that throughout the period
during which he did not drive a taxicab, he was physically unable for
medical reasons to drive a taxicab; and
b. such period of time does not exceed two (2) years .
(4) Where an applicant's name has been on the priority list for five (5) years his
name may remain on the list while the applicant attends, on a full time basis,
an Ontario Educational Institution which is recognized by Council, provided
such attendance does not exceed twenty-four (24) months and provided the
applicant files proof of enrolment in such institution .
(5) The provision of subsections 3 and 4 only apply if the applicant gives written
notification to the Licensing Officer of his intention to rely on the subsections .
INSPECTION OF PRIORITY LIST
38 . The priority list shall be available for inspection during business hours, at the
office of the Licensing Officer .
ISSUING OF A PLATE FROM PRIORITY LIST
39 . Whenever a plate is to be issued, it shall be issued to the person whose name
appears first chronologically on the priority list .
HEARING
40 . Where an applicant fails to continue to meet the requirements of this by-law, the
Licensing Officer shall recommend to Council that the applicant's name be
removed from the priority list and the applicant shall be notified in writing of the
recommendation at his last known address and the applicant may require a
hearing on the recommendation before a Committee of Council and the
provisions of this by-law respecting hearings shall apply.
LEASE OF PLATE
41 . No person shall lease any taxicab plate .
DISPOSAL OF TAXICAB
42 . (1) Where the plate owner or lessee ceases to operate a vehicle as a taxicab he
shall immediately remove from such vehicle :
a. the roof light ;
b . the meter;
c . all identifying decals or markings ;
d . any other markings which would identify the vehicle as a taxicab .
(2) Where the plate owner ceases to operate a vehicle as a taxicab he shall
immediately notify the Licensing Officer .
CHANGE OF TAXICAB
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43 . At such time as a taxicab owner licensed under this by-law proposed to change
the vehicle that he uses for a taxicab, and proposes to use another vehicle as a
taxicab, the owner shall apply to the Licensing Officer by completing an application
form and provide :
a current vehicle permit, which is in good standing, issued in the name of
the applicant by the Ministry of Transportation (Ontario), for the vehicle
which he is the owner;
(2)
for each vehicle, a policy or certificate of insurance endorsed to the effect
that the Licensing Officer will be given at least five (5) days notice in
writing of any cancellation, expiry or variation in the amount of the policy,
insuring to a limit of at least $1,000,000.00 (exclusive of interest and costs)
against loss or damage resulting in bodily injury to or death of any one
person including property damage ;
a current valid Safety Standards Certificate in accordance with the
provisions of the Highway Traffic Act, R.S.O . 1990, c .H . 8, as amended .
39
(4)
Pay the applicable fee as set out in the Township's Fee Schedule By-law .
PLATE OWNER TERMINATION WITH BROKER
44 . Where a plate owner or lessee ceases to operate through a broker he shall
forthwith :
(1) remove from his vehicle the broker roof light, telephone number, colour
scheme and any decals or other broker markings ; the radio crystals of the
taxicab broker ;
(2) return all business cards and other equipment belonging to the broker .