HomeMy WebLinkAboutBy-law 5684/00THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NUMBER 5684/00
Being a by-law to regulate horse riding establishments in
the City of Picketing and provide safety measures for
persons while riding at those establishments.
WHEREAS pursuant to Section 257.2(1) of the Municipal Act, R.S.O. 1990, c. M.45, as
amended, every council may pass by-laws for licencing, regulating and governing any
business carried on within the Municipality;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. Definitions
In this By-law,
"assistant instructor" means a person who has attained the age of sixteen
years and has at least three consecutive year's experience in the
immediately preceding five years riding horses and who is directly
supervised by an instructor.
b)
"assistant trail guide" means a person who has attained the age of sixteen
years and has at least three consecutive year's experience riding and
working with horses at a trail riding establishment, in the immediately
preceding five years.
c) "City" means the Corporation of the City of Pickering.
d) "Council" means the Council of the Corporation of the City of Pickering.
"drag" means a substance as listed in Schedules I, H, m, IV or V of the
Controlled Drugs and Substances Act S.C. 1996. c. 19, as may be amended
from time to time.
"head trail guide" means a person who has attained the age of eighteen
years and has at least three consecutive year's experience in the
immediately preceding five years leading trail rides or cross-country
location.
g) "horse" means any animal of the equine species.
"horse riding establishment" means the carrying on of a business in the
equine industry and is further divided into the following disciplines:
i)
"trail riding establishment" means the carrying on of a business
where horses are let out for hire for recreational riding for
payment, either at a permanent or temporary location.
"instructional riding establishment" means the carrying on of a
business where horses are let out for hire for providing instruction
for payment, either at a permanent or temporary location or where
instruction is provided in horse riding where the horse is owned
and boarded or part boarded.
i)
"instructor" means a person who has attained the age of eighteen years and
has at least five consecutive year's experience in the immediately
preceding seven years riding horses or a person who has been certified by
the Ontario Equestrian Federation, Canadian Equestrian Federation,
Canadian Therapeutic Riding Association, Certified Horseman's
Association or the British Horse Society or other credited Equine
Association or Institution
"lead line ride" means a single horse led by a walking adult holding the
horse's lead rope.
"Municipal Clerk" means the Municipal Clerk for the Corporation of the
City of Pickering.
l)
"person" includes a natural individual, a corporation, association or
pannership.
"Provincial Offences Officer" means a person appointed by by-law of the
Corporation of the City of Pickering as a Provincial OfFences Officer
pursuant to the authority under s. 15 of the Police Services Act. R.S.O.
1990, c. P.15 or designated in writing by a Minister under Section 1(3) of
the Provincial Offences Act, R.S.O. 1990. c. P.33.
2. Licence Required - Offence
No person shall conduct any business in or upon any premises or part thereof, or
carry on any trade or calling in the City of Picketing for which a licence is
required under Section 3 hereof unless they hold a licence issued therefore by the
City and has paid the lieenee fee therefore, required by this By-law, in accordance
with Schedule "A" hereto.
3. Licence Required - Horse Riding Establishments
A licence shall be obtained by every person who carries on the business of a horse
riding establishment for the purpose of instructional or trail horse riding within
the limits of the City of Picketing.
4. Application - Time For
Applications for the issuance or renewal of a licence for a horse riding
establishment for any given year must be received by the Municipal Clerk, in the
form prescribed by the Municipal Clerk, on or before the 31~t day of December
for the next ensuing licence and calendar year.
5. Licence - Must Comply With Zoning
No licence shall be issued for a horse riding establishment on premises where the
City's Zoning By-laws do not permit the use of those premises for such purposes.
Licence - Display
Each horse riding establishment licence, when issued,
conspicuous place on the premises so licensed.
shall be posted in a
Insurance Certificate - Requirement
Every applicant for a horse riding establishment licence must produce a certificate
signed by a licensed insurance broker certi~4ng that the premises in respect of
which the licence has been applied for has been insured for general liability and
personal injury in the sum of not less than two million dollars for any one
occurrence prior to the date of the application and be endorsed to provide that the
policy will not be altered, cancelled or allowed to lapse without thirty (30) days
prior written notice to the City.
Licence - Requirements
(1) No person shall be entitled to obtain a licence where:
the past conduct of the applicant or licensee affords reasonable
grounds for the belief that the applicant or licensee will not carry
on the activity for which the applicant is licensed or to be licensed,
in accordance with law;
b)
the issuance of the license or renewal of the license would be
contrary to the public interest;
the applicant or licensee is carrying on activities that are, or will
be, of the applicant is licensed, in contravention of this By-law;
d)
there are reasonable grounds for belief that the premises,
accommodation, equipment or facilities in respect of which the
license is required do not comply with the provisions of this By-
law or other applicable law; or
e)
if the applicant or licensee is a corporation, the past conduct of the
officers or directors affords reasonable grounds for the belief that
the applicant or licensee will not carry on the activity for which the
applicant is to be licensed in accordance with law.
o
Licence Revocation
A licence granted pursuant to this By-law may be revoked where the licensee
does not comply with the provisions of this By-law or where such licence has
been issued through error.
10.
Licence Suspension
Where any licensee is convicted of an offence under this By-law, the licence shall
be suspended forthwith and shall not be reinstated until a Provincial Offences
Officer certifies in writing that the conditions resulting in the conviction have
been remedied and that the premises and its proposed operation comply with this
By-law.
11.
12.
13.
14.
Licence - Expiration
Licences issued under the provisions of this By-law, unless otherwise expressed
to be granted for a shorter period, shaH expire on December 31~t of the year for
which they have been issued.
Licence - Non-transferable
No licence issued pursuant to this By-law is assignable or transferable.
Licence - Partnership
(1) Persons associated in a partnership applying for a licence under this By-
law shall file with their application a statutory declaration in writing,
signed by all members of the partnership, which declaration shall state:
(a) the full name of every partner and address of his, her or its
ordinary residence;
(b) the name or names under which they carry on or intend to carry on
business;
(c) that the persons therein named are the only members of the
partnership, and
(d) the mailing address of the partnership.
Licence- Corporation
(1)
Every corporation applying for a licence shall file with their application a
copy of its articles of incorporation or other incorporating document and
shall file a statutory declaration, in writing, signed by an officer of the
corporation, which declaration shah state:
the full name of every officer, director and shareholder and the
address of each officer's, director's and shareholder's ordinary
residence;
b)
the name or names under which it carries on or intends to carry on
business;
c)
that the persons therein named are the only officers, directors and
shareholders of the corporation; and
d) the mailing address for the corporation.
15.
Hearing
Where the Municipal Clerk believes that the applicant or licensee would
be disentitled to a license or a renewal thereof for any of the reasons set
out in this By-law, the Municipal Clerk shall not issue the license and the
Municipal Clerk shall recommend to Council that Council shall refuse to
issue or refuse to renew the license, or that Council suspend or revoke the
license, or recommend that a licence be issued subject to terms and
conditions.
(2)
Before Council refuses to issue or refuses to renew a license, or revokes or
suspends or cancels a license, a written notice advising the applicant or
licensee of the recommendation being made by the Municipal Clerk to
Council with respect to the license shall be given to the applicant or
licensee by the Municipal Clerk.
(3) The written notice to be given hereunder shall:
a) set out the grounds for the recommendation;
b) give reasonable particulars of the grounds;
c) be signed by the Municipal Clerk; and
d)
inform the applicant or licensee that they are entitled to a hearing
before the Council, if they deliver, within seven (7) days after the
date of service of the written notice, or the date of personal service
of the written notice, whichever is later, a written request for a
heating before the Council.
(4)
On receipt of a written request for a heating from an applicant or licensee,
the Municipal Clerk shall advise Council and request Council to convene a
meeting and shall give the applicant or licensee reasonable written notice
thereof.
(5)
The applicant or licensee shall have the right to make submissions in
support of an application or renewal or retention of a license at such
heating and when the applicant or licensee who has been given written
notice of the heating, does not attend at the proper time and place, the
Council may proceed with the hearing in the applicant's or licensee's
absence and the applicant or licensee shall not be entitled to any further
notice of the proceedings.
(6)
At the conclusion of the heating the Municipal Clerk shall, as soon as
practicable, prepare a written report on the hearing, which shall summarize
the evidence and the arguments presented by the parties to the hearing, set
out the findings of fact and the decisions made by the Council and set out
the reason for the decision.
(7)
If the applicant or licensee signifies that he is prepared to accept
conditions upon the license and to make no objection to such conditions,
Council may grant a license or the renewal of a license upon such
conditions as the Council consider appropriate.
16.
Inspections of Premises
The Municipal Clerk or a Provincial Offences Officer may, at any time during
regular business hours, enter upon the business premises of any licensee to ensure
that the provisions of this By-law have been complied with.
17.
Regulation of Carrying on Business
(1) No person shall carry on the business of a trail riding establishment, and
rent a horse to a person under the age of eighteen years unless that
person is wearing a designed riding helmet which is properly fitted
and fastened securely upon the fider's head by a harness, at all
times while that person is mounted on a horse;
b)
rent a horse to a person unless that person is wearing properly
fitting, hard and smooth soled footwear with a defined heel or
proper riding footwear with a defined heel;
conduct trail riding with less than one head trail guide for the first
six persons and an assistant trail guide for every additional six
persons;
d)
conduct trail riding without a head trail guide or assistant trail
guide carrying, at all times, a two-way communication device
where its signal will be received by another head trail guide, or
assistant trail guide who is not also on the same trail ride;
e)
permit more than one person to ride a horse at the same time
except for disabled riders with special needs within a designated
controlled environment;
t)
rent a horse unless that horse is known to be safe, sound and
schooled for the purposes intended and appropriately suited to the
rider's size and ability;
g) rent a lame, sick or blind horse;
rent a horse unless the horse is a minimum of three years of age
and the horse has one year of schooling unless that person is the
owner of that horse and provided that horses rented between three
years of age and six years of age shall have proof of an annual
dental inspection by an equine dentist or veterinarian;
i)
permit any person with less than 52 hours riding experience to
mount or dismount a horse for the purpose of trail riding unless
that horse is held at the bridle by an employee or volunteer of the
person carrying on the business and who is supervised by a head
trail guide; or
J)
rent, loan or otherwise allow a person to ride a lame, sick or blind
horse, and for the purposes of cross-country instruction or trail
riding a stallion or a horse under five years of age, unless that
person is the owner of that horse.
(2)
No person shall carry on the business of an instructional riding
establishment, and
instruct a person under the age of eighteen years to ride a horse
unless that person is wearing a designed riding helmet which is
properly fitted and fastened securely upon the rider's head by a
harness, at all times while that person is mounted on a horse;
b)
notwithstanding Section 17(2)(a), for the purposes of dressage or
precision riding performed as part of a special event where
ceremonial dress is worn by all riders, the requirements under
Section 17(2)(a) will not apply;
c)
rent a
fitting,
proper
horse to a person unless that person is wearing properly
hard and smooth soled footwear with a defined heel or
riding footwear with a defined heel;
d)
permit more than one person to ride a horse at the same time
except for special needs instructions for disabled riders;
e)
rent a horse unless that horse is known to be safe, sound and
schooled for the purposes intended and appropriately suited to the
rider's size and ability;
f) rent a lame, sick or blind horse;
g)
instruct a person to ride a horse unless the horse is a minimum of
three years of age and the horse has one year of schooling unless
that person is the owner of that horse and provided that horses
rented between three years of age and six years of age shall have
proof of an annual (minimum) dental inspection by an equine
dentist or veterinarian;
permit any person with less than 52 hours riding experience to
mount or dismount a horse for the purpose of instructional riding
unless that horse is held at the bridle by an employee or volunteer
of the person carrying on the business and who is supervised by an
instructor; or
i)
rent to a person to ride a horse where that person is taking,
consuming, possessing or is, or appears to be, intoxicated by
alcohol or a drug on any premises used for the carrying on of the
business of an instructional riding establishment.
18. Footwear - Exception
Provided that Sections 17(1)(b) and 17(2)(c) of this By-law shall not apply where
a rider has been provided with proper functioning and appropriately sized hooded
stirrups, a safety stirrups which are designed to prevent a rider's foot from passing
through or becoming wedged in the stirrup or stirrups which a~e designed to
break-away when a rider falls from the horse.
19.
Instructors - Minimum Qualifications
(1)
No person shall instruct persons in the riding of horses at an instructional
riding establishment unless:
they have attained the age of eighteen years and they have a least
five consecutive year's experience in riding or training horses
during the immediately preceding seven years; or
b)
they have attained the age of eighteen years and they have been
certified by the Canadian Equestrian Federation, Ontario
Equestrian Federation, Canadian Therapeutic Riding Association,
Certified Horseman's Association or British Horse Society or other
credited Equine Association or Institution.
20.
Assistant Instructors - Minimum Qualifications
0)
Notwithstanding the provisions of Section 19 of this By-law, a person
shall be permitted to assist in the instruction of persons in the riding of
horses at an instructional horse riding establishment where:
a)
b)
c)
they have attained the age of sixteen years;
they have at least three consecutive year's with horses in the
immediately preceding five years; and
they are under the supervision of an instructor who meets the
qualifications as provided for in Section 19 of this By-law.
21.
Head Trail Guide - Minimum Qualifications
No person shall conduct or lead a trail ride at a horse riding establishment unless
they have attained the age of eighteen years and they have a least three
consecutive year's experience assisting or leading trail rides in the immediately
preceding five years. All head trail guides employed by a trail riding
establishment must hold a current certification in first aid and cardiopulmonary
resuscitation and shall maintain a fully stocked first-aid kit on the premises.
22.
Assistant Trail Guide - Minimum Qualifications
No person shall assist the head trail guide on a trail ride at a trail riding
establishment unless they have attained the age of sixteen years and they have at
least three consecutive year's experience riding or working with horses at a trail
riding establishment in the immediately preceding five years. All assistant trail
guides employed by a trail riding establishment must hold a current certification
in first aid and cardiopulmonary resuscitation.
23.
Instructors - Prohibition from Consuming Alcohol or Drugs
No person shall instruct or assist in the instruction of persons in the riding of
horses at an instructional riding establishment while taking, consuming,
possessing or being, or appearing to be, intoxicated by alcohol or a drug.
24.
Minimum Age For Trail Riding Establishments
No person shall carry on the business of a trail riding establishment and rent to a
person under the age often years a horse for the purpose of trail riding.
25.
Minimum Age - Exception
Notwithstanding the provisions of Section 24 of this By-law, a person who
carries on the business of a trail tiding establishment may rent to a person
who has attained the age of at least six years to lead line ride a horse
where the horse is led by a capable walking adult who is in control of the
horse.
b)
Where the person is under the age of six years, the lead line fide will be
led by a capable walking adjust who is in control of the horse and
accompanied by a walking spotter.
26.
Condition of Grounds
No person shall carry on the business of a horse riding establishment on premises
without keeping the portion of the said premises ordinarily used for the riding of
horses clear of all ground and over-hanging obstructions. Where said obstructions
cannot be reared, the person carrying on the business of a horse riding
establishment shall barrier these obstructions such that horses and riders will not
come in contact with them.
27.
Condition/Fit of Tack
Prior to beginning instructions of conducting or leading a trail ride, the instructor,
head trail guide or an assistant instructor assigned to the instruction or tide, as the
case may be, shall examine the fit and condition of all equipment to be used by
each rider to ensure that it is clean, supple, well-fitting, secure and fully
functional.
28.
Initial Information For Trail Riding
Prior to conducting or leading a trail ride, the head trail guide or an assistant trail
guide assigned to the tider, as the case may be, shall provide basic information on
the handling of a horse and the basics of tiding a horse.
29.
Signage
A premises which contains a trail riding establishment shall contain a sign,
to be created and erected at the expense of the licence application holder,
with lettering a minimum of one half inches in height and the location of
which shall be approved by the Municipal Clerk, and which is in the form
as prescribed by Schedule "B".
b)
A premises which contains an instructional tiding establishment shall
contain a sign, to be created and erected at the expense of the licenced
application holder, with lettering a minimum of one half inches in height
and the location of which shall be approved by the Municipal Clerk, and
which is in the form as prescribed by Schedule "C".
~0. First Aid Certification
All head trail guides and assistant trail guides employed by a trail riding
establishment must hold a current certification in first aid and cardiopulmonary
resuscitation and shall maintain a fully stocked first-aid kit on the premises. A
qualified first aid provider, with current certification in first aid and
cardiopulmonary resuscitation, must be available whenever lessons are being
conducted at an instructional riding establishment and a fully stock first-aid kit
must be maintained on the premises.
31. False Information - Prohibited
No person shall knowingly give false information when applying for a licence
under this By-law.
32. Contravention - Fine
Every person who contravenes a provision of this By-law is guilty of an offence
and upon conviction is liable to a fine not exceeding five thousand dollars
($5,000.00) exclusive of cost, pursuant to the provisions of the Provincial
Offences Act, as amended.
33. Severability - Validity
Each and every one of the provisions of this By-law is severable and if any
provisions of this By-law should, for any reason, be declared invalid by any court,
it is the intention and desire of this Council that each and every of the then
remaining provisions hereof shall remain in full force and effect.
34. Headings
The headings in the body of this By-law form no part of this By-law but shall be
deemed to be inserted for convenience of reference only.
35. Short Title
This By-law may be referred to as the "Horse Riding Establishment By-law".
By-law read a first, second and third time and finally passed this 5th day of June, 2000.
SCHEDULE "A"
LICENCE FEE SCHEDULE
Original Licence
Annual Renewal
$250.00
$100.00
Other Fees
Late Renewal Fees
$25.00
SCHEDULE "B"
SIGN TO BE POSTED ON LICENSED PREMISES
The following regulations are imposed by City of Picketing By-law Number
which governs the operation of this business:
Patrons are advised that even with this safety equipment, horse riding contains inherent
risks which may result in serious injury or death;
Maximum six riders per leader
Minimum age for trail riding is ten years;
Lead line riding is permitted for children under the age often;
Helmets to be worn by ail persons under age 18 and strongly recommended for persons
over 18;
Hard and smooth soled shoes with a defined heel must be worn by all riders unless using
hooded, safety or break-away stirrups;
Inexperienced riders are asked to identify themselves to the instructor/leader; and
Patrons must disclose any medical problem or condition which may cause risk during the
trail ride.
SCHEDULE "C"
SIGN TO BE POSTED ON LICENSED PREMISES
OF AN INSTRUCTIONAL RIDING ESTABLISHMENT
The following regulations are imposed by City of Pickering By-law Number
governs the operation of this business:
which
Patrons are advised that even with this safety equipment, horse riding contains inherent
risks which may result in serious injury or death;
Helmets to be worn by all persons under age 18 and strongly recommend for persons
over 18;
Hard and smooth soled shoes with a defined heel must be worn by all riders unless using
hooded, safety or break-away stirrups; and
Patrons must disclose any medical problem or condition which may cause risk during
instructions.