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HomeMy WebLinkAboutBy-law 4275/72SCIUMULE "A" to By-law Nlo. -127-a, 12-of the Corporation of the Towishin of Pickering dated this 5th day of i wo@miK-r 1972-5 4 relating to operators R?e??? r,arai;e . 1. No person licensed as the operator of a public garage or autorao'uile service station shall store or park or allow to be stored or parked thereat any trailer use for human habitation while so stored or parked. 2. No person owninL, or keeping an automobile service station license'. under the provisions of this by-law, shall use or permit his auto- mobile service station to be used for the purpose of wreckir. , parkin.,, storing or selling motor vehicles, or for performing therein any repairs to motor vehicles other than minor running; repairs essential to the actual operation of such vehicles or for storin!7 and keeping for scle a:V articles, accessories or merchandise of any kind other than ,gasoline, oil, grease, anti-freeze, tires, tubes, automotive accessories and parts required for minor repairs. Notwithstanding the fcre;;oint; automatic venc'ia, machines may be "opt and operated at an automobile service station. 3. Every applicant for a license to operate a parking station or parking lot shall includo in his application a statement setting forth; (a) The location and dimensions of the lands in respect of which he seeks such license (hereinafter refc;rred to as the Licensed Premises); (b) The max'mum nurioer of motor vehicles proposed to be parked' or stored at or upon such premises at any one time; (c) The hours during which such premises will be open for business; (d) The location :_f each proposed entrance to and ex+t front such premised; (e) The location, size and type of construction of any office prop.>aed ; o be used or erected at or up.,a such premises. 4. Every person licensed to operate P. parkinf- st;aian c.r parking lot shall; (1) If he enrages in driving, operating, ar moving motor vehicles parked or c.,tore' at or upon the licensed premises, be the holder of an Operator's or Chauffeur's License unc:er The Highway Traffic Act and shall not, employ any person or permit any employee to likewise drive or operate such motor vehicles unless such person is the holder of such an Operator's or Chauffeur's License. (2) While on du'_v nt or about the Licensed Premises, carry on his person a badge bearing the words "Garage Attendant" which badge shall be obtainable from the Clerk at a cost of $1.00, and shall display same constantly and conspicuously on the outside of his clothing; and shall require every person employed by him ti receive, -'rive, operate; move or deliver motor vehicles parked or stored at or upon the Licensed Premises similarly to carry and display such a badge; any. every application for such badge shall be made on the form provide:; by and obtainable from the Clerk, (3) Display in a conspicuous place at cr upon the Licensed Premises a sign cr signs cf design which is nut misleading nnO bearin- (a) in letters and figures of a uniform size but nit less than three inches in height, his rates or charges for parking cr storing motor vehicles and (b) in readily legible letters, the hours during which the Licensed Fremises are open £-,,r business, his nasue avid address. C.>n t irnued...... 2 - 2 - :. (4) Provide ;roper means of ingress and egress to and from the Licensed Premises, to the satisfaction of the Council oa he basis of not more than thirty feet for each seventy feet, or less, of _ronta;e which the Licensed premises has on any street; nrovi'_ed that in the case of any parking stnt'on or parkin; loc located at a corner lot, no entrance or exit shall be located less-than twenty-five feet from the nearest: intersecoAon of On curbs of the intersecting :streets unless at the date c_`. the passing of this by-law the said entrance or exit ups properly located leas there twenty-Ave feet from such intersection and was in accordance with al1 local by-laws applicable whereto. (5) Either by himself or through one or more amplo ces, dur_in: Lhe business hours specified in the sign or spas required by subsection 5, maintain constant and vigilaat supervision of every no`or vehicle parked or stored no or upon the Licensed Promises, provided that this provision shall not apply in the case of any Licensed Promises where each motor vehicle can be narked, or stored, and locked by the owner or operator there& in a location frog: which such mater vehicle can be removed without obstruction from other parked or stored motor vehicles. (6) Keep he Licensed Promises irea from rubbish and in a clean and neat condition and keep any sidewalk Or street upon which such promises abut, free from an dirt or other foreign o..,,_ance derived from such premisea or resultin, from the woe thereof. (7) Where practicable, prevent the drainoee of surface water neross any sidewalk upon which the Licensed Premises Out. (2) V the time ok receiving each motor vehicle for the purpose of parki.nn or stori-nn some at Or upon the L.ceased Promises, rive ar cause to be ;riven to the person from whom the motor vehicle is received a nu.Xuered receipt bearing on the sT,..e side as the :lumber (a) a clear snue an+ the extent of the responsibility accepted by An licensee in respect to lots oft or damage to such motor vehicle :nd the conten'.s thereof chile parked, stored or aikorwi.se in the care and custody o nhe Licensee or any of his cwplnVoes and (b) the licensee's name,the location of tho L cenood P?vaise5, and the business hours spe& Pied in the si^n or signs required by subsection 3. (9) Whenever any motor vehicle remains continuously without goo%i reason at on upon the Licensed Premises for r re Shan tv niy- our hours, forthwith report to the nearest police stetion the make and provincial liaanse nu. nor cf hush morar vehicle. No person licensed to operate a parkin,; coaiicn or parking lot shall (1) Remove or cause to ba removed any :note from the Licensed Premises to anx, sidewalk or rondway upo_a which such premises abut; (2) Park or „core any motor vehicle on :pry highway upon which the Licensed Promises abut; (3) Lend, hire. or rent or cause or pnrmi` any employee or other person °o lend, hire or rent arty ma-ur v_`ticlo that has been received by err; or any of ..its ,mployucs ;or tKo purpose & paridnp o:: atorina same at or upon the Liconstd Promises; or use or cause or purnht any artplc;ee or other person 'o uoe any such ZoLor vehicle or Any nconcoary ..r equ!Dme.nt thereo: except for purposes neces3aril.y inclo,_ntirl parkinh or star 4V2 same, it `he Licensee is cl licensed to make motor ve::ic. o repairs, nevus ^.r 3 : Vo Lnt to make rcynirs therer.,, :1nnod... ..3 - J 6, No person licensed to operate a public garage shall remove or cause to be removed any snow from his public garage or automobile service station premises to any sidewalk or roadway upon which such premises abut. 7. Every person licensed to operate a parking station or parking lot shall at all times permit any person authorized by the Council to enter the Licensed Premises and make such inspection as nay be deemed necessary in order to ascertain whether or not the provisions of this By-law are being complied with. 8. (1) 11o person Licensed as the operator of a public -laral-e shall permit the engine of a motor vehicle in any building to run, whether on a frame or in a motor vehicle while stationery, unless adequate ventilation is provided to ensure dilution of any carbon monoxide fumes. (2) No public garage license shall be issued in respect of a building for which no license was issued in the previous year unless the applicant satisfies the LicensinZ Officer that the Department of Labour for the Province of Ontario has approved the plans for providing adequate ventilation facilities in that part of the building where motor cars may be stored or repaired. 9. No person licensed under this By-law as operator of a public garage shall upon the premises in respect of which such license is issued, carry on the business of washing or cleanin, notor vehicles by a chanical means unless such business was carried on upon such premises at the date of the passing of this by-law and was in accordance with all local by-laws applicable thereto, or unless such persons shall provide off-street parkin;, space at the place of ingress to such premises for at least 20 cars for each wash line, aM at the place of egrean frcr: each prenlnem for at least 3 cars. ? 10. No person licensed under this Dy-law for classification C shall have, keep, store, exhibit or offer for sale such cars unless such cars are enclosed within a buildin--er enclosed behind a fence of sufficient height and construction so that none of the cars stored on the premises shall be visible to a person six feet tall, standing at the grade level of the nearest roadway and distantACO feet from the nearest lot line, provided that in no event shall the fence be less than seven feet in height, unless such automobile bears a certificate of mechanical fitness certifyin.- that it is mechanically fit, as laid down in section 49 of the Highway Traffic Act P.S.O. 1960 and subsequently man-+. =to thereto, By-law read a first, second and third time this 5th day of Nesvember 1972. L THE, CORPORATION OF THE j TOWNSHIP OF PICKERIN y-LAW N0.4,2 G 7,5/ A by-law to license and regulate the operators of public garage within the Township of Pickering. WHEREAS paragraph 131 of Section 354 (1) of The Municipal Act, R.S.O, 1970 C. 284 provides that by-laws may be passed by councils of the local municipalities for licensing and regulating the operators of public garages including automobile service stations as defined in Clause A of paragraph 132 of the said Section 354, and for fixing fees o" such licenses, and for revoking such licenses and for imposing penalties for breaches of such by-laws and for the collection thereof; BE IT THEREFORE ENACTED BY THE 14UllICIPAL COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF PICKERING AS FOLLOWS; 1. In this by-law (a) "Council" shall mean the Municipal Council of the Corporation of the Township of Pickering. (b) "rotor vehicle" shall have the same meaning as defined in Section 1 (17) of The Highway Traffic Act, R.S.O. 1970 C. 202 (c) "public garage" shall include all those establishments listed in Column A hereunder and each such establishment which may be licensed under the provisions of this by-law shall be liven the appropriate license classification or classifications listed in Column B hereunder; COLUMN A Automobile Service Station as defined in Clause (a) of paragraph 132 of Section 354 (1) of The Municipal Act; COLUMN D License Classification A Parking Station or Parking Lot A building or place where rotor vehicles are kept for sale or stored A building or place where rotor vehicles are hired or kept or used for hire other than taxi stands and driving schools; A building or place wherein the main use is the washing of motor vehicles for compensation; A building or place used as a motor vehicle repair shop; Automobile paint and automobile body repair shop; A building or place used for the carrying on of the business permitted to an automobile service station in conjunction with some other retail business; License Classification B License Classification C License Classification D License Classification E License Classification F License Classification G License Classification H CcUtinu?. ....... 2. - 2 - 2, There shall be taken out by every operator of a public garage in the Township of Pickering a license from the Council authorizing him to carry on his business in the Township of Pickering, for which said license the person obtaining the care shall pay to the Township of Pickering at the time of taking out such license, the fee fixed by this by-law, and no person shall, within the limits of "he Township of Pickering, carry on or engage in any such business until he has procured such license to do so, 3. Before a license is granted, the applicant therefore shall make application to the Council through the Licensing officer upon such form or forms as may be from ti.-ie to time prescribed by the Council but not such application shall be required where a licenseedesires renewal of his license if the facts and conditions relnting thereto are the sane as when the original license was issued. 4. The Licensing Officer shall, upon receipt of the application referred to in the next preceding section, cake or cause to be rude all investigations which he deems necessary or which are required by law or by the Council relative to the application, and shall transmit the sane to the Reeve. 5. If the investigations referred to in the next precedin', section do not disclose any reason to believe that the carrying out of the applicant's business nay be in any way adverse to the public interest, the Council may direct the Licensing officer to issue the Iicense. 6. The Licensing Officer, or such other person as may be designated by the Council, shall on behalf of the Council sign all licenses issued thereby pursuant to this by-law and such licenses shall be in such form as the Council from time to time designates. 7. Every person obtaining a license under this by-law shall keep his license posted up in some conspicuous place on the pre:.iises in respect to which the license is issued, and every person so licensed shall when so requested by any person authorized by the Council, produce the license for inspection. 8. Any person duly authorized by the Council may at all reasonable times during business hours inspect the lands and premises of any person who has or is required to have a license under this by-law, and no person who has or is required to have a license under this by-law shall obstruct or hinder the baking of the inspection aforesaid, or cause or permit the same to be obstructed or hindered. 9. Where two or more persons carry on or engage in partership in any of the businesses set out in section 2 of the license v.ay be issued in the name of one partner only, but when the application for license is made the nacre and address of each member of the partnership shall be set out therein, and such license shall terminate on the dissolution of such partnership. 10. All licenses issued under this by-law shall be personal to the holder thereof and shall not be transferred. 11. Every person applying for or holui.ng a license under this by-law shall in such application or in carryin on or engaging in the business in respect of which the license is issued observe, comply with and be governed by the regulations sec out in Schedule "All to this by-law and the said schedule shall form part of this By-law. Continued ........ 2. - 3 - 12. That Council may revoke any license Issued under this by-law but before revoking any such license the holder therof shall be given at least 30 days notice mailed or delivered to his address last known to the Licensing Officer and shall be permitted either by himself of by his representative to appear before the Council to show cause why he believes such licenses should not be revoked. 13. Notice of the revocation of any license may be given by the Licensing Officer by registered letter mailer; to the address iven by the licensee in his application for the license, or by comunication to the licensee in any manner whatsoever, and upon such notice the license revoked shall cease and terminate and be of no further effect. 14. Any person convicted of a breach of any of the provisions or requirements of this by-law shall be liable upon conviction therefor to forfeit and pay at the discretion of the Magistrate a penalty not exceeding $300.00 exclusive of costs for each offence. Every such penalty shall be recoverable under the provisions of the Summary Convictions Act. 15. Every license issued under this by-law shall, artless it is sooner revoked or forfeited, expire on the 31st day of December in the year in which it is issued. 16. The fee for a license under this by-law shall be $2.00 for each classification covered by such license, with a minimum fee of $5.00 17. By-law Number 2603 is hereby repealed. p?cs.?? aE2 By-law read a first, second and third time this 5th day of Hawmatat" 1972. Reeve l 1 c Clerk. cy,