HomeMy WebLinkAboutBy-law 4639/95 THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 4639/95
Being a By-law to provide for the regulation of Canada Post
Boxes and Newspaper Boxes on Highways under the
jurisdiction of the Town of Pickering.
WHEREAS Section 232.5 of the Municipal Act, R.S.O. 1990, c.M.45, authorizes a Municipality
to license, regulate and govern persons selling newspapers and magazines upon a highway;
AND WHEREAS Section 308.3 of the Municipal Act, R.S.O. 1990, c.M.45, authorizes a
Municipality to regulate the placement and use of objects an any highway, as well as charge a fee
for such use;
NOW THEREFORE, THE COUNCIL OF THE TOWN OF PICKERING HEREBY
ENACTS AS FOLLOWS:
1. For the purpose of this by-law, the term,
(a) "Town" means the Corporation of the Town of Pickering;
(b) "Director" means the Director of Public Works for the Corporation of the Town of
Pickering, or his/her designate;
(c) "Canada Post Box" means any receptacle, excluding existing and proposed
Supermailboxes, which is owned by Canada Post Corporation and is used for the
purposes of collecting mail or relaying of same to postal carriers;
(d) "Newspaper Box" means any type of vending box or other receptacle used for the
purpose of displaying or distributing any newspapers, magazines or other
publications;
(f) "Highway" means the entire right-of-way of a common and public highway, street,
avenue, parkway, driveway, square, place, viaduct or trestle, designated and intended
for, or used by, the general public for the passage of vehicles;
(g) "Permit" means a document as issued and authorized by the Director, for the
placement of one or more Canada Post Boxes or Newspaper Boxes upon a
Highway under the jurisdiction of the Town.
(h) "Permittee" means an applicant who has received permission from the Director to
place a Canada Post Box or Newspaper Box on Town Highways in accordance with
the provisions of this By-law.
2. An applicant seeking a permit to place a Canada Post Box or Newspaper Box shall apply to
the Director by completing a standard application form provided for that purpose by the
Town.
3. At the time of application, the applicant must pay in full, a one-time inspection and
processing fee for each Canada Post Box or Newspaper Box location requested. Upon
approval of the submitted application, the Permittee must pay in full the cost of standard
installation plus an annual administration and maintenance fee for each approved Canada
Post Box or Newspaper Box location. The annual administration and maintenance fee, which
covers the period from January 1 st, to December 31 st, may be set by the Council of the Town
of Pickering from time to time for each permit year thereafter, and must be paid in full by
January 31 st, of each permit year. New permits issued after January 31 st, will be subject to a
monthly pro-ration of the annual administration and maintenance fees.
4. (a) The Permittee shall, at all times during the permit term, maintain public liability
insurance to the satisfaction of the Town in the amount of $2,000,000.00 naming
the Town as an additional insured, and shall file with the Town a certificate of
insurance setting out the essential terms and conditions thereof;
(b) The maintenance of such a policy shall not be construed as relieving the Permittee
from liability or responsibility for other or larger claims, if any, for which the
Permittee may be held liable or responsible.
5. The Permittee must also agree in writing to indemnify and save harmless the Town from any
actions, claims, damages or loss whatsoever arising from the issuance of the permit or
anything done or neglected to be done in connection with the permitted use.
6. The permit issued by the Director shall be subject to the following terms and conditions:
(a) The specific location of each Canada Post Box or Newspaper Box shall be subject to
the approval of the Director, which may approve or disapprove of any location or the
continuance of any location as in its absolute discretion it deems advisable, and,
without limiting the generality of the foregoing, it may take into consideration such
factors as public safety, traffic patterns, utility locations and pedestrian convenience;
(b) The Permittee will be required to place each Canada Post Box or Newspaper Box on a
concrete pad or other approved surface which will be installed by the Town at the
expense of the Permittee. The Permittee will also be responsible for the costs
associated with providing an acceptable mounting system. If multiple applicants, to a
maximum of four (4), request the same location at the time of installation, the costs
will be shared equally;
(c) Each Canada Post Box or Newspaper Box must be securely fastened by the Permittee
to the mounting system, concrete base, or other approved surface, in a manner which
is acceptable to the Town. Under no circumstances shall it be it affixed to any
traffic control device, street name signpost, bus shelter, telephone booth, tree, or any
other post, pole or equipment maintained by the Town, the Regional Municipality of
Durham, Pickering Hydro, Bell Canada, Consumers Gas, Shaw Cable or any other
agency authorized by the Town to maintain equipment on, over, or under the
Highway;
(d) Canada Post Boxes and Newspaper Boxes must be maintained by the Permittee in a
neat, clean and rust free condition at all times;
(e) No advertising will be permitted on any Canada Post Box or Newspaper Box, except
in one small area of the Newspaper Box where the name of the newspaper, the price
and the instructions for the use of the Newspaper Box will be allowed to appear;
(f) If a Canada Post Box or Newspaper Box installation is vacated and its approved
location is unwanted by the Permittee or others, within thirty (30) days, its concrete
pad, if applicable, may be removed by the Town at the expense of the Permittee. All
other necessary boulevard restorations will also be completed to the Town's
satisfaction by the Town at the sole expense of the Permittee.
7. The Town, The Regional Municipality of Durham, Pickering Hydro, Bell Canada,
Consumers Gas, Shaw Cable or any other agency authorized by the Town shall be allowed to
enter the area occupied by the Permittee for the purpose of maintenance or installation of
services. If it is necessary for the Town or any other authorized agency to move any Canada
Post Box or Newspaper Box for such entry, they will not be held responsible for any damage
to the Canada Post Box, Newspaper Box, or their contents.
8. Any permit issued pursuant to this By-law may be revoked by the Director if any of the
provisions of the By-law are not complied with by the Permittee, or should, in the absolute
discretion of the Director, the location of any Canada Post Box or Newspaper Box no longer
be deemed appropriate. In such an event, the Permittee shall remove at his/her own cost all
boxes within thirty (30) days after receiving written notice of such cancellation. If the
Permittee neglects, refuses or fails to do so, then the Town may remove all such boxes and
restore the area occupied by such installations to a safe and proper condition and may charge
the cost thereof to the Permittee, of which cost the certificate of the Town shall be final and
the Town may recover such costs from the Permittee in any court of competent jurisdiction as
a debt owing to the Town.
9. All Canada Post Boxes and Newspaper Boxes must be brought into conformity effective
December 31, 1996.
10. Any person who contravenes any provisions of this By-law is guilty of an offence and upon
conviction thereof is liable to a fine of not more than Five Thousand ($5,000.00) Dollars, for
each offence committed.
By-law read a first and second time this 26th day of June, 1995.
By-law read a third time and finally passed this 5th day of February, 1996.
Mayor