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HomeMy WebLinkAboutBy-law 4717/95 THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 4717/95 Being a by-law to define areas within the Town of Picketing in which adult entertainment parlours may or may not be located WHEREAS pursuant to the provisions of section 225 of the Municipal Act, R.S.O. 1990, chapter M.45 (the "Act"), by-laws may be passed by the councils of all municipalities for defining the area or areas of the municipality in which adult entertainment parlours may or may not operate; AND WHEREAS the Council of The Corporation of the Town of Pickering wishes to define areas within the Town where adult entertainment parlours may or may not operate. NOW THEREFORE, the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. In this by-law the term, (a) "adult entertainment parlour" means any premises or part thereof in which is provided, in pursuance of a trade, calling, business or occupation, services appealing to or designed to appeal to erotic or sexual appetites or inclinations; (b) "attendant" means a natural person whose trade, calling, business or occupation includes providing erotic services at an adult entertainment parlour and "attend" has a corresponding meaning; (c) "erotic services" means services designed to appeal to erotic or sexual appetites or inclinations; (d) "operator" means a person whose trade, calling, business or occupation, alone or with others, includes managing, supervising, running or controlling an adult entertainment parlour and "operate" has a corresponding meaning; (e) "owner", when used in reference to an adult entertainment parlour, means a person who, alone or with others, has the right to possess or occupy or actually possesses or occupies an adult entertainment parlour and includes a lessee of an adult entertainment parlour; (f) "owner", when used in reference to owner of lands, means a person who, alone or with others, is the registered or beneficial owner in fee simple of the lands upon which an adult entertainment parlour is located; (g) "to provide", when used in relation to erotic services, includes to furnish, perform, solicit, or give such services and "providing" and "provision" have corresponding meanings; (h) "services" includes activities, facilities, performances, exhibitions, viewing and encounters but does not include the exhibition of film approved under the Theatres Act; (i) "services designed to appeal to erotic or sexual appetites or inclinations" includes service of which a principal feature or characteristic is the nudity or partial nudity of any person; (j) "Town" means The Corporation of the Town of Pickering; CLASSES OF ADULT ENTERTAINMENT PARLOUR 2. This by-law applies to that class of adult entertainment parlour in which are provided erotic services. 3. (1) In this section, "prohibited area" means all of the lands within the Town as described in paragraph 2(l)(d) of the Regional Municipality of Durham Act, R.S.O. 1980, chapter 434, save and except for those lands comprising those parts of Lots 15, 16, 17, 18 and 19, Ranges 2 and 3, Broken Front Concession, in the Town of Pickering, in the Regional Municipality of Durham lying 100 metres south of the most southerly boundary of Bayly Street, which prohibited area is outlined in dark and labelled "PROHIBITED AREA" in Schedule "A" attached hereto. (2) In this section, "permitted area" means those lands comprising those parts of Lots 15, 16, 17, 18 and 19, Ranges 2 and 3, Broken Front Concession, in the Town of Picketing, in the Regional Municipality of Durham lying 100 metres south of the most southerly boundary of Bayly Street, which permitted area is outlined in dark and labelled "PERMITTED AREA" in Schedule "B' attached hereto. (3) No owner of lands which are located within the prohibited area shall cause, permit or allow an adult entertainment parlour or any part of an adult entertainment parlour to be operated where such adult entertainment parlour is located on lands within the prohibited area. (4) No owner of an adult entertainment parlour shall cause, permit or allow an adult entertaimnent parlour or any part of an adult entertainment parlour to be operated where such adult entertainment parlour is located on lands within the prohibited area. (5) No operator of an adult entertainment parlour shall operate an adult entertainment parlour or any part of an adult entertainment parlour where such adult entertainment parlour is located on lands within the prohibited area. (6) No attendant shall provide erotic services at an adult entertainment parlour or any part of an adult entertainment parlour where such adult entertainment parlour is located on lands within the prohibited area. 4. (1) Every person who contravenes any provision of this by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and on conviction is liable to, (a) a fine not exceeding $25,000.00, or (b) imprisonment for a term not exceeding one year, or (c) both. (2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed on the corporation is $50,000.00, and not as provided therein. INTERPRETATION 5. Wherever in this by-law the singular is used it shall be construed as meaning the plural where applicable. 6. Schedules "A" and "B" attached hereto shall be and form a composite part of this by-law. 7. This by-law is passed pursuant to the powers conferred upon the Council by the Municipal Act, R.S.O. 1990, chapter M.45, particularly, without limiting the generality of the foregoing, section 225 of that Act. 8. Each section of this By-law is enacted, and shall be read and construed, as separate and severable from the other sections of this By-law. By-law read a first, second and third time and finally passed this 2 2n~ay of December, 1995 Wayne/~, Mayor~ PICKERING L£6~ ~,LDER'f.- UXBRIDGE SCHEDULE 'A' TO BY-LAW 4717/95 PASSED THIS 22nd DaY Of December 1995 CLERK LAKE ONTARIO SCHEDULE 'B'TO BY-LAW 4717/95 PASSED THIS 22nd DAY OF De cember 1995 MAYO>~ ~~ CLEF~