HomeMy WebLinkAboutBy-law 1073/79THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 1073/79
Being a By-law to license and regulate
certain classes of businesses in the Town
of Pickering.
WHEREAS pursuant to paragraph 131 of subsection 1 of section
354 of The Municipal Act, R.S.O. 1970, c. 284, by-laws may be
passed by the councils of local municipalities for licensing
and regulating the owners or operators of public garages, and
for fixing the fees for such licences, and for revoking such
licences, and for imposing penalties for breaches of such
by-law and for the collection thereof; and
WHEREAS pursuant to paragraph 3 of section 364 of the said Act,
by-laws may be passed by the councils of urban municipalities
for regulating the place and manner of selling smallwares and
all other articles exposed for sale, and prescribing the fees
to be paid therefore; and
WHEREAS pursuant to paragraph 1 of section 378 of the said Act,
by-laws may be passed by the councils of towns for licensing,
regulating and governing salvage yards and for revoking any such
licence; and
WHEREAS pursuant to paragraph 5 of subsection 1 of section 381
of the said Act, by-laws may be passed by the councils of towns
for licensing and regulating victualling houses, ordinaries and
all places where food stuffs intended for human consumption are
made for sale, offered for sale, stored or sold; and
WHEREAS pursuant to paragraph 11 of section 383 of the said Act,
by-laws may be passed by the councils of towns for licensing,
regulating and governing vehicles from which refreshments are
sold for consumption by the public, and for revoking any such
licence;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1. In this by-law:
a) "access road" shall mean a road that leads from a
public road to an automobile wrecking yard;
b) "automobile wrecking yard" shall mean a place at
which:
i) used motor vehicle parts from more than three
motor vehicles, or
more than three derelict automobiles are kept
outside a building;
c) "Council" shall mean the Council of the Corporation
of the Town of Pickering;
d) "derelict automobile" shall mean a motor vehicle
that is inoperable and does not have a current
motor vehicle permit attached thereto;
e) "flea market" shall mean the area in which ten or
more vendors have temporarily congregated for the
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TC-' purpose of individually exposing articles for sale;
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f) "licence" sha
ll mean a licence issued by the Town
under the provisions of this by-law;
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g) "motor vehicle" includes:
i) an automobile, motorcycle and any other vehicle
propelled or driven otherwise than by muscular
power, and
ii) a trailer, as defined in The Highway Traffic
Act, R.S.O. 1970, c. 202;
h) "officer" shall mean a Municipal Law Enforcement
Officer appointed by Council;
i) "on site road" shall mean a road for the movement of
vehicles and equipment within an automobile wrecking
yard;
j) "public garage" shall mean an automobile service
station as defined in clause (a) of paragraph 132
of subsection 1 of section 354 of The Municipal Act,
and a building or place used as a motor vehicle
repair shop;
k) "refreshment vehicle" shall mean any vehicle from
which refreshments are sold for consumption by the
public;
1) "restaurant" shall mean any eating establishment where
meals or refreshments may be purchased by the public
and having sixteen or more seats;
m) "snack bar" shall mean any eating establishment where
meals or refreshments may be purchased by the public
and having less than sixteen seats, or no seats;
n) "Town" shall mean the Town of Pickering.
PART I - AUTOMOBILE WRECKING YARD
2. Part I of this by-law does not apply to:
a) the premises of a licensed public garage on which used
automobile parts are kept on hand as part of its in-
ventory for the purpose of carrying out repairs on
the premises; and
b) land which is a waste disposal site which has a cer-
tificate of approval for such purposes pursuant to
The Environmental Protection Act, 1971, S.O. 1971,
vol. 2, c. 86, or regulations thereunder.
3. Every person who establishes, operates or maintains an
automobile wrecking yard shall, prior to establishing
same, obtain a licence to do so from the Town and shall
renew such licence annually so long as he continues to
operate or maintain the automobile wrecking yard.
4. 1) Upon application on the prescribed form for a licence
for an automobile wrecking yard or the renewal there-
of, a licence or renewal thereof may be issued:
a) on payment of a fee of $20.00; and
b) unless the application is for a renewal licence,
on submission of acceptable plans or drawings
showing the location and layout of the automo-
bile wrecking yard.
2) No licence or renewal thereof shall be issued unless
the automobile wrecking yard complies with the fol-
lowing regulations:
a) the applicable restricted area by-law of the Town
permits an automobile wrecking yard use on the lands
on which the automobile wrecking yard is or shall be
located;
b) public access to the automobile wrecking yard shall
be limited to such times as an attendant is on duty;
c) the automobile wrecking yard shall not be located on
land covered by water or subject to flooding and shall
be so located that no direct drainage leads to a water-
course;
d) the automobile wrecking yard shall be so located as
to reduce to a minimum inconvenience due to dust,
noise and traffic;
e) the automobile wrecking yard shall be so located and
operated as to reduce to a minimum the hazards to
health or safety of persons or property including
hazards from fire and vermin;
f) no open burning shall be permitted;
g) all operations at the automobile wrecking yard shall
be conducted in an orderly fashion under the super-
vision of a competent person as defined in paragraph
1 of section 1 of The Occupational Health and Safety
Act, S.O. 1978, c. 83;
h) scavenging of derelict automobile or used automobile
parts by persons not under the supervision required
in paragraph g) of this subsection shall not be per-
mitted;
i) the automobile wrecking yard shall be enclosed by a
board fence, originally constructed and kept repaired
with new lumber and painted and maintained to present
a neat and tidy appearance, of sufficient height and
construction so that none of the goods stored on the
premises shall be visible to a person two meters tall
standing on the crown of the nearest roadway and dis-
tant thirty meters from the nearest lot line, provided
that in no event shall the said fence be less than two
meters in height;
j) all fluids shall be drained from derelict automobiles
before they are processed and all fluids or other
wastes disposed of in accordance with The Environ-
mental Protection Act, 1971, if they are not safely
stored for purposes of resale; and
k) all specifications of location or operation of the
automobile wrecking yard submitted with the applica-
tion for a licence with such amendments as may be
necessary to comply with the other regulations shall
be complied with at all times.
5• 1) A licence may be revoked if any of the regulations set
forth in section 4 of this by-law are not adhered to
at any time.
2) A licence may be refused:
a) if a licence for an automobile wrecking yard, at
the same location or operated by the same person
as the proposed automobile wrecking yard, has
previously been revoked under subsection 1) of
this section; or
b) if there are reasonable grounds for believing
that the automobile wrecking yard will not be
established or operated in accordance with any
provision of this by-law or any other applica-
ble law provided the applicant is given written
notice of the grounds.
6. Where a person establishes, operates or maintains an
unlicensed automobile wrecking yard, that person shall,
on receiving written notice to do so, remove, within the
time limit specified in the notice, all derelict automo-
biles and used automobile parts from the site to a place
where they may be legally kept or disposed of.
PART II - FLEA MARKETS
7. Part II of this by-law does not apply to an occasional
flea market organized for charitable or patriotic pur-
poses provided that the organizers of such an occasional
flea market shall receive the prior approval by resolu-
tion of the Council.
8. Every person who establishes, operates or maintains a
flea market shall prior to establishing, operating or
maintaining same, obtain a licence to do so from the
Town.
9. 1) Upon application on the prescribed form for a licence
for a flea market or proposed flea market, a licence
may be issued on payment of a fee of $250.00 per
operating day.
2) No licence shall be issued unless the flea market
complies with the following regulations:
a) the applicable restricted area by-law of the
Town permits a flea market use on the lands on
which the flea market is or shall be located;
b) the flea market is maintained in a sanitary
condition;
c) the lands upon which the flea market is held,
or is to be held, is cleared of all debris before
12 o'clock midnight of the day upon which the flea
market is licensed to operate; and
d) the flea market is maintained in a manner to
guarantee the safe and uninterrupted ingress
and egress of the public.
10. 1) A licence may be revoked if any of the regulations
set forth in section 9 of this by-law are not ad-
hered to at any time.
2) A licence may be refused:
a) if a licence for a flea market, at the same
location or operated by the same person as the
proposed flea market, has previously been re-
voked under subsection 1) of this section; and
b) if there are reasonable grounds for believing
that the flea market will not be established or
operated in accordance with any provision of
this by-law or any other applicable law pro-
vided that the applicant is given written notice
of the grounds.
11. Where a person establishes, operates or maintains an
unlicensed flea market, the person shall, on receiving
written notice to do so, remove, within the time limit
specified in the notice, all goods, wares, merchandise
or any other articles put up for sale from the site to
a place where they may be legally kept or disposed of.
PART III - PUBLIC GARAGES
12. Every person who establishes, operates or maintains a
public garage shall, prior to establishing same, obtain
a licence to do so from the Town and shall renew such
licence annually so long as he continues to operate or
maintain the public garage.
13. 1) Upon application on the prescribed form for a licence
for a public garage, or renewal thereof, a licence
or renewal thereof may be issued on payment of a fee
of $25.00.
2) No licence or renewal thereof shall be issued unless
the applicable restricted area by-law of the Town
permits a public garage use on the lands on which
the public garage is or shall be located.
14. 1) A licence may be revoked if any of the regulations
set forth in section 13 of this by-law are not ad-
hered to at all times.
2) A licence may be refused:
a) if a licence for a public garage, at the same
location or operated by the same person, as the
proposed public garage, has previously been re-
voked under subsection 1) of this section; or
b) if there are reasonable grounds for believing
that the public garage will not be established
or operated in accordance with any provision
of this by-law or any other applicable law
provided the applicant is given written notice
of the grounds.
PART IV - REFRESHMENT VEHICLES
15. Every person who operates or maintains a refreshment
vehicle shall, prior to operating or maintaining same,
obtain a licence to do so from the Town and shall renew
such licence annually so long as he continues to operate
or maintain the refreshment vehicle.
16. 1) Upon application on the prescribed form for a licence
for a refreshment vehicle, or the renewal thereof, a
licence or renewal thereof may be issued on payment
of a fee of $50.00.
2) No licence or renewal thereof shall be issued unless
the owner and operator of the refreshment vehicle
complies with the following regulations:
a) a refreshment vehicle shall not be parked or
stopped within 150 meters of a licensed rest-
aurant or snack bar in the Town;
b) any metal plate issued by the Town bearing an
identifying number shall at all times be kept
securely and permanently affixed to the outside
of the vehicle in respect of which the plate
was issued.
17. 1) A licence may be revoked if any of the regulations set
forth in section 16 of this by-law are not adhered to
at all times.
2) A licence may be refused:
a) if a licence for a refreshment vehicle has pre-
viously been revoked under subsection 1) of this
section; or
b) if there are reasonable grounds for believing
that the refreshment vehicle will not be oper-
ated in accordance with any provisions of this
by-law or any other applicable law provided the
applicant is given written notice of the grounds.
PART V - RESTAURANTS AND SNACK BARS
18. Every person who establishes, operates or maintains a
restaurant or snack bar shall, prior to establishing same,
obtain a licence to do so from the Town and shall renew
such licence annually so long as he continues to operate
or maintain the restaurant or snack bar.
19. 1) Upon application on the prescribed form for a licence
for a restaurant or snack bar or the renewal thereof,
a licence or renewal thereof may be issued on payment
of a fee of $10.00 for a snack bar and $20.00 for a
restaurant.
2) No licence or renewal thereof shall be issued unless
the applicable restricted area by-law of the Town
permits a restaurant or snack bar use on the lands
on which the restaurant or snack bar is or shall be
located.
20. 1) A licence may be revoked if any of the regulations
set forth in section 19 of this by-law are not ad-
hered to or if any of the terms or regulations of
The Public Health Act, R.S.O. 1970, c. 377, or The
Liquor Licence Act, 1975, S.O. 1975, c. 40, are not
complied with.
2) A licence may be refused:
a) if a licence for a restaurant or snack bar has
previously been revoked under subsection 1) of
this section, or
b) if there are reasonable grounds for believing
that the restaurant or snack bar will not be
established or operated in accordance with any
provision of this by-law or any other applica-
ble law provided the applicant is given written
notice of the grounds.
PART VI - GENERAL
21. The Town Clerk is hereby authorized to issue any licences
issuable pursuant to this by-law on behalf of the Council.
22. 1) No licence shall be issued pursuant to Parts I or III
until the application for the licence is first approved
by the Fire Chief, the Planning Director and the Chief
Building Official.
2) No licence shall be issued pursuant to Parts II and
V until the application for the licence is first
approved by the Fire Chief and Planning Director.
3) No licence shall be
the application for
the Fire Chief.
23. A temporary licence may
cation for a licence by
only 30 days from the d
licence was made.
issued pursuant to Part IV until
the licence is first approved by
be issued by the Clerk upon appli-
any person and shall be valid for
ate that the application for a
24. 1) A licence issued pursuant to Parts I, III, IV or V
of this by-law is personal, shall not be transfer-
rable, and is valid for the calendar year in which
it is issued.
2) A licence issued pursuant to Part II of this by-law
is personal, shall not be transferrable, and is valid
for the day or days for which it is issued.
25. The holder of a licence shall prominently display the
said licence on the lands, premises or vehicle, as the
case may be, for perusal by the public.
26. The holder of a licence shall make his lands, premises
or vehicle, as the case may be, available for inspection
at any reasonable time by an Officer.
27. Council may revoke any licence issued pursuant to this
by-law but before revoking any licence, the holder
thereof shall be given at least (7) seven days notice
by registered mail or personal service to his address
shown on the most recent application for a licence or
renewal thereof, and the licence holder shall be per-
mitted either by himself or by his representative to
appear before Council to show cause why he believes such
licence should not be revoked.
PART VII - PENALTIES
28. Any person convicted of a breach of this by-law is guilty
of an offence and is liable to a fine of not more than
$1,000.00 recoverable under The Summary Convictions Act,
R.S.O. 1970, c. 450.
PART VIII - REPEAL OF BY-LAWS
29
The following by-laws are hereby repealed:
2947, 3
137/74,
297/75,
548/77,
605/77,
699/77,
816/78,
1021/79
496, 3585, 3819,
193/75, 194/75,
349/76, 412/76,
552/77, 569/77,
612/77, 615/77,
716/77, 722/77,
838/78, 897/78,
and 1049/79.
3878, 3994, 3910, 4025,
213/75, 265/75, 266/75,
429/76, 512/76, 531/76,
575/77, 578/77, 585/77,
618/77, 646/77, 666/77,
739/77, 752/78, 759/78,
912/78, 945/79, 975/790
136/74,
273/75,
545/77,
590/77,
685/77,
795/78,
985/79,
PART IX - EFFECTIVE DATE
30
This by-law shall take effect on January 1, 1980.
By-law read a first, second and third time and finally passed
this 17th day of December 1979.
Mayor
/ j
Clerk