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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 _ TC-' purpose of individually exposing articles for sale; p ^? JIN f) "licence" sha ll mean a licence issued by the Town under the provisions of this by-law; AS r1 r? In .? l0 ! UA LEGAL z- 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