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HomeMy WebLinkAboutBy-law 2581 THE CORPOnATION OF THE TOWNSHIP OF PICKEaING BY-LAW NO. 2581 A by-law to license and regulate the owners or operators of public garages within the Township of Picketing. WHEREAS paragraph 127 o£ Section 379 (1) of The Municipal Act, R.S.O. 1960 C.249 provides that by-laws may be passed by councils of local municipalities for licensing and regulating the owners or operators of public garages including automobile service stations as defined in Clause A of paragraph 128 of the said Section 379, and for fixing fees of such licences~ and for revoking such licences and for imposing penalties for breaches of such by-laws and for the collection thereof; BE IT THEREFOnE ENACTED BY THE MUNICIPAL COUNCIL OF THE COnPOnATION OF THE TOWNSHXP OF PICKETING AS FOLLOWS: 1. In this by-law (a) "Council" shall mean the Municipal Council of the Corpor- ation of the Township of Picketing. (b) "motor vehicle" shall have the same meaning as defined in Section 1 (15) of The Highway Traffic Act, R.S.O. 1960 C.172. (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 given the appropriate licence class- ification or Classifications listed in Column B hereunder. COLUMN A COLUMN B Automobile Service Station as Licence Classification A defined in Clause (a) of para- graph 128 of Section 379 (1) of the Municipal Act; Parking Station or Parking Lot Licence Classification B A building or place where motor Licence Classification C vehicles are kept for sale or stored; A building or place where motor Licence Classification D vehicles are hired or kept or used for hire other than taxi stands and driving schools; A building or place wherein the Licence Classification E main use is the washing of motor vehicles for compensation; A building or place used as a Licence Classification F motor vehicle repair shop; Automobile paint shop; Licence Classification G Automobile body repair shop; Licence Classification H 2. There shall be taken out by every owner or operator of a public garage in the Township of Picketing a licence from the Council authorizing him to carry on his business in the Town- ship of Picketing, for which said licence the person obtaining the same shall pay to the Township of Picketing at the time of taking out such licence, the fee fixed by this by-law, and no person shall, within the limits of the Township of Picketing, carry on or engage in any such business until he has procured such licence to do so. - 2 - 3. Before a licence is granted, the applicant therefor shall make application to the Council through the Clerk upon such form or forms as may be from time to time prescribed by the Council but no such application shall be required where a licensee desires renewal of his licorice if the facts and conditions relating thereto are the same as when the original licence was issued. 4. The Clerk shall, upon receipt of the application referred to in the next preceding section, make or cause to be made all in- vestigations which he deems necessary or which are required by /aw or by the Council relative to the application, and shall transmit the same to the Reeve. 5, If the investigations referred to in the next preceding section disclose any reason to believe that the applicant's character may not be good or that the carrying on of his business may result in a breach of the law, or may be in any way adverse to the public interest no licorice shall be granted except upon approval of the Council after due consideration of the application. 6. If the investigations referred to in the next preceding section do not disclose any reason to believe that the applicant's character may not be good or that the carrying out of his busi- ness may result in a breach of the law, or may be in any way adverse to the public interest, the Council may direct the Clerk to issue the licence. ?. The Clerk, or sdch other person as may be designated by the Council, shall on behalf of the Council sign all licences issued thereby pursuant to this by-law and such licences shall be in such form as the Council from time to time designates. 8. Every person obtaining a licence under this by-law shall keep his licence posted up in some conspicuous place on the premises in respect to which the licence is issued, and every person so licensed shall when so requested by any person authorized by the Council, produce the licence for inspection. 9. Any person duly authorized by the Council may at all reasonable times inspect the lands and premises of amy person who has or is required to have a licence under this by-law, and no person who has or is required to have a licence under this by-law shall obstruct or hinder the making of the inspection aforesaid~ or cause or permit the same to be obstructed or hindered. 10. Where two or more persons carry on or engage in partnership in any of the businesses set out in section 2 the licence may be issued in the name of one partner only~ but when the application for licorice is made the name and address of each member of the partnership shall be set out therein. 11. All licences issued under this by-law shall be personal to the holder thereof and shall not be transferred. 12. Every person applying for or holding a licence under this by-law shall in such application or in carrying on or engaging in the business in respect of which the licence is issued observe, comply with and be governed by the regulations set out in Schedule "A" to this by-law and the said Schedule shall form part of this by-law. 13. The Council may revoke any licence issned under this by-law but before revoking any such licence the holder thereof shall be given at least 7 days notice mailed or delivered to his address last known to the Clerk and shall be permitted either by himself or by his representative to appear before the Council to show cause why he believes such licence should not be revoked. - 3 - 14. Notice of the revocation of any licence may be given by the Clerk by registered letter mailed to the address given by the licensee in his application for the licence, or by communication to the licensee in any manner whatsoever, and upon such notice the licence revoked shall cease and terminate and be of no further effect. 15. Any person convicted of a breach of any of the provisions of this by-law shall be liable upon conviction therefor to forfeit and pay at the discretion of the Magistrate a penalty not ex- ceeding $300.00 exclusive of costs for each offence. Every such penalty shall be recoverable under the provisions of the Sum mary Convictions Act provided that the Magistrate may in addition %0, or in lieu of imposing a penalty, sentence anyone convicted as hereinbefore provided for a term of not more than 21 days. 16. Every licence issued under this by-law shall, unless it is sooner revoked or forfeited, expire on the 31st day of December in the year in which it is issued. 17. The respective sums of money set out in Column 2 of Schedule "B" to this by-law opposite the respective descriptions of lic- encee in Cohlmn 1 of such Schedule "B" are hereby fixed as the amounts of the annual fees for such licences. 15. By-law Number 2904~is hereby repealed, By-law read a first and second time this 6th day of March, 1961. Dy-Law read a third time and PASSED this. day of 1961. Reeve Clerk SCHEDULE "A" to By-law No. of t~me Corporation of the Township of Picketing dated the day of 1961, relating to owners and operators of public garages. 1. No person licensed as the owner or operator of a public garage where motor vehicles are hired or kept or used for hire shall store or park or allow to be stored or parked thereat for a longer period than forty-eight hours any trailer used for human habitation while so stored or parked. 2. No person owning or keeping an automobile service station licensed under the provisions of this by-law shall use or permit his automobile service station to be used for the purpose of wrecking, parking, storing or selling motor vehicles, or, except in an enclosed building For washing motor vehicles, or for vulcanizing tires or tubes or for exhibiting for sale any tires, tubes, tire accessories, electric light bulbs, spark plugs or batteries for motor vehicles except in an enclosed build- ina, or for exhibiting the same in any display window, or for performing therein any repairs to motor vehicles other than minor or running repairs essential to the actual operation of such vehicles, or for storing and keeping for sale any articles, accessories or merchandise of any kind other than gasoline~ oil, grease, anti-freeze, tires~ tubes~ tire accessories, electric light bulbs, spark plugs and batteries for motor vehicles. 3. Every applicant for a licence to own or operate a parking station or parking lot shall include in his application a statement setting forth: (a) The location and dimensions of the lands in respect of which he seeks such licence (hereinafter referred to as the Licensed Premises); (b) The maximum number 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 of each proposed entrance to and exit from such premises; (e) The location, size and type of construction of any office proposed to be used or erected at or upon such premises. 4. Every person licensed to own or operate a parking station or parking lot shall (1) If he engages in driving, operating, or moving motor vehicles parked or stored at or upon the licensed premises, be the holder of an Ooe~atorTs or Chauffeur's Licence under The Highway Trarfxc 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 Licence. (2) While on duty at 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 to receive, drive, operate, move or deliver motor vehicles parked or stored at or upon the Licensed Premises similarly to Carry and display such a badge; and every application for such badge shall be made on the form provided by and obtainable From the Clerk. (3) Display in a conspicuous place at or upon the Licensed Premises a sign or signs of a design which is not misleading and bearing (a) in letters and figures of uniform size but not less than three inches in height, his rates or charges for parking or storing motor vehicles and (b) in readily legible letters, the hours during ~ich the Licensed Premises are open for business, his name and address. (4) Provide proper means of ingress and egress So and From the Licensed Premises, to the satisfaction of the Council on the basis of not more than thirty feet for each seventy feet, or less, of frontage which the Licensed Premises has on any street; provided that in the case of an~ parking station or parking lot located at a corner lot, no entrance er exit shall be located less than twenty--five feet from t~s nearest intersection of the curbs of the intersecting streets unless at the date of the passing of this By-law the said entrance or exit w~s properly located less than twenty-five feet from such intersection and was in accordance with all local by-laws applicable thereto. (5) Either by himself or through one or more employees, during the business hours specified in the sign or signs require~ by subsection 3, maintain constant and vigilant supervision of every motor vehicle pa~ked or stored at or upen the Licensed Premises, provided that this provision shall not apply in the case of any Licensed Premises where each motor vehicle can be parked, or stored, and locked by the owner or operator thereof in a location from which such motor vehicle can be removed without obstruction from other parked or stored motor vehicles. (6) Keep the Licensed Premises free From ~ubbish and in a clean and neat condition and keep any sidewalk or street upon which such premises abut, free from any dirt or other foreign substance derived from such premises or resultimg from the use thereof. (7) Where practicable, prevent the drainage of surface water across any sidewalk upon which the Licensed Premises abut. (8) At the time of receiving each motor vehicle for the purpose 0£ parking or storing same at or upon the Licensed Premises, give or cause to be given to the person from whom the motor vehicle is received a numbered receipt bearing on the same side as the number (a) a clear statement of the extent of the responsibility accepted by the licensee in respect to loss o£, or damage to such motor vehicle and the contents thereof while parked, stored or otherwise in the care and custody of the Licensee or an~ of his employees and (b) the licensee's name, the location of the Licensed Premises~ and the business hours specified in the sign or signs required by subsection 3. (9) Whenever any motor vehicle remains continuously without good reason at or upon the Licensed Premises For more than twenty- Four hours, forthwith report to the nearest police station the make and provincial licence number of such motor vehicle. 5. No person licensed to own or operate a parking station or parking lot shall (1) Remove ov cause to be removed any snow from the Licensed Premises to any sidewalk or roadway upon which such premises abut; -3- (2) Park or store any motor vehicle on any highway upon which the Licensed Premises abut; (3) Lend, hire, or rent or cause or permit any employee or other person to lend, hire or rent any motor vehicle that has been received by him or any of his employees for the purpose of parking or storing same at or upon the Licensed Premises; or use or cause or permit any employee or other person to use any such motor vehicle or any accessory or equipment thereof except for purposes necessarily incidental to parking or storing same, or if the Licensee is also licensed to make motor vehicle repairs, necessarily incidental to make repairs thereto. 6. No person licensed to own or operat~ a p~bli~ 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 own or 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 may be deemed necessary in order to ascertain whether or not the provisions of this by-law are being complied with. 8. (1) No person licensed as the owner or operator of a public garage shall permit the engine of a motor vehicle in any building to run, whether on a frame or in a motor vehicle while stationary, unless adequate ventilation is provided to ensure dilution of any carbon monoxide fumes. (2~ No public garage licence shall be issued in reNpect of a building for which no licorice was issued in the previous year unless the applicant satisfies the Clerk that the Department of Labour for the Province of Ontario has approved the plans for providing adequate ventilation facilities in that part of of the building where motor cars may be stored or repaired. 9. No person licensed under this by-law as owner or operator of a public garage shall upon the premises in respect of which such lic- orice is issued carry on the business of washing or cleaning motor vehicles by mecha$ical 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 person shall provide off--street parking space at the place of ingress to such premises for at least 20 caps for each wash line, and at the place of egress from such premises for at least 3 cars. SCHEDULE t~B't to By-Law No. 25~ of the Corporation of the Township of Picketing, dated the day of February, 1961, relating to pwners and operators of public garages.. FEES Licence Classification A - $10.00 Licence Classifications B, C, and D (a) if capable o£ accommodating not more than ten motor vehicles - 10.00 (b) if capable of accommodating more than ten motor vehicles - 15.00 Licorice Classification E - 20.00 Licence Classification F - 10.00 Licence Classification G - 10.00 Licence Classification H - 10.00 NOTE: Council propose to give Third Reading to this By-Law on MONDAY~ MAnCH 20, 1961, in the Council Chambers, Brougham, at 8 o~clock p. m.