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HomeMy WebLinkAboutCL 7/00,�y oF v�� • �`' � 9� _� REPORT TO COUNCIL FROM: Bruce Taylor, AMCT, CMM DATE: May I5, 2000 City Clerk REPORT NUMBER: CL 7•00 SUBIECT: Licencing and Regulating Norse Riding Establishments RECOMMENDATION: Thai Cink'� Report CL 7-00 rcyuding Ihc licencing and reguleting of horsc riding cstablishments bc rcecived; uid 1. That thc draft bylaw to licrncc end tegulete I loru Riding Establishmcnts bc fonvardcd to Council for eructmem 2 That the ari�inal licence fee of S:SO 00 be useJ tu purchasc end instell "Ceulionary" signs un public roads usal u � ruute by � liccncni horu riding cstablishntcnt. 3. Tlut the Graia Toronw Smica Ucurd be requcsted to endorse ihe concept of licencing and regul�ting harsc riding e+ublishmems uid requcsl othcr municipalitics in lhe GTA lo cmct similu byliws ORIGIN: Rewlution a IOI/� passed on Afiy 7, I'KI� I.clicr from P�ul �_ I ladn dated November I S, 1999 AUTHORITY: Sation 257 2( I) of Ihc Municipal Act PINANCIAL IMPUCATIONS: Licence fees at Ieast 52,000 based on a minimum of eight horse riding establishments EXECUTIVE SUMMARY: A by-law to provide for the licencing and regulating of horse riding establishments is being recommended in confortnity with the resolution passed by Council on May 3, 1999 to request the Provinciel Govemment to initiate legislation that would make it mandatory for all equestrian facilities to require that helmets be worn by ell riders using their facilities and in response to a request from Mr. Paul Hader whose daughter wes killed in an equestrien accident. .,./2 92 --2-- BACKGROUND: Please be advised that Council passed the following resolution at its regular meeting of May 3, 1999: WNEREAS over the yan lhe Pravincial Govemment du enuted various le`i�lation to prolat penon� from lifo-thrcalening iitu�tione, �ome e:amples beln` t6e rcquircmenl to �ar iatbeld w6ea driving or being � p�s�enger in a ve6ick, hdmeb tor penoo� under IR yan of �ge wdea u�iog a bicycle or lifeju4eu �6en opentioa a motorboa�; and WHEREAS t6en 6�ve beea faldities or se�ous iojuria by equqirian riders wden lhey 6ave f�lkn from or l6rowo by a hoRe; ind WlIEREAS Ihen b a reponsibility for owners and/or operatan of equalrian facililte� to eaiurc 16a1 p�lrom of l6eir fuililie� are prolected wheo ridlo� hona �t 16e1r faililier NOW TIIFREFQRF. tAe Coueeil of 16e Corpantion of lhe Town of Piekeria� hercby rcqunu tAe Provincial Covemmeal to iniliate legi�lolion Ih�l �ould mike it a�nd�lory for �U equal►i�n f�cililie� lo rcquirc thd hrlraeb be worn by �U ridcn u�iaR lhelr faciliUes; aad TIIAT � topy of IAb rnolu�ba be forwarded lo IAe Ilonour�ble Janet Ecker, DIPP. Uurhaw K'nl. AllachcJ to thi� Rr�rt i� tlk ra�wnu of ihc then Alinistcr of Ciliunship, Culturc and Rccrcaliun lo thie rrsolulio� Eiasinlly, �hc \linistM statcs Ihat Ihe I'rovincial Govemment prefcrs to proride funJing l0 1'ro�incial spon� organi�alians, wch es thc Ontario Equcstrian Frdcration, lo initiate sa&ty muwres uithin lheir oryaniulion 'fhe Minisicr clearly states that Atinislry Jocs nat wanl to pro�ide ukty meawros throuyh Govcmmcnt rcgulatian. In a icttcr datni Noacmber t8, 1999 to �fiyor Anhurs, e copy of which is attachcd hcrcto, Paul A Hadcr of thc Town of �\uroa stncd that his daughtcr was ki�lcd in an cqucstrian eccident on April 18, 19�9 et a horx riding establishment in Whitchurch•Stou(1'ville. tle goes on to slale that hursc riding cstablishmcnte arc not wbjcct to eny fortn of Govemmcnt regulalion with respect to safcty dcspitc thc rccommendations of Coronas' Inquats thal dale back to 1977. Mr. Hader was able to work with Ihe municipalily in which hc lives, namely ihe Town of Aurora, and the Council of Ihat municipality paucd a bylaw in luly of 1999 to provide for the licencing and regulating of horse tiding establishments. Since that time, the Towns of Geor�ina, Merkham and Whitchurch- Stoufiville have also passed similer bylaws. 1 understa�id that e number of othcr municipalities are in the process of enacting a similar by-law. A meeting was held an April 20, 2000 with representatives from the Pickering Horse Riding Centre, SLO Acres, tha Omuio Equestrian Federation and Councillor Brenner and myself in attendance to review a draft by-law to licence and regulate horse riding establishments. Attached is a draft by-law thet reflects the commrnts from that meeting and is very similer to those by-laws pazsed by the three muniapalities in York Region with respect to safety measures and licence requirements. I believe this bylaw also retlects Council's concems with respect to safety at horse riding establishment as expre+sed in its resolution of May 3,1999. The following are the main fcatures of the attached by-law: l. The two types of horse riding establishments, nemely a trail riding establishment and an instructional riding establishment are recogniud. The by-law provides not only for safety regulations that ere common to both types of establishments ns noted below but also sefety reguletions that ere unique to that particular type of horse riding esteblishment. ..../3 ..3-- 93 a) For a trail riding estabGshment, no trail ride will be conducted unless led by e head trail guide and auistant trail guide deprnding on the number of people being led. Also, the guide is required to carry a twaway communication device while conduaing the ride. b) For an instructional riding atablishment, the safety regulations are weived for ihe purposes of drusage or precision riding perfortned as pert of a speciai event where ceremonial dras is wom by all riders. 2. All riders under the age of dghteen years will be required to wear en approved helmet before bring ailowed to ride to protect ihe rider from potential head injuries. 3. Proper footwear is requircd for riders of all ages to keep the rider's foot from slipping through the stirrup which reduces the chance of being dre�ed by Ihe horse should the ridct fall. In the absence of proper footweu, ihe option arisis to use a safery stirrup. 4, The byI�w provida fur a preuribed instructor to ridcr tatio of no grcalcr than 1:6 and requires instructors to meet minimum stindards before bcing able to lead e irail ride. 5. The minimum age Wr riding � hotx is trn years but children a� young es six will be permitteJ tu ride {wnia with �irict wpmisiun 6 Licences will be �pptovnl by Ihe City Clal, houever, only Council ia allowed to revoke or refux to iswe � licence wbjnt tn � haring 7. Thc licencc fees ue 5250.00 fot the first �ear anJ S 100 00 for all subscqucnl ycars. ATTACH�IGNTS I. Lctter Gom Alinistcr of Citizcnship, Culture k Recrcation datcd lune I5, 1999 2. Lettcr datcd Novembcr IS, I'M9 Gam Mr. Paul llader 3. Dralt dylaw Prepared By: � � Brucc Taylor, AMCT, Ch4N Ciry Clerk Attachments Copy: Manager of By-law Enforcement Servicea RecommendeJ for the consideration af Pickering Ciry Council u ,, � u pBd Th l. uin Chie dminist ' e 0 ce � , , ATTAGIMENT# � TOREPOR7#«� RECEI�VED c� 9�MW�try of Cltlun�hiP, Mlnialln dn ANdm cirlqun, '"�� Cultw�andfNcrutlan d�laCultunNM�Loiiln JUN 171999 � �,�.� ��. � - sm Floor s�+up� CLERkS DEPARTMENT n eaa so-ee� wesl � n nie 6wor a,ect .�, � ToronbON M7A2f19 ToronbON M7A2R9 � • • Te1.:1�16�32f6200 T64:p�8�3156200 � . Fax:(tl6)�25�6�A5 TAkc.:(/16)92'r8�95 .. June 15.1999 . . • . � . . • Bruce Taylor AMCT, CMM � „ , , Town Clerk ' ` The CorparnGon of thc Towa of Pickering . Pickcring Civic Complex, One Ihc Esplanadc Pickering, ON LIV GK7 Dcar Mr, Taylor. Thank you for your lettcr reganling du rcsolulion pused by thc Council of thc To�m of Pickcring rcguJing thc manJatary usc of hclmcls Cor riders at cqucslriw� centres, 'fhc Govcmmrnt eiilumccs safcty in sport anJ �ecrcation by working wiQi its panncrs in tl�c sccWrs.'Ct�c hiinisuy uf Citizcrohip, Culuvc and Recrcatiu�i s Svutcgy jor A�nn(cur Sporf Li Onfurtu idcnlifies du crcation of safc mul �ccicuming s�wtt cnviruim�cnls us uttc of its fivc priori�ics in iu support uf spurt. As such, �hc miaistry providcs linnncinl gmnts lo provincial sport orgunizntio�u, for initi�tivre that improvc s;Jrty in s�wrt scrviccs Iliat full within Aic jurisdiclion uf Ihc Provincial SEwrt Organi�atiuns Jclircry• system. I'or �hc sport uf I�orscbuck riJing, thc ministry tunJa thc Unuriu I:yuutri�� f�cdcr�tion (OGf) whicl�, mnong uther Uiings, undcrtakca u aufely cu��ununiratiun proyrrm for its mcmlxrs. 'llic OGI� also proviJcs n couching ccrlificution program at�l sa&ly ie unc uf thc topiu uddrcsscd in tl�is program. For community recrcalion prograrns, cs{�c�ially thosc Il�at scrvc chiWrcn, thc ministry proviJcs granu in support of du rcacatiun scctuls ctfuru Io impro�•c thc quality und t6c safcty uf l'�ll��(Cf1�S fCCfCAl10I1 Sl'(YICC�. 'llic ministry'� opproach lo improving safcty in sport nnJ rccrcaliun is onc oCcnabling, nol rcgulalory. Inatmuch ac cnmmcrcial utablishmcnL^, providc horscback riJing opportunilics, the Town of Pickcring midht wisl� to punuc thc mattcr ��ith minisUics that rcgulatc busincsscs, • mm�cly, dic blinisuics of Consumcr and Commcrcial Rclmions, nnd Lnbaur. ' Tlmnk you for bringing tliis maucr to my nttcntion. Sinccmly, -�-.� �� . tsabc► easscu � Ministcr � > :. �. ATTACHMENTq�TOREPORT#� �� .-:i1v MoK• 1999 Honour�bleWaynaArthura • • ��� �� Mayor–Town of Pickerinp ' ; d +'}�i..°• -� 1 The Esplanade • !�' ..: , Pickering, Ontario :,��,�� �,-� L9L 1A7 -' ; �� .._ \�.._�- y°� , , ,.,.. Re: Personal Appeal tor Immediate implementatlon of Safety Measures for Horseback Ridinq Stables and Ridinq Camps in the Tawn of Pickerinq Dear Mr. Arthurs, Seven months ago, on Sunday, Apri116, 1999, my family and I drove to lhe Town of Whitchurch-Stouftville in York Reg(on to enjoy a family day at lhe Wagon Wheel Ranch. Our day turned into a living nighUnare because while horseback riding our ten year old daughter Elizabeth Hader died. Elizabeth was killed when she fell from a horae (hat boltod out o( Iho group and galloped to Iho slorling eroa. She hung on screaming for help but fell when tho horso turned. Her (oot got entangled In the slirrup and she was dragged over 15U meters by tho galloping horse. She siruck her head and died from Iraumadc hoad injuries. Tho purposo of this lattor is lo communicnta to you Mr. Arthurs, your colleagues and councillors that my wito and I beliovo llia'acddent' lhal claimed Elizabeth's life could hovo and should have bcen provonled. Elizabelh, a young novice r(der, should never havo beon put on lhis tour yoar okl horsa. I nsk that lhe Town af Pickering take immadiato ecUon lo minimlzo tha potontial for a similor lragedy occurring within its boundarios. Over alx lhousand olhar paopb (rom across York Region and the Greater Toronto Area, aiso (eol this way and havo documonled lhefr support. Every community ac►oss Ontario, where horaeback ridfng safety measures have not been fmp�emented - despilo lho racommendnlions of Coroners' Inquesls lhat go back as far as 1977 - failed our Elizabolh. Had Wagon Wheel Ranch been forced to comply with even ihe most basic of salety measures sucFi as an oppropriate level of supervision, ridfng helmels and proper fc�otwear, Flizabeth would be with us today. Numerous studies of horseback riding deaths have concluded that head injury, often e result of falling or being dragged, is the cause of dealh in 80% or more of lhe cASes. As a result of lhese studies the Canadian Medical Associat(on, BriUsh Columbia Medical Association, American Academy of Pediatrics, and the American Medical Equeslrian Association have fully endorsed the use of approved horseback riding holmets as well as other safety measures. 9J , 96 ATTACHMENTt1�TOREPORT#�� 7�� Horseback riding associatlons also recognize the risks. Associations such as the Ontado Equestrian Association, Ce�ified Horseman Association, British Horse Society and American 4H Clubs, have established comprehensive m(nimum safely standards for horseback riding stables. These organizaGons recommend the use of approved riding helmets, riding boots, certified Uail ride leaders and other safety measures; however, they are powerless to act if an irresponsible operator chooses to ignare the advice of responsible �nowledgeable professionals. The Town of Aurora has done an amazing amounl of work in a short time and passed a bylaw lhat is a major first step towards ensuring the sa(ety of ail tamilies who choose lo enjoy horseback riding as a recrealional pursuit. Please contact Councillor Phyllis Morris (905-727-1375) for a copy of the by-law. The Towns of WhitchurchStou(fville and Georgina have aiso implemenled a similar by-law. I ask that you and the councillora for the Town of Pickeriny implemenf lhis by-law (or your municipality. My wife and I would Iike to be able to lell all o( our relatives and friends lhat each of lhe communities of Ontario where Elizabeth apent her short life took action and implamonlod bylaws roquiring minimum snfoty monsuros for horaeback riding. My wife and I, and our familios and friends, sincerely hope that no other chfld has to die tragically as a rnsull of horseback riding. Safe communities for aur children across lhe Grealer Toronto Aron ond Onlario Is our goal. Thank you, (or your considorolion in lhis maller. Sinceroly, � � Paul A. Hader 228 Timpson Orivo Aurora, Ontario L4G 5M7 --- . ATTACHMENT ti '?- TU RE?OR7 #« 7�vD � IN MEMORY OF ELIZABETH HADER .., s7 Elizebeth dfed April 18,1999 while horseback dding when the horse she was riding bolted for the stsrting area. She died of traumadc head Injuries when her toot bacame entengled in the stirtup and she wes dragged by the runaway horse. I auppart the Mayor and Members ot the Aurora Town Councll In ail of fheir ei(orts tawards making commercial horseback Hding establishmenb safer. I am commftted to aupporting all tnitladves that will conMbute to prevenUnp a aimllar Uagedy from happentng to ANY child or adult ln ANY Fpmmunity (n the (uture. R�nns►u.e oa_. u--- °-----.....-- ��"�Xlll/�YNI.'K+�tf� l �`�S�i/)("A �i (A�e %�tA�Q�L Q� 9 a ATTACHMENT tc 3 TQ REPOftT K���^� THE GOR�IRATION OF TIiE CITif OF PICKERING NY_i AW NI MBER Being a by-law to regulate horse riding establishmente in the City of Pickering and provide safety measures for persons while riding et those estabGshments. WHEREAS pursuant to Section 257.2(1) of the htunicipal Act, RS.O. 1990, c. M.45, as amended, every council may pass by-laws for licencin�, reguleting and govcming any business carried on within the Municipaliry; NOW THEREFORE THE COUNCII. OF THE CORPORATION OF TNE CITY OF PICKERING t1EREIIY ENACTS AS FOLLOWS: t. Uefinilbw In Ihi� liylaw, a) "assistant instructor" mcans a perum who has attaincd the agc of sixtecn years anJ Iw at least thra cunsecutivc ycar's cxpericncc in thc immeJiatcly praeJing fivc y�ears riding horscs and whu is directly auprniseJ by en irolruclor. b) "auisunt trnil guidc' meam e�xrwn who has attainccf Ihc agc of sixtccn ycars aruf hu at least Ihree consecutivc ycar's cxpericncc riding und working with horx� �t a trail riding cstablishmcnt, in thc immcdiutely prcceJing five yars. c) "City" mearo Ihe Cor�ration of thr Cily of Pickcring. d) "Council" means Ihc Council of Ihc Cor�wralion of thc Cily of Pickcring. c) "drug" mcans � substancc as li�tal in SchcJulc� I, Il, Ill, IV or V of the Controlled Drugs and 5ubslences Act S.C. 199G. c.19, as may be amended from timc to timc Q "hcad trail guide" mcans a peraon who has attained thc age of cightccn yearo and has at Ieast three cansecutive year's experience in the immediately preceding five ycars leading trail rides or cross-country location. B) "horse" means eny animal of the equine species. h) "horse riding cstablishment" means the cartying on of a business in the equine industry and is further divided into the following disciplines: i) "trail riding establishmenf' means the carrying on of a business where horses are let out for hire for recreational riding for payment, dthcr at a pem�anent or temporary location. ii) "instructional riding establishment" means the carrying on of a business where horses are let out for hire for providing inst►uction far payment, either at a permenent or temporary location or where insUuction is provided in horsa riding where the horsc is owned and boerded or pert boarded. ATTACHMENT # 3 TO REPORT �i« �' "� 9(� --2-- i) "inswcto�' means a person who has attained the age of eighteen years end lus at least five wnsxutive year's experience in the immediately prx,eding seven years riding horses or a person who has been certified by the Ontario Equestrien Federadon, Canadien Equestrian Federetion, Cenadian Therapwtic Riding Associelion, Certi6ed Horseman's Association or the British Horse Saiety or other credited Equine Associalion or [nsdlution j) "lead line ride" means a single horse led by a walking adult holding the horu'� Iwd rope. k) "Municipal Clerk" means the hfunicipal Clerk for the Corporetion of the Cily of Pickering. I) "pamn" includa a natural individual, a corporation, association or pertnership. m) "Provinci�l ORrnca O�cer' means a pe�son appointed by by-law of the Corpor�tion of the City of Pickering as e Provincial O(Cences OlTicer purwant to thc �uthority unJa �.IS uf �hc Police Scrvices Act. R.S.O. 1990, c. P.IS ot daignaicd in writing by a �finistcr undcr 5cction 1(3) of lhc Pru�inci�l 01Trncd Act, R.S.O. 1990. c. P.]]. 2. Lkeare Nequired — (1Reace No perwn ehall corufuct �ny business in or upon any premise� or parl lhereof, or catry on eny trade or alling in the Cily of Pickering for which a licence is rcyuircJ undcr 5cc�ion ] hcuvf unless thcy hold a licence iuued thcrcforc by the City end Iw pud Ihe liccncc fcc thercforc, rcquircd by lhis Uylaw, in acwrdencc wilh 5cheJulc "A" herdo. 3. Licence Requircd — Ilone Rldiag Ei►abluhroeale A liccncc shall be obteincd by cvery person who carries on thc busincss of a horse riJing cstablishmcnt for the purpose of instructiond or trail horsc riding within lhc limita of thc City of Pickcring. 4. Applialion—Time For Applications for the iswance or renewal of a licence for a horse riding establishment Cor arry given year must be received by the Municipal Clerk, in the fortn prescribed by the Municipal Clerk, on or before the 3l° day of December for the next ensuing liunce and calendar year. 5. Licence — Muat Comply Wit6 Zooing No Gcence shell bc issued for a horse riding estabGshment on premiaes where thc Ciry's Zoning By-laws do not pem�it the use of those premisea Cor such purposes. �� � ATTACHMENTN? TOREPpRT# �� �'Pa ' 10� • _.3.. 6. Litenee—D'uplay Each horse riding estab6shment Gcence, when issued, shall be postcd in a canspicuous placc on the premises so Gcensed. 7. In�unoce Cerlifiule— Requircment Gvery applicant for a horse riding establishmcnt licence must produce a ccrtificate signed by a licenscd insurence broker certifying that the premiscs in respect of which lhe licence hae been applicd for has been insured for generel liability and perwnal injury in the sum of not less than two million dollars for any one octurcence prior to Ihe date of the application and be endorsed to provide that the policy will not be altered, cancelted or allowed �o lapse wid�au� thiny (30) days prior wriurn naticc to the City. 8. I.iceace — Requlnmenu (I) No person shdl be rniideJ to obtain a liccnce whcrc: e) thc put cunJuct uf dk epplicant or liccnscc afl'ords rcasonuble ground� Wr Ihe belief tlut Ihc applicant or liccnscc will nol carry on the utivity fur which the applicanl is IicenseJ ur tu be licensed, in uwrd�nce with law; b) the iuuu�cc of thc liccnsc or rcncwal uf :�ic liccnsc woulJ bc cuntruy to thc public inlcresl; c) thc applicam or licrnxc is carrying on activitics Ihat arc, ar will bc, of Ihe ipplicant i� liccnud, in cantravcnlion of Ihis 13y-law; d) �hac erc reasonablc grounds for bclicf that Ihc prcmises, accommod�lion, equipmcnt or facilitics in respect of which the licrnx is rcquircd do not comply with the provisions of this By- law or othcr epplicablc law; or c) if the applicant or licensee is a corporation, the past conduct of the ofiicus or dirators all'ords reasonable grounds for thc bclief that the applicant or licenxe will not carry on lhe activity for which thc applicant is to be licensed in aceordence with law. 9. Llcence Revocatioo A Gcence granted pursuant to this By-law may be revoked where the licensee does not comply with the provisions of this By-law or where auch licence has been issued througl� error. 10. Liceoce Swpenaion Whcre any licensee in wnvicted of an ollence under this By-law, the licence shall be auspended forthwith and ahall not bo reinstated until a Provinciel Offences Of6cer certi6es in wridng that the condition� resulting in the convicAon have been remedicd end that the premiscs and its proposed operation comply with this Bylaw. ATTACHMENTtt 3 TOREPOiiTii« �'''� lOi --4-- 11, Lieence—E:pintlon Licen;.es issued under the provisions of this By-law, unless othenvise expressed to be grented for a shorter period, shall expire on December 31° of the ycar for which they have bcen issued. 12. Lieeuce—Noo-tnmfenbie No Gccnce iuucd pursuant to this Bylaw is usignablc or trensfcrable. 13. l.leence — Partncn6ip (1) Prnons essocieted in a partncrship epplying for e licencc under this By- law shell Glc with their application a statutory Jcc:laration in writing, signeci by all mcmbers of Ihe partnuship, which declarelion shall statc; (s) Ihc fuli nanie of cvcry partncr anJ address of his, her or its ordinary residcnce; (b) ihe wnc ur nama under wluch thcy carry on or inlcnJ to carry on businw; (c) t}ut the perwns thcrcin nnmal erc Ihe only membcrs of the putnetship, �nd (J) ihe miiling address nf thc partncrship. 14. l.icence — Corponlioa (1) Gvcry corporation applying for e liccncc shall filc wilh tlicir application a copy of iu anicics of incurporation or othcr inwrporating document and shall filc a statulury dcclaration, in writing, signcd by an o(ticcr of the corporation, which dcclazation slull slatc: a) the full name of every ofBcer, director and ahazeholder and the addrw of each o(Gcer'a, director's and shareholder's ordinary residcncc; b) the name or names under which it carties on or intends to carry on business; c) that the persons therein named are the only o�icers, directors and shereholders of the corparation; and d) the mailing address for the wrporation. s 10 2 ATTACHMENT # 3 TO REPOR7 #« �"� --5-- I5. Hearing (1) Where the Municipal Clerk beGeves that the epplicant or licensec would be disentitled to a Gcense or a renewal thereof for any of iha reasons sct out in this By-law, thc Municipal Clerk shall not issuc the liccnse end lhc Municipal Clerk shell recommend to Council that Council shall refuse to issue or refuu to renew thc license, or that Council suspend or revokc the license, or recommend that e licence be issued subject to terms and conditioro. (2) Before Council refuses to issue or refuses to renew a license, or revokes or suspends or cancels a licenx, a written natice advising the applicant or liceruee of Ihc raommendation bcing made by the Municipal Clerk to Council with rupecl to the license shell be given lo Ihe applicant or licenxe by the Municipal Clerk. (3) The writicn notia to be �ivcn hcrcunder shall: a) xl uul thc gruwids Wr thc «�onmundation; b) givc reasonablc particulnra ul'thc grounds; c) bc signcd by the �tunitipal Clcrk; and J) infurm Ihe npplicant ur liccnsec tl�et thcy arc cntilleJ to a hearing befurc lhe Council, if thcy dclivcr, wilhin scvcn (7) days a(tcr Ihe Ja1e of scn�ice of Ihe wriucn nutice, ur the date of personal service of thc wriucn nolicc, whichcvcr is lalcr, a wriltcn rcqucst for a hcazing bcforc thc Council. (4) On rcccipt of a wriltcn rcqucst for a hcaring from an applicant or licenscc, thc htunicipal Clcrk shall adviu Council and requcat Council lo convcnc a mceting and shall give the appliwnt ur licensee rcasonable written notice thcrwf. (5) Thc applicant or liccnscc shall have thc right to makc submissions in support oC an appliwtion or rrnewal or rclention of a license at such hearing and when the applicant or licensee who hes becn �iven written notice of thc hearin�, doa nat attcnd at 1he proper timc and place, lhe Counril may procccd with the hearing in thc applicanPs or licensee's abaence and the applicant or licensce shall not bc cntitled to any further noticc of the proccedings. (6) At the conclusion of the hearing the Muniapal Clerk shall, es soon as precticable, prepare a written report on thc hcaring, which shell summarize the evidence and the arguments presented by the parties ro the hearing, sct out tha findings of fact and the dxisians made by the Council end set out the reason for ttie dceision. (7) If the applicant or licensee signifes that hc is prepared to aceept conditions upon lhe license and to make no objection to such conditiuns, Council may grant a license or the renewal of a license upon such wnditions as the Council wnsider apprapriatc. ATTACHMENT �t � TO REPOftT H« 1' ^� 1 � 3 --6-- 16. Inepecliou� of Premi�a The Municipal Clerk or a Provincial 0�'ences OQ'icer may, at any time during regular business hours, enter upon the business premises of any Gcensec to ensurc that the provisions of this By-law have been complied with. 17. Regulalion of Carryiug on Bueinw (1) No person shali carry on the business of a trail riding estnblishment, and a) rent a horse to a person unde� ihe age of eightccn years unless that person is wearing a designed riding helmct which is properly fitted and fasiencd securcly upon thc rider's hcad by a harness, at all timca whilc that person is mounteJ on a horsc; b) rcnt a hurse to a person unless that person is wcaring properly fitlin�, hard and smoolh soled foolwear with a defined hcel or pruper riding footwear wilh a dcfincd hccl; c) canduct trail riJing wilh Ics:� than onc hcad treil guidc for ihc first six persuns anJ an assistanl Iruil guidc for evcry additional six perwru; d) cunJuct Irail riJing wilhuut a hcad treil guidc ar assistent trail guide cartyin�, at ell timcs, a nvo-way communication Jcvicc whcrc its signal will bc rcccivcJ by anothcn c�ad trail guiJc, or auislant Irail goiJc who is nat also on Ilic samc Irail ridc; c) pcmiit morc than onc perwn to riJc a hurse ut thc semc timc escept for Ji.wbinl ridero with special needs within a desiynaled controllcd cnvironmcnl; Q rcnt a horsc unlcss Ibat horu is known lo bc safc, sound end schooled for the purposes intcndcd and appropriately suited to Ihc ridcr's siu and ability; g) rcnt a lame, sick or blind horse; h) rent a horsc unless lhe horse is e minimum of thrce years of age and the horse has one year of schooling unless that person is the owner of that horse and provided that horses rented betwxn thrcc years of age and six years of age shall have proof of an ennual dental inspection by an equine dentist or veterinarian; i) perntit any person with less than 52 hours riding cxperience to mount or dismount a horac far lhc purposc of trail riding unlcss thet horsc is held at the bridle by en employee or voluntar of the person carrying on the business and who is supervised by a head trail guide; or j) rent, loen or otherwise allow a person to ride a lame, sick or blind harse, and for the purposu of cross-country instruction or trail riding a atallion or a horsc undcr fiva ycars of agc, unless that peraon is the owner of thet horae. rlOi ATTACHMENT# 3 TOREPORT# << 7` �'"n --7-- (2) No person shall carry on the business of an instructional riding estabGstunent, and a) instruct a person under the age of eightcen yeara to ride a horsc unless that person is wearing a designed riding helmet which is properly 6tted and fastened securely upon the rider's head by a hamess, at ell times while that person is mounted on a horse; b) notwithslending Section 17(2)(a), for the purposes of dressage or precision riding performcd as pert of a speciel event where ccremoniel dress is wom by all riders, the rcquiremenls under Section 17(2)(a) will not apply; c) rent a horse to a person uniess that persan is wearing properly fitting, hard and smooth soled footwear with a defined heel or proper riding footwcar with a defined heel; d) pemtit more than one person to ride a horse at the same time exceot for special necds instructions for disnbled riders; e) rcnt a horsc unlcs� if�at horsc is known to bc safc, sound end schoolr.d for the purposcs intended end appropriatcly suited to thc ridcr's siu anJ ability; Q rcnt a lame, sick or blind horsc; g) insiruct a person to ride a horsc unlcss the horse is e minimum of thrcc ycaro of agc and thc horcc haa onc year of schooling unless that person is the owncr of ihat horsc and provided thet horses rcnlcJ betwecn ihrcc ycats of age and six ycars of age shall havc proof of an annual (minimum) dcnlel inspeclion by an cquinc dentist or vcicrinerian; h) pcmut any perwn with Icu than 52 hours riding expericncc to mount or dismount a horsc for thc purpose oFinslruclional riding unless that horse is held at the bridle by an cmployce or volunteer of lhe person cartying on the business and wha is aupervised by an inslruclor, or i) rent to a person to ride a horse where that person is teking, consuming, possessing or is, or appcars to be, intoxicated by alcohol or a drug on any premises used for the carrying on of thc business of an instructional riding establishment. 18. Footwwr—E:ception Provided that Sections 17(1)(bj and 17(2)(c) of this By-law shall not apply where a rider has been provided with proper functioning nnd nppropriately sized hooded stirtups, e safety stirtups which ere designed to prevent a rider's foot Gom pauing through or becaming wedged in the stirtup or stirrups which aie designed to break-away whcn s rider feUs from the horsc. � ATTACHMENT �I 3 TO REpORT #�'- 7^`� l0i , --e-- 19. Inatruelors—M1olmum Qudiflcalfona (I) No person aheil instruct peraons in thc riding of horses at an instructional riding establishment unless: a) they have attained thc egc of eighteen years and they have e least Gve consecutivc year's experience in riding or training horaes during the immediately preceding seven years; or b) they heve atteined the age of cighteen ycars and they have becn certified by the Canadian Equeslrian Federetion, Ontario Equeatrien Federation, Csnadian Therepeutic Riding Associetion, Certified Horseman's Association ur British Horse Socicty or other credited Equine Auocietion or ]nstilution. 20. Asat+laql Instructon — Mioimum Qu�l(fiation� (I) NotwithstanJing thc provisions of Scction 19 of lhis Dy-law, e person shell bc pertnitted to assist in the instruction of persons in the riding of horocs at an instructional horsc riding establishmcnl where: a) thcy have attained thc egc of sixtecn ycars; b) lhcy havic et Icast thrce consa:utivc ycar's with horacs in thc immediatcly preccding five years; end c) thcy erc undcr thc supervision of en instructor who mcets thc qualifications es provided for in Section 19 ofthis By-law. 21. Head Tnil Cuide — Minimum QurlifiaUons No person shall conduct or Icad a lrail ridc at e horsc riding esteblishmcnt unlcss they havc atlained the age of cighteen years and they have a least thrce consecutive year's experience nssisting or Ieading trail rides in the immediatcly prcceding five ycars. All head trail guides employed by a trail riding cstablishment must hold a current certification in first aid end cardiopulmonary resuscitetion end shall maintain a fully stocked first-aid kit on the premises. 22. Aesi�tant Trail Guide—Minimum Qu�lificatfone No peraon ahall assist the head trail guida on a trail ride at a trail riding establishment unless they hava attained tha age of s'ixlecn years and they have at least three consecutive year's experience riding ar working with horses at a trail riding establishment in the immedialely preceding five years. All assistanl trail guides cmployed by e trail riding establishment must hold e current certificstion in firat eid and cardiopulmonary resuscitation. 23. Inalructore — Prohibltion from Conauming Alcahol or Druge No peraon ehell instruct or assist in tha instmction of peraons in thc riding of horses at an instructional riding eslablislunent whila taking, consuming, poss�ssing or being, or eppearing to be, intoxicated by dcohol or a drug. I, '106 ATTACHMEMTr,_3 r��acNOnr��« �-� �-9-- 24. Miaimum Age For Tr�ii liiding E�tabliehmeola No peraon sF.all cerry on the business of a treil riding establishment and rent to a person under the age of ten yeare a horse for the purposc of trail riding. 25. MinimumAge—E:ception a) Notwithstanding the provisions of Section 24 of this Bylaw, a peraon who carries on the business of a trail riding establishment may rent to a person who has atteined the age of at least six years to lead Gne ride a horse where the horse is led by a capable welking adult who is in con►rol of the horsa. b) Where the person is under the age of six years, the lead line ride will be led by a capable walking edjust who is in control of the horse and acwmpanied by a waiking spotter. 26. Condltion of Grounde No person shall carty on the business of a horse riding establishment on premises without keeping the portion of the said premiscs ordinerily used for the riding of horses clear af all graund and over-han�ing obstructions. Where said obsuuctions cannot be cleared, the person carrying on the business of a horsc riding establishment shall barcier these obstructions such that horses and riders will not comc in contact with them. j� j, 27. Coaditian/FitofTrck ,�� Prior to begiiueng instructions of conducting or Ieading a trail ride, the inswetor, head trail guide or an assistent instructor assigned to tha instruction or ride, as the cese mey be, ahall exemine the fit and condition of ell equipment to be used by each rider to ensure that it is clean, supple, well•fitting, sccure and fully funclional. 28. Initial Informalioa For TrAil Riding Prior to conducting or leading e trail ride, the head trail guide or en essistant trail guide assigned to the rider, es the case may be, shall provide basic informadon on the handling of a horse and the basics of riding a horse. 29. Signage a) A premises which contains a trail riding establishment shall contain a sigq to be created and erected et the expense of the licence applicatian holder, with (ettering a minimum of one half inches in height and the location of which ahall ba epproved by the Municipd Clerk, and which is in the fortn es prescribed by Schedule "B". b) A premises which wntains en instNCtional riding establislunent shall wntain a aign, to ba crented end erected at the expense of the licenced eppllcetlon halder, wilh lettering a minimum of ono halF inches in height and the location of which ahell be approved by tha Municipal Clerk, and whlch ia in tho fottn as prescribod by Schedule "C". � ' ATTACHMEN71t 3 TOREPORTN« 7. °'' 107 -- �o.. 30, Firat Aid CerNRcatton All hesd trail guides end essistant treil guidw employed by a trail riding establishment must hold a curtent certification in fuat eid and cardiopulmonary resuscitation end ehali maintein e fully etocked first-aiJ kit on the premises. A qualified firet eid provider, with wrtent certi6cation in fust aid and cardiopulmonary resuscitation, must be availeble whenever leasons ere being conducted at en instructionel riding estebGstunent and a fully stock 6ret-aid kit must be meintained on the premises. 31. Fal�e Informrtioo — Prohibited No person shell knowingly give false information when applying for a licence under this By-law. 32. Conirrvention — Fine Every person who contravenes a provision of thia By-lew is guilty of en offence and upon conviction is Geble to a fine not exceeding five thousand dollars (55,000.00) exclusive of wst, pursuent to the provisions of tha Provinciel OfTenccs Act, as amended. 33. Sevenbilily — Vdidity Each and cvery one of the provisions of this By-law is aeverable end if any provisions of this By-law should, for any reason, be declared invelid by any court, it is the intention and desire of this Council that each and every of the lhen rcmaining provisions hereof ahell remein in full force and etl'ect. 34. Nading� The headings in lhe body of Utis By-law form no part of this By-law but shall be deemed to be inserted for convenience of reference only. 35. Short Tille This By-law may be referted to as lha "Horse Riding Establishment By-IatW'. Bylew read a fust, second and Utird time and flnelly passed this Sth day oflune, 2000. Wayno Arthuro, Mayor Bmce Taylor, Clerk '-:�- i a . .' � . .. . .. . . . . . . ,�i ATIY,CHME�ff tt � To NGPOftT # cc 9- ov 108 _ .,` SCIIEDULE "A" ` LICENCE FEE SCHEDULE ;+ :., Original Licencc 5250.00 Mnual Renewal 5100.00 Other Fees I,ate Renewal Fees S25.00 ' ' ATTACHP�E�1T�� 3 fOREPpRTq�7—�-a 1'.�� SCBEDUI,E "B" 9ICN TO HE POSTED ON LICENSED PRFMIBE The following regulations are imposed by City of Pickering Bylaw Number which govcros thc operation oFthis business: Patrons are advised that evcn with this safcty equipment, horae riding wntains inherent risks which may result in serious injury or death; Maximum six riders per leader Minimum agc for trail riding is ten yesrs; Lead 6ne riding is permitted for children under the age of ten; Helmets to be wom by all persons under age 18 and strongly recommended for persons over l8; Hard and smooth soled shoes with a defincd hecl must be wom by all riders unless using hooded, safety or break-away stirtups; Inexperienced riders are asked to identify themselves to the instructodleader; and Patrons must disclose any medical problem ar condition which may cause risk during tha treil ride. A'rT'ACHMEPlTtI 3 TOREPORTtJ [c �,� 110 SCHEDULE"C" SIGN TO BE POSTED ON LICEN9ED PREMISES OF AN INSTRUGTIONAL RIDING E9TABLISflMENT The following regulations ere imposed by City of Pickering Bylaw Numbe� which govems tha operation of this business: Patrons aze advised thet even with this safety equipment, horse riding wntains inherent risks which may result in serious injury or death; Helmela to be wom by all persons under age 18 end atrongly recommend for peraons over 18; Hard and smooth soled shoes with a defined heel must be wom by aU riders unlcss using hooded, safety or break-away stirtups; end Patrons must disclose any medieal problem or condition which may cause risk during instniclions.