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HomeMy WebLinkAboutBy-law 5684/00THE CORPORATION OF THE CITY OF PICKERING BY-LAW NUMBER 5684/00 Being a by-law to regulate horse riding establishments in the City of Picketing and provide safety measures for persons while riding at those establishments. WHEREAS pursuant to Section 257.2(1) of the Municipal Act, R.S.O. 1990, c. M.45, as amended, every council may pass by-laws for licencing, regulating and governing any business carried on within the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. Definitions In this By-law, "assistant instructor" means a person who has attained the age of sixteen years and has at least three consecutive year's experience in the immediately preceding five years riding horses and who is directly supervised by an instructor. b) "assistant trail guide" means a person who has attained the age of sixteen years and has at least three consecutive year's experience riding and working with horses at a trail riding establishment, in the immediately preceding five years. c) "City" means the Corporation of the City of Pickering. d) "Council" means the Council of the Corporation of the City of Pickering. "drag" means a substance as listed in Schedules I, H, m, IV or V of the Controlled Drugs and Substances Act S.C. 1996. c. 19, as may be amended from time to time. "head trail guide" means a person who has attained the age of eighteen years and has at least three consecutive year's experience in the immediately preceding five years leading trail rides or cross-country location. g) "horse" means any animal of the equine species. "horse riding establishment" means the carrying on of a business in the equine industry and is further divided into the following disciplines: i) "trail riding establishment" means the carrying on of a business where horses are let out for hire for recreational riding for payment, either at a permanent or temporary location. "instructional riding establishment" means the carrying on of a business where horses are let out for hire for providing instruction for payment, either at a permanent or temporary location or where instruction is provided in horse riding where the horse is owned and boarded or part boarded. i) "instructor" means a person who has attained the age of eighteen years and has at least five consecutive year's experience in the immediately preceding seven years riding horses or a person who has been certified by the Ontario Equestrian Federation, Canadian Equestrian Federation, Canadian Therapeutic Riding Association, Certified Horseman's Association or the British Horse Society or other credited Equine Association or Institution "lead line ride" means a single horse led by a walking adult holding the horse's lead rope. "Municipal Clerk" means the Municipal Clerk for the Corporation of the City of Pickering. l) "person" includes a natural individual, a corporation, association or pannership. "Provincial Offences Officer" means a person appointed by by-law of the Corporation of the City of Pickering as a Provincial OfFences Officer pursuant to the authority under s. 15 of the Police Services Act. R.S.O. 1990, c. P.15 or designated in writing by a Minister under Section 1(3) of the Provincial Offences Act, R.S.O. 1990. c. P.33. 2. Licence Required - Offence No person shall conduct any business in or upon any premises or part thereof, or carry on any trade or calling in the City of Picketing for which a licence is required under Section 3 hereof unless they hold a licence issued therefore by the City and has paid the lieenee fee therefore, required by this By-law, in accordance with Schedule "A" hereto. 3. Licence Required - Horse Riding Establishments A licence shall be obtained by every person who carries on the business of a horse riding establishment for the purpose of instructional or trail horse riding within the limits of the City of Picketing. 4. Application - Time For Applications for the issuance or renewal of a licence for a horse riding establishment for any given year must be received by the Municipal Clerk, in the form prescribed by the Municipal Clerk, on or before the 31~t day of December for the next ensuing licence and calendar year. 5. Licence - Must Comply With Zoning No licence shall be issued for a horse riding establishment on premises where the City's Zoning By-laws do not permit the use of those premises for such purposes. Licence - Display Each horse riding establishment licence, when issued, conspicuous place on the premises so licensed. shall be posted in a Insurance Certificate - Requirement Every applicant for a horse riding establishment licence must produce a certificate signed by a licensed insurance broker certi~4ng that the premises in respect of which the licence has been applied for has been insured for general liability and personal injury in the sum of not less than two million dollars for any one occurrence prior to the date of the application and be endorsed to provide that the policy will not be altered, cancelled or allowed to lapse without thirty (30) days prior written notice to the City. Licence - Requirements (1) No person shall be entitled to obtain a licence where: the past conduct of the applicant or licensee affords reasonable grounds for the belief that the applicant or licensee will not carry on the activity for which the applicant is licensed or to be licensed, in accordance with law; b) the issuance of the license or renewal of the license would be contrary to the public interest; the applicant or licensee is carrying on activities that are, or will be, of the applicant is licensed, in contravention of this By-law; d) there are reasonable grounds for belief that the premises, accommodation, equipment or facilities in respect of which the license is required do not comply with the provisions of this By- law or other applicable law; or e) if the applicant or licensee is a corporation, the past conduct of the officers or directors affords reasonable grounds for the belief that the applicant or licensee will not carry on the activity for which the applicant is to be licensed in accordance with law. o Licence Revocation A licence granted pursuant to this By-law may be revoked where the licensee does not comply with the provisions of this By-law or where such licence has been issued through error. 10. Licence Suspension Where any licensee is convicted of an offence under this By-law, the licence shall be suspended forthwith and shall not be reinstated until a Provincial Offences Officer certifies in writing that the conditions resulting in the conviction have been remedied and that the premises and its proposed operation comply with this By-law. 11. 12. 13. 14. Licence - Expiration Licences issued under the provisions of this By-law, unless otherwise expressed to be granted for a shorter period, shaH expire on December 31~t of the year for which they have been issued. Licence - Non-transferable No licence issued pursuant to this By-law is assignable or transferable. Licence - Partnership (1) Persons associated in a partnership applying for a licence under this By- law shall file with their application a statutory declaration in writing, signed by all members of the partnership, which declaration shall state: (a) the full name of every partner and address of his, her or its ordinary residence; (b) the name or names under which they carry on or intend to carry on business; (c) that the persons therein named are the only members of the partnership, and (d) the mailing address of the partnership. Licence- Corporation (1) Every corporation applying for a licence shall file with their application a copy of its articles of incorporation or other incorporating document and shall file a statutory declaration, in writing, signed by an officer of the corporation, which declaration shah state: the full name of every officer, director and shareholder and the address of each officer's, director's and shareholder's ordinary residence; b) the name or names under which it carries on or intends to carry on business; c) that the persons therein named are the only officers, directors and shareholders of the corporation; and d) the mailing address for the corporation. 15. Hearing Where the Municipal Clerk believes that the applicant or licensee would be disentitled to a license or a renewal thereof for any of the reasons set out in this By-law, the Municipal Clerk shall not issue the license and the Municipal Clerk shall recommend to Council that Council shall refuse to issue or refuse to renew the license, or that Council suspend or revoke the license, or recommend that a licence be issued subject to terms and conditions. (2) Before Council refuses to issue or refuses to renew a license, or revokes or suspends or cancels a license, a written notice advising the applicant or licensee of the recommendation being made by the Municipal Clerk to Council with respect to the license shall be given to the applicant or licensee by the Municipal Clerk. (3) The written notice to be given hereunder shall: a) set out the grounds for the recommendation; b) give reasonable particulars of the grounds; c) be signed by the Municipal Clerk; and d) inform the applicant or licensee that they are entitled to a hearing before the Council, if they deliver, within seven (7) days after the date of service of the written notice, or the date of personal service of the written notice, whichever is later, a written request for a heating before the Council. (4) On receipt of a written request for a heating from an applicant or licensee, the Municipal Clerk shall advise Council and request Council to convene a meeting and shall give the applicant or licensee reasonable written notice thereof. (5) The applicant or licensee shall have the right to make submissions in support of an application or renewal or retention of a license at such heating and when the applicant or licensee who has been given written notice of the heating, does not attend at the proper time and place, the Council may proceed with the hearing in the applicant's or licensee's absence and the applicant or licensee shall not be entitled to any further notice of the proceedings. (6) At the conclusion of the heating the Municipal Clerk shall, as soon as practicable, prepare a written report on the hearing, which shall summarize the evidence and the arguments presented by the parties to the hearing, set out the findings of fact and the decisions made by the Council and set out the reason for the decision. (7) If the applicant or licensee signifies that he is prepared to accept conditions upon the license and to make no objection to such conditions, Council may grant a license or the renewal of a license upon such conditions as the Council consider appropriate. 16. Inspections of Premises The Municipal Clerk or a Provincial Offences Officer may, at any time during regular business hours, enter upon the business premises of any licensee to ensure that the provisions of this By-law have been complied with. 17. Regulation of Carrying on Business (1) No person shall carry on the business of a trail riding establishment, and rent a horse to a person under the age of eighteen years unless that person is wearing a designed riding helmet which is properly fitted and fastened securely upon the fider's head by a harness, at all times while that person is mounted on a horse; b) rent a horse to a person unless that person is wearing properly fitting, hard and smooth soled footwear with a defined heel or proper riding footwear with a defined heel; conduct trail riding with less than one head trail guide for the first six persons and an assistant trail guide for every additional six persons; d) conduct trail riding without a head trail guide or assistant trail guide carrying, at all times, a two-way communication device where its signal will be received by another head trail guide, or assistant trail guide who is not also on the same trail ride; e) permit more than one person to ride a horse at the same time except for disabled riders with special needs within a designated controlled environment; t) rent a horse unless that horse is known to be safe, sound and schooled for the purposes intended and appropriately suited to the rider's size and ability; g) rent a lame, sick or blind horse; rent a horse unless the horse is a minimum of three 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 between three years of age and six years of age shall have proof of an annual dental inspection by an equine dentist or veterinarian; i) permit any person with less than 52 hours riding experience to mount or dismount a horse for the purpose of trail riding unless that horse is held at the bridle by an employee or volunteer of the person carrying on the business and who is supervised by a head trail guide; or J) rent, loan or otherwise allow a person to ride a lame, sick or blind horse, and for the purposes of cross-country instruction or trail riding a stallion or a horse under five years of age, unless that person is the owner of that horse. (2) No person shall carry on the business of an instructional riding establishment, and instruct a person under the age of eighteen years to ride a horse unless that person is wearing a designed riding helmet which is properly fitted and fastened securely upon the rider's head by a harness, at all times while that person is mounted on a horse; b) notwithstanding Section 17(2)(a), for the purposes of dressage or precision riding performed as part of a special event where ceremonial dress is worn by all riders, the requirements under Section 17(2)(a) will not apply; c) rent a fitting, proper horse to a person unless that person is wearing properly hard and smooth soled footwear with a defined heel or riding footwear with a defined heel; d) permit more than one person to ride a horse at the same time except for special needs instructions for disabled riders; e) rent a horse unless that horse is known to be safe, sound and schooled for the purposes intended and appropriately suited to the rider's size and ability; f) rent a lame, sick or blind horse; g) instruct a person to ride a horse unless the horse is a minimum of three 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 between three years of age and six years of age shall have proof of an annual (minimum) dental inspection by an equine dentist or veterinarian; permit any person with less than 52 hours riding experience to mount or dismount a horse for the purpose of instructional riding unless that horse is held at the bridle by an employee or volunteer of the person carrying on the business and who is supervised by an instructor; or i) rent to a person to ride a horse where that person is taking, consuming, possessing or is, or appears to be, intoxicated by alcohol or a drug on any premises used for the carrying on of the business of an instructional riding establishment. 18. Footwear - Exception Provided that Sections 17(1)(b) and 17(2)(c) of this By-law shall not apply where a rider has been provided with proper functioning and appropriately sized hooded stirrups, a safety stirrups which are designed to prevent a rider's foot from passing through or becoming wedged in the stirrup or stirrups which a~e designed to break-away when a rider falls from the horse. 19. Instructors - Minimum Qualifications (1) No person shall instruct persons in the riding of horses at an instructional riding establishment unless: they have attained the age of eighteen years and they have a least five consecutive year's experience in riding or training horses during the immediately preceding seven years; or b) they have attained the age of eighteen years and they have been certified by the Canadian Equestrian Federation, Ontario Equestrian Federation, Canadian Therapeutic Riding Association, Certified Horseman's Association or British Horse Society or other credited Equine Association or Institution. 20. Assistant Instructors - Minimum Qualifications 0) Notwithstanding the provisions of Section 19 of this By-law, a person shall be permitted to assist in the instruction of persons in the riding of horses at an instructional horse riding establishment where: a) b) c) they have attained the age of sixteen years; they have at least three consecutive year's with horses in the immediately preceding five years; and they are under the supervision of an instructor who meets the qualifications as provided for in Section 19 of this By-law. 21. Head Trail Guide - Minimum Qualifications No person shall conduct or lead a trail ride at a horse riding establishment unless they have attained the age of eighteen years and they have a least three consecutive year's experience assisting or leading trail rides in the immediately preceding five years. All head trail guides employed by a trail riding establishment must hold a current certification in first aid and cardiopulmonary resuscitation and shall maintain a fully stocked first-aid kit on the premises. 22. Assistant Trail Guide - Minimum Qualifications No person shall assist the head trail guide on a trail ride at a trail riding establishment unless they have attained the age of sixteen years and they have at least three consecutive year's experience riding or working with horses at a trail riding establishment in the immediately preceding five years. All assistant trail guides employed by a trail riding establishment must hold a current certification in first aid and cardiopulmonary resuscitation. 23. Instructors - Prohibition from Consuming Alcohol or Drugs No person shall instruct or assist in the instruction of persons in the riding of horses at an instructional riding establishment while taking, consuming, possessing or being, or appearing to be, intoxicated by alcohol or a drug. 24. Minimum Age For Trail Riding Establishments No person shall carry on the business of a trail riding establishment and rent to a person under the age often years a horse for the purpose of trail riding. 25. Minimum Age - Exception Notwithstanding the provisions of Section 24 of this By-law, a person who carries on the business of a trail tiding establishment may rent to a person who has attained the age of at least six years to lead line ride a horse where the horse is led by a capable walking adult who is in control of the horse. b) Where the person is under the age of six years, the lead line fide will be led by a capable walking adjust who is in control of the horse and accompanied by a walking spotter. 26. Condition of Grounds No person shall carry on the business of a horse riding establishment on premises without keeping the portion of the said premises ordinarily used for the riding of horses clear of all ground and over-hanging obstructions. Where said obstructions cannot be reared, the person carrying on the business of a horse riding establishment shall barrier these obstructions such that horses and riders will not come in contact with them. 27. Condition/Fit of Tack Prior to beginning instructions of conducting or leading a trail ride, the instructor, head trail guide or an assistant instructor assigned to the instruction or tide, as the case may be, shall examine the fit and condition of all equipment to be used by each rider to ensure that it is clean, supple, well-fitting, secure and fully functional. 28. Initial Information For Trail Riding Prior to conducting or leading a trail ride, the head trail guide or an assistant trail guide assigned to the tider, as the case may be, shall provide basic information on the handling of a horse and the basics of tiding a horse. 29. Signage A premises which contains a trail riding establishment shall contain a sign, to be created and erected at the expense of the licence application holder, with lettering a minimum of one half inches in height and the location of which shall be approved by the Municipal Clerk, and which is in the form as prescribed by Schedule "B". b) A premises which contains an instructional tiding establishment shall contain a sign, to be created and erected at the expense of the licenced application holder, with lettering a minimum of one half inches in height and the location of which shall be approved by the Municipal Clerk, and which is in the form as prescribed by Schedule "C". ~0. First Aid Certification All head trail guides and assistant trail guides employed by a trail riding establishment must hold a current certification in first aid and cardiopulmonary resuscitation and shall maintain a fully stocked first-aid kit on the premises. A qualified first aid provider, with current certification in first aid and cardiopulmonary resuscitation, must be available whenever lessons are being conducted at an instructional riding establishment and a fully stock first-aid kit must be maintained on the premises. 31. False Information - Prohibited No person shall knowingly give false information when applying for a licence under this By-law. 32. Contravention - Fine Every person who contravenes a provision of this By-law is guilty of an offence and upon conviction is liable to a fine not exceeding five thousand dollars ($5,000.00) exclusive of cost, pursuant to the provisions of the Provincial Offences Act, as amended. 33. Severability - Validity Each and every one of the provisions of this By-law is severable and if any provisions of this By-law should, for any reason, be declared invalid by any court, it is the intention and desire of this Council that each and every of the then remaining provisions hereof shall remain in full force and effect. 34. Headings The headings in the body of this By-law form no part of this By-law but shall be deemed to be inserted for convenience of reference only. 35. Short Title This By-law may be referred to as the "Horse Riding Establishment By-law". By-law read a first, second and third time and finally passed this 5th day of June, 2000. SCHEDULE "A" LICENCE FEE SCHEDULE Original Licence Annual Renewal $250.00 $100.00 Other Fees Late Renewal Fees $25.00 SCHEDULE "B" SIGN TO BE POSTED ON LICENSED PREMISES The following regulations are imposed by City of Picketing By-law Number which governs the operation of this business: Patrons are advised that even with this safety equipment, horse riding contains inherent risks which may result in serious injury or death; Maximum six riders per leader Minimum age for trail riding is ten years; Lead line riding is permitted for children under the age often; Helmets to be worn by ail persons under age 18 and strongly recommended for persons over 18; Hard and smooth soled shoes with a defined heel must be worn by all riders unless using hooded, safety or break-away stirrups; Inexperienced riders are asked to identify themselves to the instructor/leader; and Patrons must disclose any medical problem or condition which may cause risk during the trail ride. SCHEDULE "C" SIGN TO BE POSTED ON LICENSED PREMISES OF AN INSTRUCTIONAL RIDING ESTABLISHMENT The following regulations are imposed by City of Pickering By-law Number governs the operation of this business: which Patrons are advised that even with this safety equipment, horse riding contains inherent risks which may result in serious injury or death; Helmets to be worn by all persons under age 18 and strongly recommend for persons over 18; Hard and smooth soled shoes with a defined heel must be worn by all riders unless using hooded, safety or break-away stirrups; and Patrons must disclose any medical problem or condition which may cause risk during instructions.