HomeMy WebLinkAboutBy-law 1887/84THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NBMBER 1887/84
Being a by-law to licence and regulate certain
classes of businesses in the Town of Pickering
Whereas pursuant to section 228.1 of the MunicipaI Act, R.S.O. 1980, c. 302, as
amended, 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 section 210.65 of the said Act, by-laws may be passed by the
councils of local municipalities for establishing, maintaining and operating markets
and for regulating such markets and any other markets located within the municipality;
and
Whereas pursuant to section 2.1 of the Public Halls Act, R.S.O. 1980, c. 408, no
public hall shall be offered for use or used as a place of public assembly unless the
owner thereof holds a licence therefor from the city, town, village or township in
which it is Iocated;
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:
f)
used motor vehicle parts from more than three motor vehicles are stored
or kept, or
ii) more than three derelict automobiles are kept outside a building;
c) "Council" shall mean the Council of the Corporation of the Town of
Picketing;
d)
"derelict automobile" shall mean a motor vehicle that is inoperable and does
not have a current motor vehicle permit attached thereto;
e)
f)
"market" shall mean the area in which ten or more vendors have temporarily
congregated for the purpose of individually exposing articles, foodstuffs or
fruits and vegetables for sale;
"licence" shall mean a licence issued by the Town under the provisions of
this by-law;
g)
"officer" shall mean a Municipal Law Enforcement Officer appointed by
Council;
h)
"on site road" shall mean a road for the movement of vehicles and equipment
within an automobile wrecking yard;
i)
"public hall" shall mean a building, including a portable building or tent
with a seating capacity for over 100 persons that is offered for use or used
as a place of public assembly, but does not include a theatre within the
meaning of the Theatres Act or a building, except a tent, used solely for
religious purposes;
j) "Town" shall mean the Town of Picketing.
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PART I - AUTOMOBILE WRECKING YARD
Part I of this by-law does not apply to land which is a waste disposal site which
has a certificate of approval for such purposes pursuant to The Environmental
Protection Act, R.S.O. 1980, c. 141, as amended, or regulations thereunder.
Every person who establishes, operates or maintains an automobile wrecking yard
shall, prior to establishing same, obtain a licenee to do so from the Town and
shall renew such licenee annually so long as he continues to operate or maintain
the automobile wrecking yard.
1)
Upon application on the prescribed form for a licence for an automobile
wrecking yard or the renewal thereof, a lieenee 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
automobile wrecking yard.
No lieence or renewal thereof shall be issued unless the automobile wrecking yard
complies with the following regulations:
1)
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;
2)
public access to the automobile wrecking yard shall be limited to such times
as an attendant is on duty;
3)
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 watercourse;
4)
the automobile wrecking yard shall be so located as to reduce to a minimum
inconvenience due to dust, noise and traffic;
5)
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;
6) no open burning shall be permitted;
7)
all operations at the automobile wrecking yard shall be conducted in an
orderly fashion under the supervision of a competent person as defined in
paragraph 2 of section 1 of the Occupational Health and Safety Act, R.S.O.
1980, c. 321, as amended;
8)
scavenging of derelict automobile or used automobile parts by persons not
under the supervision required in subsection 7 of this section shall not be
permitted;
9)
the automobile wrecking yard shall be enclosed by a fence, originally
constructed and kept repaired 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 distant thirty meters
from the nearest lot line, provided that in no event shall the said fence be
less than two meters in height;
lo)
all fluids shall be drained from derelict automobiles before they are
processed and all fluids or other wastes disposed of in accordance with the
Environmental Protection Act, if they are not safely stored for purposes of
resale; and
11)
all specifications of location or operation of the automobile wrecking yard
submitted with the application for a licence with such amendments as may be
necessary to comply with the other regulations shall be complied with at all
times.
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10.
11.
12.
13.
14.
A lieence may be revoked if any of the regulations set forth in section 5 of this
by-law are not adhered to at any time.
A licence may be refused:
1)
if a lie,ncc 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 section 6 of this by-law; or
2)
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 applicable law provided the applicant is given
written notice of the grounds.
Where a person establishes, operates or maintains an unlicensed automobile
wrecking yard, that person shaI1, on receiving written notice to do so, remove,
within the time limit specified in the notice, all derelict automobiles and used
automobile parts from the site to a place where they may be legally kept er
disposed of.
PART II - MARKETS
Part II of this by-law does not apply to an occasional market organized for
charitable or patriotic purposes provided that the organizers of such an
occasional market shall receive the prior approval of an Officer.
Every person who establishes, operates or maintains a market shall prior to
estabIishing, operating or maintaining same, obtain a licence to do so from the
Town.
Upon application on the prescribed form for a licence for a market or proposed
market, a lie.nee may be issued on payment of a fee of $500.00 per operating day.
No licenee shall be issued unless the market complies with the following
regulations:
1)
the applicable restricted area by-law of the Town permits a market use on
the lands on which the market is or shall be located;
2) the market is maintained in a sanitary condition;
3)
the lands upon which the market is held or is to be held and all lands
within 500 metres of the lands upon which the market is held or is to be
held, is eleared of all debris before 12 o'clock midnight of the day upon
which the market is licensed to operate;
5)
the market is maintained in a manner to guarantee the safe and uninterrupted
ingress and egress of the public;
the market shall be operated from within a building unless the person
operating the market has received the prior approval by resolution of the
Council to operate the market outdoors.
A licence may be revoked if any of the regulations set forth in section 12 of
this by-law are not adhered to at any time.
A licence may be refused:
1)
if a licence for a market, at the same location or operated by the same
person as the proposed market, has previously been revoked under section 13
of this by-law; and
2)
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 provided that the applicant is given written
notice of the grounds.
15.
16.
18.
19.
21.
22.
23.
24.
25.
Where a person establishes, operates or maintains an unlicensed market, the
person shall, on receivinE written notice to do so, remove, within the time limit
specified in the notice, all goods, wares, merchandise or any other articles or
foodstuffs and fruits and vegetables put up for sale from the site to a place
where they may be legally kept or disposed of.
PART III - PUBLIC HALLS
Every person who owns a public hall shall, prior to establishing, operating and
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 public hall.
Upon application on the prescribed form for a licence for a public hall or the
renewal thereof, a licence or renewal thereof may be issued on payment of a fee
of $10.00.
No licence shall be issued unless the applicable restricted area by-law of the
Town permits a public hall on the lands on which the public hall is or shall be
located.
PART I¥ - GENERAL
The Town Clerk is hereby authorized to issue any licences issuable pursuant to
this by-law on behalf of the Council.
1)
A lieence issued pursuant to Parts I and III of this by-law is personal,
shall not be transferrable 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.
The holder of a licence shall prominently display the said licence on the lands
or premises, ss the ease may be, for perusal of the public.
The holder of a licence shall make his lands or premises, as the case may be,
available for inspection at any reasonable time by an Officer.
Council may revoke any licenee issued pursuant to this by-law, but before
revoking any licence, the holder thereof shall be given at least (7) 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
permitted either by himself or his representative to appear before Council to
show cause why he believes such licence should not be revoked.
PART V PENALTIES
Any person convicted of a breach of Parts I or II of this by-law shall be liable
to s fine not exceeding $2,000.00 exclusive of costs for each offence pursuant to
section 321 of the Municipal Act, R.S.O. 1980, c. 302, ss amended.
Any person convicted of a breach of Part III of this by-law shall be liable to a
fine of not less than $50.00 and not more than $500.00 and in default of payment
of the fine imposed or in addition to such fine, to imprisonment for a term of
not more than six months pursuant to section 3 of the Public Halls Act, R.S.O.
1980, c. 408.
PART VI - REPEAL OF BY-LAWS
26. By-laws 1073/79 and 1492/82 are hereby repealed.
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PART VII - EFFECTIVE DATE
27. This by-law shall take effect on January 1, 1985.
By-law read a first, second and third time and finally passed this 30th day of
July, 1984.
Clerk /