HomeMy WebLinkAboutBy-law 265/75THE CORPORATION OF THE TOWN OF PICKERING
By-Law Number o4 S /75
A By-law to licence and regulate the operators
of Public Garages within the Town of Pickering.
WHEREAS paragraph 131 of section 354 (1) of the Municipal Act
R.S.O. 1970 C. 284 provides that By-laws may be passed by
Councils of the local municipalities for licensing and regulating
the operators of public garages including automobile service
stations as defined in Clause A of paragraph 132 of the said
Section 354, and for fixing fees of such licenses, and for
revoking such licenses and for imposing penalties for breaches
of such by-laws and for the collection thereof:
BE IT THEREFORE ENACTED BY THE MUNICIPAL COUNCIL OF THE CORPORATION
OF THE TOWN OF PICKERING AS FOLLOWS:
1. In this by-law
(a) "Council" shall mean the Municipal Council of the
Corporation of the Town of Pickering.
(b) "Motor Vehicle" shall have the same meaning as
defined in Section 1 (17) of The Highway Traffic
Act, R.S.O. 1970 C. 202
(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 license classification
listed in Column B hereunder;
COLUMN A
Automobile Service Station as
defined in Clause (a) of paragraph
132 of Section 354 (1) of The
Municipal Act;
Parking Station or Parking Lot
A building or place where motor
vehicles are kept for sale or stored
A building or place where motor
vehicles are hired or kept or used
for hire other than taxi stands and
driving schools;
A buildinq or place wherein
the main use is the washing of
motor vehicles for compensation
A building or place used as a motor
vehicle repair shop;
COLUMN B
LICENSE CLASSIFICATION A
LICENSE CLASSIFICATION 8
LICENSE CLASSIFICATION C
LICENSE CLASSIFICATION D
LICENSE CLASSIFICATION E
LICENSE CLASSIFICATION F
Automobile paint and automobile LICENSE CLASSIFICATION G
body repair shop,
A building or place used for the LICENSE CLASSIFICATION H
carrying on of the business permitted
to an automobile service station in
conjunction with some other retail
business;
Contd.... 2.
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2. There shall he taken out by every operator of a public
garage in the Town of Pickering a license from the Council
authorizing him to carry on his business in the Town of
Pickering, for which said license the person obtaining
the same shall pay to the Town of Pickering at the time
of taking out such license, the fee fixed by this by-law,
and no person shll, within the limits of the Town of
Pickering, carry on or enrage in any such business until
he has procured such license to do so.
3. Before a license is granted, the applicant therefore shall
make application to the Council through the By-law Enforcement
Department ipon such form or forms as may be from time to time
prescribed uy the Council but such application shall not be
required where a license desires renewal of his license if the
facts and conditions.relating thereto are the same as when the
original license was issued.
4. The By-law Enforcemnt Officer shall, upon receipt of the
application referred to in the preceding section, make or
cause to be made all investigations wheich he deems
necessary or which are required by law or by the Council
relative to the application.
5. If the investigations referred to in the preceding section
do not disclose any reason to believe that the carrying out
of this applicant's business may be in any way adverse to
the public interest, the Ciuncil may direct the By-law
Department to issue the license.
6. The By-law Officer, or such other person as may be designated
shall on behalf of the Council sign all licenses issued thereby
pursuant to this By-law and such license shall be in such form
as the Council from time to time designates.
7. Every person obtaining a license under this By-law shall keep
his license posted up in some conspicuous place on the premises
in respect to which the license is issued, and every person
so licensed shall when so requested by any person authorized
by the Council, produce the license for inspection.
8. Any person duly authorized by the Council may at all reasonable
times during business hou:; inspect the lands and premises of
any person who has or is required to have a license under this
By-law, and.no person who has or is required to have a license
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.
9. Where two or more persons carry on or engage in partnership
in any of the businesses set out in section 2, the license
may be issued in the name of one partner only, but when the
application for license is made the name and address of each
member of the partnership shall be set out therein, and such
license shall terminate on the dissolution of such partnership.
10. All licenses issued under this by-law shall be personal to the
holder thereof and shall not be transfered.
11. Every person applying for or holding a
by-law shall in such application or in
engaging in the business in respect of
issued observe, comply with and be gov,
set out in Schedule "A" to this by-law
shall form part of this by-law.
license under this
carrying on or
which the license is
srened by the regulations
and the said Schedule
Contd..... 3.
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12. That Council may revoke any license issued under this
by-law but before revoking any such license the holder
thereof shall be given at least 30 days notice mailed
or delivered to his address last known to the By-law
Department and 'shall be permitted either by himself or
by his representative to appear before Council to show
cause why he believes such license should not be
revoked.
13. Notice of the revocation of any license may be given
by the By-law Department by registered letter mailed
to the address given by the licensee in his application
for the license, or by communication to the licensee
in any manner whatsoever, and upon such notice the
license revoked shall cease and terminate and be of
no further effect.
14. Any person convicted of a breach of any of the provisions
or requirements of this by-law shall be liable upon
conviction therefor to forfeit and pay at the discretion
of the presiding Judge or Justice a penalty not exceeding
$300.00 exclusive of costs for each offence. Every
penalty shall be recoverable under the provisions of the
Summary Convictions Act.
15. Every License 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.
16. The fee for a license under this by-law shall be $10.00
17. By-law Number 4275/72 is hereby repealed.
By-law read a FIRST, SECOND and THIRD time this k1,1' day of "`
1975. '
r
Aaminlatrator-Clerk. j
SCHEDULE "A" to By-law No.
of.the Corporation of the Town
of Pickering dated this
day of 1975.
relating to operators of public
garages.
1. No person licensed as the operator of a public garage
or automobile service station shall store or park or
allow to be stored or parked thereat 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 for performing therein
any repairs to motor vehicles other than minor 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,
automotive accessories and parts required for minor
repairs. Notwithstanding the foregoing automatic
vending machines may be kept and operated at an automobile
service station.
3. Every applicant for a licence to operate a parking lot
shall include in his application a statement setting forth:
(a) The location and dimension 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 duri^g 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 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 Operators of Chaffeur's
Licence under The Highway Traffic Act and shall mot,
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
Chaffeur's Licence.
(2) Display in a conspicuous place.at or upon the Licensed
Premises a sign or signs of a design which is not
misleading and bearin(; (a) in letters and figures of
a 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
which the licensed Premises are open for business, his
name and address.
Contd...... 2.
4. (4) Provide proper means of ingress and egress to 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 any parking station or parking lot
located at a corner lot, no entrance or exit shall be
located less than twenty-five feet from the nearest
intersection of the curbs of the intersecting streets
unless at the date of this By-law the said entrance
or exit was properly located less than twenty-five
feet from such intersection and was in accordance with
all local by--laws applicable thereto.
(SY Either by himself or through one or more employees,
during the business hours specified in the sign or
signs required by subsection 3, maintain constant
and vigilant supervision of every motor vehicle
parked or stored at or upon the Licensed Premises
provided that this provision shall not apply in the
case of any Licensed Premises where each motorvehicle
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 rubbish 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 resulting 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 of 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 of, or damage to such motor vehicle and the
contents thereof while parked, stored or otherwise
in the care and custody of the Licensee or any 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
License number of such motor vehicle.
No person licensed to operate a parking station or parking lot
shall:
(1) Remove or cause to be removed any snow from the
Licensed Premises to any sidewalk or roadway upon
which such premises abut;
(2) Park or store any motor vehicle on any highway upon
which the Licensed Premises abut;
Contd...... 3.
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(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 purspose of parking or storing same at or upon
the Licensed Premises; or use or cause or permit any
employee or other person co 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 operate a public garage shall remove
.or cause to be removed any snow frr_m his public garage or
automobile service station premises to any sidewalk or
roadway upon which such premises abut.
7. Eveiy person licensed to operate a parking station or parking
lot shall at all times permit any person authorized by the
Council to enter the Licansel Premises and make such
inspection as may be deemed necessary in order to ascertain
whether or not the provisions of the By-law are being
complied with.
8. (1) No person licensed as the 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 stationery, unless adequate ventilation is provided
to ensure dilution of any carbon monoxide fumes.
(2) No public garage license shall be issued in respect of
a building for whic% no license was issued in the previous
year unless the applicant satisfies the Licensing Officer
that the Department of Labour :or the Province of Ontario
has approved the plans for pro-iding adequate ventilation
facilities in that part of the building where motor cars
may be stored or repaired.
9. No person licensed un6nr this Hy-)ew as operator of a public
garage shall upon the premises in respect of which such
licence is issued, ^ar<-y on the r;isi.ness ff washing or
cleaning motor vehicles by mechanical 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 applicabale thvzwto, or unltiss such persons shall
provide off--street fa,.-.ina _-pac at the place of ingress to
such premises fcL a•.. ?,t s,4, r;:s for each wash line, and at
the place of egres:• from. Much ror-_',es `.or at least 3 cars.
10. No person licensed under this, Dy-•la-,r for classification C
shall have, keep stove, ^xhil?i t r,y offer for sale such cars
unless such cars are enclosed within a building or enclosed
behind a fence of sufficient height and construction so that
none of the cars stored on the pr^n,ises shall be visible to
a person six feet tall, standing -,t the grade level of the
nearest roadway a.°nd diztant 100 feet from the nearest lot
line, provided that in nr ev€r.t shall the fence be less than
seven feet in height, unlasr such automobile bears a
Safety Standards CectiZicate issued pursuant to the Highway
Traffic Act and regulations.
By-law read a first, second and third time this day of
;^)_ `^ 1975.
l e.?l
Clerk