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HomeMy WebLinkAboutBy-law 2603 THE CORPOE~.T]'ON OF THE TOWNSHIP OF pICKER~N(~ B,Y-LA.~ NO~ ,2603 A by-law to license and ~g~ate the ope~to~ of public garages within She To~shi~ ~off ~ckering. WHE~ pa~ph 127 of Seetlon 379 (1) of The Municip~ Ao%~ ~ R.S.O. 1960 C.249 provides that by-laws may be passed by of local ~ieipalities for lieens[n~ ~nd ~ulatin~ the of public ~a~es inelud~n~ automobile se~ee stations as defined ~n Clause A of pa~ph 128 of the s~id Section 379, a~ for fees of such lieenees, and for ~wokin~ such l[eenees mn4 for imposin~ penalties for b~aehes of such by-laws and For the collection BE IT T~O~ ENACT~ BY T~E ~IClP~ COUNCIL OF T~ CO~TION OF THE TOWNSHIP OF PICkiNG AS FOLLOWS: 1. In this by-law (a) "Co,ell" shall mean the Municipal Co~eil of the of the Township of Pieke~n~. (b) "motor vehicle" sh~l have the s~e meanin~ as defined Section 1 (15) of The ~i~hway Tmfffie Act, R,S.O. 1960 C.172, (e) "public ~a~a~e" shall Include all those establis~ents listed in Col~n A he,under and each such establis~en% which may be licensed under the p~isions of th~s by-law shall be ~i~en %he app~p~ate lieenee classification or classifications listed in Col~n B he.under; COL~ A COL~ B Automobile Semite Station ~s Lteence Classification A defined in Clause (a) of para- graph 128 of Section 379 (1) off The ~unteip~ Act; Parking Station or Pa~1~ Lot L1eence Classification B A building or place whe~ motor Lieence Classlflcatton C ~ehieles a~ kept for s~le or A Building or place whe~ motor Licence Classlffieation D vehicles a~ ht~d or kept ov used for h1~ other than taxi sta~s and d~vlng schools; A building or place whe~1n the L1eenee Classification E main use is the washing off motor vehicles fo~ compensation; A Building or place used as a Ltcence Classlfflcation F moto~ vehicle ~pair shop~ Automobile paint shop and Lteence Classification G automobile body ~palr shop; A building or place used For L1eence Classification H the ea~ing on of the bus/ness pe~itted to an automobile se~ioe station in con~unct$on ~lth some other ~tall business; The~ sh~ll be t~en out by eve~ operator of a public gauge in the Township of ~ckerlng a ltcence ff~ the Co. ell autho~ztng him to carry on hie Business in the To.ship of ~cke~, for which said ltcenoe the pe~on obt~$nl~ the s~e shall pay to the Township of Pleke~ng at the time of taking out such lleene% the ~e~ f~ed by th~s by-l~w~ and no pe~on sh~l~ ~th~n the limits ~F ,the Township of P1cke~ng~ carry on or e~age in ~y such b~i~il ~t~l he has p~eu~d such l$cence to do so. - 2 - 3. Before a licence is granted, the applicant therefor shall make application to the Council through the ~le~k upon such form or fo~ms as may be from time to time prescribed by the Council but ne 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 licorice 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 invest- igations which he deems necessary or which are required by law or by the Council relative to the application~ and shall tranemit the same to the Beeve. 5. If the investigations referred to in the next preceding section do not disclose any reason to believe that the carrying out of the applicant~s business may be in any way adverse to the public interest, the Council may direct the Clerk to issue the licenceo 6. The Clerk~ er such 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. 7o Every person obtaining a licorice under this by-law shall keep his licorice posted up in some conspicuous place on the premises in respect to which the licorice is issued, and every person so licensed shall when so requested by any person authorized by the Council~ produce the licence for inspection. 8, Any person duly authorized by the Council may at all reasonable times during business hours inspect the lands and premises of any person who has or is required to have a licence under this by-law, and no pereon who has or is required to have a licorice 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 pereons carry on or engage in par{nership in any of the businesses set out in section 2 the licorice 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 par{nership shall be set out therein~ and such licorice shall terminate on the dissolution of such partnership. 10. All licences issued under this by-law shall be personal to the holder thereof and shall not be transferred. 11. 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 licorice is issued observe, comply with and be governed by the regulations set out in Schedule ~A't to this by-law and the said Schedule shall for~ par{ of this by-law. 12. The Council may revoke any licorice issued under this by-law but before revoking any such licence the holder thereof shall be given at least 30 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 hot be revoked. 13. Notice of the revocation of any licorice may be given by the Clerk by registered letter mailed to the address given by the licensee in his application for the licorice, or by con~nunication to the licensee in any manner whatsoeveR and upon such notice the licence revoked shall cease and terminate and be of no further effect. 14. Any person convicted of a breach of any of the previsions or requirements of this by-law shall be liable upon conviction therefor to forfeit and pay at the discretion of the Hagistrate a penalty not exceeding $300.00 exclusive of costs for each offence. Every such penalty shall be recove~ble under the previsions of the Summary Convictions Act. 15. Every licence issued under this by-law shall, unless it is sooner revoked or forfeited, expire on the 3~st day of December in the year in which it is issued. 16. The fee for a lieence under this by-law shall be $2.00 for each classification covered by such licence, with a minimum fee of $5.00, 17. By-Law Number 2094 is hereby repealed. By-Law read a first and second time this 6th day of March, 1961 By-Law read a third time and PASSED this. day of 1961o .,.-~ Reeve  Clerk SCHEDULE 'A~ to By-Law No. 2603 of the Corporation of the Township' of Picketing dated the day of , 1961, relating to operators of public garages.~- 1. No pe~on licensed as the ope~to~ oF a public gauge o~ auto- mobile semite station ~1 sto~ or pa~ or ~low to be sto~d or pa~od the~at any t~ller used for h~an habitation ~hile so sto~d or pa~ed. 2. No pe~on o~ing or keeping an aut~obile se~ioe station licensed ~de~ the p~visions off this by-law shall use or pe~lt his suto- mobile se~iee station to be used ~or the pu~ose of w~eking~ pa~i~, sto~ng o~ sellin~ motor vehieles~ or for perfoming the~in any ~paivs to motor vehicles other than minor or ~n~ ~pai~ essenti~ to the actual ope~tion of such vehioles~ or for storin~ and keepin~ for sale any a~icles, aceesSo~es or me~handise of any kind other than ~asoline, oil~ ~ase~ anti- f~eze, ti~s, tubes~ automotive accessories and pa~s ~qui~d ffo~ minor ~pairs. Notwithstanding the forgoing automatic vendl~ machines may be kept ~d operated at an automobile se~ice station. 3. Eve~ applicant fo~ a licenee to operate a pa~i~ station or pa~ing lot shall include in his application a statement setting (a) The location and dimensions of the lands in ~spect of ~hich he seeks such licence (hereinafte~ ~ferred to as the Licensed P~mises) ~ (b) The ~i~ n~ber of motor vehicles p~posed to be pa~ed or sto~d at or upon such p~mises at ~y one timel (c) The hou~ du~ing ~hich such p~mises ~11 be open for businessl (d)The location of each p~posed entrance to and exit f~m such p~misesl (e) The location~ size and type of const~ction of any office p~posed to be used or e~cted at or upon such p~mises. 4. Every pe~on licensed to ope~te a pa~in~ station or pa~ing lot shall (1) If he e~ages in d~vi~ ope~atins~ or moving motor vehicles pa~ed or sto~d at or upon the licensed p~ises~ be the holder of an Ope~tor~s or ChaUffeur's Licence ~der The High. ay Traffic Act ~ sh~l not, employ any pe~on or pe~it any employee to like.se d~ve or ope~te such motor ~ehieles ~ess such pe~on is the holder of such an Ope~tor~s o~ Chauffeur's Lioence. (2) ~hile on duty at or about the Licensed P~mises~ car~ on his pe~on a ba~e bea~ the ~o~s ~Ga~e Attendant~ ~hich ba~e shall be obtainable f~m the Cle~ at a cost of $1.00~ and shall display s~e constantly and conspicuously on the outside off his olothingl and shall ~qui~ every pe~on employed by him to ~ceive, d~ve, operate~ move or deliver motor vehicles pa~ed or sto~d at o~ upon the Licensed P~ises simila~ly to oa~ and display such a ba~el ~d e~ery application fo~ such b~e sh~l be made on the p~vided by and obtainable f~m the Cle~. (3) Display in a conspiouo~ place at o~ upon the Licensed P~mises a sign o~ signs of a design ~lch is not ~isleadi~ and bea~ng (a) In lette~ and fl~u~s of unifom size but not less than thee inches in height, ~s ~tes or cha~es for pa~in~ or sto~ng motor vehicles and (b) in ~y legible lette~, the hours du~ng ~hich the Licensed P~mises a~ open for business~ his n~e ~d add.ss. - 2 - 4. (4) Provide proper means of ingress and egress to and fr~m 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 tho 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 was properly located less than twenty-five feet fro~ 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 required by subsection 3, maintain constant and vigilant supewision 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 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 r~bbish and in a clean and neat condition and keep any sidewalk or street upon which such premises abut, free fro~ any dirt or other foreign substance derived from such premises or resulting from the use thereof. (7) ~here 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 bear/rig 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 othe~lse 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 ltcence 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 ~hich such premises abut; (2) Park or stove 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 pemit 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. -'3 6. No person licensed to operate a public 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 ~hich such premises abut. 7. Every person licensed to operate a packing station or parking lot shall at all times~permit any person authorized by the Council to enter the Licensed ~remises and make such inspection as may be deemed necessary in order to ascertain whether or not the p~ovis- ions of this 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 whether on a frame or in a motor vehicle while stationary~ unless adequate ventilation is provided to ensure dilution of any carbon ~onoxide fumes. (2) No public garage ltcence shall be issued in respect of a building for which no license was issued in the previous year unless the applicant satisfies the Clerk that the Department off Labour for the Province of Ontario has approved the plans for providing adequate ventilation facilities in that part of the building where motor cars may be stored or repai red. 9, No person licensed under this by-law as operator of a public garage shall upon the premises in respect of which such llcence is issued carry on the business of 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 applicable thereto~ or unless such person shall provide Off-street parking space at the place of ingr~ess to such premises for at least 20 cars for each wash line~ and at the place of egress from such premises for at least 3 BY-LAW read a First and Second time this Gth day of ~{avch, 1961 BY-LAW read a Third time and PASSED this day of , 1961.