By-Laws and policies that are frequently requested by the public can be found below. Most of these documents are in English only. By-Laws followed by an * are consolidated versions that are provided for administrative and reference purposes only. They are not to be used in lieu of photocopies of the original by-law, including for legal uses.

If you wish to view a by-law not on this list, or a non-consolidated version, please contact the Clerk's Office by email at mouellet@clarence-rockland.com or 613-446-6022 ext. 0.

Policies

 Accessible Customer Service - Policy ADM2018-02

Policy Statement

The City of Clarence-Rockland is committed to providing equal access to its programs, services and facilities, to its residents, including people with disabilities.

2.0 Purpose / Objective

The purpose of this Policy is to establish guidelines on providing goods and services to persons with disabilities while providing an opportunity for integration, independence, dignity and equal opportunity. This Policy has been prepared pursuant to requirements and information provided in the Ontario Regulation 429/07 made under the Accessibility for Ontarians with Disabilities Act, 2005 (AODA).

3.0 Definitions

“Assistive Devices” are auxiliary aids such as communication aids, cognition aids, personal mobility aids and medical aids (i.e. canes, crutches, wheelchairs, scooters or hearing aids).

“Disabilities” as per the Ontario Human Rights Code, disability means:

  • any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device;
  • a condition of mental impairment or a developmental disability;
  • a learning disability or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language;
  • a mental disorder; or
  • an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997.

“Employees” are person(s) who deal with members of the public or other third parties on behalf of the Corporation of the City of Clarence-Rockland, whether the person does so as an employee, agent, volunteer or otherwise.

“Persons with Disabilities” are individuals who are afflicted with a disability as defined under the Ontario Human Rights Code.

 “Regulated health professional” include the following: Audiologists and Speech[1]Language Pathologists, Chiropractors, Nurses, Occupational Therapists, Optometrists, Physicians and Surgeons, Physiotherapists, Psychologists, Registered Psychotherapists and Registered Mental Health Therapists.

“Service Animals” are any animal individually trained to do work or perform tasks for the benefit of a person with a disability.

“Support Persons” are any person whether a paid professional, volunteer, family member, or friend who accompanies a person with a disability in order to help with communications, personal care or medical needs, or with access to goods or services.

4.0 Scope

This policy applies to all City employees, and all volunteers, and to any individual or organization that deal with the public on behalf of the City.

5.0 Policy Procedures and Guidelines

Assistive devices People with disabilities may use their personal assistive devices when accessing our goods, services or facilities.

In cases where the assistive device presents a significant and unavoidable health or safety concern or may not be permitted for other reasons, other measures will be used to ensure the person with a disability can access our goods, services or facilities.

Communication

When communicating with people with disabilities, employees will do so in a manner that takes into account the person’s disability. This may include regular mail, email, and/or telephone communications. Employees will discuss with the person with a disability to determine what method of communication works best for them.

Service Animals

People with disabilities may be accompanied by their service animal in the areas of the City premises that are open to the public, provided that he/she maintains care and control of the animal at all times.

An animal is a service animal for a person with a disability:

  • If it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or
  • If the person provides a letter from a regulated health professional confirming that the person requires the animal for reasons relating to the disability.

If a service animal is excluded by law, the City shall ensure that alternate means are available to enable the person with a disability to obtain, use or benefit from the goods and services.

If a customer or a staff member has an allergy to animals, the City shall make every reasonable effort to meet the needs of all individual.

Support Persons

People with disabilities may be accompanied by a support person and the City shall ensure that both persons are permitted to enter the premises together and that the person with a disability is not prevented from having access to the support person while on the premises.

If an amount is payable by a support person for admission to the premises or in connection with a support person’s presence at the premises, notice shall be given in advance by including same on the City’s website and in any other manner deemed appropriate.

In situations where the City has obligations under privacy laws or has issues of confidentiality or professional obligations, a support person may be requested to agree to requirements of service just as the person with a disability does.

The City may require a visiting person with a disability to be accompanied by a support person when on the premises, but only if a support person is necessary to protect the health or safety of the person with a disability or the health or safety of others on the premises. In this case, the City shall not charge the amount payable for the support person.

  • Before making a decision in this regard, the City shall consult with the person with a disability to understand their needs; consider health or safety reasons based on available evidence; and determine if there is no other reasonable way to protect the health or safety of the person or others on the premises.

Notice of Temporary Disruption

If, in order to obtain, use or benefit from the City’s goods or services, persons with disabilities usually use particular facilities or services of the City and if there is a temporary disruption in those facilities or services in whole or in part, the City shall give notice of the disruption to the public.

Notice of the disruption must include the following information:

  • the reason for the disruption
  • the anticipated duration
  • a description of what alternative facilities or services are available, if any. Notice shall be given on the approved Notice of Disruption Form by posting the information at a conspicuous place at the location of the disruption which may include any or all entrances and by posting it on the City’s website or by such other method as is reasonable in the circumstances.

Temporary Disruption Form is attached hereto as Schedule “A” to this Policy.

Training

The City shall provide training to all members within the organization, including employees, volunteers, agents, contractors and others who deal with the public or other third-parties and those involved in developing customer service policies, practices, and procedures, will receive Accessibility Awareness Training within six months of beginning their duties.

The City will also provide ongoing training with respect to changes in its policies, practices, and procedures to those individuals who require such training as soon as practicable.

The City will keep records of all staff who have received training (e.g., dates, trainer, etc.). Accessibility Awareness Training will include the following:

  • How to provide goods and services in a manner that respects the dignity and independence of persons with disabilities;
  • How to interact and communicate with persons in a manner that takes into account their disabilities;
  • The process for people to provide feedback to the City, its provision of goods and services to persons with disabilities, and how the City responds to the feedback and takes action on any complaint;
  • How to interact with persons with disabilities who use an assistive device or require the assistance of a service animal or a support person to access goods and services;
  • Information on other Municipal policies, practices, and procedures dealing with the AODA;
  • A review of the purposes of the AODA and the requirements of the customer service standard;
  • How to use equipment or devices available on City premises or provided by the City that may help with the provision of goods and services; and
  • What to do if a person with a disability is having difficulty accessing the City's goods and services.

The training shall also be provided on an ongoing basis in connection with changes to the policies, practices and procedures governing the provision of goods or services to persons with disabilities.

The training content may vary depending on who is receiving the training and the nature of the services provided and depending on the individual Departmental requirements.

Training format may include an eLearning Session with Questionnaire, a Self Training Manual with Questionnaire, or other formats as required.

Feedback process

A process for receiving and responding to feedback in regards to the accessibility of the goods and services provided by the City has been established.

Customers who wish to provide feedback or suggestions may do so in person, by telephone, in writing, by email, online via the City’s website, or other accessible formats upon request.

The Feedback Form is attached hereto as Schedule “B” to this Policy.

Availability of documents

This document shall be made available on the City`s website and shall be made available to anyone upon request.

 Modification to this or other Policies Any policy of the City that does not respect and promote the dignity, independence, integration and equal opportunity for people with disabilities will be modified or removed or interpreted and applied in order to include those principles.

 Bilingualism - Policy ADM01-01

The purpose of this policy is to establish a general procedure in order ensure a bilingual service in our municipality.

General Clause

The City of Clarence-Rockland has declared itself, by way of resolution on March 10th 1998, a bilingual entity. Therefore, the following policy will serve as a guide with regards to administrative policies of the City of Clarence-Rockland relating to the mandatory use of the French and English languages in the execution of various services and programs offered by the City of Clarence-Rockland.

Employees

All existing and future municipal staff whose tasks require that they be in direct contact with the public and who do not have the ful knowledge of one of the official languages will be required to obtain instruction in the other official language to the level of proficiency required for their position. These courses shall be subject to the existing policy on courses for municipal employees.

Documentation

All documents which are prepared or reproduced by the municipality shall be made available, wherever possible, in a bilingual format. When a bilingual format cannot be utilised a department, will be permitted to produce a “non-official” translation of the document.

The current practice of preparing certain documents or forms in both official languages shall be maintained.

The following municipal documents shall be prepared in both official languages within a reasonable time:

a. Resolutions and reports presented on the agenda of a public meeting of municipal Council;

b. Minutes of all municipal Counci meetings;

c. Agendas, reports and minutes of al municipal Committees;

d. All municipal by-laws (wherever possible); e. All forms which are intended to be distributed to the public;

f. All documents which are printed by the accounting system in the Finance Department and which are distributed to the public;

g. The collective agreement of the unionized employees of the municipality shall be translated if requested during negotiations;

h. All other documents, forms, releases and services offered by the municipality which are not specifically described herein and which are intended to be distributed to the public shall be available in both official languages.

i. It will not be mandatory to prepare in both official languages, documents such as subdivision agreements, site plan agreements, land deeds and other similar documents.

j. Internal correspondence which is not intended to be given to the public may be prepared in the author’s preferred language.

Translation

The expenses incurred for the translation of a document will be the responsibility of the municipality.

Reply to Correspondence

All written or oral requests shall be replied in the same language as that of the applicant.

Responsibility

This policy shall be administered by the Chief Administrative Officer.

These instructions are in addition to federal and provincial laws & regulations on bilingualism.

 Integrated Accessibility Standards - Policy ADM2013-02

1.0Policy Statement

The City of Clarence-Rockland is committed to being responsive to the needs of all customers and members of the public. To do this, the City must recognize the diverse needs of all residents and respond by trying to provide services and facilities that are accessible to all. As an employer and provider of public service, the City is committed to ensuring its services are provided in an accessible manner.

The City will promote accessibility through the development of policy, practices and procedures and by ensuring that consideration is given to persons with disabilities. To do this, policies, practices and procedures shall address dignity, equity, inclusion, independence and responsiveness.

2.0 Purpose/Objective

The purpose of this policy is to set out the requirements of the Ontario Regulation 191/11 – Integrated Accessibility Standards (IASR) which reflects a number of accessibility standards that organizations, including the City of Clarence-Rockland, are required to meet.

3.0 Scope and Responsibility

This policy applies to all City employees, volunteers, and to any individual or organization that provides goods, services or facilities to the public on behalf of the City.

This policy has been drafted in accordance with the Regulation and addresses how the City will achieve accessibility through meeting the Regulation’s requirements.

The requirements of the Regulation include:

1. Establishment, implementation, maintenance and documentation of a multi-year accessibility plan, which outlines the City’s strategy to prevent and remove barriers and meet its requirements under the Regulation;

2. Incorporation of accessibility criteria and features when procuring or acquiring goods, services, or facilities.

3. Training; and

4. Other specific requirements under the Information and Communication, Employment, Transportation Standards and Built Environment.

4.0 General Provisions

Accessibility Plans

The City of Clarence-Rockland will establish, implement, maintain and document a multi-year accessibility plan outlining its strategy to prevent and remove barriers and meet the requirements under the IASR. The multi-year accessibility plan will be posted on the City’s website and be provided in an accessible format, upon request, as soon as practicable; and; reviewed and updated at least once every five years.

Annual Status Reports

The City will prepare an annual status report on the progress of measures taken to implement the multi-year accessibility plan. The status report will be posted on City’s website and will be provided in an accessible format, upon request, as soon as is practicable.

Training The City shall ensure that training is provided to all employees on the requirements of the IASR and the Ontario Human Rights Code, as it pertains to persons with disabilities. Ongoing training will be provided to new employees as soon as practicable.

Procuring or Acquiring Goods, Services or Facilities

The City will have regard for accessibility criteria and features when procuring or acquiring foods, services or facilities, except where it is not practical to do so (in which case, if requested, an explanation will be provided).

5.0 Information and Communication Standards

5.1 Definitions

Communications means the interaction between two or more persons or entities, or any combination of them, where information is provided, sent or received.

Communication Supports may include, but are not limited to, captioning, alternative and augmentative communication supports, plain language, verbal explanation or other supports that facilitate effective communications.

Information includes data, facts and knowledge that exist in any format, including text, audio, digital or images, and that convey meaning.

5.2 Guidelines and Procedures Feedback

The City shall ensure that the processes for receiving and responding to feedback are accessible to people with disabilities by providing or arranging for the provision of accessible formats communication supports, upon request.

Accessible formats and communication supports

The City will notify the public about the availability of accessible formats and communication supports. Accessible formats and communication supports for persons with disabilities shall be provided in a timely manner, taking into account the person’s accessibility needs and at a cost that is no more than the regular cost charged to other persons.

Exceptions

The IASR does not apply to product or product labels; unconvertible information or communication; and, information that the City does not control directly or indirectly through a contractual relationship. If the information or communications are unconvertible, the City shall provide the person requesting the information or communications with an explanation as to why the information or communications are unconvertible and a summary of the unconvertible information or communications.

Emergency procedures, plans or public safety information

Emergency procedures, plans or public safety information, that are publicly available, shall be provided in an accessible format or with appropriate communication supports, upon request, as soon as practicable.

Accessible Websites and Web Content

The City shall work toward making its website and web content conform to the Worldwide Web Consortium’s Web Content Accessibility Guidelines, initially at level A and increasing to level AA in accordance with the timeframes set out in the Integrated Accessibility Standards.

6.0 Employment Standards

6.1 Application

The requirements set out in the Accessible Employment Standards section of the City Integrated Accessibility Policy apply only to employees of the City. They do not apply to volunteers or other non-paid individuals.

6.2 Definitions

Performance management means activities related to assessing and improving employee performance, productivity and effectiveness, with the goal of facilitating employee success.

Career development and advancement includes providing additional responsibilities within an employee’s current position and the movement of an employee from one job to another in an organization that may be higher in pay, provide greater responsibility or be at the higher level in the organization or any combination of them and, for both additional responsibilities and employee movement, is usually based on merit or seniority, or a combination of them.

Redeployment means the reassignment of employees to other departments or jobs within the organization as an alternative to layoff, when a particular job or department has been eliminated by the organization.

Recruitment

The City shall do the following:

  • Notify the applicants with disabilities about the availability of accommodations in its recruitment process.
  • Notify job applicants when they are selected to participate in an assessment or selection process that accommodations are available, in relation to the materials or processes to be used.
  • Consult with the applicant to provide or arrange for the provision of suitable accommodation that takes into account the applicant’s accessibility needs.

6.3 Guidelines and Procedures Notice to successful applicants

When making offers of employment, the City will notify the successful applicant of its policies for accommodating employees with disabilities Informing employees of supports The City will inform employees of its policies used to support its employees with disabilities including those on the provision of job accommodation that take into account an employee’s accessibility needs. This information will be provided to new employees as soon as practicable after they begin their employment. Updated information will be provided to employees whenever there is a change to existing policies.

Accessible formats and communication supports for employees

When requested by an employee, the City will consult with the employee to provide or arrange for the provision of accessible formats and communication supports needed to perform the employee’s job and information generally available to employees in the workplace.

Workplace emergency response information

The City will provide individualized workplace emergency response information to employees who have a disability, if the disability is such that the individualized information is necessary and the employer has been made aware of the need for accommodation due to the employee’s disability. Individualized workplace emergency response information will be reviewed when an employee moves to a different location in the organization, when the employee’s overall accommodation needs or plans are reviewed and when the City reviews its general emergency response policies.

Documented individual accommodation plans The City shall develop and have in place a written process for the development of documented individual accommodation plans for employees with disabilities. The process shall include the elements identified in section 28(2) of the IASR.

Return to work process The City shall develop, document and have in place a return to work process for employees who have been absent from work due to a disability and require disability-related accommodations to return to work.

Performance management, career development and advancement, and redeployment The City shall take into account the accessibility needs of employees with disabilities and individual accommodation plans in performance management processes, when providing career development and advancement opportunities and when considering redeployment of employees with disabilities.

7.0 Transportation Standards

The Accessibility Standard for Transportation will make it easier for everyone to travel in Ontario. The standard applies to conventional and specialized transportation services, as well as to municipalities that license taxicabs or provide conventional transportation services.

Public Transit

The City shall ensure that owners and operators of public transit are in conformity with the transportation standard under the Accessibility for Ontarians with Disabilities Act, 2005, where an agreement exists.

Taxicabs

The City shall ensure that owners and operators of licensed taxicabs do not charge higher fares or additional fees to a passenger with a disability. The City shall also consult with the public to determine the proportion of accessible taxis required in the community.

8.0 Built-in Standards

The Accessibility Standards for the Built Environment focus on removing barriers in two areas, namely public spaces, and buildings. Enhancements to accessibility in buildings will happen at a later date through Ontario’s Building Code, which governs new construction and renovations in buildings.

The City will comply with the AODA Design of Public Spaces Standards (Accessibility Standards for The Built Environment) when undertaking new construction and redevelopment of public spaces which may include:

  • Recreational trails;
  • Outdoor public and eating areas;
  • Exterior paths of travel;
  • Accessible parking;
  • Obtaining Services
  • Ontarians with Disabilities Act, 2011
  • Accessibility for Ontarians with Disabilities Act, 2005
  • Accessibility Standards for Customer Service-Ontario Regulation 428/07
  • Ontario Human Rights Code
  • Integrated Accessibility Standard[1]Ontario Regulation 191/11
  • City of Clarence-Rockland Accessibility Plan
  • Clarence-Rockland Five-Year Accessibility Plan
  • LOI2009-02 Accessibility Standards for Customer Service

9.0 References and Related Documents

 Public Consultation - Policy ADM2013-01

1.0 Policy Statement

The City of Clarence-Rockland is committed to communicating with its residents to ensure that it meets the needs of the community in its planning and decision making.

2.0 Purpose/Obective

The purpose of this policy is to provide a set of principles and establish guidelines for public consultation process.

3.0 Definitions

‘Consultative Process’ means to give the public an opportunity to influence the municipal planning and decision making by presenting their views which are taken into consideration as the municipal government makes its final decision.

‘Deliberative Process’ means to give the public an opportunity to engage in a dialogue with the officials responsible for municipal planning and decision making in an effort to work through the issues together, while municipal government retains its responsibility to make the final decision.

‘Engagement Process’ means to give the public an opportunity to collaborate as a partner in the municipal planning and decision making in an effort to effectively find and implement solutions to complex problems or achieve complex goals.

4.0 Scope

This policy applies to all members of the City’s organization that may be involved in the municipal planning and/or decision making process.

5.0 Policy Procedures / Guidelines

5.1 Principles:

The following principles reflect the City of Clarence-Rockland’s commitment and approach to engaging citizens in the municipal planning and decision making process:

a. Value and encourage public involvement The views of the community shall be valued and public involvement shall be encouraged on issues that affect them. The development of a public consultation plan in the early stages of a project will be required.

b. Exceed legislated requirements The extent of public consultation processes shall reflect the magnitude and complexity of the specific initiative and where possible legislated policy shall be exceeded.

c. Share information and educate Information shall be regularly shared to educate the public and to promote awareness and discussion on issues of individual and community interest.

d. Openness Opportunities for open, constructive and balanced discussion shall be created to solicit input from the public.

e. Mutual respect/Objectivity Consultation shall be conducted in a fair and respectful manner, considering all views to build trust with the public. Views will be considered in a non-confrontational and constructive manner.

f. Efficiency/Effectiveness The consultation method utilized shall reflect the magnitude and complexity of the initiative, the degree of public interest and the needs of those likely to be affected.

5.2 Consulting Methods:

The following are the methods to consider in developing a public consultation plan:

a. Consultative Process This is the most traditional process. It is the process which is usually prescribed in legislation for planning matters, including zoning by-laws, official plans, as well as amendments thereto.

b. Deliberative Process This process should be considered when consultation needs to go beyond the consultative process. This process is a great tool to get the public involved in understanding, confirming or determining what the real issue is in particular cases in order to subsequently enable the municipality to conclude with an acceptable solution.

c. Engagement Process This is the most innovative process. It requires the municipality and the public to work in partnership to achieve a common goal and to share responsibility of the outcome.

5.3 General Procedure:

When a project or initiative is identified to include a public consultation component, even if the method of public consultation is already prescribed by legislation, staff shall:

a. Initiate a meeting with the applicable Department Head, the Chief Administrative Officer and the Communications Officer to review the initiative and establish which method of consultation will be utilized;

b. Develop a public consultation plan based on the method chosen in order to identify the process in detail;

c. Publicly advertise the consultation plan and all pertinent information regarding the project/initiative accordingly. The use of the City’s web page shall play a major role in communicating with the public.

d. Evaluate the public consultation method utilized and report any positive/negative findings to the Chief Administrative Officer.

 

Video Surveillance Policy - Policy PRO2021-010

Effective November 1st, 2021

Adopted by Resolution 2021-190

1.0 Policy Statement

The City of Clarence-Rockland recognizes the delicate balance between an individual’s right to be free from invasion of privacy and the need to protect the safety and security of its employees, the public and property. In respecting this balance, the City is committed to ensuring and enhancing the safety and security of the public, its employees and property by integrating security best practices with the responsible use of technology. The City ensures that the personal information of persons captured on video surveillance is maintained as private, confidential and secure, except as legally exempted or in situations outlined by this policy.

2.0. Purpose/Objective

The objectives of video surveillance systems are to enhance the safety and security of employees, the public and corporate assets, to prevent unauthorized activities on or involving City property and reduce risk and liability exposures.

3.0 Definitions

City means the Corporation of the City of Clarence-Rockland;

Clerk means the person appointed by the City as the Clerk in accordance with section 228(1) of the Municipal Act, 2001 as amended.

MFIPPA means the Ontario Municipal Freedom of Information and Protection of Privacy Act, 1990, as amended.

Personal Information in accordance with the MFIPPA, means recorded information about an identifiable individual, including:

a)      information relating to the race, national or ethnic origin, color, religion, age, sex, sexual orientation or marital or family status of the individual,

b)     information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved,

c)      any identifying number, symbol or other particular assigned to the individual,

d)     the address, telephone number, fingerprints or blood type of the individual,

e)     the personal opinions or views of the individual except if they relate to another individual,

f)       correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence,

g)      the views or opinions of another individual about the individual, and

h)     the individual’s name if it appears with other personal information relating to the individual or where the disclosure of the name would reveal other personal information about the individual;

4.0 Scope

This policy applies to all City of Clarence-Rockland employees, including full-time, part-time, casual, contract, volunteer and co-op placement employees. Contractors and service providers are afforded the same rights and expectations as employees in this policy, while performing authorized activities for the City. This policy applies to all video surveillance systems located in all City properties and facilities. This policy does not apply to covert surveillance used as an investigation tool for law enforcement purposes or in contemplation of litigation.

5.0 Policy Procedure/Guidelines

The City of Clarence-Rockland is responsible for the video surveillance systems and maintaining custody and control of video records at all times.

The collection of personal information through video surveillance is authorized under section 28(2) of the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA).

Providing notice

Signs are posted at all public access points to and within areas under video surveillance. All attempts are made to ensure proper signage is posted at all facilities using a video surveillance system.

Camera placement

Where possible, all cameras that are adjustable or moveable are restricted to prohibit the viewing of locations not intended to be monitored. Cameras are prevented from looking through a window of an adjacent building or areas where a higher level of privacy is expected, such as within a washroom or change room.

Use of video recordings

The information collected through video surveillance is used only for the purposes of:

  • Enhancing the safety and security of employees, the public and corporate assets;
  • Preventing unauthorized activities upon or involving City property;
  • Assisting in investigating unlawful activity;
  • Assessing the effectiveness of safety and security measures;
  • Investigating an incident involving the safety or security of people, facilities or assets;
  • Providing evidence as required to protect the City’s legal rights;
  • Investigating an incident or allegation of serious employee misconduct;
  • Managing corporate risk;
  • Investigating an incident involving a potential or active insurable claim; or
  • A consistent purpose.

Any time an incident report is completed, the applicable video will be pulled and retained as needed.

When a City employee is involved in an incident for which a video recording is being pulled, that video recording must be reviewed and pulled by another employee or manager.

Requests for disclosure

The City of Clarence-Rockland does not disclose a video record to any individual or organization except as permitted through MFIPPA.

  1. Public requests for disclosure - Any person may make a written request for access to video records created through a video surveillance system through the freedom of information process. Access may depend on whether there is an unjustified invasion of another individual’s privacy and whether any exempt information can be reasonably severed from the record.
  2. Internal requests for disclosure – City employees or consultants may request a copy of a video recording if it is necessary for the performance of their duties in the discharge of the institution’s functions.
  3. Law enforcement requests - The City may disclose a copy of a video recording to a law enforcement agency where there are reasonable grounds to believe that an unlawful activity has occurred and been captured by the video surveillance system in accordance with section 32.(g) of MFIPPA.

If video containing personal information is improperly disclosed or is suspected to have been disclosed to an unauthorized person, the employee or service provider who is aware of the disclosure must immediately inform the appropriate department manager, as well as, the City Clerk or delegated employees.

Live viewing

Live viewing is restricted to time periods when there is a demonstrably higher likelihood of safety and security concerns involving employees, the public or corporate assets, or the commission of unauthorized activity in the area under surveillance. Live feed monitors are turned off when not in use.

Retention and destruction

Video that has not been requested by the public, City employees or law enforcement agencies within the maximum retention period is considered transitory and is automatically erased by being overwritten in accordance with the records retention by-law.

If video is proactively pulled in anticipation of a request, video may be stored for up thirty (30) calendar days. If no request is received within the thirty (30) days then it is manually deleted.

Digital recording equipment may only be destroyed when replaced by a new piece of equipment or when it is not repairable. It may only be destroyed by an authorized service person and it is destroyed in a manner that ensures that it can no longer be used by any person and that the information recorded cannot be reconstructed or retrieved by any person.

6.0 Responsibility

The Chief Administration Officer (CAO) will:

  • Provide oversight and compliance with this policy by all City employees.

The Municipal Law Enforcement Manager will:

  • Ensure a public notice for video surveillance is placed at all City sites that have a video surveillance system;

The City Clerk and delegated employees will:

  • Respond to requests for disclosure under the freedom of information or applicable routine disclosure procedures;
  • Respond to requests from the public and employees about the collection, use, and disclosure of personal information captured by a video surveillance system;
  • Respond to appeals and privacy complaints received through the Office of the Information and Privacy Commissioner of Ontario (IPC);
  • Educate employees and visitors on the collection, use, and disclosure of personal information through the video surveillance system;
  • Work with department manager(s) and employee(s) in the event of an improper disclosure of personal information;
  • Notify the IPC in the event of a privacy breach, where appropriate;
  • Conduct internal audits of the system, as required, to ensure compliance with this policy and MFIPPA.

Directors, managers and supervisors will:

  • Ensure the appropriate use of the video surveillance system at their facility(ies) in compliance with this policy;
  • Delegate and assign responsibility regarding who will act on their behalf in following procedures relating to this policy in their absence;
  • Provide job-specific training;
  • Refer any requests for copies of surveillance video to the City Clerk or delegated employees;
  • Investigate and report any privacy breaches to the City Clerk or delegated employees;
  • Ensure that employees are monitoring compliance with the retention periods applicable to the video surveillance systems.

Employees will:

  • Report to their manager or supervisor any suspected privacy breach;
  • Report to their supervisor any problems with the video surveillance system;
  • Review and comply with this policy and MFIPPA in performing their duties and functions related to the operation of the video surveillance system.

Employees may be subject to criminal charges, civil liability and/or discipline, including but not limited to termination, for a breach of this policy, or provisions of MFIPPA or other relevant statutes.

By-Laws

Adult Entertainment Establishments - 2006-14

Being a by-law to regulate the operation and location of adult entertainment establishment within the City of Clarence-Rockland.

Whereas subsection 150(1) of the Municipal Act, 2001, chapter.25, as amended provides that local municipalities may license, regulate and govern any business wholly or partly carried on within the municipality, and provides a number of powers with respect thereto includes the power to license, regulate and govern the persons carrying on or engaged in the business;

Whereas section 151 of the Municipal Act, 2001, provides a number of specific powers with respect to the licensing of adult entertainment establishment including the power to define the area of the municipality in which adult entertainments may or may not operate and limit the numbers of licenses granted in any defined area in which they are permitted;

Whereas the City of Clarence-Rockland is enacting this by-law for the following purpose:

a. to protect the health and safety of residents of the City;

b.to protect the health and safety of patrons, and employees of an adult entertainment establishment;

c. to control any nuisances that may arise as a result of the operation of an adult entertainment establishment; and

d.to protect consumers who are patrons of an adult entertainment establishment;

And whereas the Council of the city of Clarence-Rockland held a public meeting in the accordance with section 157(3) of the Municipal Act with respect to this by-law on March 8th, 2006.

Now therefore the council of the city of clarence-rockland enacts as follows:

Definitions:

  1. For the purpose of this by-law;

“Adult video” means any videotapes, the contents of which are designed or held out as designed, to appeal to the erotic or sexual appetites or inclination, through the pictorial, photographic or other graphic depiction of subject matter by cinematographic film, videotape, video disc, computer diskettes, computerized systems, electronic entertainment products or other medium. A videotape classified by the Ontario Film Review Board as Restricted with added information piece Adult Sex Film shall  be deemed to be an adult videotape.

“Adult entertainment establishment” means any premises or any part thereof, where in pursuance of a trade, calling, business or occupation, goods, entertainment or services that are designed to appeal to erotic or sexual appetites or inclinations are provided.

“Attendant” means any person other than a licensed owner or operator who provides services in adult video establishment or video rental outlet.

“Chief of Police” means the Provincial Police detachment Commander or authorized representative.

“City” means the Corporation of the City of Clarence-Rockland

“Municipal Law Enforcement Services Director” means the Director of the Municipal Law Enforcement Services, duly appointed by council or authorized representative.

“Municipal Law Enforcement Officer” means a Peace Officer for the purpose of enforcing Municipal By-laws for the Corporation of the City of Clarence-Rockland.

“Operator” refers to any person who alone or with others, operates, manages, supervises, runs or controls an adult entertainment store. Operates and operation or other words or like import or intent shall be given a corresponding meaning.

“Owner” means any person who alone or with others, has the right to possess or occupy, or actually does possess or occupy, an adult entertainmentestablishment and including a lessee of an adult entertainment establishment or premises upon which an adult entertainment establishment is located .

“Provide” means when in relation to any adult entertainment store, means to sell, offer to sell or display for sale by retail or to rent, offer to display for rental, or to exchange, trade or to offer to exchange or trade or display for exchange or trade, whether or not the cost, fee or other consideration passes at the time of such sale, rental, or exchange or trade, or is effected through the cost of membership, subscription, admission, or any other manner.

Interpretation

2. No person shall operate within the City of Clarence-Rockland any adult entertainment establishment as defined in this by-law without first obtaining a license from the Municipal Law Enforcement Director authorizing him to operate such a business.

  1. The following types of licenses may be issued:

a)     License “A” to the owner or operator of an adult  entertainment establishment in which the principal business carried on is the provision of either or adult magazines, adult videos, or any goods appealing to or designed to appeal to erotic or sexual appetites or inclinations.

b)   License “B” to the owner of an adult entertainment establishment in which the provision of adult videos is incidental to the carrying on of a business not referred to in paragraph (a),and who holds a legal non confirming use to carry on such business or occupation on the date of adoption of this By-law.

  1. A separate license shall be obtained in respect of each adult entertainment establishment.
  2. Every person who requires a license for an adult entertainment establishment shall;

Conditions for issuance of a license

a) file an application in writing by completing in full the prescribed form as set out in schedule “B” which makes part of this by-law,

b) be at least eighteen (18) years of age;

c) assure that the premises for which a license is required complies with the zoning, building and any other by-laws requirements of the City;

d) provide the Municipal Law Enforcement Director with any documents, permits or permission pertaining to the operation of the said business;

e) pay to the City a license fee as set out in schedule “A” fixed by this By-law.

f)  The Municipal Law Enforcement Director shall make such investigation or inquiry with respect to any application for a license under this by-law, as he considers necessary, and may obtain such information relevant to such application as he considers necessary or required by law or policies of the City.

g) Where the investigation or any information available to the Municipal Law Enforcement Director discloses reasonable grounds to believe that the applicant may not be entitle to the issuance of a license pursuant to any provisions of this by-law, or any other applicable law, the Municipal Law Enforcement Director shall refer this matter to Council which shall provide the applicant an opportunity for a hearing with respect to the application.

Regulations applicable to adult entertainment establishment license “a”

h)     Every holder of a License “A” shall:

  1. maintain on   the   premises,   during   all   business   hours,   a   current   list   of   all adult video available on the premises, and make such a list available for inspection when so requested by the Municipal Law Enforcement Director or the Chief of Police,
  2. post and keep posted at every entrance to the adult entertainment establishment signs sufficient to indicate clearly to any person approaching or entering the store, and to every person in the store, that no person under the age of eighteen (18) years is permitted to enter or remain in such establishment or any part thereof,
  3. ensure that no person under the age of eighteen (18) years is permitted to enter or remain in the adult entertainment establishment,
  4. ensure that no person under the age of eighteen (18) years is permitted to work in the adult entertainment establishment,
  5. ensure that no person under the age of eighteen (18) years is provide with service in the adult entertainment establishment,
  6. ensure that no adult magazine, adult video or goods is provided, rented or sold to any person under the age of eighteen (18) years,
  7. ensure that exterior signs or advertisements for adult entertainment establishment do not use text or pictorial representations of any specified body area or specified sexual activity or specific titles of any adult video,
  8. ensure that no adult magazine, adult video, adult video container, or any other printed material, or visual image which reveals a specified body area or a specified sexual activity, is displayed so that it may be viewed by any member of the public from outside of the premises, and
  9. ensure that no adult videos are played or previewed for public view within the adult entertainment establishment.

Regulations applicable to adult entertainment establishment license “b”

i)    Every holder of a License “B” shall:

  1. maintain on the premises, during all business hours, a current list of all adult videos available on the premises, and make such list available for inspection when so requested by the Municipal Law Enforcement Director or the Chief of Police,
  2. stores all adult videos behind the counter or other area not accessible to customers of the store,
  3. not display allow to be displayed any adult video, adult video container, or any other printed material or visual image which reveals a specified body area or a specified sexual activity, where it can be seen by customers in the store,
  4. make the listing, referred to in paragraph (a) hereof, available to any person who is eighteen (18) years of age or older upon request and such listing shall be in a opaque covered binder for the purpose of selecting adult video as defined in this By-law,
  5. ensure that no adult video is provided, rented or sold to any person under the age of eighteen (18) years,
  6. ensures that no adult videos are played or previewed for public view within the adult entertainment establishment, and
  7. have in there possession no more then (24) adult videos available for clients to select from at all time.

Expiry of license

j)  Any adult entertainment establishment license shall be valid for a one year period and  unless  they  are  forfeited  or  revoked,  shall  in  each  case  expire on  the  31st  day of each year.

Renewal of license

k)     The Municipal Law Enforcement Director may renew an existing license if the licensee:

  1. produces his current valid license before the expiry date ;
  2. fulfils the application requirements set out in section 5 of this by-law  inclusively;

a)   pays the applicable license fees set out in schedule A that forms part of this by-law.

Refusal – suspension – revocation of license

l) If the investigation referred to in section 6 of this by-law discloses any reasonable grounds that the carrying on of the adult entertainment establishmentmay result in the breach of the law or any other by-laws of the City, the Municipal Law Enforcement Director may refuse to issue or renew the license.

m) (a) The Municipal Law Enforcement Director shall notify the applicant in writing of the refusal to issue or renew such license where it shall make reference that the applicant has an opportunity for a hearing before Council with respect to the application;

(b) The Council may after the hearing, in accordance to the Municipal Act,

(i)  suspend the license;

(ii) revoke the licence, or

(iii) impose conditions on the license.

Administration and enforcement

n) Nothing in this By-law shall exempt any person from complying with the requirements of any other by-law or regulation or any other law in force within the area affected by this by-law. It is the responsibility of the licensee and the owner to ensure that the adult entertainment establishment complies with all legislation and regulation pertaining to the conduct of such a business.

o) The provisions of this by-law shall be administered and enforced by the Municipal Law Enforcement Services.

16 The Municipal Law Enforcement Director may inspect at all reasonable times the adult entertainment establishment to assure compliance with the provisions of this by-law or any other by-laws of the municipality.

17. No person who is licensed or required to be licensed, shall hinder or obstruct the Municipal Law Enforcement Director during the investigation referred to in Section 6 or cause any inspections to be hindered or obstructed.

Penalties

18. Each day that a person operates a business in contravention of the provisions of this By-law shall constitute a separate offence.

19.  Any person who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, 1990, R.S.O., Chapter P. 33. and amendments thereto

Order Prohibiting

20. When a person has been convicted of an offence under the provisions of this By-law, any court of competent jurisdiction thereafter may in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act by person convicted directed towards the continuation or repetition of the offence.

Severability

21. It is declared that if any section or subsection or part or parts thereof be declared by any competent Court of Law to be illegal shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

By-law Enforce

22. This By-law shall come into force and take effect on the day it is duly adopted by council.

Schedule Adopted

23. The schedule referred to in this by-law shall form part of this by-law and be read in conjunction with the entry across there from, and not otherwise.

Former By-Law Repeal

That the City of Clarence-Rockland By-law No.1995-002, for the licensing, regulating, and governing of adult entertainment parlours and video ishereby repealed.

Read a first, second and duly passed upon the third reading, this 13th day of March, 2006

Richard Lalonde, Mayor

Daniel Gatien, Clerk

 Adult Entertainment Parlours - 2006-10

Whereas section 150 of the municipal act, 2001, chapter.25, as amended provides that local municipalities may license, regulate and govern any business wholly or partly carried on within the municipality, including the power to license, regulate and govern the persons carrying on or engaged in the business;

And whereas section 151 of the municipal act, 2001, provides for the licensing of adult entertainment establishment including the power to define the area of the municipality in which adult entertainments may or may not operate and limit the numbers of licenses granted in any defined area in which they are permitted;

And whereas the city of Clarence-Rockland is desirous and enacting   this by-law   for the following purpose:

  1. To protect the health and safety of residents of the city;
  2. To protect the health and safety of patrons, entertainers and employees of an adult entertainment parlour;
  3. To control any nuisances that may arise as a result of the operation of an adult entertainment parlour; and
  4. To protect consumers who are patrons of an adult entertainment parlour;

And whereas the council of the city of Clarence-Rockland held a public meeting in the accordance with section 157(3)   of   the   municipal   act   with   respect   to   this   by-law on March 8th, 2006.

Now therefore the council of the city of Clarence-Rockland enacts as follows:

Part i - Definitions:

For the purpose of this by-law;

“Adult Entertainment Parlour” means any premises or part thereof   in which are provided, in pursuance of a trade, calling, business or occupation, live entertainment, or services appealing to or designed to appeal to erotic or sexual appetites or inclinations, including body rub parlours and may include a restaurant as an a accessory use;

“Adult Entertainment Operator” means an individual person other then the owner, who alone or with others operates, manages, supervises, runs or directs an

Adult entertainment parlour on an ongoing basis or from time to time, or who exercises control over an adult entertainment parlour on behalf of the owner;

“Applicant” means a person or persons or a corporation applying for a license under this by-law;

“Body Rub” includes the kneading, manipulation, rubbing, massaging, touching or stimulating by any means of a person’s body or part thereof, but does not include medical or therapeutic treatment given by a person otherwise duly qualified, licensed or registered to do so under the laws of the province of Ontario;

“Body Rubber” means an individual person other than a licensed owner or operator who in pursuance of a business, occupation or calling performs body rubs;

“Body Rub Parlour” means any premise or part thereof where body rub is performed, offered or solicited in pursuance of a business;

“Clearance Certificate” means a certificate issued by immigration Canada to a person who is neither a Canadian citizen nor a permanent resident who provides evidence of his/her legal authority to work in Canada;

“Council” means the council of the city of Clarence-Rockland;

“Owner” means a person or persons who has or have the right to possess or occupy an adult entertainment parlour or who actually does possess or occupy an adult entertainment parlour or premises upon which an adult entertainment parlour is located;

“Daily register” means a register of entertainers providing services at an adult entertainment parlour which is maintained by the owner or operator pursuant to this by-law and contains the name, stage name, licence number and the date and time of performance;

“Entertainer” means any person other than a licensed adult entertainment owner or adult entertainment operator who provides at or in an adult entertainment parlour live entertainment or services designed to appeal to erotic or sexual appetites or inclinations;

“Fire Chief” means the fire chief of the city of Clarence-Rockland or in the alternative, someone designated to act on his/her behalf;

“Designated Entertainment Area” means the area, approved by the chief building official and the municipal law enforcement director, where live entertainment or services designed to appeal to erotic or sexual appetites or inclinations may be provided, such area to offer a clear and unobstructed view to entrances, disc jockey area, bar and other public areas;

“Licensee” means a person to whom a license is issued under the provisions of this by-law.

“live entertainment or services designed to appeal to erotic or sexual appetites or inclinations” means:

(a) services of which the principal feature or characteristic by a person or persons involved or engaging   in   specified   sexual   activities   or by emphasis on the display of human nudity or partial nudity of any person. For the purposes of this clause “partial nudity” means less than completely or opaquely covered:

  1. Human genitals or human pubic region;
  2. Human buttocks; or
  3. Female breast below a point immediately above the top of the areola;

b) Services in respect of which the word “nude”, “naked”, “topless”, “bottomless”, “sexy” or any other word or any picture, symbol, or representation having like meaning or implication is used in any advertisement or in respect of which is advertised the availability of any form of entertainment held out to be, by reason of its sexual content;

“Medical Officer of Health” means the medical officer of health of the eastern Ontario health unit and includes any employee acting on his/her behalf;

“Municipality” means the corporation of the city of Clarence-Rockland;

“Person” means includes individuals, partnerships, associations, trusts, unincorporated organisations and corporations;

“Provide” when used in relation to live entertainment or services designed to appeal to erotic or sexual appetites or inclinations includes to furnish, perform, solicit or give such live entertainment or services and “Providing” and “Provision” have corresponding meanings;

“Services” means services designated to appeal to erotic or sexual appetites or inclinations and includes activities, facilities, performances, exhibitions, viewings, massages and encounters but does not include the exhibition of film approved under the theatres act;

“Unobstructed” means without obstruction by walls, structures curtains or any other screen or enclosure.

Part ii - Interpretation - General

In this by-law:

(a) words importing the singular number or the masculine gender only, include more persons, parties or things of the same kind than one and females as well as males and the converse.

(b) a word interpreted in the singular number has a corresponding meaning when used in the plural.

(c) "may" shall be construed as permissive.

(d) "shall" shall be construed as imperative.

Part iii - Classes of Licenses

  1. The following (3) types of licenses may be issued by the  municipality
  • Adult entertainment parlour owner;
  • Adult entertainment parlour operator;
  • Adult entertainment parlour entertainer

2  a)  no person shall be entitled to obtain more then one adult entertainment parlour owner’s license pursuant to the provisions of this by-law;

b)      no partnership which includes a person who is a holder of an adult entertainment parlour owner’s license shall be entitled to a license pursuant to this by-law;

c)      no corporation whose directors, officers or shareholders or any of them are holders of an adult entertainment parlour owners licence shall be entitled to a licence pursuant to this by-law.

3. A separate adult entertainment operator’s license shall be obtained by each person operating an adult entertainment parlour.

4. A separate adult entertainment entertainer’s license   shall   be   obtained by each person entertaining in an adult entertainment parlour.

5. No person shall carry on or engage in any trade, business or occupation listed in section 2, 3 and 4 of this by-law, without obtaining and maintaining in good standing a license as required by section 1. Of this by-law, authorizing him/her to carry on such trade, business or occupation within the boundaries of the municipality.

6. Licenses referred to in this by-law issued to an adult entertainment owner, operator and entertainer are not transferable.

7. The requirements for obtaining a license under this by-law is in addition to and not in substitution for any other requirements to obtain a license or licenses or other regulatory approval under any other federal, provincial or municipal regulation.

Part iv - Requirements for Issuance or Renewal of An Adult   Entertainment Owner’s License

8. Any person wishing to make an application for an adult entertainment parlour owner’s license, or a renewal thereof pursuant to this by-law, shall attend in person at the office of the municipal law enforcement director and file the following documents:

a. Proof that the applicant is eighteen (18) years of age or older;

b. Provides proof of age and identification satisfactory to the municipal law enforcement director;

c. Original documents from the issuing agency outlining the results of investigations related to the applicant for a police records check, dated less than 30 days prior to the date of the application for a license;

d. a detailed floor plan, drawn to scale, of the adult entertainment parlour has been approved by the municipal law enforcement director and the and the details on such floor plan shall include but are not limited to the following:

i. The designated entertainment area; and

ii. Location of seating areas, offices, cloak rooms, disc jockey area, kitchen facilities, bar area, dressing rooms, washrooms, storage areas and exits;

e) a letter from the planning department confirming that the premises complies with the zoning, building and property standards requirements of the city;

f) a written report from the fire chief that the premises complies with fire regulations;

g) a letter from the medical officer of health that the premises in connection with which the license is sought is suitable for the purpose of the license application and is in a sanitary condition;

h) proof that the applicant has insurance in accordance with the requirements of section 40 (1) under this by-law;

i) proof that the adult entertainment parlour is located in an area referred to in section 20; and

j) proof that the applicant has paid the fees described in schedule “a” to this by-law.

k) satisfactory proof that the applicant has provide particulars of the class and status of any license issued to or required to be obtained by the applicant or another person under the liquor licence act, r.s.o.1990,

l)  in respect of any building, premise or place in or at which the adult entertainment parlour for which the license is sought is to be carried on in by the applicant.

9. Where the owner is a corporation, the required attendance shall be made in person by all

Shareholders, directors and officers who shall file on behalf on the corporation the following:

(a)    all matters required to be filled pursuant to section 8. Of this by- law;

(b)   a copy of its letters of incorporation or other incorporating document duly certified by the proper government official or department;

(c)    a list of all officers, directors and shareholders and the address of their ordinary residence;

(d)   a declaration that the persons named therein are the only shareholders of the corporation;

(e)    the name or names under which it carries on or intends to carry on business; and

(f)     The mailing address for the corporation.

10. Where the owner is a partnership, attendance shall be made by all partners who shall comply with the provisions of section 8. Of this by-law; and

a)  Provide the name of each partner and the address of his ordinary residence;

b)  Provide the name or names under which they intend to carry on the business

c)  Provide that the persons named therein are the only members of the partnership;

d) Provide the mailing address of the partneship; and

e) A copy of all registration of the partnership.

Part v - Conditions for Issuance or Renewal of an Adult  Entertainment Operator’s License

11. any person wishing to make an application for an adult entertainment parlour operator’s license, or a renewal thereof pursuant to this by-law, shall attend in person at the office of the municipal law enforcement director and file the following documents:

(a)  satisfactory proof that applicant is (18) eighteen year of age or older;

b). The original documents from the issuing agency outlining the results of investigations related to the applicant for a police records check, dated less than 30 days prior to the date of the application for a license;

(c)  proof of age and identification satisfactory to the municipal law enforcement director;

d)The name of the owner of the adult entertainment parlour in which the applicant intends to operate; and

e) Two (2) passport-type photographs of the applicant’s face five centimetres (5cm) by five centimetres (5cm) in size;

f) Proof of payment of the fees described in schedule “a” to this by-law.

Part vi - Conditions for Issuance or Renewal of an Adult    Entertainment Performer’s License

12. any person wishing to make an application for an adult entertainment parlour entertainer’s license, or a renewal thereof pursuant to this by-law, shall sttend in person at the office of the municipal law enforcement director and file the following documents:

(a)    Satisfactory proof that applicant is (18) eighteen year of age or older;

(b)   Original documents from the issuing agency outlining the results of investigations related to the applicant for a police record check, dated less than 30 days prior to the date of the application for a license;

(c)    Proof that the applicant is legally entitled to work in Canada which may be evidenced by either proof of Canadian citizenship, proof of permanent residency or a clarence certificate issued by Immigration Canada;

(d)   Proof of age and identification of applicant that is satisfactory to the municipal law enforcement director;

(e)    A letter of prospective employment or engagement from a licensed owner or operator operating in the municipality

(f)     Two (2) passport-type photographs of the applicant’s face, fine centimentres (5cm) by five centimetres (5cm) in size;

(g)   Proof that applicant has paid the fees described in schedule ‘a’ to this by-law.

Part vii - Issuance of License

13. Upon receipt of the any application or renewal for any classes of license as provided for under this by-law, the municipal law enforcement director shall:

(a)    Conduct a criminal record search in respect of the applicant; and

(b)   Determine whether or not the applicant has been convicted of offences relating to the occupation of this or any other by-laws in respect to adult entertainment parlours.

14. Upon completion of the investigations and searches set out above, the Municipal  Law Enforcement director may issue or renew any classes of license as set out in this by- law, provided that:

(a)    The provisions of section 8, 11 or 12, depending on the class of licence sought by the applicant, have been complied with;

(b)   The criminal record search discloses no criminal record of any applicant for offences relating to the ownership, operation or entertaining at an adult entertainment parlour;

(c)    There are no prior convictions under this or any other by-laws relating to adult entertainment parlours in Canada;

(d)   Any outstanding fines that have been imposed pursuant to any provision of this by-law have been paid;

(e)    The conduct of the applicant does not afford any reasonable grounds to belief that the applicant will not carry on business in accordance with the laws or with honesty and integrity; and

(f)     The applicant is (18) eighteen years of age or older.

15. The municipal law enforcement director shall furnish to each licensed adult operator a license containing a photograph of the face of the adult entertainment Operator and his or her name, license number and the expiry date of the license.

16. Every licensed adult entertainment operator shall produce his or her license for inspection    when    so    requested     by     the municipal     law     enforcement director, provincial police or any other peace officer.

Part viii - Refusal – Suspension – Revocation of License

17. The municipal law enforcement director may refuse to issue or renew a license for one or more of the following circumstance:

(a)    If the investigation referred to in section 14. Of this by-law discloses any reasonable grounds that the carrying on of the adult entertainment parlour may result in the breach of the law or any other by-laws of the city;

(b)   A licensee has been convicted under the criminal code of Canada or the controlled drug and substances act for an offence that relates to the operation of an adult entertainment parlour;

(c)    A licensee has been convicted under the liquor license act of the province of Ontario and the charges relates in any way to the operation of an adult entertainment parlour or the provision of services therein;

(d)   A licensee has been convicted of having contravening any provision or any provisions of this by-law or any other by-law relating to adult entertainment parlour within any twelve month period;

(e)    There are reasonable ground to believe that any application or any other document or information provided by or on behalf of the licensee contains a false statement or provides false information;

(f)     Information contain in the original application form or any other information provided to the municipal law enforcement director by or on behalf of the applicant, has ceased to be accurate and the licensee has not provided up to date accurate information to the municipal law   enforcement   director to   allow the municipal law enforcement director to conclude that the license can be or should be maintained as valid;

(g)   The conduct of the licensee afford reasonable grounds to believe that the licensee will not carry on business in accordance with the law or with honesty or integrity;

(h)   The licensee breaches a condition of the license;

(i)     In the case of an owner’s license, there are reasonable grounds for belief that the building, premise or place in which the business is carried in or intended to be carried does not comply with the provisions of this by-law, or with any other law, including any applicable building requirement, or is dangerous or unsafe;

(j)     The applicant does not accept or ensure compliance with any condition imposed under this by-law upon the business or upon the license, as a requirement of obtaining, continuing to hold or renewing a license; or

(k)   The municipal law enforcement director becomes aware of any fact or facts which, if know at the time of application, may have resulted in the municipal law enforcement director refusing the license, and the municipal law enforcement director shall provide a written notice detailing the grounds on which a license has been suspended or recommend in a written report to council that a license issued under this by-law be revoked.

18. The notice referred to in section 17 (k) shall be served to the licensee in writing by ordinary mail to the last known address of all parties as provided on the application referred to in this by-law, where such notice shall provide, the detail and reasons of the refusal to issue or renew such license and it shall make reference that the applicant has an opportunity for a hearing before council with respect to the application.

19. The council may after the hearing referred to in section 18 of this by-law, in accordance to the municipal act,

(a)    Suspend the license;

(b)   Revoke the licence, or

(c)    Impose conditions on the license.

Part ix - Location Restrictions

20. Adult entertainment parlours shall be located in a general industrial zone exemption (mg-1) as set out in the municipality’s zoning by-law number 2006-03, provided that the following conditions are respected:

a) Be located on the northerly side of industrial street, Rockland

b)The adult entertainment parlour is located a minimum of one thousand metres (1000m) from an existing adult entertainment parlour and a minimum of five hundred metres (250m) from any church, school, day care, public library, community centre, city hall or public park.

Part x - Regulations

21. A owner shall not permit any person other than a licensed adult entertainment operator to operate such adult entertainment parlour.

22. The owner shall post the license issued pursuant the provisions of this by-law, in a prominent location on the licensed premises so as to be clearly visible to the public.

23. No operator not being the owner of an adult entertainment parlour shall operate the said adult entertainment parlour unless the owner of the said adult entertainment parlour is duly licensed as an adult entertainment owner.

24. No owner or operator shall open the adult entertainment parlour for business or permit the same to be open or remain open for business or permit any services to be provided in the said adult entertainment parlour at any times between the hours of 0200 hours and 1100 hours of the same day.

25. No owner or operator shall permit the door or doors or other principal means of access into the adult entertainment parlour to be kept locked during the hours of business of the adult entertainment parlour.

26. An owner and, or the operator shall be in attendance during all hours of business of the adult entertainment parlour.

27. The owner shall ensure that an operator shall be in attendance during all hours of business of the adult entertainment parlour when the owner is not in attendance.

28. No owner or operator shall permit any person under the age of eighteen (18) years to enter or remain in the adult entertainment parlour.

29. No owner or operator shall permit any person who appears to be intoxicated by alcohol or a drug to enter or remain in the adult entertainment parlour.

30. No owner or operator shall place or permit to be placed any sign, or any other advertising device on any premises occupied by an adult entertainment parlour save and except a sign or other advertising device containing the words “adult entertainment parlour” and the name under which the business is operated provided such name does not include any of the following words: “nude”, “naked”, “topless”, “bottomless”, “sexy” or any other word or any pictures, symbol or presentation having like meaning or implication.

31. (1) No owner or operator shall permit services to be provided in any area of the premises other than the designated entertainment area shown on the approved floor plan.

(2)   No owner shall change or cause a change to be made in the adult entertainment parlour premises without first submitting a revised floor plan containing the information described in clause (e) of section 8 of this by-law and obtaining the approval of the municipal law enforcement director as well as any other approval required by by-law or other applicable laws.

32. Every owner and operator shall ensure that no adult entertainment service can be viewed from outside the adult entertainment parlour.

33. (1) No owner or operator shall use or permit to be used any camera or other photographic or recording device in, upon or at an adult entertainment parlour by any person other than a peace officer, medical officer of health, a public health inspector acting under the direction of the chief medical officer of health or a designated by the municipal law enforcement director.

(2) Subsection (1) shall not apply to cameras used for security purposes.

34. (1) No owner or operator shall permit live entertainment or services designed    to appeal to erotic or sexual appetites or inclinations to be visible from outside the premises in which the adult entertainment parlour is located.

(2)   Every   owner   or   operator    shall ensure   that    services    provided    by an entertainer, other then a body rubber, are provided without obstruction such as doors, walls, curtains or any other enclosure, which obstruction interferes with the view of any person, including a peace officer, police officer and a municipal law enforcement officer.

35. Every owner and every operator shall, in the operation of an adult entertainment parlour, comply with and ensure compliance with the following requirements:

a. The premises shall be equipped with adequate light and ventilation;

b. The premises and all equipment and fixtures therein shall be regularly washed and kept in a sanitary condition;

c. The premises shall be equipped with an effective utility sink;

d. Adequate toilet and washroom accommodation shall be provided and there shall be separate washrooms for males and females;

e. Washrooms shall be equipped with:

i. An adequate supply of hot and cold water;

ii. An adequate supply of liquid soap in a suitable container or dispenser;

iii. Hot air dryers or individual towels in a suitable container or dispenser; and

iv. A suitable receptacle for used towels and waste material; and

f. No washroom, toilet, sink or basin used for domestic purposes shall be used in connection with an adult entertainment parlour

36. (1) The owner or operator shall post the following notices in an area accessible    to    the    patrons    and    employees, in     the     adult entertainment entertainers dressing rooms, at all public entrances and in the washrooms

(a)    A notice to advise that physical contact is prohibited which notice shall include the telephone numbers of the provincial police and municipal law enforcement services; and

(b)   A notice that sexually transmitted infections can be transmitted through unprotected physical contact.

(2)  The owner or operator shall post copies of the approved floor plan at all public entrances and in the adult entertainment entertainer’s dressing rooms.

37. (1) The owner or operator shall maintain a daily register, to be signed by each entertainer, of all entertainers that have or are providing services at the adult entertainment parlour.

(a)    Every owner or operator shall produce the daily register referred to in section 38.(1) for inspection on demand of a peace officer, a municipal law enforcement officer or a police officer, and

(b)   The daily register shall remain the property of the city of Clarence- Rockland.

(2)  The owner or operator shall ensure that each entertainer has been included into and has signed the daily register prior to performing at the adult entertainment parlour.

38. (1) Every owner or operator shall maintain a list of the names, addresses and phone   numbers   of   every   adult   entertainment   operator, adult entertainment entertainer and employee of the adult entertainment parlour.

(2)   The owner or operator shall keep the list current at all times and retain all information for a period of one year after the end of the calendar year for which it was maintained.

(3)   The owner or operator shall produce the list referred to in section 38.(1) for inspection on demand of a peace officer, a municipal law enforcement officer or a police officer.

Part xi - Licence Expiry

39. (1) Every owner licence issued pursuant to this by-law shall expire  on December 31st of each year of the issuance of the license, unless earlier terminated or revoked.

(2)   Every operator and entertainer licence issued pursuant to this by-law shall expire one (1)  year following the date the licence was  issued, unless earlier terminated or revoked.

(3)   Notwithstanding section 40.(2) of this by-law, the licence of an entertainer who is neither a Canadian citizen nor a permanent resident shall expire on the date the entertainer’s authorisation to work in Canada expires, unless earlier terminated or revoked.

Part xii - Insurance

40. (1) Prior to the issuance of any license referred to under this by-law, the adult entertainment owner shall file with the municipal law enforcement director proof of insurance of commercial general liability coverage subject to limits of not less than two million dollars ($2,000,000.00) inclusive for bodily injury, death and damage to property.

(2)  If applicable to the licensed activity, such insurance shall be endorsed to include liquor licence act liability or host liability insurance.

Part xiii - Inspection

41. Any peace officer, municipal law enforcement officer or police officer may require a licensee to produce the license, records or any other documents required to be maintained pursuant to this by-law for the purpose of determining whether such person is validly licensed under this by-law, or whether this by-law is being contravened.

42. Any peace officer, municipal law enforcement officer, police officer or medical officer of health may at anytime of the day or night enter into the adult entertainment parlour to determine whether this by-law is being complied with and for such purpose make such examinations, investigations and inquiries as are necessary

43. No person shall obstruct, or hinder the entry for the inspection of any adult entertainment parlour or any part thereof by any peace officer, municipal law enforcement officer, police officer or medical officer of health.

44. No owner or operator shall construct or place equipment in an adult entertainment parlour in such a manner as to hinder or prevent the enforcement of this by-law.

Part xiv - Administration and Enforcement

45. Nothing in this by-law shall exempt any person from complying with the requirements of any other by-law or regulation or any other law in force within the area affected by this by-law. It is the responsibility of the licensee and the owner to ensure that the adult entertainment parlour complies with all legislation and regulation pertaining to the conduct of such a business.

46. The provisions of this by-law shall be administered and enforced by the municipal law enforcement director.

Part xv - Penalties

47. Any person who contravenes any of the provisions of this by-law, and every director or officer of a corporation, who concurs in a contravention of this by-law by the corporation, is guilty of an offence and upon conviction, is liable to a fine or penalty, pursuant to the municipal act, 2001 as amended.

48. Each day that a person operates as an adult entertainment parlour owner, operator or entertainer in contravention of the provisions of this by-law shall constitute a separate offence.any person who contravenes any of the provisions of this by-law, and every director or officer of a corporation, who concurs in a contravention of this by-law by the corporation, is guilty of an offence and upon conviction, is liable to a fine or penalty, pursuant to the municipal act, 2001 as amended.

49. Where a corporation is convicted of an offence under this by-law, the maximum penalty may be imposed on the corporation pursuant to to the municipal act, 2001 as amended.

50. Every person who hinders or obstructs or attempts to hinder or obstruct any peace officer or person exercising a power or performing a duty under this by-law is guilty of an offence and on conviction, is liable to a fine or penalty as set out in the provincial offences act, 1990, and amendments thereto

51. where the owner is convicted of carrying on or engaging in business in respect of any premises without a license required by this by-law, the court may make an order that the premises or part of the premise be closed to any use for a period not exceeding two (2) years pursuant to the municipal act, 2001.

Part xvi - Order Prohibiting

52. When a person has been convicted of an offence under the provisions of this by-law, any court of competent jurisdiction thereafter may in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act by person convicted directed towards the continuation or repetition of the offence.

Part xvii - Severability

53. It is declared that if any section or subsection or part or parts thereof be declared by any competent court of law to be illegal shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

Part xviii- Schedule Adopted

54.The schedules referred to in this by-law and shall form part of this by-law and each entry in a column of such a schedule shall be read in conjunction with the entry or entries across therefrom, and not otherwise.

Part ixx - Former By-Law Repeal

55. By-law no.1995-002, of the City of Clarence-Rockland for the licensing, regulating, and governing of adult entertainment parlours, is hereby repealed.

Part xx - Enactment

56. This by-law shall come into force on the day it is enacted.

Read a first, second and duly passed upon the third reading, this 13th day of March, 2006

Richard Lalonde, Mayor

Daniel Gatien, Clerk

Schedule "a"

Fees - Classes of Licenses
Class of LicensesLicense Fee
Owner of an adult entertainment parlour $2,500
Operator of an adult entertainment parlour $500
Entertainer of an adult entertainment parlour $125

No license fee refunds shall be allocated

 All-Terrain Vehicles - 2005-152 *

Being a by-law to regulate the operation of all terrain vehicles within the City of Clarence-Rockland.

Whereas under the provision of the Municipal Act 2001, Section 8, the powers of natural person exercise of authority and Section 11 (1) spheres of jurisdiction.

And whereas the Highway Traffic Act, R.S.O. 1990, Chapter H.8, Section 191.8, as amended provides that council of a municipality may pass by-laws;

a) permitting the operation of off-road vehicles on all highways under the jurisdiction of the City of Clarence-Rockland;  

b) prescribing a lower rate of speed for off road vehicles with three or more wheels and low-pressure bearing tires than that prescribed for off road vehicles by regulation on any highway; 

c) permitting the operation of off-road vehicles with three or more wheels and low pressure bearing tires on any highway or any part or parts thereof during specified months or hours.

Now therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

1. Definitions:

All Terrain Vehicle

Means an off-road vehicle that, 

i) has four wheels, the tires all of which are in contact with the ground, ii)    has a steering handlebar,

iii) has a seat that is designed to be straddled by the driver, and 

iv) is designated to carry a driver only and no passengers. 

Corporation

Means the Corporation of the City of Clarence-Rockland.

Highway

Includes a common and public highway, street, avenue, parkway, driveway, square,  place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

Ministry

Means the Ministry of Transportation and Communications.

Off Road Vehicle

Has the same meaning as in the Off-Road Vehicles Act.

Organized Trail

Means the whole of any trail established and maintained by a municipally recognized ATV recreational organization for the use of off road vehicles.

Park

Means lands within the City of Clarence-Rockland which is designated for parks, conservation parkland and nature trails for recreation purposes.

Peace Officer

Means a Municipal Law Enforcement Officer appointed under Section 15 of the Police Services Act to enforce by-laws.

Registration Number

Means a number or combination of letters and numbers

Serviced Roadway

Means the part of a highway that is improved, designed or ordinarily used for vehicular traffic, and includes the plowed portion of the shoulder and, where a highway includes two or more separate serviced roadways, the term Serviced roadway@ refers to any one serviced roadway separately and not to all of the serviced roadways collectively.

General Provisions

1. No person shall drive an All Terrain Vehicle on any highway under the jurisdiction of the Corporation, except within an organized trail as designated by council under schedule “A” of this By-law.   

2. Subject to sections 2, any person driving an All Terrain Vehicle on an organized ATV trail as designated in Schedule “A” to this by-law, shall be subject to a recognized ATV club membership and may use the shoulder of the designated highway to travel.

3. No person shall drive an All Terrain Vehicle any highway and organized trails between the periods of the 15th day of March to the 15th day of May of every year. 

5. Subject to sections 4, the Corporation may shorten or prolong the period of time where any designated highways under schedule “A” and organized trail may be closed to ATV traffic during the spring thaw period or at any time when the Corporation deem necessary to do so.

6. No person shall operate an All Terrain Vehicle on any highway or organized trail between the hours of 11 p.m. to 7 a.m.     

7. No All Terrain Vehicle organized trails located on a private land shall be located within 200 feet from a dwelling.

8. No person shall drive an All Terrain Vehicle on land owned by the Corporation unless the driver has received a written permission from the Parks Director of the Corporation.

Speed Limit

An All Terrain Vehicle shall not be driven at a rate of speed greater than:

a)  20 kilometers per hour, if the speed limit established under the Highway Traffic Act or by municipal By-law for that part of the highway is not greater than 50 kilometers per hour, or 

b) 50 kilometers per hour, if the speed limit established under the Highway Traffic Act or by municipal By-law for that part of the highway is greater than 50 kilometers per hour.

c) 20 kilometers per hour, if part of a highway or organized trail is located in a “Quiet Zone” as designated under schedule “B” of this By-law. 

Identification

1. Every All Terrain Vehicle shall have a registration number, in a clearly visible position, showing the registration number of the All Terrain Vehicle in the form and manner prescribed in the regulations of the ministry.

2. Further to section 10, every All Terrain Vehicle, shall bear a recognized ATV club membership registration number, in the form and manner prescribed by the recognized ATV club policies and guidelines.  

Exemptions

1.In cases of emergency, parades and other special events, the Corporation may authorize or permit the use of All Terrain Vehicles on specific highways during specific times.

2.The regulations prescribed in this by-law does not apply to an All Terrain Vehicle operated by a police officer, constable, conservation officer or peace officer while on duty or any other employee as defined at section 25, Part IV, of the Ontario Regulation 316/03 made under the Highway Traffic Act.

 By-Law Repealed

That By-law No. 2004-33 is hereby repealed.        

That this by-law shall come into force and take effect on the day of its final passing.

Read, done and passed in open council, this 14th day of November, 2005.

Richard Lalonde, Mayor                                                                          

Daniel Gatien, Clerk 

Designated Highways as Organized ATV Trails
HighwayBetween
Division Rd (Closed Road)   Starting at the closed road portion of Division RD.(South) to the intersection of Maisonneuve Road
Maisonneuve Road   Division Rd (closed road) and Du Lac Rd
Du Lac Road Maisonneuve Road to Lalonde Road
Lalonde Road Du Lac Road and Intersection of Pilon Road (Closed road) 
Pilon Rd (Closed Road) Lalonde Road to Pilon Road  
Boileau Road (Closed Road) Lalonde Road to Russell Road
Boileau Road Russell Road to Larose Forest
Clarence-Cambridge Rd. Concession 6 and Concession 11 (2007-21) 
Concession 4 (Closed Road) County Rd. 8 and Concession 25 (2007-21)
Concession 7 (Closed Road) St-Felix Rd and Clarence-Cambridge Rd (2007-21)
Concession 8(Closed Road) St-Felix Rd and Clarence-Cambridge Rd (2007-21)
Concession 9 (Closed Road) St-Felix Rd and Clarence-Cambridge Rd (2007-21)
Concession 10 (Closed Road) St-Felix Rd and Clarence-Cambridge Rd (2007-21)
Concession 11 (Closed Road) St-Felix Rd and Clarence-Cambridge Rd (2007-21) 
Lalonde Rd. Du Lac Rd. (Closed Road) and Boudreau Rd (2007-127) 
Ettyville Rd.   Boileau Rd and Robillard Rd (2007-127) 
Drouin Rd.  Russel Rd and Larose Forest (2018-159) 

Designated Quiet Zone
HighwayBetween
Division Rd (Closed Road)      50 meters before and after 3355 St-Pascal Road  
Maisonneuve Road   3360 Maisonneuve Road to 3169 Maisonneuve Road  
Du Lac Road    2646 Du Lac Road to 2787 Du Lac Road   
Boileau Road   

3858 Boileau Road to 4037 Boileau Road and 4300 Boileau Road to 4515 Boileau Road

 Building fortification - 2002-88

A by-law of the city of Clarence-Rockland to regulate the fortification of and protective elements applied to “land” and to prohibit the excessive fortification of land or excessive protective elements being applied to land;

Whereas pursuant to section 217 of the Municipal act, the council of a municipality may pass a by-law to regulate the fortification of and protective elements applied to “land” and to prohibit the excessive fortification of land or excessive protective elements being applied to land;

And whereas the municipal council deems it desirable to pass a by-law on this subject;

Therefore the council of the city of Clarence-Rockland, pursuant to section 217 of the Municipal act, r.s.o. 1990, chapter m.45 enacts as follows:

1. Definition: “land” means land, including buildings, mobile homes, mobile buildings, mobile structures, outbuildings, fences, erections, physical barriers and any other structure on the land or on or in any structure on the land;

2. Subject to section 3, it is prohibited to add to any land, the following fortification or protective elements:

a)  A watch-tower;

b) A window made of plate-glass or any other bullet-proof material;

c)  An armoured, tempered steel or specially-reinforced door;

d)  A wall or partition reinforced with metal plates or concrete blocks;

e)  An enclosure or rampart made up of metal plates or concrete blocks;

f)   A fence crowned with barbed wire;

g)  One or several bullet-proof shutters, or one or several bullet-proof curtains;

h)  An exterior camera or surveillance system directed towards neighbouring private or public properties;

i)   Wire-netting or metal bars installed on doors and windows (except those for basements or cellars);

j)   All other fortification or excessive protective elements other than fire or alarm systems.

3. The provisions of section 2 do not apply to the following:

a)   Banks;

b)   Financial establishments;

c.   Jewellery stores;

d)   Electrical stations;

e)   Telecommunication stations;

f)    Jails;

g)   Police stations;

h)   Fire stations;

i)    Civil protection stations; and

j)    Other buildings that house executive, legislative and legal functions.

4. Any owner of property, erected or to be erected, who is in contravention of this by- law, must perform remedial work in respect of the property, at the owner’s expense, so as to comply with the provisions of this by-law;

5. all remedial work to be done on the property to correct the contravention must be completed within three months of receipt of the notice from the building inspector.

6. no building permit shall be issued under the building code act if the proposed building, construction or use contravenes this by-law.

7. the chief building inspector of the city of Clarence-Rockland may enter and inspect any property, at any reasonable time, in order to determine if the property is erected in contravention of this by-law.

8. any notice issued by the chief building inspector of the city of Clarence-Rockland shall be in the form of a “work order” setting out:

a) The municipal address or legal description of the property;

b) The specific reasons for the contravention to this by-law and the remedial work to be done, as well as the timeframe within which the work must be completed; and

c) That if the property owner does not complete all remedial work within the timeframe specified, the city of Clarence-Rockland may, at any reasonable time, enter the premises to complete the work or have the work completed, at the expense of the owner.

9. If the land owner does not complete all remedial work within a maximum period of three months, the city of Clarence-Rockland may, at any reasonable time, enter the premises to complete the work or have the work completed, at the expense of the owner.

10.  Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as set out under the authority of the provincial offences act, r.s.o. 1990, chapter p.33, as amended.

Dated and passed in open council, this 10th day of September, 2002.

Jean-Pierre Pierre, Mayor

Daniel Gatien, Clerk

Business Hours of Operation - 2018-41

Being a by-law to provide for certain classes of businesses to close during certain hours of certain days and during certain holidays, and to exempt certain classes of businesses therefrom.

Whereas section 148 of the Municipal Act, 2001, as amended provides that a local municipality may require that retail business establishments be closed to the public at any time;

And whereas section 1.2 (1) of the Retail Business Holidays Act, R.S.O. 1990, provides that the Retail Business Holidays Act does not apply to a municipality and does not apply in respect of any by-law of the municipality or any retail business establishment located in the municipality if there is in effect a by-law passed by the municipality providing that the act does not apply to it;

And whereas section 1.2 (2) of the Retail Business Holidays Act, R.S.O. 1990, provides that a by-law passed under section 1.2 (1) of the Retail Business Holidays Act does not take effect until the municipality passes a by-law under section 148 of the Municipal Act, 2001 requiring that one or more classes of retail business establishments be closed on a holiday;

And whereas the council of the Corporation of Clarence-Rockland deems it expedient to adopt a by-law to regulate and govern the closing hours and the opening hours on statutory holidays of certain retail business establishment;  

Now therefore the council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions

  1. In this by-law:

(a) “Closed” means not open for the serving of any customer;

(b)  “Corporation” means the Corporation of the City of Clarence-Rockland;

(c)  “Council” means the council of the Corporation of the City of Clarence-Rockland;

(d)  “Holiday” means (a) New Year’s Day, (b) Family Day (c) Good Friday, (d) Victoria Day, (e) Canada Day, (f) Labour Day, (g) Thanksgiving Day, (h) Christmas Day, (i) Easter Sunday, and (j) any other public holiday declared by proclamation of the Lieutenant Governor of the Province of Ontario to be a holiday as defined in the Retail Business Holiday Act;

(e)  “Owner” means any person, persons or corporation who owns or manages a retail business establishment;

(f)   “Person” means an individual, a partnership, a body corporate and any association, and the heirs, executors, administrators, successors and assigns or other legal representatives thereof to whom the context means a human being;

(g)  “Retail business” means the selling or offering for sale goods or services by retail;

(h)  “Retail business establishment” means the premise where goods and services are sold or offered for sale by retail;

(i)   “Shop” means a premise with less than 2,400 sq. feet where goods and services are sold or offered for sale by retail.

Retail Business Holiday Act Does Not Apply

  1. The Retail Business Holiday Act does not apply to the City of Clarence-Rockland;
  2. All retail business establishments in the City of Clarence-Rockland may remain open on a holiday unless prohibited to do so under this by-law.
  3. every retail business establishment within the city shall, during the whole of each year, be closed and remain closed on:

Retail Business Hours

4-  Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of every week during the hours of ten (10) o’clock in the afternoon and seven (7) o’clock in the forenoon of the following day unless otherwise permitted herein; and

a)  Sunday of every week during the hours of nine (9) o’clock in the afternoon and seven (7) o’clock in the forenoon of the following business day as permitted by statute unless otherwise permitted herein.

b) every retail business establishment owner shall ensure that the retail business establishment be closed and remain closed in accordance with the provisions of this by-law.

5) Every retail business establishment within the city shall remain closed on :

Holidays

6.Every retail business establishment within the city shall remain closed on :

a)       New Years’ Day

b)       Good Friday

c)       Easter Sunday

d)       Canada Day

e)       Labour Day

f)        Thanksgiving Day

g)       Christmas Day

Prohibition

7. No person carrying on a retail business establishment shall:

a)       allow any customer to enter the retail business establishment after the appointed closing hour to make a purchase by retail;

b)       allow any customer to enter the retail business establishment on Christmas Day to make a purchase by retail;

8. No person employed by or acting on behalf of a person carrying on a retail business in a retail business establishment shall engage in any prohibited activity listed in section 7.

9. Nothing in this by-law renders unlawful the continuance in a retail business after the appointed hour for closing thereof to any customers who were in the retail business establishment          immediately before that hour or the serving of such customers during their continuance therein.

Extended Hours

10. Notwithstanding the provisions of section 4 of this by-law, all classes of retail business establishments may open at seven (7) o’clock in the forenoon and close at eleven (11) o’clock in the afternoon commencing on the 1st day of december and terminating on the 31st day of december of each year unless otherwise permitted herein:

a)        all classes of retail business establishment may exercise the right to open at six (6) o’clock in the forenoon and close at eleven (11) o’clock in the afternoon the last friday of november of each year;

b)        all classes of retail business establishment may exercise the right to open at six (6) o’clock in the forenoon on the 26th day of december of each year.

Exemptions/Exceptions

11. The following classes of business are exempt from any provisions of this by-law:

a)  shops under 2,400 square feet and with three or fewer employees where the only goods available for sale on the holiday are in one or more of the following categories:

  • foodstuffs,
  • tobacco or articles required for use of tobacco;
  • antiques;
  • handicrafts;
  • books

b) gasoline and motor oil service stations;

c)  nurseries

d)  flower shops

e)  gardening centres

f)   confectionery shops;

g)  shops for retail sale of only fresh fruits and fresh vegetables or either of them;

h)  shops for the retail sale of dairy products;

i)   video rental shops;

j)  pharmacies accredited under the Drug and Pharmacies Regulation Act, provided that the principal business of the retail business establishment is the sale of goods of a pharmaceutical or therapeutic nature or for hygienic or cosmetic purpose.

Daylight Savings

12. For the purposes of this by-law, so long as the time commonly observed in the city is one hour in advance of standard time, the times mentioned in this by-law shall be considered in accordance with the time so commonly observed and not standard time.

Penalties

13. Every person being a shopkeeper who contravenes any provisions of this by-law is guilty of an offence and is subject to the provisions of the Provincial Offences Act, as amended.

Prohibiting Order

14. Any court of competent jurisdiction may, in addition to any other penalty, impose on the person convicted an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed towards the continuation or repetition of the offence.

Severability

15. If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part thereof shall not be construed as having persuaded or influenced council to pass the remainder of this by-law and it is hereby declared that the remainder of this by-law shall be valid and shall remain in force.

By-law Repealed

16. By-law number 2007-123 and amendments hereto are hereby repealed.

17. This by-law shall take force on the day it is adopted by council.

Read and passed in open council on this 17th day of April 2018.

Guy Desjardins, Mayor                               

Monique Ouellet, Clerk

 Business License - 2019-20 *

Being a by-law of the Corporation of the City of Clarence-Rockland to provide for licensing, regulating and governing trades, callings, businesses or occupations. 

Whereas under the provisions of the Municipal Act, S.O. 2001, Chapter 25, Section 150(1), a local municipality may license, regulate and govern any business wholly and partly carried in within the municipality even if the business is being carried on from a location outside the municipality;

And whereas without limiting the powers of section 150 of the Municipal Act S.O. 2001, Chapter 25, to license, regulate and govern a business includes the power,

(a)   to prohibit the carrying on of or engaging in business without a license;

(b)   to fix the expiry date for a license;

(c)   to impose conditions as a requirement of obtaining, continuing to hold or renewing a license, including conditions;

(d)   requiring the payment of license fees;

(e)   restricting the hours of operation of the business; and

(f)    to regulate or govern the equipment, vehicles and other personal property used or kept for hire in connection with the carrying on or engaging in the business.

Now therefore the Council of the City of Clarence-Rockland enacts as follows: 

Definitions

1.      For the purposes of this By-Law:

Amusement Services

Means a business where the renting or temporary use of equipment, items or other equipment designated for the entertainment of the public is provided.  

Applicant

Means a person applying for a licence under this By-Law.

Auctioneer

Means a person selling, renting or putting up for sale, goods, wares, merchandise or effects or livestock by public auction.

Automotive Services

Means a business that offers automobile services, including a automobile body shop, automobile sales garage, automobile gas bar, automobile service station, automobile storage, automobile wrecking yard and car washes whether automatic or not.

Building Department

Means the Chief Building Inspector or any of his subordinates appointed by Council of the Corporation.

Business 

Means a trade, business or occupation and includes the sale or hire of goods or services on an intermittent or one-time basis, the showing for the purpose of sale or hire of samples, patterns or specimens of any goods and shall include exhibitions held for hire and gain, theatres, music halls, bowling alleys, movie pictures shows but does not include;

  • a manufacturing activity and/or industry, except the extent that the products or raw material is sold by retail.
  • the selling of goods by wholesale; or
  • the generation, exploitation, harvesting, processing, renewal or transportation of natural recourses;

City Clerk

Means the Clerk or any of his subordinates appointed by the Council of the Corporation.

Corporation 

Means the Council of the Corporation of the City of Clarence-Rockland.

Council 

Means the Council of the Corporation of the City of Clarence-Rockland.

Entertainment Services 

Means a business that provides or offers leisure activities in which the customer or customer acts as an observer and does not actively participate.

Finance Department 

Means the Finance Director, the Treasurer or any of his subordinates appointed by the Council of the Corporation.

Fire Department 

Means the Fire Chief or any of his subordinates appointed by the Council of the Corporation.

Food/Beverage Service 

Means a business that offers food or beverages intended for human consumption. 

Highway Traffic Act

Means the Highway Traffic Act, R.S.O. 1990, Chapter H.8, and amendments thereto.

Home occupation 

As defined in the Clarence-Rockland Zoning By-law No.2006-3, as amended.

Itinerant Vendor 

Means a person who goes from place to place or to a particular place with goods for sale by retail, or who carries and displays samples, patterns or specimens of any goods for the purpose of sale or hire that are delivered in the City afterwards, but does not include a person who sells to wholesale or retail dealers in similar goods.

Licence

Means a licence issued under this By-Law by the Corporation of the City of Clarence-Rockland.

Licensed 

Means a licence issued under the provisions of this By-Law.

Licensed Premises 

Means the premises where the licensee carries on his/her licensed business.

Licensee 

Means a person or corporation to whom a licence has been issued for under this By-Law.

Medical Officer of Health 

Means the Chief Medical Officer of Health or his/her appointee.

Mobile Sales/Services 

Means a business which does not operate from a permanent location but goes from place to place to sale or provides services to customers.  

Motor Vehicle

Means an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in the Highway Traffic Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car, or other motor vehicle running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement or husbandry or road-building machine.

Municipal Law Enforcement Officer 

Means a Peace Officer for the purpose of enforcing Municipal By-laws for the Corporation of the City of Clarence-Rockland.

Person 

Means an individual, a partnership, a body corporate and any association, and the heirs, executors, administrators, successors and assigns or other legal representatives thereof to whom the context means a human being of the male or female gender.

Planning Department 

Means the Municipal Planner or any of his subordinates appointed by Council of the Corporation.

Police Officer 

Means the Chief of police as defined in the Police Services Act R.S.O. 1990, Chapter P.10.

Recreational Services 

Means a business that provides or offers sport or leisure activities in which the customer actively participates.  

Seasonal 

Means a business that operates less than 6 consecutive months during a specific time of the year.

Seasonal Produce Vendor 

Means a business that operates less than 6 consecutive months during a specific time of the year and sells locally grown produce.

Temporary Sales 

Means a business, who on a temporary basis sells, or offers for sale, goods, wares, merchandise, items or service at an indoor or outdoor location or premises.

Trades/Contractors  

means a person who makes an agreement with another to do a piece of work, retaining in himself control of the means, method and manner of producing the result to be accomplished.   

Transient Trader 

Means a business, who on a temporary basis, sells or offers for sale, goods, wares, merchandise, items or service at an indoor or outdoor location or premises.

Transient Trader - Special Event 

Means a business event organised by a sponsoring organization(s) within the City, where one or more transient traders are engaged in business activity, who on a temporary basis, sells or offers for sale, goods, wares, merchandise, items or service at an indoor or outdoor location or premises.

Vehicle 

Means a motor vehicle, trailer, traction engine, farm tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car.

Interpretation 

2.      No person shall operate within the City of Clarence-Rockland any business as defined in this By-law without first obtaining a licence from the Corporation authorizing him/her to operate a business.

Applications Processing and Issuance

3.      Every person who requires a licence under the provisions of this By-Law for any business shall:

a)      file an application in writing by completing a prescribed form available at the Client Service Center;

b)     provide as required by the Finance Department any documents, permits or permissions pertaining to the operation of the said business;

c)      pay the annual licence fee as established in the current User Fee By-law, as amended from time to time.

4.      The annual licence fee referred to in Section 3.c) shall not be reduced or pro-rated.

5.      The issuance of the licence under this By-law may be subject to the written approval of all or any of the following, as per Schedule ‘B’ hereto attached and forming part of this By-law:

a)      the Planning Department,

b)     the Building Department,

c)      the Fire Department,

d)     the Medical Health unit and

e)      the Municipal Law Enforcement Department.

6.      If an applicant fails to provide the Finance Department with any written approval, pursuant to Section 5. of this By-law, the application will not be processed.

7.      No person shall be deemed to have been issued a business licence until the Finance Department has signed and issued the licence. The application for a business licence does not constitute a licence.

8.      The Finance Department shall upon receipt of the written approval(s), make or cause to be made any investigations considered necessary or which are required by law or by the Corporation relative to the application. 

a)     A fire prevention inspection may be required for certain class of businesses and subject to inspection fees as provided for under the current User Fee By-law, as amended from time to time.

Payment and Default 

9.      The Business Renewal License fees shall be billed on an annual basis per the current User Fee By-law, as amended from time to time.

10.    A notice of arrears shall be delivered by regular mail fifteen (15) days after the due date of the Business Renewal License and the late fee set out in the current User Fee By-law, as amended from time to time shall be payable.

11     In the event of a licensee not renewing the license on or before the 30th days after the due date after its expiration, the licensee ceases to be a licensee.

Refusal - Suspension - Revocation of Licence

12.    If the investigation referred to in Section 8. of this By-law discloses any reason that the carrying on of the said business may result in a breach of the law or of any provisions of any By-laws of the Corporation the Finance Department may refuse to issue the licence and shall notify the applicant of his refusal in writing.

13.    The Council may, by resolution;

a)      refuse to grant a licence;

b)     revoke or suspend a licence;

c)      impose special conditions on a business in a class that have not been imposed on all business in that class as a requirement of obtaining or continuing to hold or renewing a licence; an

d)     imposing conditions, including special conditions, as a requirement of continuing to hold a licence at any time during the licence upon the ground that the conduct of a person or in the case of a business corporation, the conduct of its officers, directors, employees or agents affords reasonable grounds for the belief that the person will not carry on or operate the business in accordance with the law or with honesty and integrity.

14.    No person shall enjoy vested right in the continuance of a licence and upon the issue, renewal, cancellation or suspension thereof, the value of the licence shall be the property of the Corporation of the City of Clarence-Rockland.

15.    The granting of a licence under the provisions of this By-law shall be dependent upon the licensee indemnifying and saving harmless the Corporation and the employees, contractors and agents of the Corporation from all loss, damage, legal action, costs and expenses of every nature and kind arising from or in consequence the carrying on of the said business, for which the licence was issued.

Expiry of Licence 

16.    The licences for every business shall, unless they are expressed to be for a shorter or longer time, be for one year and unless they are sooner forfeited or revoked shall in each case, expire in each year on the date established in the current User Fee By-law, as amended from time to time.

Renewal of Licence 

17.    The Finance Department may renew an existing licence if the licensee:

a)      produces his/her licence on or before the expiry date; or

b)     complies with all required approval as provided for under this By-law; or

c)      pays the applicable licence fees as established in the current User Fee By-law, as amended from time to time; or

d)     pays the prescribed fire prevention inspection fee as established in the current User Fee By-law, as amended from time to time.

Refusal to Renew a Licence 

18.    A licence shall not be renewed by the Finance Department until it has been determined that the licensee has not complied with:

a)      the regulations under the jurisdiction of the Medical Officer of Health Unit; 

b)     any other laws or by-laws of the Corporation; or

c)      the applicable licence fee as established in the current User Fee By-law, as amended from time to time.

19. a) If the Finance Department refuses to renew the licence, the licensee shall receive notice of refusal in writing, said notice to be served personally upon or sent by prepaid registered mail to the licensee.

b)     If the licensee is not satisfied with the terms of the notice referred to in Section 14 of this By-Law, he/she may appeal to the City Clerk within thirty (30) days after service of the notice of refusal.

20.    Every person who a licence has been issued to under this By-Law shall;

a)      where the licence applies to a premises, keep his/her licence posted up in a conspicuous place on the premises in respect to which the licence is issued;

b)     where the licence does not apply to a premises, shall keep on his/her person the licence issued; and

c)      where the licence applies to a vehicle, shall keep on the person driving such particular vehicle the individual licence issued with respect to said vehicle, and where plates are issued with respect to such individual licence, the plates shall be securely fixed to the back of the vehicle.

Transfer of Licence 

21.    No licence shall be transferred except with the consent in writing of the Finance Department.

a)      No licence shall be transferred pursuant to Section 18 of this By-Law without first paying the transfer of ownership fee as established in the current User Fee By-law, as amended from time to time.

b)     No person owning or operating a licensed premises under this By-Law shall move from one location to another within the City of Clarence-Rockland without first paying the application fee as established in the current User Fee By-law, as amended from time to time and fulfilling the requirements for a licence application as set out in this By-Law.

c)      No person owning or operating a vehicle licensed under this By-Law shall transfer the licence from one vehicle to another without first paying the plate transfer fee as established in the current User Fee By-law, as amended from time to time and fulfilling the requirements for a vehicle licence application as set out in the applicable schedule of this By-Law.

d)     No licence certificate or licence plate shall be replaced without first paying the replacement fee as established in the current User Fee By-law, as amended from time to time.

22.    No person licensed under this By-Law shall refuse to permit a guide dog, while serving as a guide or leader for a blind person, to enter and remain upon his/her premises or in his/her vehicle during the carrying on of the business in respect of which the licence is granted.

Inspections 

23.    A Municipal Law Enforcement Officer may:

a)      at all reasonable times, inspect the building, place or premises that is used for a business for which a person is licensed or is required to be licensed;

24.    Every person who obtains a licence under this By-Law shall produce the licence when requested to do so by a Municipal Law Enforcement Officer or a Police Officer.

Administration and Enforcement 

25.    Nothing in this By-law shall exempt any person from complying with the requirements of any other By-law or regulation or any other law in force within the area affected by this By-law.  It is the responsibility of the licensee and the owner to ensure that the business complies with all legislation and regulation pertaining to the conduct of the business.

26.    The provisions of this By-law shall be administered by the Finance Department and enforced by the Municipal Law Enforcement Officer.

27.    No person who is licensed or required to be licensed, shall hinder or obstruct the Municipal Law Enforcement Officer during inspections referred to in this By-law or cause the inspections to be hindered or obstructed.

Exceptions - Special Conditions 

28.    Council may require certain classes of businesses to be regulated separately from this By-law, where it is believed that special condition should be imposed and which are not defined in this By-law. The classes of businesses requiring special conditions are defined in Schedule “A” of this By-law.  

Penalties

29.    Each day that a person operates a business in contravention of the provisions of this By-law shall constitute a separate offence.

30.    Any person who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offenses Act, 1990, R.S.O., Chapter P. 33. and amendments thereto.

Order Prohibiting

31.    When a person has been convicted of an offence under the provisions of this By-law, any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act by person convicted directed towards the continuation or repetition of the offence.

Severability

32.    It is declared that if any section or subsection or part or parts thereof be declared by any competent Court of Law to be illegal shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

By-Law in Force

33.    This By-law shall come into force and take effect as of the date of its adoption.

Schedule Adopted 

34.    The schedules referred to in this By-law shall form part of this By-law and be read in conjunction with the entry across therefrom, and not otherwise.

Former By-Laws Repealed 

35.    That By-law No.2018-135 regulating and licensing of businesses in the City of Clarence-Rockland and any amendments are hereby repealed.

 

Enacted and passed in open Council this 20th day of February, 2019. 

Guy Desjardins, Mayor

Monique Ouellet, Clerk   

                                  

 

 Chip Wagon - 2017-84

Being a by-law to provide for the licensing, regulating, and governing chip wagons in the City of Clarence-Rockland

Whereas the Municipal Act, 2001, C.25, S 151 states that a municipality may provide for a system of licenses with respect to a business, and may 151(b) refuse to grant a license, and 151(c) may impose conditions as a requirement of obtaining, continuing to hold, or renewing a license;

And whereas the Council of the Corporation of the City of Clarence-Rockland chooses to exercise its discretion to license the operation of “Chip Wagons” within the City of Clarence-Rockland;

Now therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions:

In this by-law:

“By-Law Enforcement Officer” shall mean a person duly appointed by the Corporation of the City of Clarence-Rockland for the purpose of enforcing or carrying out the provisions of Municipal by-laws or his designate

“Chip Wagon” shall mean a vehicle from which food, refreshments or confections are sold, either temporarily mounted on blocks or supported by a conventional wheel, tire or axle system.

“Corner Sight Triangle” means the portion of a corner lot within the triangular area formed by measuring 6 metres in each direction from the point where two property lines intersect at the street lot line corner;

“Driveway” means a vehicle access provided between a street and a parking area/space or a loading space;

“Driveway sight triangle” means the triangular area formed by measuring 4.5 metres down the driveway and 4.5 metres down the side lot line abutting a street.

“Highway” or “Street” shall include a common and public highway, street, avenue, boulevard, crescent, cul-de-sac, court, parkway,  driveway, square, place, shoulder, bridge, viaduct, or trestle, or the like, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

“Municipality” shall mean the Corporation of the City of Clarence-Rockland

“Owner” shall mean the owner or operator of the Chip Wagon

“Road Allowance” shall mean all allowances for roads, except insofar as they have been stopped up according to law, made by the Crown surveyors, all highways laid out or established under the authority of any statute, all roads on which public money has been expended for opening them or on which statute labour has been usually performed, all roads dedicated by the owner of the land to the public use and all alternations and deviations of all bridges over any such allowances for highway or road.

“Shoulder” means the un-travelled portion running along either side of a highway.

“Site Plan” means a drawing of a site which includes all the applicable measurements of the Chip Wagon and the surrounding area within 100 metres of the site and on which all buildings and structures, streets, and services are indicated.

2. License Required

2.1 No person shall, within the limits of the City of Clarence-Rockland, sell refreshments from a Chip Wagon without first having obtained a license for that purpose.

2.2 No person shall operate a Chip Wagon and fail to display the license in a conspicuous place clearly visible to the public at all times when the Chip Wagon is in operation.

2.3 No person shall operate a Chip Wagon that is not in compliance with the approved site plan drawing.

3. Limitations and Restrictions

3.1 Chip Wagons are not permitted in the following areas, as defined in the Official Plan of the United Counties of Prescott and Russell:

i)    Community Policy Area of Clarence Point;

ii)   Agricultural Resource Policy Area, and

iii) Mineral Aggregate Resource Policy Area (quarries and pits)

3.2  No Chip Wagon will be permitted to locate within 150 metres of an existing establishment offering the same or similar service or another Chip Wagon.

3.3 No Chip Wagon will be permitted to locate on a property adjacent to Laurier Street in Rockland, between Simoneau Street and Laporte Street.

3.4 No Chip Wagon shall be located:

i)  on any highway or street, road allowance or shoulder;

ii) within a “corner sight triangle” or a “driveway sight triangle”

3.5 Prior to beginning operation of a Chip Wagon on land which abuts a highway under the jurisdiction of the Province of Ontario, or is within the distance of a highway which is regulated by the Province of Ontario through the Ministry of Transportation, the licensee shall file with the Clerk written confirmation of acceptance of the intended location from the Ministry.

3.6 Notwithstanding Section 2 and 3.2 of this by-law, a Chip Wagon that is to be erected for a period of less than 4 days and used in conjunction with a special event is not subject to the requirements of this by-law.

4. General Requirements

4.1 A Chip Wagon may only operate from a commercially zoned property, and must comply with the setback requirements for the zone.

4.2 The owner of a Chip Wagon shall provide on-site parking spaces in accordance with the zoning by-law requirements.

4.3 The owner of the Chip Wagon shall provide adequate trash receptacles at the site on which the Chip Wagon is located and shall maintain the site in a clean and sanitary condition at all times.

4.5 The owner of a Chip Wagon shall ensure that washroom facilities are available for patrons and staff.

5. Application for a Licence

5.1 Every application for a License to operate a Chip Wagon shall be made on the standard application form, attached as Schedule “A” to this by-law, and shall include the required fee, as listed on Schedule “B” to this by-law. Both Schedules being attached to and forming part of this by-law.

5.1.1 Acceptance of the license fee does not constitute approval of the application or obliges the Municipality to issue a license.

5.1.2 Every fee paid under 5.1 is refundable if the license applied for is not granted

5.2 Every application submitted will be accompanied by a site plan drawing. No license shall be granted until the site plan has been approved by the Municipality. The site plan is to be drawn to scale, and shall include:

i)    proposed location of unit on the property, including set back from property line and road allowance;

ii)   the location and number of proposed parking spaces;

iii) proposed access to the property from the highway;

iv) location of trash receptacles; and

vi) washroom facilities.

Depending on the specifics with respect to the location, additional information may be required on the site plan.

5.2.1 Before a license under this by-law is issued by the City of Clarence-Rockland, the owner shall meet with a Planner to review the intended site.

5.3 The application is to include information on:

i)    fuel source;

ii)   water supply and disposal, including grey water;

iii) grease disposal methods; and

iv) waste disposal arrangements.

5.4  The applicant shall include with his/her application:

(i) A certificate from the Eastern Ontario Health Unit confirming that the Chip Wagon has passed a sanitary inspection  under  the  “Ontario  Regulation  562  –  Food Premises R.R.O. 1990”, or its successor, valid for the year in which the permit is to be issued.

(ii) If a propane or gas fired system is to be used, an inspection certificate by a Technical Standards & Safety Authority certified gas technician as required under the “Technical Standards and Safety Act” or its successor, valid for the year in which the permit is to be issued.

(iii) A written statement from the applicable Fire Chief or his designate stating that the unit complies with the Ontario Fire Code, valid for the year in which the permit is to be issued.

(iv) Proof that the owner has obtained a minimum of one million dollars ($1,000,000.00) liability insurance for the operation of the Chip Wagon, valid for the year in which the permit is to be issued.

(v) If the Chip Wagon is located on land not owned by the Chip Wagon owner, a letter from the owner of the property on which the Chip Wagon will be situated, authorizing the applicant to conduct such business from the property, valid for the year in which the permit is to be issued.

General Provisions

6. The granting of a license under this by-law does not constitute permission for the licensee to operate in contravention of any by-law or statutory requirements.

7. For the purpose of enforcement of the provisions of this by-law, the by-law officer may enter upon land and into buildings at any reasonable time without a warrant.

8. Any license granted hereunder may be revoked at the discretion of the Council of the City of Clarence-Rockland if the provisions and policies contained herein are not adhered to by the holder of the said license at all times.

9. Every license issued pursuant to this by-law shall be valid until the 31st day of December in the year in which the license was issued, or until the said license is revoked or suspended. No refund of the license fee shall be paid if the license is revoked or suspended.

10. A person to whom a license is granted may apply in writing to the Municipality for permission to have his license transferred to another vehicle or to another owner, and such permission will not be unreasonably withheld. In order to transfer a license, the current license is to be surrendered to the Municipality and a transfer fee paid as listed on Schedule “B”.

11.   Offence

11.1      Any person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, 1990, R.S.O., Chapter P.33, and amendments thereto.

11.2      Each day that a person operates a business in contravention to this By-law shall constitute a separate offence.

11.3      When a person has been convicted of an offence under this By-law, any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed toward the continuation or repetition of the offence.

12.   Headings not part of the by-law

The headings in the body of this by-law are used for convenience or reference only and do not form part of the by-law.

13.   Severability

Should any section or subsection of this by-law or any part or parts thereof be found by law to be illegal or beyond the power of Council to enact, such section or subsection of part or parts thereof shall be deemed to be severable so that the remainder of this by-law is separate and therefore enacted as such.

14.   Repeal

That By-law No. 2007-38 be and is hereby repealed.

15.   Force and Effect

This by-law shall come into force and effect upon the final passing thereof.

Read, passed and adopted in open council this 19th day of june, 2017.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

 

Licence Fees
TypeFee
The annual license fee for a Chip Wagon $500
The daily license fee for a Chip Wagon $50
Fee to transfer license $25

Proposed Set Fines
OffenseSet Fine
Operate a Chip Wagon without obtaining a license $500

Fail to display the license when the Chip Wagon

is in operation
$ 300.00

Operate a Chip Wagon not in compliance

with the approved site drawing
$ 500.00
Fail to provide on-site washroom facility  $ 500.00
Fail to provide adequate garbage receptacles 

$ 500.00

 Civic Addressing - 2005-74

Being a by-law to establish a civic addressing system for buildings and lots within the limits of the city of Clarence-Rockland

Whereas Section 130 of the Municipal Act, S.O. 2001, Chapter c-25, authorizes the Councils of local municipalities to pass by-laws for the purpose related to the health, safety and well-being of the inhabitants of a municipality;

And whereas the numbering of buildings and lots along any highway or any other property in the municipality that is considered necessary to number by the Council, and for affixing numbers to the buildings and for charging the owner or occupant with the expense incident to the numbering of the lot or property;

And whereas the Council of the City of Clarence-Rockland deems it expedient and in the public interest to adopt a civic addressing system to facilitate access to emergency services and other purposes;

Now therefore be it enacted by the Council of the Corporation of the City of Clarence-Rockland as follows:

Definitions

Civic Number

Means a number or a group of numbers which is assigned by the City of Clarence-Rockland for the purpose of identifying a property or a building.   

Hamlet Area

Means the hamlet areas as defined in the City of Clarence- Rockland Zoning By-law, as amended.

Highway

Includes a common and public highway, street, avenue, parkway, driveway, square, place bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof.

Owner

Means the registered owner of the land and includes a lessee, mortgagee in possession and the person in charge of the property or building.

Property

Means a property containing a residence (permanent, seasonal or otherwise), as well as any commercial, industrial, recreational, religious and educational property which has the facilities on site from which to report an emergency and/or to which there is a reasonable expectation that emergency vehicles could be dispatched, including properties with facilities under construction.

Rural Area

Means all the areas outside the limits of the urban area and the hamlet areas as defined in the City of Clarence-Rockland Zoning By-law, as amended. 

Urban Area

Means the urban area as defined in the City of Clarence-Rockland Zoning By-law, as amended.

General regulation:

1. Every owner of a property containing a residence (permanent, seasonal or otherwise), as well as any commercial, industrial, recreational, religious and educational property which has the facilities on site from which to report an emergency and/or to which there is a reasonable expectation that emergency vehicles could be dispatched, including properties with facilities under construction shall be required to clearly post or display a municipal civic number and be clearly visible from the traveled portion of the highway. 

2.Every owner of a  mobile park or a private community containing (2) or more residence (permanent, seasonal or otherwise), which has the facilities on site from  which to report an emergency and/or to which there is a reasonable expectation that emergency vehicles could be dispatched, including properties with facilities under construction shall be required to establish an identification number system  or number plate displaying the unit or lot designated number which is clearly posted or displayed and clearly visible from the private road.    

3. The City of Clarence-Rockland, for each property in the Municipality, shall establish an identification number or number plate displaying the property’s designated number in accordance with the following design:

3.1 The civic number erected shall be as assigned by the Planning Department of the City of Clarence-Rockland when a building permit is issued for a new building.

3.2       All numbers shall be a minimum of 4 inches in height;

3.3       Civic numbers shall read horizontally;

3.4       The civic numbers shall be displayed in numeral form only;

3.5       Where there are two dwelling units or more with separate outside entrances at a single address number, the number and the letter representing the unit portion at a civic address shall be displayed next to the exterior door which provides access to such unit and be clearly visible from the traveled portion of the highway.

3.6       Where the main building is located at a greater distance then 15 m (50 ft) from the “front lot line” or in the case of a corner lot where the main building fronts onto the exterior side yard the “exterior side lot line” a separate post is required for the number plate, in accordance with the following provisions:

3.6.1    The number plate must be of a reflective material in white or silver, in sharp contrast to a reflective blue background upon which it is affixed, and affixed to both sides of the number plate;

3.6.2    The number plate shall be erected perpendicular to the highway;

3.6.3    The number plate shall be erected not less than 1.2 m (4 ft.) above grade or in a manner approved by the Building Department of the City of Clarence-Rockland; and

3.6.4    The post shall be located 1 m (3ft) from the property line and 2 m (6ft) from the laneway or driveway that serves as the principal access to the property facing the street which a civic number has been assigned or in a location approved by the Building Department of the City of Clarence-Rockland.  The post shall be located in a fashion to ensure that there will be clear visibility of  the number plate from the traveled portion of the highway to allow  the reflection of low beam vehicle headlights.

3.7       Where the main building is located at a lesser distance then 15 m (50ft) of the “front lot line” or in the case of a corner lot where the main building fronts onto the exterior side yard the “exterior side lot”, the number plate or number shall be fastened to such building in the following fashion:

3.7.1    The civic number shall be displayed on the right-hand side of the door at a height not less than 1.2 m (4ft) and not greater than 1.8 m (6ft) above the door threshold.  

3.7.2    Where the door does not face the road to which the civic address applies, the civic number shall be displayed on the right-hand side of the wall facing the traveled road at 1.5 m  to 2.1 m (5 to 7 ft) above grade.

3.7.3    Where a new or replacement identification number is to be erected, it must be of a reflective material in white or silver, and be on sharp contrast to a dark background, preferably a reflective number plate, upon which it is affixed. 

3.7.4 The civic number shall not be displayed on the door. 

3.7.5    Where the provisions of sections 3.7.1 to 3.7.2 are not practical due to the physical aspect of the building or not clearly visible, the Building Department of the City of Clarence-Rockland may approve a different location for a number plate, so that they shall be clearly visible from the traveled portion of the highway.

3.7.6    Notwithstanding the foregoing, the owners of existing building with accurately posted civic address number which is clearly visible from the traveled portion of the highway will not be required to replace such numbers plate in order to comply with this By-law.

3.7.7    A general Civic Addressing Policy is provided in this by-law referred to under schedule “A” which forms part of this by-law.

3.7.8    Once a building permit is issued pursuant to the Ontario Building Code Act and when a performance fund is  deposited to the City pursuant to the Building by-law as amended, no refund shall be returned until after the civic     number, as regulated, is installed and after the final inspection is completed.   

Rural area

4.1       Every property located in a rural area shall be required to have a separate post for the number plate, in accordance with the provision of section 3.6.1 to 3.6.4 of this By-law.

Maintenance

5.1       Every owner of properties affected by provisions of this By-law shall keep and  maintain in good condition their identification numbers or number plates, as the case may be.

5.2       Every owner or occupant shall ensure that the property identification sign is kept visible at all times and unobstructed by vegetation, structures, snow accumulation or any other screening.

Prohibition

6.1       No person shall relocate a property identification sign post without prior  authorization by the City of Clarence-Rockland, or remove a property identification plate or number once posted, except for immediate repair by the owner or the City.

Replacement

7.1       Where an identification plate or number is missing or illegible, the property owner shall repair or replace the number plate or numbers immediately in accordance with the provisions of this By-law.

7.2       If the property does not have an identification number posted in accordance with the provisions of this By-law, the City of Clarence-Rockland may give the property owner written notification that the number plate or numbers are missing, illegible or otherwise not in compliance with this By-law and that the owner is required to rectify within 60 days of the mailing of notice;

7.3       If after 60 days of the mailing of notice the situation is not rectified in compliance with this By-law, the City of Clarence-Rockland may make any installations or repairs that it deems appropriate.

Liability

8.1       The City of Clarence-Rockland shall not be liable for any loss, cost or expense which the owners of land may incur as a result of a property identification sign or number plate being damaged, missing, obstructed or illegible.

Cost and supplier

9.1       That the Treasurer be authorized to apply any uncollected costs associated with the provision of an identification number, number plate and/or the installation of a number plate and post to the corresponding property listing in the current tax roll for collection at the discretion of the Treasurer.

9.2       That for the purposes of section 3.1 and 4.1 of this By-law, the City of Clarence-Rockland shall maintain a supplier for replacement identification plates and posts, and the owners of property shall obtain from the Municipality the appropriate numbered identification plates and posts at a price set by the Municipality.

Records of roads and civic addresses

10.1     For the purposes of civic addressing and public safety, the City shall keep a record of civic addresses assigned and of the status of municipal roads.

Penalties

11.1     Any person who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, 1990, R.S.O., Chapter P. 33. and amendments thereto.

Severability

12.1     It is declared that if any section or subsection or part or parts thereof be declared by any competent Court of Law to be illegal shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

Repealed

13.1     That By-law 2000-66 which regulates civic addressing number posts is hereby repealed.

By-law to take effect

14.1     This By-law shall be in force and take effect on the day it’s duly passed by the Council of the City of Clarence-Rockland.

Read, passed and adopted by council this 9 day of may 2005.

 

Richard Lalonde, Mayor                                                                    

Daniel Gatien, Clerk

 

Schedule “a”

Civic addressing policy

Purpose

 

1.         This Policy will guide municipal employees, who have been given the responsibility by Council, in assigning property identification number and accepting new road names, in order to maintain a complete and consistent civic addressing system within the Municipality.

2.         This Policy is meant to ensure that the City of Clarence-Rockland system of civic addressing is upheld in order that a County-wide 9-1-1 system can operate and so that a coordinated addressing system is maintained throughout the United Counties of Prescott and Russell.  An absolute requirement is that there be no duplication of an address (street name plus property identification number within the boundaries of the municipality.)

3.   This Policy will ensure that suitable records are kept and appropriate agencies are notified regarding new addresses, etc.

4.   This policy will established who will be responsible for the installation, reparation and replacement of the civic address post.

Civic numbering principles

Corner lots

1.   Corner lots shall be allocated a number on the road which provides the main access to the property.

Coordination with Existing Numbering in Built Up Areas

1.   Established numbering/addressing systems within built-up areas will remain and be utilized, so long as they have sequential numbering with odd and even numbers on opposite sides of the street and they can be worked into the surrounding pattern of numbers.

Culs-de-Sac

1.   Normally, new culs-de-sac are to be numbered with even numbers on the right and odd numbers on the left beginning at the intersection.  The midpoint of the bulb is used to define the split between odd and even numbers.

Private Roads

1.         The policies described herein shall apply to lots/development on private roads.

Determining new civic numbers

General

1.   Once civic addressing is in place in the Municipality, new property identification numbers usually will be determined using a nearby known address as a reference point.

2.   Where difficulties occur, the Municipality may consult the Counties for assistance in calculating a property identification number.

Checking

1.   Any new property identification number should be checked against the civic addressing maps to ensure that the number falls within the ranges identified at the  nearest intersections of the subject road.

2.   Also, new numbers can be checked against the Municipality’s records of nearby addresses to ensure that the new number is logical.

Issuing new civic numbers

1.   Numbers for existing vacant lots and for new lots created by consent (severance) shall be issued when the owner or contractor submits a request for a building permit.

2.   Numbers for new lots in plans of subdivision should be assigned forthwith after the plan has been registered in the Land Registry Office in order that numbering can be posted during preliminary development.  Civic numbers should be confirmed at the building permit stage.

Ordering and installing property identification signs

Order

1.   Upon the issuance of a building permit for a new dwelling, the Building Department will place an order with the supplier, when a property identification number plate and post is required under the civic addressing by-law.  A blank order form is included with this document.

Fees

1.   The fee to cover the cost of the property identification number plate, post, materials, and the cost of the installation, will be collected and added to the cost of the building permit.

2.   All cost associated to the repair or replacement of the identification post shall be                               at the expense of the owner.

Responsibility for Installation

1.   The Property Owner will carry out the installation of the civic number post.  Property owners will need to follow the prescribed installation plan provided in this policy.  Any repairs or replacement of the civic number post shall be the responsibility of the property owner.

Installation

1.   The property owner will need to mark the appropriate location for the sign post. Proper locates will need to be conducted to assure that no underground utility service is damaged during the installation.

2.   Once the sign hardware is available at municipal garage, the property owner will make         arrangements to have them picked up and installed according to the civic addressing by-      law.

3.   The property owner will ensure that all installation has been carried out in conformity            with the civic numbering by-law.

Guidelines for posting civic numbers

1.         Applies where the main building to which the civic number applies is within 30 feet of the edge of the road surface.

1.1       Where the main building to which the civic number applies is within 30 feet of the edge of the road surface, and is clearly visible from the road, the number shall be placed on the main building.

1.2 The civic number shall be displayed on the right hand side of the door at a height not less than 4 feet and not greater than 6 feet above the door threshold.  The civic number shall not be displayed on the door. Where it  is not physically practical due to the physical aspect of the building or that such location would not clearly display the civic number from the traveled portion of the highway, the Building Dept. may approve a different location for such civic number. 

1.3 Where the door does not face the road or street to which the civic address applies, the civic number shall be displayed on the right-hand side of the wall facing the traveled road at 5 to 7 feet above grade.

1.4       The numbers shall be a minimum of 4 inches in height and shall face towards and be clearly visible from the road or street to which the civic  address applies.

1.5 Civic numbers shall be of white or silver, engineering grade, reflectorized “SM Scotchlite or equivalent” on a blue, engineering grade, reflectorized “SM Scotchlite or equivalent” background.

1.6 Civic numbers shall read horizontally.

1.7       The civic number shall be displayed in numeral form (e.g. 116) and not in written form (e.g. one hundred and sixteen) or roman form (e.g. CXVI).

1.8       Where there are two units or more at a single address, the number or letter representing the unit portion of a civic address shall be displayed next to  the exterior door, which provides access to such a unit.  The civic number  shall be displayed as per 6.1.1.

2.         Applies where the main building is not within 30 feet of the edge of the road                               surface.

2.1       Where the main building is not within 30 feet of the edge of the road surface, the civic number shall be displayed on a post located beside the driveway at the road or street to which the civic address applies.  Not withstanding the foregoing, where a built-up area involves a series of adjacent properties with narrow frontage (up to about 30 m/100 ft average), allowance may be made for sign posts only at the beginning and ending of such built-up area.  Generally, the sign posts in these built-up areas should be installed on properties closest to street intersections and, from there, no further than about 200 m/660 ft.  The intervening properties may then follow Section 6.1 of this guideline, where a reasonable level of safety is maintained (generally if the main building to be signed is within 15 m/50 ft of the road surface and is clearly visible from the road). Reflective signs, as described in Section 6.1.5, must be used in these cases. To assure a consistant form of civic addressing through the rural area, a civic addressing post shall be mandatory notwithstanding the distance of the building to the highway.

2.2       The post shall be placed at a distance approximately 1 metre (3 feet) from the property line and 2 metre (6 feet) from the driveway to the property, with the following clarifications.  The first priority for sign post placement will be clear visibility from the traveled portion of the road to allow reflection by the low beam of vehicle headlights.  Secondly, the post should be as far back as possible from the traveled portion of the road so as to minimize vandalism while maintaining clear visibility.

2.3       The civic number shall be displayed on both sides of the sign blade and shall be erected perpendicular to the street to which the civic address applies so as to be clearly visible from both directions on the traveled portion of the street.  The same standards laid out in Sections 6.1.4, 6.1.5, 6.1.6 and 6.1.7 shall apply.

2.4       The civic number shall be displayed on a post approximately 1.2 m (4 ft) above grade but in no case less than 1.05 m (3 ft) above grade.

3.         (Reserved for other guidelines for property sign installations.)

3.1       The posting of civic numbers in any future development shall comply with these performance standards.  Existing property owners are encouraged to convert their signage to these standards.

3.2       Where the above performance standards cannot be met, the location of the civic number shall be decided upon through consultation with municipal  staff.

3.3       The civic number sign and post shall be maintained by the property owner.

3.4       Planted material shall be maintained, i.e. pruned or spaced, to allow the civic number sign to be seen from vehicles traveling on the road which is used to access the property.

3.5       There shall be no duplication of addresses and each property shall have an address.

New road names

General 

1.   When new road names are assigned or accepted they must not duplicate a name within the Municipality.  Furthermore, since emergency services are dispatched from a variety of locations, including centres outside the United Counties of Prescott and Russell, it is necessary to ensure that there will be no confusion with regard to locating a property.  Therefore, a new name should not be overly difficult to pronounce or sound the same as another road name in the Municipality.

2.   When a development proposal, such as a plan of subdivision, will involve  the dedication of a new road to the Municipality, or where the Municipality intends to open a road allowance or rename an existing road,  the Municipality shall first consult the United Counties of Prescott and Russell.  The Counties will review the road name registry to determine  whether a proposed road name would be in conflict with County-wide Civic Addressing.

3.   If a plan of subdivision is involved, the Municipality will not give its final approval until suitable road names have been determined and the proponent so advised.

4.   If a right of way is being created for a new private road access to development, the municipality will ensure, as a condition of consent that an appropriate road name is assigned prior to the registration of the plan of survey.  A proposed road name will be cleared through the Counties’ registry of road names prior to being accepted by the Municipality.

5.   The Municipality will advise the Counties as to the selected road name so that the registry can be maintained.

Notification of assigned address

1.         Immediately following the assigning of a new or changed address number for a building or a lot, the Director of Planning Department is responsible for making the necessary entries on addressing maps and/or records, and for providing written notice to the applicable agencies and departments which require continuous update of municipal address changes.  These  agencies would include but are not limited to the following:

  • Fire Department        
  • Police Department
  • Ambulance Service
  • Telephone Company
  • Hydro One
  • Bell Canada
  • School Boards
  • Property Assessment Office
  • County
  • Canada Post
  • Other Utilities

2.         Where an assigned address does not fit within the intersection number ranges for the affected section of road, as shown on the addressing maps, the Planning department should confer with the Counties and the need to revise the map or recalculate the address will be determined.

3.   Where a property is addressed with a unit number (see Section 3.1), the Municipality will ensure that any existing property identification sign at the public road is accurate in terms of the new unit number.

Property owner’s responsibilities

City of Clarence-Rockland

1.       Verify that they have received the correct civic addresses by referring to the                     property assessment number on the notification.

2.       Ensure that any property identification post is installed promptly and shows the correct number per item 1, above.

3.       If the property is leased to another party, ensure that the tenants know the                               civic address.

4.       Maintain the property identification sign by keeping vegetation, snow or  other obstructions away.  Repair any minor damage if numbers still readable and reflective but do not relocate a sign without permission of the municipality.

5.       Replace any damaged or stolen property identification sign with the proper type of blade and post, and the correct number, to be ordered through the municipal office.

6.       The civic address for a rural property can be added to the existing mailing address, provided the mailing address (e.g. a rural route, etc.) appears below the civic address.

7.       That property owners are responsible for all repairs and replacement of the                               civic address post and all cost associated with such work.

 

Clearing of land - 2001-16 *

Being a By-law to regulate the clearing of land.

Whereas paragraph 80 of Section 210 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, authorizes the Council of a municipality to pass by-laws for the purpose of requiring and regulating the filling up, draining, cleaning, clearing of any grounds, yard and vacant lots and the altering, relaying or repairing of private drains.

And whereas paragraph 135 of Section 210 of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended, authorizes the Council of a municipality to pass by-laws for the purpose of prohibiting, or regulating and inspecting the use of any land or structure within the municipality or any defined area or areas thereof for dumping or disposing of garbage, refuse or domestic or industrial waste of any kind.

And whereas a by-law under this paragraph:

a) may establish a schedule of fees chargeable upon inspection of such regulated land or structures;

b) may require the owners, lessees or occupants of such land or structures, at the expense of the owners, lessees or occupants, to cease using such land or structures for such purposes, or to cover over any garbage, refuse, or domestic or industrial waste in any prescribed manner, whether or not such land or structures were so used before the passing of the by-law;

c) may define industrial or domestic waste.

Now therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions

City

Shall mean the Corporation of the City of Clarence-Rockland.

Cleared

Shall include the removal of weeds or grass more than 20 cm (8") in height and the removal of stockpiles of soil or other aggregate material not required to complete the grading of the lot on which the stockpile is located and includes where on any property there is a swimming pool which is a health or safety hazard, or is malodorous or is a breeding place for mosquitoes, the draining, the treatment and/or the disposing of the water.

Composting

Shall mean the biological degradation or breakdown of organic material into a dark soil-like material called humus.

Composting container

Shall mean the holding unit used to store yard and garden household waste for the purpose of composting.

Discarded motor vehicle

Shall mean a vehicle which is unlicensed or in disrepair,  having missing parts including tires or damaged or deteriorated or missing glass or  removed parts which prevent its mechanical function. (Amended by By-law 2006-78)

Domestic waste

Shall mean any article, thing, matter or effluent belonging to or associated with a residence, household or dwelling unit and includes but is not limited to the following classes of waste material:

(i) grass clippings, tree cuttings, brush, leaves and garden refuse;

(ii) paper, cardboard, clothing;

(iii) all kitchen table waste of animal or vegetable origin, resulting from the preparation or consumption of food;

(iv) cans, glass, plastic containers, dishes;

(v) new  or used  material  resulting  from or for the purpose  of construction, alteration, repair or demolition of any building or structure;

(vi) refrigerators, freezers, stoves or other appliances and furniture;

(vii) furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks;

(viii) discarded  boats,  aircraft or motor vehicles,  vehicle parts  and accessories, vehicle tires mounted or unmounted on rims, mechanical equipment;

(ix) rubble, inert fill, fencing materials.

Industrial waste

Shall mean any article, thing, matter or effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, business, calling or occupation that appears to be waste material and includes, but is not limited to, the following classes of waste material:

(i) piping, tubing, conduits, cables, fittings or other accessories, or adjuncts to piping, tubing, conduits or cables;

(ii) containers of any size, type or composition;

(iii) rubble, inert fill;

(iv) mechanical equipment, mechanical parts, accessories or adjunct to mechanical equipment;

(v)  articles, things, matter, effluent which is whole or in part or fragments thereof derived from or constituted from or consist of agricultural, animal, vegetable, paper, lumber or wood  products; or mineral,  metal or chemical products, whether or not the products are manufactured or otherwise processed;

(vi) bones, feathers, hides;

(vii) paper or cardboard packaging or wrapping;

(viii) material resulting from, or as part of, construction or demolition projects;

(ix)  discarded boats, aircraft, motor vehicles, vehicle parts and accessories, vehicle tires mounted or unmounted  on rims, mechanical equipment.

Land

Shall include yards, vacant lots or any part of a lot which is not beneath a building;

Owner

Shall include lessee and occupant of the land;

Perennial gardens

Shall mean an  area deliberately  implemented  to produce ground cover, including wild flowers, shrubs, perennials, ornamental grasses or combination of them, but does not include a wildflower meadow or a naturalized area;

Rubble

Shall include broken concrete, bricks, broken asphalt, patio or sidewalk slabs;

Woodland

Means treed areas that provide environment and economical benefits such as erosion prevention, water retention, provision of habitat, recreation and the sustainable harvest of wood products. Woodland shall also include woodlots or forested areas.

General Provisions

1. This by-law shall be enforced by the Municipal Law Enforcement Division of the Corporation of the City of Clarence-Rockland.

2. Every owner shall keep his lawn, hedges, and bushes neatly trimmed on a regular basis.

(a) The owner of a land shall cut the grass and weeds on the boulevard abutting the  owner’s land, wherever such boulevard is reasonably accessible for maintenance.  (amended by 2006-78)

(b) The owner of a land shall clear away and remove away garbage or other debris from the boulevard abutting the owners land. (amended by 2006-78)

(c) No steps shall be taken to enforce the provisions of subsections (a) and (b) until the owner of the land has been given a written notice requiring compliance with the bylaw with the time specified in the notice but no sooner than seventy two (72) hours after the notice has been given.    (amended by 2006-78)

(d) If the owner of a land fails to comply with the provisions of subsections (a) and (b) within the time specified in the notice given under subsection (c), the City may do the work or arrange for the work to be done unless otherwise authorized by the Director of the Municipal Law Enforcement Service.   (amended by 2006-78)

3. Every owner shall keep his land filled up and drained.

4. Every owner shall fill an excavation on the land unless it isenclosed completely by a temporary barrier at least 122 cm (48") in height in such a manner as to prevent an unsafe condition.

5. Every owner shall drain land accumulation of water that exceeds 30 cm (12") in depth unless it is completely enclosed by a temporary barrier of at least 122 cm (48") in height or such water constitutes a storm water management pond approved by the City.

6. Every owner shall keep his land clean, cleared and free from domestic and industrial waste.

7. No person shall throw, place, dump or deposit domestic or industrial waste on private property or City property without lawful written authority.

8. Every owner shall keep or maintain water in a swimming pool in a condition which is not a health hazard, or malodorous, or a breeding place for mosquitoes.

9. Every refrigerator, freezer, stove or other similar appliance and furniture stored or left on a porch, deck, or in any yard or street or similar area shall not have a self-latching device or self- locking device and shall be:

(a)        in working condition,

(b)        secured with an external locking device,

(c)        locked at all time except when actually being used or supervised.

General Prohibitions

1. No person shall, within the City, fail to clear land of domestic waste.

2. No person shall, within the City, fail to clear land of industrial waste.  

3. No person shall, within the City, fail to enclose an excavation with a temporary barrier at least 122 cm (48u) in height.

4. No person shall, within the City, fail to drain an accumulation of water exceeding 30 cm (1211) in depth.

5. No person shall, within the City, deposit domestic waste on private property without lawful written authority.

6. No person shall, within the City, deposit industrial waste on private property without lawful written authority.

7. No person shall, within the City, deposit domestic waste on municipal property without lawful written authority.

8. No person shall, within the City, deposit industrial waste on municipal property without lawful written authority.

9. No person shall fail to keep or maintain water in a swimming pool in accordance with the provisions of this by-law.

10. No person shall store or leave a refrigerator, freezer, stove or other similar appliance and furniture on a porch, deck, or in any yard or street or similar area which is not locked at all time

11. No person shall store or leave a refrigerator, freezer, stove or other similar appliance and furniture on a porch, deck, or in any yard or side yard or similar area having a self-latching device or self-locking device.

12. No person shall store or leave a refrigerator, freezer, stove or other similar appliance and furniture on a porch, deck, or in any yard or street or similar area which is not in working condition.

13. No person shall store or leave a refrigerator,  freezer, stove or other similar appliance and furniture on a porch, deck, or in any yard or street or similar area which is not secured with an external locking device.

14. No person shall obstruct, hinder or in any way interfere with any Municipal Law Enforcement Officer in the enforcement of the provisions of this by-law.

Exemptions

1. Section of this by-law does not apply to land on which construction is proceeding under a valid building permit.

2. Section 6 of this by-law does not apply to natural bodies of water or lawfully maintained swimming pools.

3. Sections 7 and 8 of this by-law shall not apply to land which is lawfully used for outdoor storage of materials in compliance with the applicable zoning and licensing by-laws and regulations.

4. Sections 7 and 8 of this by-law shall not apply to land or structures designated by or operated by the City for the purpose of dumping or disposing of domestic or industrial waste.

5. This by-law does not apply to perennial gardens managed in accordance with the Weed Control Act, provided that there is no waste.

Enforcement

1. Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and liable to any penalty as provided in the Provincial Offences Act, as amended.

2. The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to anyother penalty imposed on the person convicted.

3. Where any requirement in accordance with this by-law is not carried out, the Municipal Law Enforcement Officer or persons designated by the Municipal Law Enforcement Officer for the Corporation of the City of Clarence-Rockland may, upon such notice as he deems suitable, do such thing at the expense of the person required to do it and, in so doing, may charge an administration fee of 15% of the amount expended by or on behalf of the municipality and such total shall be recovered by action or in like manners as municipal taxes.

4. Where any matter or material is removed in accordance with Section 32, it may be immediately disposed of by the Municipal Law Enforcement Officer.

5. A Municipal Law Enforcement Officer designated to perfonn inspections pursuant to this by- law may, at all reasonable times, enter onto land for the purpose of an inspection of the land.

6. Where it becomes necessary to proceed pursuant to Section 32 of this by-law, a Municipal Law Enforcement Officer may enter onto lands with any person and the appropriate equipment, as required, to bring the property into compliance with this by-law.

Repeal - Enactment

1. That By-Law 1989-45 (Town of Rockland) and By-law 1997-26 (Township of Clarence) and their amendments are hereby repealed.

2. This by-law shall come into force on the date it is passed by the Council of the Corporation of the City of Clarence-Rockland.

Read a first, second and duly passed upon the third reading, this 8th day of May, 2001.

Jean-Pierre Pierre - Mayor

Daniel Gatien - Clerk

Code of Ethics for Board Members, Committees and Volunteers - 2019-40

Being a by-law to establish a code of conduct for members of municipal council, committee members and volunteers complaint protocols, advice request protocol and to adopt a council and staff relations policy.

Whereas the Municipal Act 2001, S.O. 2001, c 25, Section 223.2 (1) provides that a municipality shall establish codes of conduct for members of the council of the municipality and its local boards; and

Whereas the Municipal Act 2001, S.O. 2001, c 25, Section 223.3 authorizes a municipality to appoint an Integrity Commissioner who reports to Council and who is responsible for performing in an independent manner the functions assigned by the municipality with respect to any or all of the responsibilities set out in section 223.3 of the Municipal Act, including, but not limited to, the application of the Code of Conduct for Members of Council; and

Whereas the Municipal Act 2001, S.O. 2001, c 25, Section 270 (1), subsection 2.1 provides that a municipality shall adopt and maintain a policy with respect to the relationship between members of council and the officers and employees of the municipality; and

Whereas the Council of the Corporation of the City of Clarence-Rockland deems it expedient and necessary to adopt a revised Code of Conduct for Council, establish a Code of Conduct for Committees and Volunteers, establish Complaint Protocols and establish a Council and Staff Relations Policy;

Now therefore, the council of the corporation of the city of Clarence-Rockland enacts as follows:

1. That the Council Code of Conduct, attached hereto and forming part of this by-law as Schedule “A”, is hereby established and adopted.

2. That the Complaint Protocol for the Council Code of Conduct, attached hereto and forming part of this by-law as Schedule “B”, is hereby established and adopted.

3. That the Committee and Volunteer Code of Conduct, attached hereto and forming part of this by-law as Schedule “C”, is hereby established and adopted.

4. That the Complaint Protocol for the Committee and Volunteer Code of Conduct, attached hereto and forming part of this by-law as Schedule “D”, is hereby established and adopted.

5. That the Council and Staff Relations Policy, attached hereto and forming part of this by-law as Schedule “E”, is hereby established and adopted.

6. That the Council Request for Advice Protocol/Form, attached hereto and forming part of this by-law as Schedule “F”, is hereby established and adopted.

7. That By-law 2013-116 is hereby repealed upon the adoption of this by-law.

8. That this By-law shall come into force and take effect on the day of its passing. 

Read, passed and adopted in open council this 15th day of April 2019.

Guy Desjardins, Mayor                                 

Monique Ouellet, Clerk

 Schedule A Council Code of Conduct

1.0  Policy Statement

The City of Clarence-Rockland is committed to setting a high standard of conduct for Members of Council in order to provide good governance and a high level of public confidence in the administration of the City by its Members as duly elected or appointed public representatives to ensure that they operate from a foundation of integrity, transparency, justice, truth, honesty and courtesy.

2.0 Purpose

The purpose of this Code of Conduct is to establish a general standard to ensure that all Members share a common basis for acceptable conduct, and to which all Members are expected to adhere to and comply with.

3.0 Scope

This Code of Conduct applies to Members of Council. It may be extended to Members of Local Boards as defined in Section 223.1 of the Municipal Act, 2001

4.0 Definitions

Agent

Means a representative who acts on behalf of other persons or organizations, but does not include Members performing official duties;

Assets

Means all property of the City, including equipment, financial assets, facilities, land, vehicles, material, paper and electronic documents, inventories, tools, electronic equipment, computers, email, internet services and intellectual property;

By-Law

Means a regulation passed by Council for the government of its affairs;

Chief Administrative Officer or CAO

Means the senior executive appointed by Council who is responsible for managing the City;

City

Means the Corporation of the City of Clarence-Rockland.

Clerk

Means the person as appointed by Council pursuant to Section 228 of the Municipal Act, 2001

Confidential Information

Means:

  1. Information in the possession of, or received in confidence by the City, that it is prohibited from disclosing, or has decided to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act;
    1. A matter that has been debated or discussed at a meeting of Council closed to the public, unless the matter is subsequently discussed in Open Session, or it is authorized to be released by Council;
    2. Information concerning litigation, negotiation, or personnel matters; and;
    3. Reports of consultants, draft documents and internal communications, which, if disclosed may prejudice the reputation of the City, its officers and employees, or its effective operation.

Employee

Means a person employed by the City, including those employed on a personal services contract and volunteers but does not include Members.

Family Relationship or Interest

Means a situation involving the interest of any family member, specifically:

  1. spouse, including but not limited to common-law spouse and same-sex partner;
  2. child, mother, father, sibling, grandchild, grandparent, aunt, uncle, niece or nephew;
  3. parent-in-law or sibling-in-law;
  4. step-parent, step-sibling, or step-child;
  5. parent or child in a relationship where the role of the parent has been assumed; or
  6. any person who lives with the Member on a permanent basis.

Head of Council

Means the Mayor or delegate;

Integrity Commissioner

Means a person or persons appointed by Council who is responsible for performing the functions as per section 223.3 of the Municipal Act, 2001.

Local Board

Means a local board as defined in Section 223.1 of the Municipal Act, 2001.

Members

Means a member of Council or a member of a Local Board.

Official Duties

Means functions performed by Members necessary to provide responsible and accountable governance.

Personal Information

as defined in the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990 (MFIPPA), means recorded information about an identifiable individual and includes:

  1. Information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual;
  2. Information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relation to financial transactions in which the individual has been involved;
  3. Any identifying number, symbol or other particular assigned to the individual;

iv. The address, telephone number, fingerprints or blood type of the individual;

  1. Correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence;

vi. The views or opinions of another individual about the individual;

vii. The individual’s name if it appears with other personal information relation to the individual or where the disclosure of the name would reveal other personal information about the individual.

5.0  Policy Requirements

5.1   Statutory Provisions Regulating Conduct      

a) This Code of Conduct complements the existing legislation governing the conduct of Members. The following federal and provincial legislation governs conduct:

  1. Municipal Act, 2001
  2. Municipal Conflict of Interest Act
  3. Municipal Elections Act, 1996
  4. Municipal Freedom of Information and Protection of Privacy Act
  5. Provincial Offences Act
  6. Ontario Human Rights Code
  7. Criminal Code of Canada.

b) Complaints regarding statutory matters outlined in 5.1 a), should be directed to the appropriate process or authority. In the case of any inconsistency between this Code of Conduct and Federal or Provincial statute or regulation, the statue or regulation shall prevail

c) Members will follow by-laws, policies and decisions of Council as adopted and amended from time to time.

5.2  General Principles and Values       

a) Members shall act in accordance with his/her declaration of office;

b) Members will respect the role of Council as set out in the Municipal Act, 2001;

c) Members will support the mission, vision and values of the City.

d) Members will respect the decision-making process of Council by accurately communicating the decision reached by majority of Council, even if they disagree with the outcome.

e) Members will maintain professionalism, integrity, respect, and trust.

f) Members will promote open, accountable and transparent local government.

g) Members will encourage public respect for the City, its by-laws and policies

5.3 Standards of Behaviour and Conduct

5.3.1   Respect and Dignity

a) Members have a duty to treat members of the public, one another, and staff with respect and without abuse, bullying or intimidation.

b) Members will ensure their work environment is free from discrimination and harassment.

c) Members will conduct themselves according to legislative requirements, including the municipal workplace harassment and violence policies.

d) Members will observe decorum and conduct themselves as outlined in the procedural by- law.

e) Members will refrain from public criticism of other Members, staff or any other person that questions their professional reputation, competence and credibility.

5.3.2   Conduct Respecting Staff

a) Members will be respectful of the fact that staff work for the City and are charged with making recommendations and advice based on political neutrality that reflects their professional expertise and objectivity, without undue influence from any individual member or group of members.

b) Members acknowledge that only Council as a whole, in a duly called meeting with a quorum present, has the capacity to direct staff members.

c) Members recognize that the Chief Administrative Officer is the only staff person directly reporting to Council. Members will direct any concerns respecting staff through the Chief Administrative Officer.

d) Members of Council will not:

  1. Maliciously or falsely injure the professional or ethical reputation of staff;
  2. Compel staff to engage in partisan political activities or be subjected to threats or discrimination for refusing to engage in such activities; or
  3. Use, or attempt to use, their authority or influence for the purpose of intimidating, threatening, coercing, commanding or influencing any staff member with the intent of interfering in staff’s duties.

5.3.3   Gifts, Benefits and Hospitality

a) Members will not accept a fee, advance, gift or personal benefit connected directly or indirectly to the performance of duties, unless permitted by law.

b) Members will make decisions free from the influence of gifts, favours, hospitality, and entertainment.

c) Members will decline any personal gift where the acceptance of such gift may imply a contractual agreement with or obligation to the donor.

d) Notwithstanding a), b), and c), Members may accept tokens, mementoes, souvenirs, or such gifts or benefits up to and including a value of $300.00 that are received as a result of the responsibilities of the office. Tokens, mementoes, souvenirs or gifts with a value greater than $300.00 shall be the property of the City.

e) Exceptions outlined in Section 5.3.3 d) must be reported to the Clerk by the Member in writing using Form 2. These exceptions will be reported to Council on an annual basis, at the end of the year.

f) Members will not seek or obtain by reason of their office any personal privilege or advantage with respect to municipal services not otherwise available to the general public and not following as a result of official duties.

5.3.4   Use of Municipal Assets

a) Members may only use municipal property, equipment, services or supplies of consequence for official duties or associated community activities, unless previously approved by Council.

b) Members will comply with corporate policies related to the use of municipal assets, including but not limited to municipal vehicles, municipally owned computers, internet and email.

c) Members will not seek or gain personal benefit from the use of municipally developed intellectual property, computer programs, technological innovations or other patentable items, while an elected official or thereafter. All such property remains the exclusive property of the City.

5.3.5   Confidentiality, Privacy and Use of Information

a) All information, documentation or deliberations received, reviewed or taken in closed session meetings are confidential, except as otherwise directed by Council.

b) Members will not disclose or release by any means to any Member of the public either in verbal or written form any confidential information acquired by virtue of their office, except when required by law to do so.

c) Requests for information should be referred to the Clerk to be addressed in conformity with the Municipal Freedom of Information and Protection of Privacy Act.

d) Members will follow the established practices within the City for closed meeting materials.

e) Members will not use information gained in the execution of their duties that is not available to the general public for any other purpose.

5.3.6   Personal and Political Interests

a) Members will not use municipal facilities, services or property for personal business gain.

b) Members will not use the services of employees for personal business during the hours in which the employees are in the paid employment of the City.

c) Members will not use municipal resources for political purposes, including re-election, in conformity with municipal policy and in compliance with the Municipal Elections Act.

d) Members will not borrow money from any person who regularly does business with the City unless such person is an institution or company whose shares are publicly traded and who is regularly in the business of lending money.

e) Members will not act as a paid agent before Council or its committees, agencies or boards.

f) Members will recognize their obligations to follow and respect both the letter and the spirit of the provisions of the Municipal Act, 2001 as amended and the Municipal Conflict of Interest Act, or successor legislation.

g) Members shall not attempt to influence any outcome or decision regarding or based on a family relationship or interest.

 Schedule B Complaint Protocol

1.0     Informal Complaint:

Any individual who identifies or witnesses behaviour or activity by a Member that appears to breach the Code of Conduct may pursue the following informal complaint process or proceed directly to filing a formal complaint as defined in section 2:

a) Advise the Member that the behaviour or activity appears to breach the Code of Conduct;

b) Encourage the Member to acknowledge and agree to stop the prohibited behaviour or activity and to avoid future occurrences of the prohibited behaviour or activity;

c) Document the incidents including dates, times, locations, other persons present, and any other relevant information;

d) Request the Head of Council or designate to assist in informal discussion of the alleged complaint with the Member in an attempt to resolve the issue;

e) If applicable, confirm satisfaction with the response of the Member, or if applicable, advise the Member of dissatisfaction with the response; and

f) Consider the need to pursue the matter in accordance with the formal complaint procedure outlined in section 2.

2.0     Formal Complaint:

 Any individual who identifies or witnesses behaviour or an activity by a Member that they believe is in contravention of the Code of Conduct may file a formal complaint in accordance with the following:

a)  All formal complaints shall be made in writing either by using Form 1, or by providing all of the information requested therein, originally signed and filed with the Clerk. All complaints filed with the Clerk will be forwarded directly to the Integrity Commissioner.

b) The complaint must set out reasonable and probable grounds for the allegation that the Member has contravened the Code of Conduct.

c) The identity of the complainant shall be protected.

d) The Integrity Commissioner shall follow a process similar to that depicted in diagram 1 for all complaints received.

e) If a report is warranted by the Integrity Commissioner, the Integrity Commissioner and/or the Clerk will protect any personal information about the complainant.

f) Council will review the report of the Integrity Commissioner in closed session due to personal matters about an identifiable individual being the complainant.

g) Determination of any reprimand will be completed in open session. Council will report out in open session and Council will state its reasons for the decision. If Council decides there was a breach in the code of conduct, Council will decide if there will be a penalty as may be imposed under section 223.4(5) of the Municipal Act, 2001.

 Schedule C Committee and Volunteer Code of Conduct

1.0 Policy Statement

The City of Clarence-Rockland values the important contribution of its volunteers, including Advisory Committee members, which are appointed by Council.  This Code is intended to ensure that Volunteers and Advisory Committee members carry out their duties with respect, integrity, transparency, justice, truth, honesty and courtesy.

2.0 Purpose

The purpose of this Code of Conduct is to establish a general standard to ensure that all volunteers, including Advisory Committee members share a common basis for acceptable conduct, and to which they are expected to adhere to and comply with.

3.0 Scope

This Code of Conduct applies to persons who volunteer with the City of Clarence-Rockland in a formal way, including Advisory Committees, sub-committees, Task Force and Working Group members.  This policy does not apply to members of Council, Local Board, Clarence-Rockland Public Library Board, staff or volunteer firefighters, who must adhere to their own Codes of Conduct.

4.0  Definitions

Advisory Committee

Means a body, primarily made up of citizen appointees with one member of Council serving as Liaison.  Providing advice to Council and staff on an area of expertise.  The work of the advisory committee is undertaken in keeping with Terms of Reference adopted by Council.;

By-Law

Means a regulation passed by Council for the government of its affairs;

Chief Administrative Officer or CAO

Means the senior executive appointed by Council who is responsible for managing the City;

City

Means the Corporation of the City of Clarence-Rockland.

Clerk

Means the person as appointed by Council pursuant to Section 228 of the Municipal Act, 2001.

Confidential Information

Means:

  1. Information in the possession of, or received in confidence by the City, that it is prohibited from disclosing, or has decided to refuse to disclose, under the Municipal Freedom of Information and Protection of Privacy Act;
  2. A matter that has been debated or discussed at a meeting of Council closed to the public, unless the matter is subsequently discussed in Open Session, or it is authorized to be released by Council;
  3. Information concerning litigation, negotiation, or personnel matters; and;
  4. Reports of consultants, draft documents and internal communications, which, if disclosed may prejudice the reputation of the City, its officers and employees, or its effective operation.

Employee

Means a person employed by the City, including those employed on a personal services contract and volunteers but does not include members.

Family Relationship or Interest

Means a situation involving the interest of any family member, specifically:

  1. spouse, including but not limited to common-law spouse and same-sex partner;
  2. child, mother, father, sibling, grandchild, grandparent, aunt, uncle, niece or nephew;
  3. parent-in-law or sibling-in-law;
  4. step-parent, step-sibling, or step-child;
  5. parent or child in a relationship where the role of the parent has been assumed; or
  6. any person who lives with the member on a permanent basis.

Head of Council

Means the Mayor or delegate;

Integrity Commissioner

Means a person or persons appointed by Council who is responsible for performing the functions as per section 223.3 of the Municipal Act, 2001.

Local Board

Means a local board as defined in Section 223.1 of the Municipal Act, 2001.

Official Duties

Means functions performed by volunteers sanctioned by the City of Clarence-Rockland.

Personal Information

As defined in the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990 (MFIPPA), means recorded information about an identifiable individual and includes:

  1. Information relating to the race, national or ethnic origin, colour, religion, age, sex, sexual orientation or marital or family status of the individual;
  2. Information relating to the education or the medical, psychiatric, psychological, criminal or employment history of the individual or information relation to financial transactions in which the individual has been involved;
  3. Any identifying number, symbol or other particular assigned to the individual;
  4. The address, telephone number, fingerprints or blood type of the individual;
  5. Correspondence sent to an institution by the individual that is implicitly or explicitly of a private or confidential nature, and replies to that correspondence that would reveal the contents of the original correspondence;
  6. The views or opinions of another individual about the individual;
  7. The individual’s name if it appears with other personal information relation to the individual or where the disclosure of the name would reveal other personal information about the individual.

Task Force or Working Group

Means a body of limited duration established by Council through Terms of Reference to produce recommendations for Council’s consideration.

Volunteer

Means a person who freely offers to take part in an activity, body or undertake a task on behalf of and sanctioned by the City of Clarence-Rockland, and includes Advisory Committees, sub-committees, Task Force and Working Group members.

5.0 Policy Requirements

5.1  Statutory Provisions Regulating Conduct       

a) This Code of Conduct complements the existing legislation governing the conduct of members of Council. The following federal and provincial legislation governs conduct:

  1. Municipal Act, 2001
  2. Municipal Conflict of Interest Act
  3. Municipal Elections Act, 1996
  4. Municipal Freedom of Information and Protection of Privacy Act
  5. Provincial Offences Act
  6. Ontario Human Rights Code
  7. Criminal Code of Canada.

b)  Complaints regarding statutory matters outlined in 5.1 a), should be directed to the appropriate process or authority. In the case of any inconsistency between this Code of Conduct and Federal or Provincial statute or regulation, the statue or regulation shall prevail.

5.2  General Principles and Values       

a) Volunteers will support the mission, vision and values of the City.

b) Volunteers will respect the decision-making process of Council.

c) Volunteers will maintain professionalism, integrity, respect, and trust.

d) Volunteers will promote open, accountable and transparent local government.

e) Volunteers will encourage public respect for the City, its by-laws and policies

5.3  Standards of Behavious and Conduct      

5.3.1   Respect and Dignity

a) Volunteers have a duty to treat members of the public, one another, and staff with respect and without abuse, bullying or intimidation.

b) Volunteers will ensure their work environment is free from discrimination and harassment.

c) Volunteers will conduct themselves according to legislative requirements, including the municipal workplace harassment and violence policies.

d) Volunteers will observe decorum and conduct themselves as outlined in the procedural by- law and/or Terms of Reference.

e) Volunteers will refrain from public criticism that questions the professional reputation, competence, and credibility of Council, other volunteers, staff or any other person.

f) Volunteers will protect and not divulge personal and confidential information obtained or encountered in the course of volunteering.

5.3.2   Conduct Respecting Staff

a) Volunteers acknowledge that only Council as a whole, in a duly called meeting with a quorum present, has the capacity to direct staff members.

b) Volunteers will be respectful of the fact that staff work for the City and are charged with making recommendations and provide advice based on political neutrality that reflects their professional expertise and objectivity.

c) Volunteers will not:

  1. Maliciously or falsely injure the professional or ethical reputation of staff;
  2. Use, or attempt to use, their influence for the purpose of intimidating, threatening, coercing, commanding or influencing any staff member with the intent of interfering in staff’s duties.

5.3.3   Conduct Respecting Advisory Committees, Sub-Committees, Task Forces and Working Groups

a) Volunteers shall, when conducting committee business, preparing written correspondence, interacting with members of Council, the media, the public or staff, act in a manner that:

  1. Fulfils the mandate and Terms of Reference of the body;
  2. Respects due process and the authority of the Chair and Council;
  3. Demonstrates respect for all fellow members, Council, the public, and staff;
  4. Respects and gives fair consideration to diverse and opposing viewpoints;
  5. Represents the community and works with community members to bring forward their views;
  6. Demonstrates professionalism, transparency, accountability, and timeliness in completing any tasks or projects undertaken by the body;
  7. Conforms with all relevant legislation, by-laws, policies, and guidelines;
  8. Contributes in a meaningful manner, offering constructive comments to Council, staff, and fellow members; and
  9. Supports committee recommendations.

b) A member of an Advisory Committee, Sub-Committee, Task Force or Working Group shall not:

  1. Place themselves in a position where they could derive any direct personal benefit or interest from any matter about the member can influence decisions;
  2. Accord preferential treatment to relatives, or to organizations in which the member or a family member have an interest, financial or otherwise.
  3. Deal with an application to the City for a grant, award, contract, permit or other benefit involving the member or a family member;
  4. Place themselves in a position where the member is under obligation to any person who might benefit from special consideration or favour or who might seek preferential treatment in any way;
  5. Benefit from the use of information acquired during the course of his or her official duties which is not generally available to the public; and
  6. Accept gifts, hospitality, or entertainment that could reasonably be construed as being given in anticipation or recognition of special consideration.

c) An Advisory Committee, Sub-Committee, Task Force or Working Group member shall disclose immediately to the Clerk or Recording Secretary, any potential pecuniary interest.

d) Despite b) and c), the City acknowledges that certain advisory committees are intentionally comprised of citizens representing business interests, organizations, or specific sectors. Therefore, a member’s interest that arises as a result of this connection does not constitute a breach of b) or c).

e) Where a Member believes they have a conflict of interest in a particular matter, they shall:

f) Prior to any consideration, disclose their interest and the general nature thereof;

  1. Leave the room for the duration of time that the matter is being considered;
  2. Not take part in the discussion of, or vote on, any question or recommendation in respect of the matter; and
  3. Not attempt in any way, whether before, during or after the meeting, to influence the voting on any such question or recommendation.
 Schedule D Complaint Protocol

1.0     Informal Complaint:

Any individual who identifies or witnesses behaviour or activity by a volunteer that appears to breach the Code of Conduct may pursue the following informal complaint process or proceed directly to filing a formal complaint as defined in section 2:

a) Advise the volunteer that the behaviour or activity appears to breach the Code of Conduct;

b) Encourage the volunteer to acknowledge and agree to stop the prohibited behaviour or activity and to avoid future occurrences of the prohibited behaviour or activity;

c) Document the incidents including dates, times, locations, other persons present, and any other relevant information;

d) Request the Chair of the body, Head of Council or designate to assist in informal discussion of the alleged complaint with the volunteer in an attempt to resolve the issue;

e) If applicable, confirm satisfaction with the response of the volunteer, or if applicable, advise the volunteer of dissatisfaction with the response; and

f) Consider the need to pursue the matter in accordance with the formal complaint procedure outlined in section 2.

2.0 Formal Complaint:

Any individual who identifies or witnesses behaviour or an activity by a volunteer that they believe is in contravention of the Code of Conduct may file a formal complaint in accordance with the following:

a) All formal complaints shall be made in writing either by using Form 1, or by providing all of the information requested therein, originally signed and filed with the Clerk.  All complaints filed with the Clerk will be forwarded directly to the Integrity Commissioner.

b) The complaint must set out reasonable and probable grounds for the allegation that the volunteer has contravened the Code of Conduct.

c) The identity of the complainant shall be protected.

d) The Integrity Commissioner shall follow a process similar to that depicted in diagram 1 for all complaints received.

e) If a report is warranted by the Integrity Commissioner, the Integrity Commissioner and/or the Clerk will protect any personal information about the complainant.

f) Council will review the report of the Integrity Commissioner in closed session due to personal matters about an identifiable individual being the complainant.

Determination of any reprimand will be completed in open session. Council will report out in open session and Council will state its reasons for the decision. If Council decides there was a breach in the code of conduct, Council will decide if there will be a penalty. 

 Community Safety Zone - 1999-78*

Being a by-law to establish community safety zones under the provisions of the highway traffic act.

Whereas the Highway Traffic Act, section 214.1, chapter 6, s.o. 1998, as amended provides for the establishment of ”community safety zones” on part of designated highways under the jurisdiction of the municipality.

And whereas in the opinion of the council of the city of Clarence-Rockland public safety is of special concerns, it may by by-law designate part of a highway under its jurisdiction as a community safety zone.

Now therefore the council of the city of Clarence-Rockland enacts as follows:

Designation of highways

1)      Every highway or part of highways that have been designated as “community safety zone” under the provisions set out in the highway traffic act, as amended, shall be identified in schedule “a “ of this by-law.

2)      When signs have been erected on a highway or part of a highway to indicate the “community safety zone”, it shall be in effect between the limits set out in columns 1, 2 and 3 of schedule “a” to this by-law during the times or days set out in column 4 of schedule “a”.

3)      This by-law is subject to the provisions of the highway traffic act.

4)      This by-law shall come into effect on the passing thereof.

Read a first, second and duly passed upon the third reading, this 14th day of December 1999.

Jean-Pierre Pierre, Mayor

Daniel Gatien, Clerk

Schedule A

Designation of Community Safety Zone
HighwaySideBetweenEffective Days and Times
St. Joseph Street North and South Bound Laurier Street and Rockland District High School

Monday to Friday

7:00am - 5:00pm

September - June

Du Parc Avenue East and West Bound St. Joseph Street and Simoneau Street

Monday to Friday

7:00am - 5:00pm

September - June

Chéné Street East and West Bound St. Joseph Street and Giroux Street

Monday to Friday

7:00am - 5:00pm

September - June

Giroux Street North and South Bound Laurier Street and St-Laurent Street

Monday to Friday

7:00am - 5:00pm

September - June

St. Laurent Street East and West Bound Giroux and St. Joseph Street

Monday to Friday

7:00am - 5:00pm

September - June

Laporte Street North and South Bound Laurier Street and Yvette Street Anytime (2007-77)
Drouin Road North and South Bound Emilia Street and Russell Road Anytime (2014-130)

 

 Discharge of firearms - 2007-02*

Being a by-law of the City of Clarence-Rockland regulating the discharge of firearms.

Whereas of the Municipal Act S.O. 2001, C.25, Section 119 provides authority to a local municipality, for the purpose of public safety, prohibit or regulate the discharge of guns, firearms, air guns, spring-guns, cross-bows, long-bows and any other weapon.

And whereas the council of the Corporation of the City of Clarence-Rockland deems it necessary and desirable to pass a by-law to prohibit and regulate the discharge of firearms within the limits of the city for the purpose of public safety;

Now therefore the council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions

1.         in this by-law:

“Chief of Police” means the Chief of Police of the City of Clarence-Rockland or authorized representatives;

“City of Clarence-Rockland” means the municipal corporation known as the City of Clarence-Rockland or the geographic area of the City of Clarence-Rockland, as the context requires;

“Firearm” means any class or type of gun or other firearm including a shotgun, rifle, air-gun, spring-gun, and any class of bows or cross-bows;

“Farmer” means a person whose occupation is farming on land that he or she is entitled to occupy, and,

  1. who has livestock or poultry on the land,
  2. who is tilling or cultivating the land for crops, or
  3. who is engaging in arboriculture or horticulture for commercial purposes;

“Highway” means a common and public highway, street, avenue, parkway, driveway, square, bridge, viaduct, or trestle, any part of which is intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

“Navigable Water” means navigable water pursuant to the Navigable Waters Protection Act, R.S.C. 1985, Chap. N-22;

“Peace Officer” means,

  1. a police officer as defined in the Police Services Act, R.S.O. 1990, Chap. P.15, as amended;
  2. conservation officer appointed to enforce the Fish and Wildlife Conservation Act, 1997, S.O. 1997, Chap. 41, as amended;
  3. a municipal law enforcement officer appointed pursuant to section 15 of the Police Services Act to enforce the by-laws of the city;
  4. a peace officer as defined in the Criminal Code;
  5. a member of the Royal Canadian Mounted Police Force.

Interpretation

2.  (1) This by-law includes the schedules annexed hereto and the schedules are hereby declared to form part of this by-law.

     (2) It is declared that if any section, subsection or part or parts thereof be declared by any court of law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

Regulations

Discharge of Firearms

3.  (1) No person shall discharge a firearm in any area that is shown as a shaded area on any of the map attached as schedules “a”.

     (2) No person shall discharge a firearm in the larose forest area that is shown as hatched area on the map attached as schedule “b” to this by-law. (amended by by-law 2012-62)

4.   (1) In the areas that are not shaded on any of the maps attached as schedules “a” inclusive or that are not navigable water as described in subsection 3(1), no person shall discharge a firearm,

  1. on, over or across any highway or portion thereof;
  2. on, over or across any public land within the City of Clarence-Rockland including parks, conservation areas, property owned by the City of Clarence-Rockland, school property, recreational areas, but not including,

i)         an unopened road allowance,

                        c. within 150 meters of any place of worship, public hall or school property;

                        d. on land on a registered plan of subdivision once an application for a building permit                                has been received by the City of Clarence-Rockland;

                        e. within 150 meters of land on a registered plan of subdivision once an application for a building permit has been received by the City of Clarence-Rockland.

Exemptions

5. Despite sections 3 and 4, this by-law shall not restrict or regulate the discharge of firearms by the following:

  1. A peace officer in the performance of his or her duty;
  2. A person appointed as a municipal law enforcement officer or as an agent for the City of Clarence-Rockland or for a provincial or federal government agency for the purpose of destroying sick, injured or vicious animals in the performance of this stated duty;
  3. A farmer or his or her agent, in order to destroy livestock in connection with  farming practices, to scare or destroy animals that are found in the act of killing or injuring livestock or poultry and wildlife destroying his or her property in accordance with the Migratory Birds Convention Act, 1994, chap. 22 and the Fish and Wildlife Conservation Act, 1997, s.o. 1997, chap. 41, as amended,
  4. Members of a bona fide gun club, riffle range, or skeet club in a specific area, zoned for the purpose and, where applicable, only with the prior approval of the firearms office, Ontario Ministry of public safety and security;
  5. Members of a bona fide archery club in a specific area, zoned for the purpose and, where applicable, in accordance with the rules and regulations of the Ontario Archery Association;
  6. A facility operated by or for a municipal, provincial or federal police force;
  7. A person firing blank ammunition for or in connection with lawful use in a motion picture, television, stage productions and historical displays or educational programs of a public museum;
  8. A person firing blank ammunition for animal training purposes or for the purpose of starting or controlling a sporting even of a similar nature to foot racing, sailing or golf;
  9. A person discharging any class of bow or cross bow for target practice provided that such activity is authorized in writing by the school principal.

Offences and Penalties

7. Any person who contravenes any of the provisions of this by-law is guilty of an offence.

8. Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990 chap. p.33, as amended.

Prohibition Order

9. When a person has been convicted of an offence under this by-law:

  1. the Ontario court of justice; or
  2. any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

Administration & Enforcement

10. This by-law shall be enforced by the chief of police and the municipal by-law enforcement officers of the City of Clarence-Rockland.

Effective Date

11. This by-law shall come into effect on September 10th, 2007.

Read, done and passed in open council, this 10th day of September 2007.

Richard Lalonde, Mayor                                                       

Daniel Gatien, Clerk

 

Discharge of firearm map

 

Discharge of firearm map

 Dogs - 2015-180 *

Whereas Sections 8, 9, and 11 of the Municipal Act, 2001, S.O. 2001, Chapter 25 and amendments thereto provides that every municipal Corporation may pass by-laws for the purpose of governing its affairs as it considers appropriate;

Whereas the Corporation of the City of Clarence-Rockland deems it appropriate to actualize the by-law for the licensing of dogs and the regulating of the keeping of dogs.

The Council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definition

Certified medical dog 

Means a dog that has been certified by a reputable medical service dog trainer; (By-Law 2018-105)

Corporation

Means the Corporation of the City of Clarence- Rockland;

Dog

Means a male or female dog member of the species Canis familiaris.

Kennel

Means any building or structure which is used to maintain, board, breed, or train pure-bred dogs registered in the Canadian Kennel Club Incorporated or any other lawfully established kennel club.

Medical service dog

Means a dog that is required, as attested by a note from a medical doctor, by a person with a disability for assistance and is certified, in writing, as having been trained by a professional service animal trainer to assist a person with a disability; (By-Law 2018-105)

Medical service dog in training

Means a dog that is being trained by or in consultation with a professional service animal trainer to assist a person with a disability; (By-Law 2018-105)

Municipal Law Enforcement Officer

Means a Peace Officer for the purpose of enforcing municipal by-laws.

Muzzled

Means to have securely affixed around the snout or the mouth and the nose of a dog a device commonly known as a muzzle manufactured by a recognized manufacturer of muzzles for dogs such that the dog when muzzled will be prevented from biting a person or animal;

Owner of a dog

 Includes any person who owns, possesses, harbours or has the care and control of a dog and the words "owns" and "owned" have a corresponding meaning, where the owner is a minor, the person responsible for the custody of the minor;

Person

Means an individual, a partnership, or a corporation, to whom or to which the context can apply;

Residential Zone

Means those areas designated as residential in the zoning by-laws of the Corporation of the City of Clarence- Rockland of the City of Clarence-Rockland;

Running at large

Means a dog not on its owner’s property, that is off leash and not under the control of a professional dog trainer or a handler of a certified medical service dog; (By-Law 2018-105)

Vicious dog

Means any dog which has bitten another domestic animal or person without provocation.

2.         Every owner of a dog shall annually, not later than March 31 of each year or within seven (7) days of becoming an owner of a dog, cause the dog to be licensed with the Corporation. If the last day of registration falls on a Saturday, Sunday, or a Holiday, the next working day shall be the last day of registration.

3.         All licences and tags issued pursuant to this by-law shall be serially numbered and a record of their issue shall be kept by the municipal law enforcement officer. Such record shall set out the name and address of the owner.

4.         At the time of registration, the owner\applicant shall be required to pay to the Corporation the required licence fee as established in current fee by- law.

4.1 – Notwithstanding section 4, medical service dogs shall be exempt of licensing fees. (By-Law 2018-105

5.         On payment of the licence fee for a dog, the owner shall be furnished with a dog tag from the Corporation which shall bear the serial number relating to the application, the name and address of the owner and the year in which the tag is valid.

6.         The owner of a dog shall: 

a)        keep the dog tag securely affixed on the dog for which it was issued at all times until renewed or replaced but the tag may be removed while the dog is being lawfully used for hunting in the bush; and

b)         not use the tag upon a dog other than the one for which it was issued.

7.        The set fee for the replacement of lost dog tags shall be that set out as established in current fee by-law.

8.        Every person operating a kennel shall annually and not later than March 31 in each year obtain a licence from the Corporation to operate a kennel and shall pay the licence fee as established in current fee by-law,

9.          Every licence for a dog issued hereunder is personal to the owner thereof and may not be transferred.

10.      No person shall keep or allow to be kept in a residential zone of the Corporation more than three (3) dogs.

10.1 – Notwithstanding section 10, the number of medical service dogs shall not be calculated within the set limit; and the number of medical service dogs in training shall be set at a maximum of 5. (By-Law 2018-105)

11.      a)   No person shall permit a dog owned by him or under his care and control to run at large within the limits of the Corporation.

b)    For the purposes of this section, a dog shall be deemed to be running at large when found elsewhere than on the property of the owner and not under the control of a competent and responsible person and is not on a leash securely attached to the owner and having a length of less than 2.4 metres (8 feet).

12.        a)  Any dog found to be running at large may be seized and impounded by the municipal law enforcement officer or any person acting under his or her authority;

b)         The municipal law enforcement officer or any person acting under his or her authority may kill any dog found running at large if:

  • he\she reasonably believes that the dog is likely to cause imminent harm to any person or animal; or
  •  the dog is injured or should be destroyed without delay for humane reasons;
  • and no damage or compensation shall be recovered on the account of such disposition.

13.      Any dog seized pursuant to section 12 a) of this by-law, shall be taken to the municipal pound. Whether the dog is claimed or not, the owner shall be liable for the pound and maintenance fee prescribed, and shall pay all fees on demand by the Municipal Law Enforcement Officer.

  • Where, at the end of the said three (3) days, possession of the dog has not been restored to the owner, the Municipal Law Enforcement Officer may destroy the dog in a humane manner.
  • The Municipal Law Enforcement Officer may sell the dog for such price as established in current fee by-law, and no damages or compensation shall be recovered on account of its killing or other disposition.

14.      A release form can be obtained by the owner upon payment of the fee established in current fee by-law. However if the dog does not have a valid and subsisting licence, the owner shall be required to pay in addition to the release fee, the licence fee as established in current fee by-law.

15.      The owner of a vicious dog shall at all time, when it is not in the owner's dwelling but otherwise within the boundaries of the owner's lands, be secured in the following manners:

a)             the dog shall be muzzled so as to prevent it from biting a person or animal.

16.      The owner of a vicious dog shall at all times when the dog is outside the boundaries of the owner's lands keep the dog muzzled so as to prevent it from biting a person or animal and securely leashed to the owner of the dog.

17.      a)    Every owner of a dog shall remove forthwith and dispose of any excrement left by the dog on any property located in the corporation.

b)      The provision of Subsection 17 a) of this by-law does not apply to a blind person accompanied by a dog used as a guide or lead dog.

18.      No person shall obstruct, interfere or hinder the Municipal Law Enforcement Officer or any person acting under his\her authority in the lawful performance of his\her duties.

19.      Every person who contravenes any provisions of this by-law is guilty of an offence and is subject to the provisions of the Provincial Offences Act, R.S.O. 1990, Chapter P.33, and amendments thereto.

20.      Where any provision of this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court

of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted.

21.      It is declared that if any section, subsection or part(s) thereof be declared by any court of law to be bad, illegal or ultra vires, such section, subsection or part(s) shall be deemed to be separate and independent and enacted as such.

22.      By-law 1998-04, 2002-21, 2011-211 and amendments are hereby repealed.

23.      This by-law shall come into effect upon its adoption.

Read, done and passed in open Council this 21st day of December 2015

Guy Desjardins, Mayor

Monique Ouellet, Clerk 

 

 Exotic animals - 2003-25 *

Being a by-law to prohibit and regulate the keeping of certain exotic animals in accordance with section 11 of the municipal act, S.o. 2001, chapter 25, as amended.

Whereas the Council of the City of Clarence-Rockland deems it necessary and expedient to prohibit and regulate certain exotic animals for the purpose related to the health, safety and well- being of the inhabitants of the municipality;

And whereas municipalities that pass by-laws to regulate and prohibit the being at large or trespassing of animals, may also provide for the seizure and impoundment of such animal;

Therefore the Council of the City of Clarence-Rockland enacts as follows:

Definitions

1. In this by-law,

(a)  “Animal” means a mammal, bird, reptile, amphibian, fish or insect but does not include a human being.

(b)  “City” means the Corporation of the City of Clarence-Rockland.

(c)  “Municipal Law Enforcement Officer” means a peace officer for the purpose of enforcing City by-laws, as set out in the Police Services Act, as amended.

(d) “Owner” includes a lessee and occupant of the land;

(e) “Person” includes a corporation and the heirs, executors, administrators or legal representatives of a person.

General provisions

2. No person shall own, harbour, possess, sell or offer for sale any animal listed below as a pet or for any other purpose:

(a)    All non-human primates (such as gorillas and monkeys);

(b)    All felids (including but not limited to lions, cougars, tigers, leopards, cheetahs but not including the domestic cat);

(c)    All canids (including but not limited to jackals, wolves and foxes but not including the domestic dog);

(d)    All mustelids (including but not limited to minks, polecats, skunks, weasels, otters, badgers, etc., but not including the domestic ferret);

(e)    All marsupials (including but not limited to kangaroos and opossums);

(f)     All bats, eagles, hawks, owls and falcons;

(g)    All ursine (bear);

(h)    All hyaenas;

(i)      All snapping turtles;

(j)      All elephants;

(k)    All snakes which reach an adult length larger than three (3) metres;

(l)      All poisonous or venomous snakes (including but not limited to cobras and rattlesnakes); (m)All the following boidaes:

  • Green anaconda;
  • Yellow anaconda;
  • Reticulated python;
  • African rock python;
  • Burmese python;
  • Indian python;
  • Amethyst python.

(n)    All song birds in the family Paradisaeidae (including but not limited to birds of paradise);

(o)    All poisonous or venomous arachnids (including but not limited to spiders);

(p)    All lizards which reach an adult length larger than two (2) metres;

(q)    All poisonous or venomous lizards;

(r)     All crocodilians (including but not limited to alligators and crocodiles);

(s)     All endangered species as defined by the Canadian Wildlife Service and all species of animal whose ownership is already prohibited by existing Federal and Provincial legislation;

(t)      All perissodactyls (including but not limited to horses, asses, donkeys, zebras, mules and ponies);

(u)    All bovines (including but not limited to cattle, goats, sheep, swine, pigs and cows).

Exemptions provisions

3. Notwithstanding Section 2, the prohibition shall not apply to:

  • Any animal living in a zoo;
  • Circuses or other like shows and parades;
  • Premises operated by the Ontario Society for the Prevention of Cruelty to Animals;
  • A veterinary hospital under the control of a licensed veterinarian;
  • Anyone holding a licence under any statute of the Legislature of Ontario or the Government of Canada, which permits the keeping of animals under stated conditions;
  • Any animal being displayed or exhibited for a set period of time in the City at  a sanctioned event which is operated in accordance with all by-laws of the City;
  • The premises of an Institution of Education where such animals are being kept for research, study or teaching purposes, or on premises registered as Research Facilities under the Animal for Research Act.

4. Section 2 shall not apply to prevent the owners keeping a snake larger than three (3) metres and lizards larger than two (2) metres if such animal was owned and kept as a pet prior to the adoption of this by-law. These owners are required however to register their animal within a month after the passing of this by-law.

5. Section 2, Subsections (t) and (u) shall not apply to any land designated under the zoning by- law of the City for agricultural use or for the keeping of livestock.

6. Notwithstanding the provisions of Section 3, no person shall, on public property, walk with or ride on any animal listed in Section 2.

7. Every person and pet shop owner who owns a snake or lizard must register his/her animal with the City. No fee will be charged for the registration of such animal.

8. Pet shop owners must submit to the City each month an inventory list of all snakes and lizards purchased and sold including the purchaser(s’) name and address.

9. No person shall keep more than six (6) guinea pigs in any residential dwelling unit within the City and no more than two (2) such guinea pigs shall be adults.

10. No person shall keep more than six (6) rodents in any residential dwelling unit within the City.

11. No person shall keep more than two (2) rabbits in a fenced cage outside a residential unit or dwelling.

12. All enclosures for the animals listed in Sections 9, 10 and 11 shall be kept clean and sanitary and all excrements shall be sanitarily disposed.

Enforcement provisions

13. Any person who contravenes any provision of this by-law is, upon conviction, guilty of an offence and liable to any penalty as provided in the Provincial Offences Act, as amended.

14. The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted.

15. A Municipal Law Enforcement Officer designated to perform inspections pursuant to this by- law may, at all reasonable times, enter onto land for the purpose of an inspection to ascertain compliance of the provisions of this by-law.

Repeal - Enactment

16. That By-Law Number 1984-15 and its amendments are hereby repealed.

17. This by-law shall come into force on the date it is passed by the Council of the Corporation of the City of Clarence-Rockland.

Read a first, second and duly passed upon the third reading, this 10th day of June, 2003

Mayor, Jean-Pierre Pierre

Clerk, Yvon Forget

 Fences and privacy screens - 2016-96

Whereas paragraph 7 of Subsection 11(3) of the Municipal Act, 2001 states that a lower-tier municipality may pass by-laws subject to the rules set out under subsection (4), in regards to structures including fences and signs;

And Whereas Section 8(3) of the Municipal Act, 2001 authorizes a municipality to regulate or prohibit matters pertaining to fences and as a part of that power, to provide for a system of approvals and to impose conditions as requirements of obtaining, continuing to hold or renewing the approval;

And Whereas section 11(2)(6) of the Municipal Act authorizes a municipality to regulate matters related to health, safety and well-being of the inhabitants of the municipality; 

And Whereas section 446 of the Municipal Act authorizes a municipality, under a by-law, to direct or require a person to do a matter or thing and the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense, and the municipality may recover the costs of doing the matter or thing from the person by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes; 

And Whereas section 425 of the Municipal Act authorizes a municipality to pass a by-law providing that a person who contravenes a by-law of the municipality is guilty of an offence;

And Whereas section 429 of the Municipal Act authorizes a municipality to establish a system of fines for the offences;

Now Therefore

The Council of the Corporation of the City of Clarence-Rockland enacts as follows:

1.1 Definitions 

In this by-law,

Agricultural Operation

Means an agricultural, aquacultural, horticultural or silvacultural operation that is carried on in the expectation of gain or reward;

Building

Means any structure used or intended for supporting or sheltering any use or occupancy;

City

Means Corporation of the City of Clarence-Rockland;

City Engineer

Means Director of the Infrastructure and Planning Department of the Corporation of the City of Clarence-Rockland for the time being or such other person or persons designated by him;

Collector Roads

Means the roads designated as collector on Schedule "B", to the Official Plan of the Urban Area of the City of Clarence-Rockland and Schedule “D” of the Official Plan of the United Counties of Prescott and Russell;

Corner Lot

Means a lot situated at the intersection of two or more roads or upon two parts of the same road having an angle of intersection not exceeding 135 degrees;

Council

Means the Council of the Corporation of the City of Clarence-Rockland;

Director

Means the person appointed as Director of the By-law Enforcement Division, or authorized delegate;

Erect

Includes alter, construct, place, relocate and any work preparatory to erection and "erection" has a corresponding meaning;

Fence

Means any freestanding structure, wall or barrier other than a building, erected at grade for the purpose of delineating the boundaries of a property, restricting ingress to or egress from a property, providing security or protection to property, and does include a hedge;

Gate

Means any swinging or sliding barrier used to fill in or close an access in a fence;

Grade

Means the elevation of the finished level of the ground adjoining the fence exclusive of any artificial embankments or berms;

Hedge

Means a continuous line of thick shrubs or trees, which is densely planted and intended to be maintained at an even height;

Lot Line, Front

Means,

  1. in the case of an interior lot, the lot line dividing the lot from the street,
  2. in the case of a corner lot, through lot, or through corner lot, the shortest of the lot lines that divide the lot from the road shall be deemed the front lot line,
  3. in the case of a corner lot, through lot, or through corner lot where such lot lines are of equal length, the City may deem any of the lot lines that divide the lot from the road as the front lot line;

Lot Line, Rear

Means the lot line opposite to, and most distant from, the front lot line, but where the side lot lines intersect, as in the case of a triangular lot, the rear lot line shall be represented by the apex of the triangle formed by the intersection of the side lot lines;

Lot Line, Side

Means a lot line other than a front lot line or a rear lot line;

Non-Residential Property

Means land used for other than residential purposes and includes land used for both residential and other purposes;

Open Construction

Means construction of a fence that has an open vertical surface space, enabling a clear view through such fence; 

Person

Means an individual, firm, corporation, association or partnership;

Principal Building

Means the building in which the principal use of the lot is conducted;

Privacy Screen

Means a permanent structure that provides a screen or visual barrier to provide privacy;

Residential Property

Means land used for residential purposes and includes vacant land abutting residential property;

Road

Means a public road or private road;

Sight Triangle

Means a triangular area on a lot formed by an intersecting exterior lot line and front lot line and a line drawn from a point on one line across such lot to a point on the other lot line, each such point being the required distance from the point of intersection of the two lot lines;

Yard

Means any open space located between the nearest point of a building and a lot line;

Yard, Front

Means a yard extending across the full width of a lot between the front lot line and the nearest point of the principal building on the lot;

Yard, Rear

Means a yard extending across the full width of the lot between the rear lot line and the nearest point of the principal building on the lot; and

Yard, side

means a yard extending from the front yard to the rear yard between the side lot line and the nearest point of the principal building on the lot.

1.2.Severability

It is declared that if any section, subsection or part, or parts thereof, be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

1.3. Calculation of Height

3.1   The height of a fence at any given point shall be measured from the grade at the base of the fence, as follows:

  1. to the top of the fence where erected at grade and where there is no grade difference between the two sides of the fence; or
  1. from the higher grade to the top of the fence where erected at grade and there is a grade difference between the two sides of the fence.

 1.4. Visibility Triangles

4.1       In the case of a corner lot, no person shall erect a fence or cause a fence to be erected that is greater than seventy-five centimetres (75 cm) in height at any point within a visibility triangle formed by measuring six metres (6 m) along the lot lines from the intersection of any two roads or at the intersection of two parts of the same road meeting at an angle of not more than one hundred and thirty-five (135) degrees;

4.2       In the case of any lot, no person shall erect a fence or cause a fence to be erected that is greater than seventy-five centimetres (75 cm) in height within a visibility triangle formed by measuring two metres     (2 m) along the lot line and a driveway, a pedestrian walkway or a bicycle pathway, at the intersection of the driveway, walkway or pathway and the lot line abutting the road.

1.5. Height Restrictions - Residential Property

5.1       Subject to Section 4, on residential property no person shall erect a fence or cause a fence to be erected that is higher than,

  1. one metre (1 m) in height in a yard, front, and
  2. two hundred and thirteen centimetres (213 cm) in height in any yard other than a yard, front.

5.2   Despite Section 5.1, in yards, side and yards, rear,

  1. gates may exceed the height restrictions by a maximum of thirty centimetres (30 cm),
  2. archways forming part of an entrance may exceed the height restrictions to a maximum of two hundred and fifty centimetres (250 cm), and
  3. decorative caps on structural posts may exceed the height restrictions to a maximum of fifteen centimetres (15 cm).

5.3       Despite Section 5.1, where a residential property abuts a collector road and where the grade level at the crown of the road is higher than the grade at the base of the fence, the maximum height restriction with respect to that portion of fence immediately contiguous to the highway shall be measured from the crown of the road to the top of the fence, but in no event shall such portion of the fence immediately contiguous to the road exceed a height of three metres (3 m) in a yard, rear or yard, side as measured from the base to the top of the fence.

1.6. Height Restriction- Non-Residential Property

6.1   On non-residential properties, no person shall erect a fence or cause a fence to be erected that is higher than three metres (3 m).

1.7. Height Restrictions - Privacy Screens

7.1  In a residential zone, other than land used for multiple attached dwelling units (townhouses), a privacy screen may be erected in a rear yard or side yard, provided:

  1. the privacy screen is located at least 1 metre from any property line,
  1. the maximum height of the privacy screen shall be 2.0 metres (6 feet, 5 inches) plus an additional 0.3 metres (1 foot) in height for each additional 0.3 metres (1 foot) that the privacy screen is set back from the permitted minimum zone setback as established in the Zoning by-law, to a maximum height of:

                  i. 2.6 metres (8 feet 5 inches) if erected at ground level, or

ii. 2 metres (6 feet 5 inches) above a deck or platform if erected on the deck or platform (measured from the floor or the deck or platform),

  1. the portion of any privacy screen exceeding 2.44 metres (8 feet) in height as measured from the ground shall be of at least 40% open construction,
  1. no privacy screen on a corner lot shall be closer to the road than the portion of the main building nearest to the road, and

e. no privacy screen shall exceed 9 metres (29 feet 5 inches) in length along any section of a fence or 12 metres (39 feet 25 inches) in total length;

7.2  In a residential zone used for multiple attached dwelling units (townhouses), privacy screens are not permitted, except upon a deck or platform in a rear yard provided:

a.  the maximum height of the privacy screen shall be 2 metres (6 feet 5 inches) measured from the floor of the deck or platform,

b. the maximum projection of a privacy screen from the building shall be 3.66 metres (12 feet),

c. the privacy screen shall be set back at least 0.9 metres (3 feet) from any property line other than a property line which is the extension of a common wall between two dwelling units, and

  1. no privacy screen on a corner lot shall be closer to the road than the portion of the building nearest the road.

1.8 Exemptions

8.1       Despite Section 5.1, where it is considered necessary for the health or safety of the public, the Director may permit the construction of a fence higher than the height specified in the by-law on residential property provided that the height of the fence does not exceed 2.5 metres and the height of the fence is necessary to ensure public safety. The exemption must be given in writing and duly filed in the property file.

8.2       The City may authorize a variance from this By-law by approval of the Director or by resolution of Council.

1.9. General Regulations

9.1  No person shall erect a fence or a privacy screen or cause a fence or privacy screen to be erected unless the fence or privacy screen is,

  1. stable,
  2. vertical,
  3. made of materials of good quality,
  4. suitable for the purpose, and
  5. constructed and supported in a manner commensurate with the     design of the entire fence.

9.2  Every person who erects a fence or a privacy screen or causes a fence or privacy screen to be erected shall keep such fence or privacy screen,

  1. in good repair,
  2. in a safe and structurally sound condition,
  3. free from accident hazards,
  4. protected by paint, preservative or other weather resistant material, except for wooden fences made of cedar, redwood or treated wood and
  5. as to not display logos, messages or graphics that promotes violence, hatred and discrimination and with gruesome pictures.

9.3   No person shall erect a fence or a privacy screen or cause a fence or a privacy screen to be erected,

  1. which is wholly or partly constructed of barbed wire, chicken wire or other barbed or sharp material,
  2. which contains a device for projecting an electric current, or
  3. in a manner that renders a swimming pool enclosure non-conforming with the requirements of the “Pool By-law” of the City.

9.4   No person shall erect a fence or cause a fence to be erected on City property, including any public highway.

9.5   No person shall erect a fence or cause a fence to be erected unless the fence is constructed and finished in such a manner so as to present the finished side thereof, as determined by the Director, toward the public street and any neighbouring property.

9.6    Despite paragraph (a) of Section 9.3, where required for the safety or protection of non-residential property, the portion of any fence above two hundred and fifty centimetres (250 cm) may be wholly or partially constructed of barbed wire.

9.7  Unsightly markings, stains or other defacements on the exterior surfaces of fences shall be removed and the surface shall be refinished when necessary.

9.8    No person shall erect or cause to be erected, on residential property or on lot lines of non-residential property abutting residential property, a chain link fence that is not vinyl or powder coated.

9.9  No person shall alter in any way the existing grades or drainage patterns of the premises, unless otherwise approved by the City Engineer. The finished grade shall comply with the approved lot grades or drainage patterns.

9.10  No person shall install a fence directly on a municipal infrastructure (catch basin, fire hydrant, standposts, etc.), or within any lands subject to an easement in favour of the City, without the prior written approval of the City Engineer, which approval may be withheld in the Engineer’s sole discretion, and if such approval is granted, a door or an opening shall be created to provide unobstructed access to the City infrastructure. The size and location of the opening must be approved by the City.

9.11 In the event that a fence or portion thereof is required to be removed, or becomes damaged by the City or its authorized agents in the exercise of the City’s rights pursuant to a registered easement upon which a fence has been erected (approved or otherwise), the City shall have no obligation to repair or replace such fence or compensate the owner of the fence in any manner whatsoever.  

1.10 Non-Application of By-law

10.1    Section 6 does not apply to a fence erected upon, or abutting land, which is used for a railway right-of-way, or for hydro, telephone or utility installations, or for public work installations which are hazardous to the public.

10.2    Sections 5 and 6 do not apply to a fence required by the City as a condition of a subdivision approval or site plan approval.

10.3    Section 5 and Section 6 do not apply to a fence erected to enclose a tennis court and any other public recreational facility, provided that the fence is of chain link construction.

10.4    The provisions of this by-law do not apply to a fence erected on lands used for an agricultural operation.

10.5    The provisions of this by-law do not apply to a noise barrier that received approval from the City Engineer.

1.11. Transition

 11.1    Nothing in this by-law shall prevent the continued use and maintenance of a fence if such fence was lawfully erected in conformity with the provisions of a previous fence by-law prior to the effective date of this by-law.

 11.2    Any exemptions approved under a previous fence by-law continue in force and shall be deemed to be issued under this by-law for regulatory and enforcement purposes.

1.12 General Prohibition

12.1    No person shall erect, own, or maintain, or cause or permit the erection or maintenance of any fence on private property in the City that does not comply with this by-law and any other applicable law.

12.2    No person shall install a fence on a common lot line of a semi-detached dwelling or a townhouse dwelling on a shared driveway.

12.3  No person shall erect a snow fence unless it is:

a. during the winter months (from November 15th to April 30th); or

b. to temporarily provide barricade for a public purpose.

12.4    No person shall erect a construction fence unless it is used to:

  1. enclose a current construction project;
  2. surrounds a temporary event; or

13. Inspection

13.1  The City may enter on land at any reasonable time for the purpose of carrying out an inspection to determine compliance with:

         a. this by-law; or,

         b. an order made under section 431 of the Municipal Act, 2001;

13.2  For the purposes of conducting an inspection pursuant to section 13.1 of this by-law, the City may:

a. require the production for inspection of documents or things relevant to the inspection,

b. inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts,

c. require information from any Person concerning a matter related to the inspection; and,

d. alone or in conjunction with a Person possessing special or expert  knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

14. Offence

14.1  Any person who contravenes any of the provisions of this by-law is guilty of an offence.

14.1    Where a fence has been erected and create a safety or health hazards, the Director may remove the fence at the expense of the Owner.

15. Penalties

15.1    Every person who is convicted of an offence is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chap. P. 33, as amended.

15.2    When a person has been convicted of an offence under this by-law,

  1. the Ontario Court of Justice; or
  2. any court of competent jurisdiction thereafter,

may in addition to any penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

16. Administration

This by-law shall be enforced by the Municipal Law Enforcement Officers of the City.

17.Repeal

That By-law 2002-09 is hereby repealed.

That Policy AMÉ-06-02 is hereby repealed.

Read a first time in open Council, this 6th Day of September, 2016

Guy Desjardins, Mayor

Monique Ouellet, Clerk

Read a second time in open Council, this 3rd Day of October, 2016 

Guy Desjardins, Mayor

Monique Ouellet, Clerk

Read a third time and passed in open Council, this 3rd Day of October, 2016

Guy Desjardins, Mayor

Monique Ouellet, Clerk

 

 Fire Routes - 2008-74 *

Whereas section 100 of the Municipal Act, 2001, Chap. c.25, provides that a local municipality may, in respect of land not owned or occupied by the municipality that is used as a parking lot, regulate or prohibit the parking or leaving of motor vehicles on that land without the consent of the owner of the land or regulate or prohibit traffic on that land if a sign is erected at each entrance to the land clearly indicating the regulation or prohibition;

And whereas the Council of the Corporation of the City of Clarence-Rockland deems it expedient to enact such a by-law designating fire routes along which no parking of vehicles shall be permitted and providing for the removal and impounding of any vehicle parked or left along any fire route so designated at the expense of the owner thereof;

Now therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions

Building or Structure

Means a building or structure situated in the City of Clarence-Rockland.

Municipal Law Enforcement Officer

Means a Peace Officer appointed under Section 15 of the Police Services Act to enforce by-laws.

Chief Building Official

Means the Chief Building Official who is appointed under Section 3(1) of the Ontario Building Code Act, responsible to enforce the Ontario Building Code or his authorized subordinates or assistants.

Engineer

Means the engineer for the City of Clarence-Rockland or his authorized subordinates or assistants.

Council

Means the Council of the Corporation of the City of Clarence-Rockland

Corporation

Means the Corporation of the City of Clarence-Rockland.

Fire Chief

Means a person appointed by council as the Chief of the Fire Department of the Corporation of the City of Clarence-Rockland or his authorized subordinates or assistants.

Fire Department

Means the Fire Department of the Corporation of the City of Clarence-Rockland.

Fire Route

Means any private access, route, road, way, lane, ramp, or other means of vehicular access to or egress from a building and it may include part of a parking lot that has been set aside for use by emergency vehicles.

Motor Vehicle

Includes an automobile, motorcycle and any other vehicle propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways, or other motor vehicles running only upon rails or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act, R.S.O. 1990, and amendments thereto.

Municipal Law Enforcement Officer

Means a Peace Officer appointed under Section 15 of the Police Services Act to enforce by-laws.

Municipal Clerk

Means the Municipal Clerk for the Corporation of the City of Clarence-Rockland or his authorized subordinates or assistants.

Owner of a building or structure

Means any person, firm or corporation controlling the property under consideration as designated in the Ontario Building Code Act, S.O. 1997. and amendments thereto.

Park or Parking

When prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

Sign, authorized

Means any sign or roadway, curb or sidewalk marking or other device placed or erected on a fire route under the authority of this by-law for the purpose of regulating, warning or guiding traffic or parking.

General provisions

a) Those fire routes listed in Schedule “A” to this By-law are hereby designated as fire routes.

Existing building or structures

a) Where a building or structure is in existence at the time of enactment of this by-law, the owner may apply, or on the written order of the Fire Chief, shall apply for approval of the designation of the required fire route, by filing with the Fire Chief an application together with a plan showing the fire route.

b) The plan to be filed pursuant to Subsection (a) hereof shall show and not limited to:

  • the location of every building and structure on the site;
  • the location of all pedestrian walks, parking areas, parking isles and driveways on the site;
  • the location of all fire hydrants; and
  • the proposed location of the fire route; and
  • the proposed location of each sign as specified in Section 6 of this by-law

c) Where an owner is served with an order of the Fire Chief as provided in subsection (a) hereof, the plans required to be filed by subsection (a) hereof, shall be filed within two (2) months from the date of service of the order which shall be deemed to have taken place on the day following the date of mailing thereof by registered mail or on the date of personal service on the owner.

d) Notwithstanding any of the other provisions of this by-law, where in the opinion of the Fire Chief a fire route is not required to ensure adequate means of access for fire fighting equipment, he may issue a certificate exempting a designated lot or site from the requirements of this by-law and such certificate may be made valid for either a specified or an indeterminate term and may be revoked at any time at the discretion of the Fire Chief.

e) Subject to subsection (f) hereof, every owner shall ensure that the required fire route is constructed on his property and connected to a public highway in accordance with the plans approved and the specifications set forth in the Ontario Building Code, and all such construction shall be arranged by and be at the expense of the owner.

f) Where an owner has been served with an order of the Fire Chief as provided in Section 3. a) the owner shall ensure that the fire route is constructed within six (6) months from the day of service of the order of the Fire Chief.

g) Upon receipt of the certificate of a Professional Engineer and the as-built plan, or after inspection and approval by the Chief Building Official, the Fire Chief shall, if the said plan confirms that construction of the route has taken place in compliance with this by-law approve the fire route, and submit the necessary information to Council for action for formal designation by by-law of the fire route.

Sign requirements

a) Upon designation of the fire route, the Fire Chief is hereby authorized and directed to notify the owner that he is required to erect or cause to be erected, inspected and maintained such signs, markings or barricades as are required to give effect to this by-law and as are required to regulate and govern traffic and parking.  In the event that the owner shall fail to erect the required signs as directed, the Fire Chief shall cause such signs to be erected at the expense of the owner and for such purposes may enter upon the lands of the owner.

b) The fire route signs shall:

  • be twelve (12) inches in width, and eighteen (18) inches in height;
  • bear the symbol “no parking” or graphic representation of a fire truck with the words “Fire Route” in black letters with a height of not less than three quarters (3/4) of an inch on white background with a red circle and red interdictory stroke: and
  • be placed at intervals of not less than twenty-five (25) feet or (7.6) meters and not more than seventy-five (75) feet or (22.8) meters along the fire route; and
  • one at each limit of the fire route; and
  • as otherwise directed by the Fire Chief; and
  • suitably mounted and displayed by the owner as directed by the Fire Chief.

 Where a part of a parking lot has been designated a fire route, the section so designated shall be identified by white lines not less than four (4) inches in width painted on the lot surface surrounding the boundary of the section and shall have the words “Fire Route No Parking” painted in white on the lot surface at each end of the section and within the section at intervals not less frequently than every fifty (50) feet.

Maintenance

The owner shall maintain the fire route and all required signs at all times:

a) in good repair;

b) clear of snow and ice, and

c) free of blockage by any means.

Access control

a) Where an owner has provided a fire route for the sole purpose of a fire route, he may, with the prior approval of the Fire Chief, control the entry of vehicles to the said fire route by one of the following methods:

  • break-away spot-welded iron posts;
  • a chain between posts provided said chain contains not fewer than two pull-apart of breakable links;
  • wooden posts not less than fifteen (15) feet apart and connected by a wooden barrier colored yellow with diagonal black bars painted thereon;
  •  a sign indicating authorized vehicles only; and
  • no person shall drive a motor vehicle in a fire route when entry is prohibited or as per this section.

Exemption

a) Police, Fire and Municipal Law Enforcement vehicles are exempt from provisions of the by-law while engaged in the performance of their duties. 

Enforcement

a) The Municipal Law Enforcement Service is responsible for enforcing this By-law.

Liability

a) Any person erecting or maintaining any sign or sign structure shall be liable for such sign or sign structure. The City is not responsible for such sign or sign structure and is not responsible for any claim for damages, loss, expense or otherwise arising from the erection, maintenance, removal or falling of such sign, sign structure, or part thereof.

Offences and penalties

  • No person shall park or leave a vehicle in any area designated by a sign as a fire route.
  • Parking infraction notices may be issued by the Municipal Law Enforcement Officer alleging commission of a parking offence for contravention of the provisions of this by-law.
  • Every person who contravenes any provisions of this by-law is guilty of an offence and is subject to the provisions of the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, and amendments thereto.
  • In addition to any other penalties provided by this by-law, upon discovery of such vehicle parked or left unattended in contravention of the provisions of this by-law, the Municipal Law Enforcement Officer may cause such vehicle to be moved or taken to and placed in another location and all costs and charges for the removal and storage thereof, if any, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, and amendments thereto.

Prohibition order

When a person has been convicted of an offence under this by-law:

a) the Ontario Court of Justice, or

b) any court of competent jurisdiction thereafter,

may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the doing of an act or thing by the person convicted directed toward the continuation of the offence.

Severability

a)If a court of competent jurisdiction declares any provision or part of a provision of this by-law to be invalid or of no force and effect, it is the intention of the Council, in enacting this by-law, that each and every other lawful provision of this by-law be applied and enforced in accordance with its terms to the extent possible according to law.

By-law repealed

a)      By-law Number 2002-39 is hereby repealed.

By-law to take effect

a)      This by-law shall come into force and take effect on July 1st, 2008.

Read, done and passed in open council this 12th day of may 2008.

Richard Lalonde, Mayor                                                                   

Daniel Gatien, Clerk

 Fireworks - 2007-45

Being a by-law to respecting the sale and the setting off of fireworks within the City of Clarence-Rockland.

Whereas the Municipal Act, S.O. 2001, Chapter C-25, Section 121, allows municipalities to prohibit and regulate the sale and setting of fireworks;

And whereas the council of the Corporation of the City of Clarence-Rockland deems it expedient to enact such by-law;

Now therefore the council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions

1. in this by-law,

"Act" means the Explosives Act, Revised Statutes of Canada, 1985, Chapter E-17, and the regulations enacted thereunder as amended from time to time or any act and regulations enacted in substitution therefore;

"City" or "City of Clarence-Rockland” means the municipal corporation of the City of Clarence-Rockland or the geographic area of the City of Clarence-Rockland as the context requires;

"Consumer Firework" means an outdoor, low hazard, recreational firework that is classed as a subdivision 1 of division 2 of class 7 fireworks under the act and includes fireworks showers, fountains, golden rain, lawn lights, pin wheels, roman candles, volcanoes, and sparklers but does not include Christmas crackers and caps for toy guns containing not in excess of twenty-five one-hundredths of a grain of explosive used per cap;

"Discharge" means to fire, ignite, explode or set off or cause to be fired, ignited, exploded or set off and the words "discharged" and "discharging" have a similar meaning;

"Display Firework" means an outdoor, high hazard, recreational firework that is classed as a subdivision 2 of division 2 of class 7 fireworks under the act, and includes rockets, serpents, shells, bombshells, tourbillions, maroons, large wheels, bouquets, bombardos, waterfalls, fountains, batteries, illumination, set pieces and pigeons but does not include firecrackers;

"Fire Chief" means the chief of Fire Services of the City or authorized subordinates;

"Firecracker" means a pyrotechnic device that explodes when ignited and does not make any subsequent display or visible effect after the explosion, and includes those devices commonly known as Chinese firecrackers;

"Fireworks" means display fireworks, pyrotechnic special effects fireworks and consumer fireworks;

"Fireworks Supervisor" means a person who is an approved purchaser of display fireworks and who is qualified under the act to supervise the discharge of display fireworks;

"FPPA" means the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, and the regulations enacted thereunder as amended from time to time or any act and regulations enacted in substitution therefor;

"Prohibited Firework" includes but is not limited to cigarette loads or pings, exploding matches, sparkling matches, ammunition for miniature tie clip, cufflink or key chain pistols, auto alarms or jokers, cherry bombs, m-80 and silver salutes and flash crackers, throw down torpedoes and crackling balls, exploding golf balls, stink bombs and smoke bombs, tear gas pens and launchers, party peppers and table bombs, table rockets and battle sky rockets, fake firecrackers and other trick devices or practical jokes as included on the most recent list of prohibited fireworks as published from time to time under the act;

"Pyrotechnician" means a person who is certified under the act as a theatrical user, an assistant, a pyrotechnician or a special effects pyrotechnician and is qualified to purchase and supervise the display of pyrotechnic special effect fireworks under the act;

"Pyrotechnic Special Effect Firework" means a high hazard firework that is classed as a subdivision 5 of division 2 of class 7 firework under the act and that is used to produce a special pyrotechnic effect for indoor or outdoor performances and includes black powder bombs, bullet effect, flash powder, air bursts, smoke compositions, gerbs, lances and wheels; and

"Sell" includes offer for sale, cause or permit to be sold and to possess for the purpose of sale and the words "selling" and "sold" have a similar meaning.

Interpretation

2. In this by-law:

Words importing the singular number only include more persons, parties or things of the same kind than one and the converse, and a word interpreted in the singular number has a corresponding meaning when used in the plural.

Sale of fireworks and firecrackers

3.   (1) No person shall sell any firecrackers.

      (2) No person shall sell any prohibited fireworks.

      (3) No person shall sell consumer fireworks except on the following days:  Victoria Day, St-Jean          Batiste Day, Canada Day and New Year’s Day and each of the seven business days immediately    preceding Victoria Day, St-Jean Batiste, Canada Day and New Year’s Day. 

      (4) Every person in charge of a store shall ensure that fireworks displayed in store    windows shall be mock samples only and not contain explosive composition.

Discharge of firecrackers and prohibited fireworks

4.  (1) No person shall discharge any firecrackers.

     (2) No person shall discharge any prohibited fireworks.

Consumer fireworks

5.  (1) No person shall discharge consumer fireworks except on the following days:

      a) Victoria Day, the day immediately preceding Victoria Day, the day immediately following Victoria             Day;

      b) St-Jean Batiste Day, the day immediately preceding St-Jean Batiste Day, the day immediately        following the St-Jean Batiste Day; and

      c) Canada Day, the day immediately preceding Canada Day, or the day                              immediately following Canada Day.

      d) New Year’s Day, the day immediately preceding New Year’s Day, or the day immediately following New Year’s Day.

     (2) A person eighteen (18) years of age or older may hold a display of consumer fireworks on any land belonging to him or her or on any other privately owned land where the owner thereof has given permission for such display or discharge of fireworks.

     (3) No person shall discharge any consumer fireworks in such a manner as might create danger or constitute a nuisance to any person or property, or to do or cause or allow any unsafe act or omission at the time and place for the discharging of any fireworks.

     (4) No person shall discharge any consumer fireworks in or into any building, doorway, or automobile.

     (5) No person shall discharge any consumer fireworks in or on or into any highway, street, lane, square or other public place.

     (6) No person under the age of eighteen (18) years shall discharge any consumer fireworks except under the direct supervision of and control of a person eighteen years of age or over.

     (7) No person being the parent or guardian of any person under the age of eighteen (18) years shall allow the person to discharge any consumer fireworks except when such parent or guardian or some other responsible person of eighteen (18) years of age or over is in direct supervision and control.

Display Fireworks

6. No person or group of persons shall hold a display of display fireworks in the City of Clarence-Rockland without first having obtained a permit to do so issued by the Fire Chief.

7. Every application for a permit shall be made to the fire chief a minimum of 30 days prior to the event when the proposed discharge of display fireworks is to occur.

8. Every application for a permit shall include:

     a)  A description of the event including,

     i)   The date and time of the proposed discharge of display fireworks,

     ii)   The type and kind of display fireworks that may be discharged,

     iii)  The discharge techniques to be used,

     iv)  The manner and means of restraining unauthorized persons from attending too near the discharge site,

     v)  The manner in which unused display fireworks are to be disposed of, and

     vi) The number of persons authorized to handle and discharge the display       fireworks;

     b)  A site plan providing a description of the discharge site to be used for the discharging of the display fireworks;

     c)  A description of the fire emergency procedures;

     d)  The name and address of the applicant and the sponsoring organization, if applicable;

     e)  Proof of certification of the applicant as a fireworks supervisor;

     f)  Proof of the consent of the owner of the property to the discharge of display fireworks in writing;

     g)  A processing fee of $30.00;

     h)  Proof of insurance and indemnification in accordance with sections 10 and 11;                            and

      i) Such other information as required by the fire chief.

9.  An applicant for a permit is, subject to the provisions of this by-law, entitled to be issued the permit, except where:

     a) The application is incomplete,

     b) The applicant is not a fireworks supervisor,

     c)  The display is not being held under the auspices of an established club, association or group of persons,

     d)  The purpose of the display is not of civic, national or international significance,

or not of special significance for particular interest groups, or

     e)  There are reasonable grounds for belief that the holding of the display fireworks will result in a breach of this by-law or the act.

Insurance

10.  The applicant shall provide and maintain commercial general liability insurance subject to limits of not less than five million dollars ($5,000,000.00) inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. such insurance shall be in the name of the applicant and shall name the City of Clarence-Rockland as an additional insured thereunder. such insurance shall include permission to conduct displays of pyrotechnic special effects fireworks or display fireworks. such insurance policy shall contain an endorsement to provide the City of Clarence-Rockland  with (30) days prior written notice of cancellation or of a material change that would diminish coverage, and a certificate of insurance evidencing such insurance coverage shall be provided to the City of Clarence-Rockland  prior to the issuance of a permit.

Indemnification

11. The applicant shall indemnify and save harmless the City of Clarence-Rockland from any and all claims, demands, causes of action, loss costs or damages that the City of Clarence-Rockland may suffer, incur or be liable for resulting from the performance of the applicant as set out in the by-law whether with or without negligence on the part of the applicant, the applicant's employees, directors, contractors and agents.

Conditions applying to permit

12. The fire chief may issue permits for displays of fireworks on the conditions set forth in section 13, and each such permit shall state the name of the sponsoring club, association or group, the purpose of the display, the place and date at which the same may be held, and the name of the person under whose supervision the display shall be held.

13. The following conditions shall apply to the holding of a display of display fireworks under a permit issued under this by-law:

     a) The permit is valid only for the display at the place and on the date or dates set        forth in the permit,

     b) The permit holder shall supervise the display of display fireworks,

     c) The permit holder shall discharge the display fireworks,

     d) Every permit holder shall provide and maintain fully operational, fire extinguishing equipment ready for immediate use, and

     e) The permit holder shall comply at all times with the provisions of the act, FPPA and the Display Fireworks Manual published by Natural Resources Canada or any successor publication.

14.  No permit holder shall discharge display fireworks except in accordance with the conditions of the permit.

15. The permit holder holding the display of display fireworks shall ensure that all unused fireworks and all debris are removed.

Pyrotechnic special effects fireworks

16.  (1) No person or group of persons shall hold a display of pyrotechnic special effect   fireworks in the City of Clarence-Rockland without first having obtained a permit to do so issued by the fire chief.

       (2) No person or group of persons shall discharge any pyrotechnic special effect   fireworks in the City of Clarence-Rockland, without first having obtained a permit issued by the fire chief authorizing the display of pyrotechnic special effect fireworks.

17.  Every application for a permit pursuant to section 16 shall be made to the fire chief a minimum of 30 days prior to the event where the proposed discharge of pyrotechnic special effect fireworks is to occur.

18.  Every application for a permit shall include:

     a) a description of the event including,

            i) a site plan of the facility and room capacity, the stage and the pyrotechnic special effect   fireworks storage area,

            ii) a list of all the pyrotechnic special effect fireworks to be employed,

            iii) location of all pyrotechnic special effect fireworks,

            iv) height, range of effect, fallout and duration of the display of pyrotechnic special effect fireworks,

            v)  sequence of firing,

            vi)  location of the audience and all exits, and

            vii) date and time of the proposed event using pyrotechnic special effect fireworks;

     b)  Description of fire emergency procedures;

     c)  Name and address of the applicant and the sponsoring business or organization, if applicable;

     d)  Proof of certification of the applicant as a pyrotechnician;

     e)  Proof of insurance and indemnification in accordance with sections 10 and 11;

     f)   Proof of consent of the owner of the property to the discharge of pyrotechnic special effect fireworks in writing if the applicant is not the owner of the property;

          a processing fee of $30.00; and

     g)  Such other information as required by the fire chief.

19. An applicant for a permit is, subject to the provisions of this by-law, entitled to be issued the permit, except where:

     a)  The application is incomplete,

     b)  The applicant is not a pyrotechnician under the act, or

     c)  There are reasonable grounds for belief that the holding of the display fireworks will result in a breach of this by-law, the FPPA or the act.

Conditions applying to permit

20. The fire chief may issue permits for displays of pyrotechnic special effect fireworks on the conditions set forth in section 21 and each such permit shall state the name of the sponsoring business, club, association or group, the purpose of the display, the place and date at which the display may be held, and the name of the pyrotechnician under whose supervision the same shall be held.

21. The following conditions shall apply to the holding of a display of pyrotechnic special effect fireworks under a permit issued under this by-law:

     a)  The permit is valid only for the display at the place and on the date or dates set forth in the permit,

     b)  The permit holder shall supervise the display of pyrotechnic special effect fireworks,

     c)  The permit holder shall discharge the pyrotechnic special effects fireworks,

     d)  The permit holder shall provide and maintain fully operational, fire extinguishing equipment ready for immediate use, and

     e)  The permit holder shall comply at all times with the requirements of the act, FPPA and the  Pyrotechnics Special Effects Manual published by Natural Resources Canada or any successor publication.

22. No permit holder shall discharge pyrotechnic special effect fireworks except in accordance with the conditions of the permit.

23. The permit holder holding the display of pyrotechnic special effect fireworks shall ensure that all unused fireworks and all debris are removed.

General requirement

24. Every holder of a display fireworks or pyrotechnic special effect fireworks permit shall produce his or her permit upon being so directed by the fire chief.

Offences and penalties

25.  (1) Every person who contravenes any of the provisions of this by-law is guilty of an offence.

       (2) Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offenses Act, R.S.O. 1990, Chapter P.33.

Severability

26.  If any section or sections of this by-law or parts thereof are found in any court of law to

      be illegal or beyond the power of council to enact, such section or sections or parts

      thereof shall be deemed to be severable and all other sections or parts of this by-law shall

      be deemed to be separate and independent there from and to be enacted as such.

Effective date

27. This by-law shall come into effect on the 9th day of April, 2007.

Read, done and passed in open council, this 9th day of April, 2007.

Richard Lalonde, Mayor                                                       

Daniel Gatien, Clerk

 Garage sale - 2001-23

Whereas Under The Provisions Of The Municipal Act, R.S.O. 1990, chapter m-45,  section 257.2(1),  and amendments thereto, the council of a municipality may pass by-laws with respect to  licensing and regulating of any business carried on within the municipality;

And whereas council deems it necessary to adopt such a by-law.

It is therefore hereby enacted as follows:

Definitions

  1. (a) “business” means a trade, business or occupation and includes the sale or hire of goods or services on an intermittent or one-time basis, the showing for the purpose of sale or hire of samples, patterns or specimens of any goods and shall include exhibitions held for hire and gain;

     (b) “municipal law enforcement officer” means a municipal law enforcement officer appointed under section 15 of the Police Services Act to enforce by-laws;

     (c) “property” means any private or public land including yards or vacant lots 

     (d) “special sale” means any sale or intended sale at retail that represents, holds out or advertises that any goods, wares or merchandise are to be disposed of in a manner that is not in the ordinary course of retail business commonly known as but limited to  “garage sales” or “yard sales”.

All other definitions will be as provided for in the applicable Zoning By-Law.

General Provisions

1. No person shall conduct or operate a special sale within the limits of the City of Clarence-Rockland without first obtaining a licence from  a municipal law enforcement officer of the City of Clarence-Rockland.

2. The licence may be issued to the owners and/or tenants occupying the property on a full-time basis within the limits of the City of Clarence-Rockland upon completion of the necessary form.

3. Special sales shall be permitted for a maximum period of four (4) days per year per property, unless otherwise permitted by the council of the Corporation of the City of Clarence-Rockland.  

4. The permit shall be free of charge.

5. Every permit shall be personal to the permit holder and shall not be transferable.

6. A special sale shall be deemed to be a business for purposes of the Municipal Act and any other act that contains provisions with respect to the licensing, revoking of a licence, regulating, governing, prohibiting or limiting of any business or the person carrying on or engaged in it.

7. The municipal law enforcement officer of the City of Clarence-Rockland shall be responsible for the administration and the enforcement of the provisions of this by-law.

Penalties

1. Every person who contravenes the provisions of this by-law is guilty of an offence and is liable, upon conviction, to a fine as provided for under the Provincial Offences Act, R.S.O. 1990, chapter 33, and amendments thereto.

2. In addition to imposing a fine, a court of competent jurisdiction may, upon conviction of an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

Severability

If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part thereof shall not be construed as having persuaded or influenced council to pass the remainder of this by-law and it is hereby declared that the remainder of this by-law shall be valid and shall remain in force.

By-law repealed

By-law number 1997-043 of the former Town of Rockland is hereby repealed.

By-law to take effect

This by-law shall take force on the day it is adopted by Council of the City of Clarence-Rockland.

Read a first, second and duly passed upon the third reading, this 10th day of April, 2001.

Jean Pierre Pierre, Mayor                

Daniel Gatien, Clerk

 

 Graffiti - By-Law 2021-60

A by-law of the City of Clarence-Rockland to prohibit the placement of graffiti on property and to require property be kept free of graffiti.

Whereas the Municipal Act, 2001, S.O. 2001, c.25, as amended provides that a municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council are or could become public nuisances;

And whereas in the opinion of the council of the City of Clarence-Rockland, graffiti is a public nuisance;

Therefore, the council of the City of Clarence-Rockland enacts as follows:

Definitions

1.     In this by-law,

“City” means the municipal corporation of the City of Clarence-Rockland or the geographic area of the City of Clarence-Rockland as the context requires;

“Customer Service Box” means either a publication distribution box or a courier drop box;

“Courier Drop Box” means an unattended box into which any member of the general public may deposit letters or parcels to be delivered by courier companies;

“Director” means the director of by-law department of the City of Clarence-Rockland or authorized assistants or By-law Officers;

“Graffiti” means one or more letters, symbols, etchings, figures, inscriptions, stains howsoever made or otherwise affixed to a property or other markings that disfigure or deface a property but does not include a mural sign permitted in accordance with any signs by-law, adopted by the City of Clarence-Rockland;

“Interior Space” includes an interior wall, ceiling, floor and any other partition that defines the interior space of a property;

“Mural Sign” means a decorative mural that is painted directly onto the exterior fabric of a building and that serves as an expression of public art;

“Officer” means a police officer or municipal law enforcement officer appointed by the council of the City of Clarence-Rockland to enforce the provisions of this by-law;

“Owner” includes,

 a)     The person who for the time being is managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person’s own account or as agent or trustee of any other person, who would receive the rent if the land and premises were let;

b)   The lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property;

“Property” means a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures including customer service boxes and courier drop boxes, out-buildings, fences and erections thereon whether heretofore or hereafter erected, and includes vacant property.

Interpretation

1) The rules in this section apply to this by-law, unless a contrary intention is evident from the context.

2)   Unless otherwise defined, the words and phrases used in this by-law have their normal and ordinary meaning.

3)   This by-law is gender-neutral and, accordingly, any reference to one gender includes the other.

4)   Words in the singular include the plural and words in the plural include the singular.

5)   It is declared that any section, subsection or part thereof be declared by any court of law to be bad, illegal or ultra vires, such section, subsection part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

6)   Headings are inserted for convenience of reference purposes only, form no part of this by-law and shall not affect in any way the meaning or interpretation of the provisions of this by-law.

Interior Space

1.     This by-law does not apply to an interior space on a property or to a thing located entirely within the interior space on a property.

Graffiti Prohibited

1.     No person shall place or cause or permit graffiti to be placed on property.

2.     No owner of property shall fail to maintain such property free of graffiti.

Notice to Comply

1.     An officer who finds a contravention of this by-law may give written notice to the owner of the property requiring compliance with this by-law within the time period specified in the notice but not sooner than 7 calendar days after the notice is given.

2.     The notice may be served personally on the person to whom it is directed or by registered mail to the last known address of that person, in which case it shall be deemed to have been given on the third day after it was mailed.

3.     If there is evidence that the owner in possession of the property is not the registered owner of the property, the notice shall be served on both the registered owner of the property and owner in possession of the property.

4.     If the address of the owner is unknown or the city is unable to effect service on the registered owner or the owner, a placard stating the terms of the notice is placed in a conspicuous place upon the land on or near the property shall be sufficient notice to the owner.

Failure to Comply

1.   No person shall fail to comply with a notice given under section 6 of this by-law.

Removal of Graffiti

1.   If the owner fails to comply with a notice, the director of by-law department or persons acting upon his or her instructions, may enter upon the lands at any reasonable time for the purposes of carrying out the work described in the notice.

2.   Costs incurred by the city in doing the work required to be done by the notice may   be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.

Offences and Penalties

1) Every person who contravenes any of the provisions of this by-law is guilty of an offence.

2) Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended.

3)   When a person has been convicted of an offence under this by-law,

        a) The Ontario Court of Justice, or

        b) Any court of competent jurisdiction thereafter, may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

Short Title

This by-law may be referred to as the “Graffiti Management By-law”

Read, done and passed in open council, this 14th day of May 2012.                

Marcel Guibord, Mayor                                            

Monique Ouellet, Clerk

 Lodging houses - 2000-94

Being a by-law to license, regulate and govern lodging houses (commonly known as group homes or retired homes) and keepers of lodging houses.

Whereas pursuant to the Municipal Act, R.S.O. 1990, Chapter M. 45 sections 257.2 and 257.3 and amendments thereto, Councils of municipalities may enact by-laws for licensing, regulating and governing lodging houses and the keepers of lodging houses and for revocation of any such licenses.

And whereas the Council of the Corporation of the City of Clarence-Rockland deems it expedient to enact such a by-law for the aforementioned purposes.

Now therefore be it enacted:

Definitions

  1. “Local Board of Health” means the Eastern Ontario Health Unit which has been established for the Corporation of the City of Clarence-Rockland of the United Counties of Prescott and Russell.
  2. “City of Clarence-Rockland” means the Corporation of the City of Clarence- Rockland.
  3. “Lodging house” means any building in which five or more persons are harbored, received or lodged for hire, but shall not include a hotel, hospital, nursing home, home for the young or aged, or institution if such is licensed, approved or supervised under any other general or special act.
  4. “Keeper” means any person who, for the time being, is licensed to keep a lodging house.
  5. “Social Services” means the Social Services Department of the United Counties of Prescott and Russell.
  6. “Person in Need” means:

(i)  a person eligible for benefits under the Family Benefits Act, R.S.O. 1990, Chapter F.2, as amended and the regulations thereunder; or

(ii) a person eligible for general assistance under the GeneralWelfareAssistance Act, R.S.O. 1990, Chapter G.6, as amended and the regulations thereunder; or

(iii) a person whose daily income, as determined by the Social Services Department in accordance with the General Welfare Assistance Act, by reason of financial hardship, inability to obtain regular employment, lack of a principal family provider, illness, disability or old age, is less than the per diem cost of providing residential care services to a resident;

7. “Resident” means a person, other than the operator or staff, over the age of 18 years, accommodated in a Hostel;

8. “Residential Care” means the supervision of and, where required, assistance with the routines of daily life, including assistance in providing access to social and recreational services, which is made necessary due to the effects of advanced age or disability of the body or mind, and given to a resident having the following characteristics:

(i)  independent mobility, which may include mobility derived from mechanical aids or a wheelchair;

(ii) a medical condition which is stabilized or under clinical control by means of a standardized treatment in the nature of maintenance, preventive services and the taking of medication.

General provisions

2. No person shall operate or be the keeper of a lodging house within the City of Clarence- Rockland without having first obtained a license from the City of Clarence-Rockland.

3. No license shall be issued unless the applicant provides the Eastern Ontario Health Unit with:

  • a certificate of an officer authorized to inspect buildings under The Fire Marshals Act certifying that the premises have been inspected by him within three (3) months of the date of application and that they are reasonably safe from fire hazard; and
  • a certificate of the District Medical Officer of Health certifying that the premises have been inspected by him or his representatives within three (3) months of the date of the application, and that, in his opinion, they are in reasonable compliance with the requirements of this by-law;
  • a certificate of the Building Inspector certifying that the premises have been inspected by him or his representative within three (3) months of the date of the application, and that, in his opinion, they are in reasonable compliance with the requirements of the Ontario Building Code;
  • a letter from the City certifying that the Operator meets municipal zoning by-laws requirements as amended and all other municipal by-laws regarding hostels;
  • Form “CAP 30" when required by the Ministry of Community and Social Services of Ontario shall be duly filled out by the Operator.
  • a manual which identifies an Emergency Plan and policies and procedures in case of infectious disease or outbreak.

4. No license shall be issued by the City of Clarence-Rockland before approval has been received from the Eastern Ontario Health Unit.

5. Licenses shall be issued upon the payment of a fee of $65.00 per year in respect of a location and the person licensed under this by-law shall be subject to the provisions of this by-law and shall not use any such license for a different location or for any purpose other than for which it was issued.

6. Each license shall be issued in respect of a definite number of persons and the person licensed shall not permit any greater number of persons than the number provided in the license to be harbored, received or lodged for hire at the location in respect of which the license was issued.

7. The keeper shall not permit any lodger to occupy for sleeping purposes any space in a building used as a lobby, hallway, closet, bathroom, stairway, kitchen, nor any room having a floor area of less than seventy-five (75) square feet, nor any room the floor of which is more than four (4) feet below the finished grade of the land adjoining the building.

8. No room shall be utilized for sleeping purposes unless such room has a minimum floor area of seventy-five (75) square feet and at least six hundred (600) cubic feet of air space for each occupant.

9. The keeper shall not permit any room in such lodging house to be used for sleeping purposes unless it contains a window opening directly to the outside air, which window shall be glazed, shall not be less than ten per centum of the floor area of the room in size, shall be provided with suitable hardware and be capable of being opened to the extent of not less than five per centum of the floor area of such room or provided the room is ventilated by natural or mechanical means satisfactory to the Medical Officer of Health.

10. The keeper shall regulate and control the lodging house so that it shall not be a nuisance to the owners or occupants of premises in the vicinity thereof, and shall take such action as may be necessary to prevent any noise, disturbance or trespass by lodgers of the lodging house which might interfere with the quiet and peaceful enjoyment of such premises.

11. The keeper of a lodging house shall provide and maintain a sufficient number of employees to ensure proper personal care of the lodgers at all times and adequate housekeeping, including the preparation and serving of meals and proper cleaning of rooms and equipment.

12. The keeper shall maintain the lodging house in a thoroughly clean, safe and sanitary condition and, without limiting the generality of the foregoing, he shall:

  • keep the cellar of the building well drained and the whole building ventilated;
  • keep the building weatherproof, free from dampness, adequately heated and keep all heating equipment in good repair;
  • keep all parts of the building free from rubbish, garbage, ashes, flammable materials and other debris;
  • in lodging houses where meals are served, maintain adequate kitchen equipment and facilities to ensure the proper storage, preparation and protection of food;
  • take whatever steps are necessary to keep the building free from vermin, insects and pests.

13. Every applicant for a license shall submit to the Eastern Ontario Health Unit the following information:

  • the name and address of the applicant;
  • the location of the premises for which a license is sought;
  • the number of bedrooms available for lodgers;
  • the maximum number of persons whom the applicant proposed to accommodate at any one time;
  • the number of bathtubs or showers, wash basins and water closets in the premises sought to be licensed;
  • such other information as the Eastern Ontario Health Unit may require from time to time.

14. The Eastern Ontario Health Unit may, at their discretion, require periodical inspections of the lodging houses, either by officers of the local Board of Health or by an officer authorized to inspect buildings under The Fire Marshals Act.

15. The Eastern Ontario Health Unit shall have the right to determine the number of persons whom it may consider advisable to accommodate in the building in respect of which the license is to be issued.

16. Every owner or keeper of a lodging house shall permit officials of the Eastern Ontario Health Unit to examine the premises from time to time.

17. A license issued to one person can not be transferred to another person and any person acquiring a lodging house from a licensed keeper shall apply to the City of Clarence- Rockland for a new license before completing his or her purchase.

18. The City of Clarence-Rockland may at any time revoke any license issued under this by-law and notice thereof shall be given by registered mail to the license holder at the address in respect of which the license was issued. If, in the opinion of the Medical Officer of Health and/or Fire Prevention Officer, the keeper of Lodging House is in contravention of providing adequate care and safety procedures to its occupants, the Medical Officer of Health may proceed with the revocation of the Lodging Home License and recommend that funding, by the office of Social Services be withheld until such time as the keeper complies with the regulations required under the Lodging House By-law.

19. All licenses issued by the City of Clarence-Rockland shall expire on the 30th day of September of each year.

20. No license shall be issued to operate a lodging house if the operation of the same does not comply with any local, provincial, federal laws, or by-laws of the City of Clarence-Rockland.

21. Medical Care

   1. Notwithstanding a resident’s right to retain his or her own physician at all times, the operator shall retain a physician who agrees to assume responsibility for the health care of all residents.

   2. The operator shall keep a file with respect to each resident in which the following information is listed:

(i)  name;

(ii) age;

(iii) sex;

(iv) address and telephone number of next-of-kin;

(v) former place of residence;

(vi) date and nature of recent hospital admission;

(vii) special health requirements (diet, activity, aids, etc.) and pertinent medical history;

(viii) a list of all medication prescribed and orders made by physicians;

(ix) funeral pre-arrangements.

22. Personal Care

  1. Residents requiring minimal, short term bed care should have an access to the Service of the Community Care Access Centre for the Eastern Counties (C.C.A.C.)
  2. If a resident’s condition deteriorates or if he/she requires more than one and a half hour of nursing care a day, he/she shall be referred to a more appropriate facility where his/her care needs can be met. In the interim period, no reasonable effort shall be spared to ensure the resident’s safety and well being.
  3. Residents showing signs of being potentially dangerous to themselves should be provided with appropriate care or surveillance as deemed necessary and without limiting their basic human rights.

23. Medication Control

  1. Residents should administer their own medications according to the doctor’s orders.
  2. Any person who has been trained and qualified by a physician or a registered nurse to administer insulin may administer same to residents requiring such injections. Any other injections should be administered in accordance with the Health Disciplines Act by qualified registered professionals.
  3. Where residents require medication to be administered, this shall be done under the control of the lodging house staff who shall be responsible for the storage and safekeeping of all medication.

24. Healthy Lifestyles

Food preparation and intake should be in accordance with the Canada Food Guide to ensure a healthy status and an adequate caloric value for body requirement.

Common areas should be smoke free, and non-smokers shall not be accommodated in the same room as smokers. A smoking room, if separately ventilated to the outside, may be made available to residents who wish to smoke.

25. Occupational and Physical Activities

The Operator should ensure that occupational and physical activities are planned, organized and implemented for the physical and psycho-social well being of the residents.

26. Personal Hygiene and Safety

  1. Toilet facilities shall be provided in the following ratio:

(i)  1 water closet/wash basin per 8 occupants

(ii) 1 tub or shower per 8 occupants

2. There shall be sufficient linen supplies provided to ensure that bed linen is changed at least once a week and more often if required.

3. Each resident shall be provided with a separate clothes closet.

4. (i)  All bathrooms shall have readily accessible handrails alongside the toilets and bathtubs.

(ii)     A small stepping stool shall be placed beside the toilets and bathtubs.

(iii)    Non-skid material shall be provided on the bottom of all bathtubs.

27. The Medical Officer of Health of the Eastern Ontario Health Unit shall be the person authorized to have the provisions of this by-law respected.

Penalties

28. (a)  Any person who contravenes any provision of this by-law is guilty of an offence and is subject to the penalty provisions of the General Welfare Assistance Act, R.S.O. 1990, Chapter G.6, as amended.

Prohibition Order

29. In addition to imposing a fine, a Court of competent jurisdiction may, upon conviction of an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

Severability

30. It is declared that if any section, subsection or part(s) thereof be declared by any court of law to be bad, illegal or ultra virus, such section, subsection or part(s) shall be deemed to be separate and independent and enacted as such.

Interpretation

31. In this by-law, words importing the singular number or masculine gender shall only include more persons, parties or things of the same kind than one, and females as well as males and the converse.

By-Law To Take Effect

32. This by-law shall take force and effect on the passing thereof and the provisions of any previous by-laws heretofore passed inconsistent with the foregoing are of any previous by- laws heretofore passed inconsistent with the foregoing are hereby repealed.

Read a first, second and duly passed upon the third reading, this 9th day of January, 2001.

Mayor, Jean-Pierre Pierre

Clerk, Daniel Gatien

 Loitering - 2007-06

Being a by-law to prohibit loitering on any highways, sidewalks, public places andparks.

Whereas section 128.(1) of the Municipal Act S.O. 2001, C.25, provides authority for a local municipality to prohibit and regulate with respect to public nuisances, including matters that in the opinion of council, are or could become public nuisances.

And whereas the Council of the Corporation of the City of Clarence-Rockland deems it necessary and desirable to pass a by-law to prohibit loitering and like practices on highways, sidewalks, on any public places or parks of the Corporation;

Now therefore the Council of the Corporation of the City of Clarence-Rockland hereby enacts as follows;

Definition and interpretation

In this By-law:

  1. “Child” means a person who is or, in the absence of evidence to the contrary, appears to be under the age of (12) twelve years old.
  2. “Corporation” means the Corporation of the City of Clarence-Rockland.
  3. “Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, the general public for the passage of vehicles and includes the area between the lateral property lines thereof.
  4. “Loiter” means to pause idly, loaf, linger around to pass time or hang out.
  5. “Municipal Law Enforcement Officer” means a peace officer for the purpose of enforcing municipal By-laws, as defined for under the Police Services Act.

6. “Parent” includes, in respect of another person, any person who is under a legal duty to provide for that other person or any person who has, in law or in fact, the custody or control of that other person.

7. “Park” means an area consisting largely of open space, which may include a recreational area, play ground, play field or similar use but does not include a mobile home park, a campground or trailer park.

8. “Young Person” means a person who is or in the absence of evidence to the contrary, appears to be twelve years of age or more, but under (18) eighteen years of age.

General Interpretation

  1. (a) No person shall lounge, loaf, loiter or stand as an idler on any public sidewalk or any highway or any public place.

      (b) No person shall loiter, stand as an idler or remain in a park of the corporation without due cause in excess of ten (10) minutes.

      (c)  No person shall loiter, stand as an idler or remain in a park of the corporation without due cause between the hours of 10 p.m. until 6 a.m.

2. (a)   No person (16) sixteen years of age or less shall loiter in a public place between the hours of 12 a.m. (midnight) and 6 a.m.; or

    (b)  be in a place of public entertainment between the hours of 12 a.m. (midnight) and 6 a.m., unless accompanied by a parent or a specified individual authorized by the parent who is (18) eighteen years of age or older to accompany the child or young person.

3. No person shall obstruct, hinder or interfere with the Municipal Law Enforcement Officer in the lawful performance of their duties.

4. Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act R.S.O. 1999, Chap. P.33 as amended.

5. If declared that if any section, subsection or part or parts thereof be declared by any Court or Law to be bad, or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

6. That by-law Number 1999-49 is hereby repealed.

7. That this by-law shall come into force on the day it is adopted by Council.

Read, done and passed in open council this 15th day of January 2007.

Mayor, Richard Lalonde

Clerk, Daniel Gatien

 Mobile Canteens - 2006-16

Whereas under the provisions of the Municipal Act, S.O. 2001, Chapter 25, Section 150(1), a local municipality may license, regulate and govern any business wholly and partly carried in within the municipality even if the business is being carried on from a location outside the municipality;

And whereas without limiting the powers of section 150(1) of the Municipal Act S.O. 2001, Chapter 25, to license, regulate and govern a business includes the power,

    (a)    to prohibit the carrying on of or engaging in business without a license;

    (b)    to fix the expiry date for a license;

    (c)    to impose conditions as a requirement of obtaining, continuing to hold or renewing a license, including conditions;

    (d)    requiring the payment of license fees;

    (e)    restricting the hours of operation of the business; and

    (f)      to regulate or govern the equipment, vehicles and other personal property used or kept for hire in connection with the carrying on or engaging in the business.

Now therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions

  1. (1)     In this schedule:

(a) "Applicant" means a person making an application for a licence under this by-law;

(b) "Boulevard" means all the parts of the highway save and except any street;

(c)  “Corporation” means the corporation of the City of Clarence-Rockland;

(d) “Pedal -Powered Vehicle” means a vehicle that is propelled by muscular power;

(e) “Highway” includes the entire right-of-way of a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, designed and intended for, or used by, the general public for the passage of vehicles;

(f) “Intersection” means the area embraced within the prolongation or connection of the lateral curb lines or if none, then of the lateral boundary lines of two (2) or more streets which join one another at an angle, whether or not one (1) street crosses the other;

(g) “Medical Officer of Health” shall mean the Medical Officer of Health of the Counties of Prescott and Russell or his subordinates to whom he may designate such authority from time to time;

(h) “Municipal Law Enforcement Director” shall mean the Municipal Law Enforcement Officer appointed by the City Council as the director to administer and enforce the provisions of this by-law;

(i) “Physical Department Director” means a person appointed as the Director of Physical Services for the City of Clarence-Rockland or his duly appointed representative;

(j) “Private Property” means all property in the City and includes property of the municipal, federal and provincial government, but does not include any of the sidewalks;

(k) “Sidewalk” includes all such parts of a highway as are set aside by the Corporation for the use of pedestrians or used by the general public for the passage of pedestrians, and includes the boulevard and a pedestrian walkway, and;

(l) “Street” means that part of the highway that is improved, designed or ordinarily used for vehicular traffic.

Interpretation

(2) The content of this by-law applies to the Municipal Road System under the jurisdiction of the City of Clarence-Rockland and, without limiting the generality of the foregoing and for ease of reference, is as follows:

(a) If, in the opinion of the Physical Services Director, the maintenance and use of such encroachments do not hinder or impede the proper use, maintenance and operation of the Municipal Road System, this part shall not apply to the following uses and encroachments: tables, chairs, umbrellas, wagons, carts, Pedal -powered vehicles, information kiosks, temporary entrance shelters and other similar equipment located on a highway.

Classes of Licenses

2. (1)     The following licenses may be issued pursuant to this schedule:

    (a) License "A" to a vendor selling ice-cream, frozen milk products and beverages only from:

    (i)  the streets or on private property in the City, from a pedal-powered vehicle.

    (b) License "B" to a person selling food products that are prepared and cooked elsewhere than in the motor vehicle, from a motor vehicle that is currently licensed to be driven on the highway pursuant to the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended, on private property.

    (c) License "C" to a person selling ice cream and frozen milk products, from a motor vehicle that is currently licensed to be driven on the highway pursuant to the said Highway Traffic Act, on private property in the City.

    (d) License "D" to a person selling food products from a refreshment vehicle as set out in any of the above license categories who vends for or at a “specific event”, said event being held for a period of not more than ten (10) days, in lieu of issuing one of the licenses in the categories as set out in paragraphs (a) to (c) herein.

Conditions For Issuance of a License

3. No applicant for a refreshment vehicle license shall be issued a license unless:

    (a) the applicant is at least sixteen (16) years of age, for a license “A”.

    (b) where the application is for a License “B”, License “C”, or License “D”, the applicant shall be at least eighteen (18) years of age and shall:

        (i) apply in person, and;

       (ii) filed one (1) full-faced photograph of the applicant, of a size 1.5 inches square, taken not more thirty (30) days prior to the date of the application.

    (c) the Medical Officer of Health has reported in writing that the refreshment vehicle or vending equipment is suitable for the purpose of the license application and is in a sanitary condition.

    (d) the Fire Chief has reported in writing that, where applicable, the refreshment vehicle or vending equipment is suitable for the purpose of the license application and is in a fire safe condition.

    (e) the applicant has specified the make, style, model and serial number of the refreshment vehicle.

    (f) the applicant is the holder of a current motor vehicle permit issued pursuant to the said Highway Traffic Act that permits it to be driven on any highway, where applicable.

    (g)the applicant has filed proof of insurance in accordance with Section 16 hereof,

    (h) where an applicant proposes to vend on the sidewalks of the City, the applicant has furnished the description:

       (i) of the Pedal -powered vehicle or vending equipment including its serial number, and;

       (ii) of the method by which the refreshments are to be vended,

in sufficient detail to indicate compliance with the standards in the by-law.

    (i) a license may be issued for a specific event provided that:

       (i) the event is being held for a period of not more than ten (10) days, and

       (ii) the applicant has furnished details as to the specific event including its location, and the license shall indicate which one of the categories specified in paragraphs (a) to (d) of subsection (1) of Section 2 the license is issued in lieu of, and;

(j) the refreshment vehicle to be used by the applicant for vending complies with the standards and dimensions prescribed by Sections 19, 20, 21 , 22, and 23.

(k) pay the Corporation a license fee as set out in schedule “A” fixed by this by-law.

4. The Municipal Law Enforcement Director is authorized to require that each pedal-powered vehicle or other refreshment vehicle or vending equipment to be used by the applicant for vending be submitted for inspection prior to the issuance of the license.

5. Every person who provides or operates a refreshment vehicle shall obtain a separate license for each refreshment vehicle to be operated pursuant to this by-law.

6. A separate license shall be obtained for each vendor who vends refreshments from his or her person.

7. Where reports have been received from the Medical Officer of Health or the Fire Chief in respect of the pedal-powered vehicle or other vehicle or vending equipment, and the Municipal Law Enforcement Director has issued the license based on the reports, the licensee shall ensure that no modifications are made to the pedal-powered vehicle or other vehicle, or equipment placed in the vehicle without the prior approval of the Municipal Law Enforcement Director.

Issuance of License

8. The Municipal Law Enforcement Director shall, upon issuing the license, furnish to the licensee, in addition to the license, one (1) plate bearing an identifying number, and the category for which the license was issued, and the words "Refreshment Vehicle" and "Clarence-Rockland" and a serial number to be encoded on the vehicle if the vehicle does not have one.

9. Despite Section 8, the Municipal Law Enforcement Director shall not furnish a plate if the vendor is carrying the refreshments on his or her person.

10. Despite Section 8, the Municipal Law Enforcement Director shall not furnish a plate for License “D” for special events.

11. The onus of obtaining the necessary approval to vend from a particular location on private property from the owner of such property is on the licensee.

12. No person shall vend refreshments on any property of the Corporation without first obtaining a written permission from the Municipal Law Enforcement Director or his authorized representative.

13. (1)  No person shall vend on private property without the consent of the owner or occupant of such property.

      (2) Every person who vends on private property with the consent of the owner or occupant of such property shall:

              (a) ensure that he or she has a written the consent in his or her possession, and;

             (b) when so requested by Municipal Law Enforcement Director, or the Chief of Police, produce the consent for inspection.

14. No person shall vend with or from a refreshment vehicle on a boulevard without first obtaining a written permission from the Corporation of the City of Clarence-Rockland.

Transfers of License

15. No person shall transfer a license issued pursuant to this By-law in any manner, including leasing agreement or assignment.

Insurance

16. (1) Every owner of a refreshment vehicle or vending equipment shall file with the Municipal Law Enforcement Director proof of insurance for public liability in the amount of not less than Five Hundred Thousand ($500,000.00) Dollars public liability inclusive of bodily injuries, property damage and accident benefits and including damage occasioned by any accident arising out of the operation of the refreshment vehicle or vending equipment in respect of which a license is applied for.

    (2)  The proof of insurance shall include a provision therein or an endorsement thereon that the insurance company will endeavour to give the Municipal Law Enforcement Director at least fifteen (15) days notice in writing of any cancellation of or amendment to the policy.

Renewal of License

17. (1)  The licensee shall ensure that, during the period of sixty (60) days prior to the expiration of the license, his or her refreshment vehicle or vending equipment is submitted for inspection, where applicable, to,

           (a) the Medical Officer of Health, and

           (b) the Fire Chief,

as if the applicant was filing an original application.

      (2) The Municipal Law Enforcement Director shall not renew the refreshment license unless and until,

           (a) the Medical Officer of Health has reported in writing that the refreshment vehicle or vending equipment is suitable for the purpose of the license renewal application and is in a sanitary condition, and

          (b) the Fire Chief has reported in writing that, where applicable, the refreshment vehicle or vending equipment is suitable for the purpose of the license application and is in a fire safe condition.

18. Where the application is for a License “B", License “C”, or License “D”, the Municipal Law Enforcement Director shall not renew the license unless the applicant has,

        (a)  applied in person, and

        (b)  filed one (1) full-faced photograph of the applicant, of a size 1.5 inches square, taken not more thirty (30) days prior to the date of the application.

Pedal-powered vehicle or other vehicle standards

19. (1)     Every pedal-powered vehicle shall,

      (a) have,

            (i) at least two (2) wheels,

            (ii) two (2) handles or a push-bar, and

     (b) be mobile so that it may be propelled by muscular power by the person who is vending, and

     (c) be structured so as to be safe and stable with or without refreshments or other goods therein.

     (2) The pedal-powered vehicle may have a canopy so long as the canopy conforms to the provisions of subsection (3).

     (3) The canopy may not extend beyond the dimensions of the pedal-powered vehicle.

     (4)  A table with castors shall not constitute a pedal-powered vehicle as prescribed by subsection (1).

     (5)  The maximum height of the display on or in the pedal-powered vehicle shall not exceed a height of one point four (1.4 m) metres as measured from the ground to the top of the display.

     (6) No person shall vend with or from a pedal-powered vehicle that does not comply with the provisions of this By-law.

20. Refreshment vehicle license “B”, “C” or “D” that is currently licensed to be driven on the highway pursuant to the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended, may have a canopy that extends beyond the dimensions of the vehicle provided that:

(a) the extension of the canopy is at the height of not less than one point nine eight (1.98 m) metres measured from the ground, and

(b) the extension of the canopy does not extend beyond the dimensions of the vehicle by more than one (1 m) metre on any one (1) side.

Dimensions of Pedal -Powered Vehicle or Other Vehicle

21. No person shall use a pedal -powered vehicle that exceeds the dimensions of three (3 m) meters in length, by one (1 m) metre in width, by two point five (2.5 m) metres in height.

22. No person shall use a Pedal-powered vehicle for vending that is,

      (a)  not structured so as to be safe and stable with or without goods, wares or merchandise therein, or

     (b)   not capable of easy relocation by the user.

Regulations

23. Every licensee who vends on private property or a part thereof that is,

     (a) outdoors,

     (b) improved, designed or ordinarily used for pedestrian passage, and

     (c)  visible to the public as sidewalk space,

shall vend with a pedal-powered vehicle and the provisions respecting vendors on sidewalks shall apply to every vendor.

24. Every licensee who vends on a sidewalk shall,

      (a) operate from a Pedal -powered vehicle, and

      (b) ensure that all refreshments or other goods whether on display or not on display are contained within the Pedal-powered vehicle.

25. Sections 23 and 24 do not apply to a person licensed to vend ice-cream, frozen milk products or beverages from his or her person.

26. Every person who vends from his or her person shall ensure that all refreshments or other goods whether on display or not on display are contained within the vending equipment.

27. Every licensee shall ensure that the plate furnished pursuant to Section 8 is attached by bolts to the rear of the cart or vehicle so as to be clearly visible to the public during the currency of the license.

28. Every licensee shall keep his or her refreshment vehicle or vending equipment at all times in a clean and sanitary condition and in a state of good repair and appearance.

29. Every licensee using a refreshment vehicle with a food heating capability shall ensure that his or her vehicle is adequately equipped with a fire extinguisher having a 10 B.C. rating.

30. No person licensed pursuant to this schedule shall carry, sell, offer or expose for sale any or all of the food products which are prohibited from time to time by the Medical Officer of Health.

31. Every licensee shall ensure that:

     (a) he or she conforms, where applicable, with the provisions of the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended,

    (c) he or she does not interfere with the normal movement of pedestrian or vehicular traffic or the maintenance of the sidewalks or streets in the City.

32. The licensee shall ensure that any person vending refreshments has available on his or her person the license issued by the Municipal Law Enforcement Director.

33. Every person who vends under the authority of a license shall ensure that he or she has the license in his or her possession.

34. Every person who vends refreshments shall produce his or her license for the vehicle or vending equipment for inspection, when requested by any municipal law enforcement officer.

35. Every person who vends under the authority of a license shall ensure that the license corresponds with the plate furnished by the Municipal Law Enforcement Director pursuant to Section 8.

36. Every licensee who vends on a street shall restrict such sales to occur between 6:00 o'clock in the forenoon (6:00 a.m.) and 11:00 o'clock in the afternoon (11:00 p.m.) of the same day.

37. Every licensee shall ensure that his or her Pedal-powered vehicle or other vehicle or any article used in the business is removed from the sidewalk or street from the hours of 11:00 o'clock in the afternoon (11:00 p.m.) of one day to 6:00 o'clock in the forenoon (6:00 a.m.) of the next following day.

38. No person who vends shall leave the any refreshment vehicle or anything on the sidewalk or street after the vending activity has ceased, or after 11:00 o'clock in the afternoon (11:00 p.m.), whichever occurs first.

39. No licensee shall leave his or her Pedal-powered vehicle unattended on the sidewalk.

40. Despite Sections 36 and 37, every licensee may vend until midnight on Canada Day.

41. The holder of a License in a category set out in subsection (1) of Section 2 shall not use that license for the purposes of any other category unless specifically permitted herein.

42. Every person to whom this By-law relates shall be governed by the Health Protection and Promotion Act, R.S.O. 1990, Chap. H.7, as amended, and regulations enacted thereunder.

43. No person shall cook food in a refreshment vehicle licensed as a License "A", “C" or "D" class.

44. Every licensee shall ensure that his or her refreshment vehicle is a fit motor vehicle under the said Highway Traffic Act.

45. Where a refreshment vehicle is a combination unit of a motor vehicle and trailer, every licensee shall ensure that,

     (a) the combination unit of motor vehicle and trailer shall be treated as one motor vehicle, and

     (b) the trailer must remain hitched to the motor vehicle at all times in such a way that the combination unit of motor vehicle and trailer is capable of being moved at all times as a single unit, and

     (c) the motor vehicle shall be sufficient to tow the trailer to which it is hitched.

46. Despite the provisions of Section 45, a holder of a License "D" for a refreshment vehicle that is a combination unit of a motor vehicle and a trailer, may permit the trailer to be unhitched from the motor vehicle for the duration of the specific event provided that the trailer is located on and all vending activities are confined to private property.

47. Any holder of a License "A", "B", or "C" class may change his or her particular place during the currency of the license without notification to the Municipal Law Enforcement Director.

48. No person shall use,

     (a) an external gasoline-powered generator,

     (b) an external propane-powered generator,

     (c) an external diesel-powered generator, or

     (d) an external natural gas-powered generator, in conjunction with a refreshment vehicle.

49. No person who vends with or from a refreshment vehicle shall place or locate any carton, box or other article, other than a garbage receptacle, outside of the refreshment vehicle.

50. (1)  Every person who vends shall ensure that the garbage or litter resulting from his or her vending activity is collected and removed from the vending area.

     (2)              For the purposes of subsection (1), the placing of the garbage or litter in a sidewalk refuse container provided by the Corporation is not sufficient to constitute removal.

    (3)              Every person who vends with or from a refreshment vehicle shall ensure that the garbage receptacle placed outside the vehicle is taken away with the vehicle and that the garbage is disposed of in a proper manner.

51. Each licensee shall ensure that a garbage receptacle is placed outside of the refreshment vehicle while he or she is vending, and that the garbage is disposed of as required.

52. No person shall vend with or from a refreshment vehicle without first placing a garbage receptacle outside of the refreshment vehicle.

Location Regulations

53. Every person who vends shall ensure that:

      (a)          he or she does not vend within fifty (100m) metres of a licensed restaurant.

54. (1)     No holder of a License "B", "C" or ”D” class shall vend with or from a refreshment vehicle in any of the following areas:

            (a)          Urban Policy Area, and

            (b)          Community Policy Area,

as provided for under the provisions of the Zoning By-law of the City of Clarence- Rockland.

      (2)     Despite the provision of section 54.(1), a holder of a License "B", "C" or ”D” class may vend on a construction site during periods of construction.

55. Any holder of a License "A" may remain up to thirty (30) minutes at a location on a street.

56. No person who vends shall place or locate himself or herself or anything on a street or sidewalk so as to be within nine (9 m) meters from the nearest street intersection.

57. No licensee who is vending on a street from or with a Pedal -powered vehicle shall occupy or utilize an area that exceeds three (3 m) metres in length, by one (1 m) metre in width, by two point five (2.5 m) metres in height.

58. No person shall vend within three (3 m) metres of any other itinerant seller or refreshment vending activity on the sidewalk or street or on private property that is described in Section 23.

Administration and Enforcement

59. Nothing in this By-law shall exempt any person from complying with the requirements of any other by-law or regulation or any other law in force within the area affected by this by-law. It is the responsibility of the licensee and the owner to ensure that the refreshment vehicle complies with all legislation and regulation pertaining to such a business.

60. The provisions of this by-law shall be administered and enforced by the Municipal Law Enforcement Services.

61. No person who is licensed or required to be licensed, shall hinder or obstruct the Municipal Law Enforcement Officer during any inspection or cause any inspections to be hindered or obstructed.

Penalties

62. Each day that a person operates a business in contravention of the provisions of this By-law shall constitute a separate offence.

63. Any person who contravenes any of the provisions of this By-Law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, 1990, R.S.O., Chapter P. 33. and amendments thereto

Order Prohibiting

64. When a person has been convicted of an offence under the provisions of this By-law, any court of competent jurisdiction thereafter may in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act by person convicted directed towards the continuation or repetition of the offence.

Severability

65. It is declared that if any section or subsection or part or parts thereof be declared by any competent Court of Law to be illegal shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

By-Law Enforce

66. This By-law shall come into force and take effect on the day it s duly pass in Council .

Schedule Adopted

67. The schedule referred to in this by-law shall form part of this by-law and be read in conjunction with the entry across there from, and not otherwise.

Former By-Law Repeal

68. That the Town of Rockland By-law No.1985-11, for the licensing, regulating, and governing of refreshment vehicles.

Read a first, second and duly passed upon the third reading, this 13th day of March 2006

Read A First, Second And Duly Passed Upon The Third Reading, This 13th Day Of March, 2006

Richard Lalonde, Mayor

Daniel Gatien, Clerk

Class and Fees
Class of LicenseClass of License Fees
License A $ 300.00 / vehicle
License B $ 500.00 / vehicle
License C $ 500.00 / vehicle
License D $ 500.00 / vehicle

 

 Motorized snow vehicles - 2010-21

Being a by-law of the corporation of the city of Clarence-Rockland to regulate the operation of motorized snow vehicles within the city of Clarence-Rockland.

Whereas under the provision of the Motorized Snow Vehicles Act, R.S.O. 1990, Chapter M-44, Section 7, Subsection 2, the Council of a local municipality may pass by- laws regulating, governing or prohibiting the operation of motorized snow vehicles within the municipality including any highways therein or any part or parts thereof.

And whereas a by-law is passed under subsection (2) of the Motorized Snow Vehicles Act, the provisions regulating or governing the operation of motorized snow vehicles under the by-law do not apply to highways or any part or parts thereof that are not under the jurisdiction of the local municipality.

And whereas the Council of a municipality may by by-law prescribe,

(a)  a lower rate of speed for motorized snow vehicles upon any highway or part thereof under its jurisdiction; and

(b)  a higher or lower rate of speed for motorized snow vehicles upon a trail, public park or exhibition ground under its jurisdiction, than is prescribed in subsection (1). R.S.O. 1990, c. M.44, s. 14 (2).

Now therefore the Council of the Corporation of the City of Clarence-Rockland enacts as follows:

1. Definitions

(a) “Corporation” means the Corporation of the City of Clarence-Rockland.

(b) “Peace Officer” means a Municipal Law Enforcement Officer appointed under Section 15 of the Police Services Act to enforce by-laws.

(c) “Motorized Snow Vehicle” means a self-propelled vehicle designed to be driven primarily on snow.

(d) “Highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, designed and intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof

(e) “Registration Number” means a number or combination of letters and numbers allocated to a motorized snow vehicle by the ministry on the registration thereof.

(f)  “Trail” means the whole of any trail established and maintained by a recreational organization for the use of motorized snow vehicles.

(g)  “Ministry” means the Ministry of Transportation of Ontario.

General Provisions

2. No person shall drive a motorized snow vehicle on any highway except within an organized trail as designated in Schedule “A” of this By-law.

3. Subject to Section 2, any person driving a motorized snow vehicle upon an organized trail as identified in Schedule” A” to this by-law, may use the shoulder of the highway, ditch of a highway or the highway surface located within the Corporation to travel to the nearest organized trail.

4. Schedule “A” of this By-law, which identifies motorized snow vehicle organized trails within the limits of the City, is subject to the approval of the Corporation of the City of Clarence-Rockland.

5. No person shall drive a motorized snow vehicle on any highway as designated under Schedule “B” of this By-law.

6. No person shall operate a Motorized Snow Vehicle on any highway or organized trail between the hours of 11 p.m. to 6 a.m.

7. No motorized snow vehicle trails shall be located within 200 feet from a dwelling.

8. No person shall drive a motorized snow vehicle on any sidewalk of the Corporation.

9. No person shall drive a motorized snow vehicle on land owned by the Corporation unless the driver has received a written permission from the City of Clarence-Rockland

10. No person shall drive a motorized snow vehicle on any Highway or organized trail in contravention to a posted sign.

Speed Limit

A Motorized Snow vehicle shall not be driven at a rate of speed greater than:

(a) 20 kilometers per hour, if the speed limit established under the Highway Traffic Act or by municipal By-law for that part of the highway is not greater than 50 kilometers per hour, or

(b) 50 kilometers per hour, if the speed limit established under the Highway Traffic Act or by municipal By-law for that part of the highway is greater than 50 kilometers per hour.

(c) 20 kilometers per hour, if part of a highway or organized trail is located in a “Quiet Zone” as designated under schedule “A” of this By-law.

Identification

11. Every motorized snow vehicle shall have attached to or painted on both sides of the cowling, in a clearly visible position, a sign showing the registration number of the motorized snow vehicle in the form and manner prescribed in the regulations of the ministry.

Exemptions

12. In cases of emergency, parades and other special events, the Corporation may authorize to permit the use of specific highways during specific times by motorized snow vehicles.

13. The provision prescribed in this by-law do not apply to a motorized snow vehicle operated by a police officer, constable, conservation officer or peace officer.

Penalty

14. That every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offence Act, R.S.O. 1990, Chapter 33, as amended.

15. That By-law No. 1999-79 is hereby repealed.

16. That this by-law shall come into force and take effect on the day of its final passing.

Read, done and passed in open council, this 12th day of April, 2010.

Richard Lalonde, Mayor

Monique Ouellet, Clerk

Prohibited Highways for the Operation of Motor Snow Vehicles
HighwayBetween
Laurier Street County Rd # 17 and Laporte Street
St-Joseph Street Laurier Street and St-Laurent Street
Avenue du Parc St-Joseph Street and Lawrence Street

Simoneau Street

Laurier Street and Avenue du Parc
Giroux Street Laurier Street and St-Laurent Street

 

 Noise - 1999-55

Being a by-law of the Corporation of the City of Clarence-Rockland to prohibit or regulate certain noises and to prohibit and abate public nuisance;

Whereas pursuant to the provisions of Section 210 Subsections 138 and 140 of the Municipal Act R.S.O. 1990, Chapter M.45, Council of local municipalities may pass a by-law to prohibit and abate public nuisances;

Whereas the purpose of this by-law is to provide for an environment free from unusual, unnecessary or excessive noises which may degrade the quality and tranquillity of life, and cause a public nuisance;

Now therefore the council of the corporation of the city of Clarence-Rockland enacts as follows:

1.         Interpretation

In this By-law

Adverse effect

Means one or more of,

a)         harms or material discomfort to any person,

b)         an adverse effect on health of any person,

c)         loss of enjoyment of normal use of property, and

d)         interference with the normal conduct of business.

Agriculture

Means the practice of cultivating the soil or the keeping/raising of animals;

Air Conditioner

Includes an air conditioner, a fan, a heat pump or other similar device.

Attached Housing

Means a building otherwise complete in itself which is connected to, and which depends for structural support upon a division wall or walls shaped in common with adjacent building or buildings;

Auxiliary Equipment

Means any device, attachment, delivery body or apparatus attached to a motor vehicle, either permanently or temporarily, for the purpose of:

(i)        hauling property, vehicles or animals;

(ii)       mixing concrete or like material; or

(iii)      preserving perishable cargo through the use of heating or refrigerating systems.

Construction

Includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose and includes any work in connection therewith;

Construction Equipment

Means any equipment or device designed and intended for use in construction or material handling, including but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, drills, loaders, scrapers, pavers, generators, off-highway hauliers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other material handling equipment;

Council

Means the Council of the Corporation of the City of Clarence-Rockland;

Inhabitants

Means any owner, tenant, occupier or licensee of real property within the Corporation of the City of Clarence-Rockland;

Intermittent

Means to cause to cease for a time or at intervals;

Leisure Vehicle

Means any all-terrain vehicle or snowmobile;

Motor Vehicle

Includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power; but does not include all-terrain vehicles, snowmobiles or other motor vehicles running only upon rails, construction equipment, farm tractor or a self-propelled implement of husbandry;

Municipal Law Enforcement Officer

Means a peace officer for the purpose of enforcing municipal by-laws;

Municipality

Means the land within the geographic limit of the Corporation of the City of Clarence-Rockland;

Noise

Means any loud, unnecessary or unusual noise or any noise whatsoever which either annoys, disturbs or injures, endangers or detracts from the comfort, repose, health, peace or safety of other persons within the limits of the municipality;

Person

Includes any physical or corporate entity, partnership or any association and the heirs, executors, administrators, successors and assigns or other legal representative thereof to whom the context may apply;

Point of Reception

Means any point on the premises of a person where sound or vibration originating from other than those premises is received;

Residential Area

Means all properties within the Corporation of the City of Clarence-Rockland designated as "Residential A" area under the Zoning By-Law, as amended;

Rural Area

Means all properties within the Corporation of the City of Clarence-Rockland designated as "Rural Area" under the Zoning By-law, as amended;

Solid Waste Bulk Lift

Means a vehicle designated to load, unload and transport containers for handling refuse;

Sound Amplifying Device

Means any device which is primarily used or intended to be used to amplify or create sound and includes, but is not limited to, radios, phonographs, televisions, musical instruments, loud speakers and electronic devices or electro-mechanical transducers, used in the reproduction or amplification of music, speech or other sounds, but does not include fire alarms, smoke detectors or security alarms;

Trailer

Means any vehicle so constructed that it is suitable for being attached to a motor vehicle for the purpose of being self propelled, drawn or propelled by the motor vehicle and capable of being used for the living, sleeping or eating accommodation of persons;

Urban Area

Means all properties within the Corporation of the City of Clarence-Rockland designated as "Urban Area" under the Zoning By-law, as amended;

2.         General Prohibitions

(1)       No person shall make, cause or permit the emission of noise that disturbs or may disturb the quiet, peace, rest, enjoyment, comfort or convenience of the inhabitants.

(2)       Notwithstanding the generality of the provisions of Section 2(1), no person shall make, cause or permit the emission of noise resulting from an activity listed herein, if clearly audible at a point of reception located in an area of the Municipality, indicated within the prohibited time shown for such an area, as such noise is deemed objectionable or liable to disturb the peace, quiet, rest, enjoyment, comfort or convenience of the inhabitants and is hereby strictly prohibited.

Prohibited Activities by Time and Date
ActivityResidental Zone  Rural Zone
1. The detonation of fireworks or explosive devices not used in construction and without permit. At all times At all times
2. The commercial or personal operation of any sound amplifying device. 11 pm to 7 am 11 pm to 7 am
3. The racing of any motor vehicle or leisure vehicle other than in a racing event regulated by law. At all times At all times
4. The operation of any auditory signaling device, including but not limited to the ringing of bells, except for religious services, or gongs and blowing of horns or sirens or whistles, or the production, reproduction or amplification of any similar sounds by electronic means, except where required or authorized by law or in accordance with good safety practices. 11 pm to 7 am 11 pm to 7 am
5. Intermittent barking, calling or whining or other similar intermittent noise making, by any domestic pet or any other animal kept or used for any purpose other than agriculture or licensed kennels, if such noise persists for a period of time in excess of fifteen (15) minutes. At all times At all times
6. The operation of a commercial car wash with air drying equipment abutting a residential area. 9 pm to 7 am 9 pm to 7 am
7. Yelling, shouting, hooting, whistling or singing. 11 pm to 8 am 11 pm to 8 am
8. All selling or advertising by shouting or outcry or amplified sound. 5 pm to 9 am 5 pm to 9 am
9. Loading, unloading, delivering, packing, unpacking or otherwise handling any containers, products, materials or refuse in a residential area or a business operation adjacent to a residential area, unless necessary for the maintenance of essential services or the moving of private household effects. 11 pm to 6 am 11 pm to 6 am
10. The operation of any construction equipment or use of any power tools for the purpose of repairing or constructing.

10 pm to 7 am

(Monday to Friday)

8 pm to 8 am

(Saturday and Sunday and statutory holidays)

10 pm to 6:30 am

11. The operation or use of any tool for household purposes other than snow removal. 10 pm to 7 am 10 pm to 6:30am
12. The operation or use of an engine or motor in or on any leisure vehicle, motor vehicle or item of attached auxiliary equipment for a continuous period exceeding fifteen minutes, while such vehicle is stationary in or adjoining a residential area. At all times At all times
13. The operation of solid waste bulk lift or refuse compacting equipment. 11 pm to 7 am 11 pm to 7 am
14. The operation of a leisure vehicle or motor vehicle in such a way that the tires squeal. At all times At all times
15. The operation of any combustion engine or pneumatic device without effective exhaust or intake muffling device in good working order and in constant operation. At all times At all times
16. The operation of a leisure vehicle or motor vehicle with a trailer resulting in banging, clanking, squeaking or other like sounds due to improperly secured load or equipment or inadequate maintenance. At all times At all times
17. The operation of a leisure vehicle or motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices. At all times At all times
18. The operation of any air conditioner without an effective muffling device in good working order and in constant operation. At all times At all times
19. The operation of powered rail car including but not limited to refrigeration cars, locomotives or self-propelled passenger cars, while stationary on property not owned by or controlled by railway governed by the Canada Railway Act.  At all times At all times
20. The venting, release or pressure relief of air, steam or gaseous material, product or compound from any autoclave, boiler, pressure vessel, pipe, valve, machine, device or system.  At all times At all times
21. The operation of an electronic bug killer. 11 pm to 7 am 11 pm to 7 am
22. The operation of items of snow making equipment. At all times At all times
23. The discharge of firearms.  At all times Half hour after sunset to half hour before sunrise
24. The operation of any refrigeration unit, chilling unit or similar devices in or on any vehicle. At all times At all times

3.         Exemption

(1)       Public Safety

Notwithstanding any other provision of this by-law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with emergency measures undertaken:

(a)       for the immediate health, safety or welfare of the inhabitants or any of them; or

(b)       for the preservation or restoration of property.

(2)       Attached Housing

This by-Law does not apply to noise between a common shared wall of floor by two adjacent dwelling units within an apartment, condominium or townhouse building, row buildings or carriage homes unless the sound can be clearly audible from the exterior of the building.

(3)       Snow Removal

This by-Law does not apply to noise generating from the operation of removing or clearing of snow or of sanding and salting.

(4)       Fireworks

Notwithstanding any other provisions of this by-law, this by-law does not apply to a person who emits or causes or permits the emission of sounds or vibrations in connections with fireworks during any of the listed traditional festive activities such as Canada day, Victoria day and St-Jean Batiste day.

(5)       Farming Operation

This by-Law does not apply to any noise generated from the operation of any agricultural machinery, equipment and implement of husbandry whether self-propelled or motorized, which is used in accordance with normal farm practice for the cultivation of  land, production and harvesting of agricultural crops (including mushrooms, greenhouse crops and nursery stock), raising of livestock, poultry, fur-bearing animals and game birds and includes but is not limited to any noise generated from:

(i)        irrigation pumps;

(ii)       the application of fertilizers, conditioners and pesticides;

(iii)      the storage, disposal or use of organic wastes for farm purposes; and

(iv)      grain dryers

(6)       Grant of Exemption by Council

(1)       Application to Council

Notwithstanding anything contained in this by-law, any person may make application to Council to be granted an exemption from any of the provisions of this by-law with respect to any source of sound or vibration for which he might be prosecuted and Council, by resolution, may refuse to grant any exception or may grant the exemption applied for or any exemption applied for or any exemption of lesser effect and any exemption granted shall specify the time period, not in excess of six months, during which it is effective and may contain such terms and conditions as Council sees fit.

(2)       Decision

In deciding whether to grant the exemption, Council shall give the applicant and any person opposed to the application an opportunity to be heard and may consider such other matters as it sees fit.

(3)       Breach

Breach by the applicant of any of the terms or conditions of any exemption granted by Council shall render the exemption null and void.

(4)       The Director of Protective Services shall be delegated the authority to grant an exemption on behalf of Council in any circumtances as he/she may see fit, providing that such exemptions is immediately reported to the Mayor and the affected Ward Councillor(s). (amended by 2021-77)

(7)       Exemption - City construction project (as amended by 2021-77)

The Director of protective Services is delegated the authority to grant an exemption in relation to any Section of this by-law, subject to the following conditions:

(ii)             the exemption is in respect of a City Construction Project;

(iii)           a requirement that during the exemption period, the noise caused by the particular project for which the exemption is sought does not exceed 85 dB(A) when measured at the point of reception;

(iv)           public notification of the particulars of the exemption is provided to affected parties by the appropriate Coordinator of the City Construction Project; and

(v)             the Director, Protective Services, has notified the Councillor of the Ward or Wards in which the work is to occur of the application for the exemption.

An application for an exemption shall be made in writing to the Director of protective Services as soon as the exemption is deemed necessary, and prior to the commencement of the activity for which the exemption is sought, and shall include the following:

(i)             the name and contact information of the City staff representative associated with the project;

(ii)           the source of the sound or vibration in respect of which the exemption is sought;

(iii)         the provision or provisions of this by-law for which the exemption is sought;

(iv)          the rationale for the exemption;

(v)            the date and time of commencement of the activity for which the exemption is sought;

(vi)          the time of conclusion for each day for the activity for which the 16 exemption is sought;

(vii)        the duration of activity for which the exemption is sought;

(viii)      the location of the activity for which the exemption is sought;

(ix)          the name and contact information of the contact person or persons who will be supervising the activities for which the exemption is sought; and

(x)            any other information requested by the Manager of By-law Enforcement Services.

4.         Severability

It is hereby declared that each and every of the foregoing provisions of this by-law is severable and that, 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 remaining provisions hereof shall remain in full force and effect.

5.         Penalty

Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine as set out in the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.

In addition to the imposition of a fine or other remedy, a court of competent jurisdiction may, upon conviction of an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

By-law No.1989-10, as amended (City of Rockland) and By-law No. 1992-106, as amended (Clarence township) are hereby repealed.

This By-law shall come into effect on the day it is adopted by Council.

Read a first, second and duly passed upon the third reading, this 14th day of September 1999.

Mayor                                                            

Clerk                           

 Open fires - 2017-92

Whereas Council of the Corporation of the City of Clarence-Rockland is empowered under section 7.1(1) (a) of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, to pass by-laws regulating fire prevention, including the prevention of the spreading of fires; 

And whereas Council is empowered under section 7.1(1) (b) of the Fire Protection and Prevention Act, to pass by-laws regulating the setting of open air fires, including establishing the times during which open air fires may be set;

And whereas Council is empowered under section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, to pass by-laws to prohibit and regulate public nuisances, including matters that, in the opinion of Council, are, or could become or cause public nuisances;

Therefore the Council of the City of Clarence-Rockland enacts as follows:

Definition

Applicant

Means the person making an application for a permit under this by-law;

Barbeque

Means a portable or fixed device designed and intended solely for the cooking of food in the open air, including a wood burning barbeque, or a smoker, but does not include burn barrels, fire pits, outdoor fireplaces or campfires;

Burn Barrel

Means a ‘clean’ (not chemically contaminated), non-combustible, enclosed container barrel, intended to hold a small fire for burning wood and small branches, the size of which does not exceed 76cm in diameter (30in) and 88cm in height (35in);

Campfire

Means an open air fire where the size of burn area (containing all burning and burnt materials) does not exceed 76cm (30 in) in width/diameter and 60cm (24 in) in height, is not covered by a spark arresting cover, and that is set and maintained solely for the purposes of cooking food, providing warmth and recreational enjoyment;

Compost material

Means waste material of Type III, as defined in the City of Clarence-Rockland Waste Management By-Law, as amended from time to time;

Corporation

Means the Corporation of the City of Clarence-Rockland;

Fire Ban

Means a ban put in place by the Fire Chief or designate to prohibit setting or maintaining of open air fires (including campfires), but does not include burn barrels, wood burning barbeques, fire pits, or outdoor fireplaces, provided they are constantly monitored;

Fire Chief

Means a person appointed by the Council of the City of Clarence-Rockland to carry out the duties and responsibilities of fire prevention and any person who has been designated to administer and enforce this By-law;

Fire Department

Means the Fire Department for the Corporation of the City of Clarence-Rockland;

Fire Pit

Means a constructed fire pit (e.g. a circular pit such as a rim), where the burning section is not more than 75cm (29.5 in) in diameter which is set and maintained solely for the purposes of cooking food, providing warmth and recreational enjoyment;

Highway

Includes a common and public highway, a main road or thoroughfare, such as a street, boulevard, or parkway, available to the public for use for travel or transportation and  includes the area between the lateral property lines thereof;

Land Clearing materials

Means trees, roots, stumps and dirt resulting from the clearing of lands covering an area of 0.5 hectare (1.2 acres) or more;

Maintain

Means to allow a fire, including an open air fire, to continue to burn and “maintained” and “maintaining” have the corresponding meaning;

Municipal Law Enforcement Officer

Means an officer appointed to enforce the provisions of City By-Laws by virtue of Section 15 of the Police Services Act, R.S.O. 1990, Chapter P.15, as amended;

Open air fire

Means the burning of material such as wood, tree limbs and branches in a burn pile no bigger than 5m (15ft) in width/diameter, and no more than 3m (10ft) in height, where the flame is not wholly contained and/or there is no spark arrester in place and includes campfires, but does not include fire pits, outdoor fireplaces, burn barrels or barbecues;

Outdoor fireplace

Means a manufactured, non-combustible, enclosed container designed to hold a small fire for decorative purposes and the size of which does not exceed 76cm (30in) in any direction and includes, but is not limited to a chimnea;

Permit

Means a burning permit issued under this by-law which grants a privilege to set an open air fire (including a campfire) or use a burn barrel, fire pit, or an outdoor fireplace;

Permit Holder

Means the person to whom a burning permit is issued;

Set

Means to light a fire, including an open air fire, and “setting” has the corresponding meaning;

Total Fire Ban

Means a ban put in place by the Fire Chief or designate which shall prohibit the setting or maintaining of any type of fire, including open air fires, burn barrels, wood burning barbeques, fire pits, and outdoor fireplaces;

Urban Area

Means the area contained in the urban area of Clarence-Rockland, as set out in Schedule “A” of this Bylaw;

Waterbody

Means a natural bay, lake, watercourse or canal other than a drainage or irrigation channel;

Woodlands

Means land as specified in accordance  with the Forestry Act, R.S.O. 1990 C.F.26.

General interpretation

No person shall set or maintain a fire of any kind, including an open air fire, a burn barrel, a fire pit or an outdoor fireplace, without having obtained a permit issued by the Fire Chief or their designate.

  1. The Fire Chief or their designate is hereby responsible and authorized to:

(a)    issue permits as provided in this by-law;

(b)    sign all permits on behalf of the Corporation;

(c)    limit the time for which a permit is issued for open air fires to a maximum of one calendar year;

(d)    undertake any investigation or inspection for the purpose of administering this by-law; and

(e)    advise the applicant of any additional precaution(s) to be taken in order to keep the fire under control at all times.

2. The permit referred to in this by-law is to grant, to an applicant, the permission to set a fire as outlined in the permit.

3. The Fire Chief or their designate shall evaluate an application for a permit under this By-law and may require that the applicant provide a bond or other security sufficient to cover the cost of extinguishing such fire.

4. The Fire Chief or their designate shall report to a Municipal Law Enforcement Officer any breach of the law by any person.

5. The Fire Chief or the Municipal Law Enforcement Officer may:

(a)    demand that a permit issued under this bylaw be produced for inspection from any permit holder;

(b)    inspect any premises for which a permit has been applied for, or issued under this bylaw; or

(c)    enter, at all reasonable times, upon any property in order to ascertain whether the provisions of this by-law are obeyed and to enforce or carry into effect this by-law.

General requirements

  1. A burn barrel shall:

(a)     be in good condition; and

(b)    be equipped with, and may only be used with a spark arresting heavy metal screen which completely covers the top of the barrel (the burning area); and

  • all burning/burnt material with openings no bigger than 1.3cm (0.5 in) designed to stop sparks and embers from leaving the burn area; and
  • ventilation holes in the side of the burn barrel shall not be larger than 1.3cm (0.5 in), or shall be covered in a spark arresting mesh;

(c)     sit on and be ringed by a non-combustible material, separated from grass and any other vegetation or combustible material by a distance of at least 50cm (18 in) by means of clean earth, sand, gravel or other non-combustible medium; and

(d)    be a minimum of 5m (15 ft) from any property line, building, deck, porch, tree, shrub, etc (including the 5m (15 ft) diameter in the airspace above the burn barrel).

For further clarity, should a burn barrel be used without the screen mesh, it would be considered an open air fire and would need to comply with permits and other requirements for such a fire.

2. A campfire shall:

(a)    be contained within an area established for such purpose; and

(b)    be set on and be ringed by a non-combustible material, separated from grass and any other vegetation or combustible material by a distance of at least 50cm (18 in) by means of clean earth, sand, gravel or other non-combustible medium; and

(c)     be at a minimum of 5m (15 ft) from any property line, building, deck, porch, tree, shrub, etc (including the 5m (15 ft) diameter in the airspace above the campfire).

3. A fire pit shall:

(a)    be equipped and used with a spark arresting heavy metal screen which completely covers the burning area and all burning/burnt material with openings no bigger than 1.3cm (0.5 in) designed to stop sparks and embers from leaving the burn area; and

(b)    be resting on/in and ringed by a non-combustible material, separated from grass and any other vegetation or combustible material by a distance of at least 50cm (18 in) by means of clean earth, sand, gravel or other non-combustible medium; and

(c)     be at a minimum of 3m (10ft) from any property line, building, deck, porch, tree, shrub, etc (including the 3m (10ft) diameter in the airspace above the fire pit).

4. An open air fire (excluding a campfire) shall be a minimum of 10m (30ft) from any property line, building, deck, tree, shrub, etc (including the 3m (10ft) diameter in the airspace above the open air fire).

5. An outdoor fireplace shall:

(a)    be equipped and used with a spark arresting heavy metal screen which completely covers the burning area and all burning/burnt material with openings no bigger than 1.3cm (0.5 in) designed to stop sparks and embers from leaving the burn area; and

(b)    be set on and ringed by a non-combustible material, separated from grass and any other vegetation or combustible material by a distance of at least 50cm (18 in) by means of clean earth, sand, gravel or other non-combustible medium; and

(c)     be at a minimum of 3m (10ft) from any property line, building, deck, porch, tree, shrub, etc (including the 3m (10ft) diameter in the airspace above the outdoor fireplace).

General prohibitions

1. No person shall set or maintain a fire, including an open air fire, between dusk and dawn except for a burn barrel, barbeque, campfire, fire pit and an outdoor fireplace.

2. No person shall set or maintain a fire, including an open air fire for the purpose of burning compost or toxic material.

3. No person shall set or maintain a fire of any kind unless it is competently supervised at all times.

4. No person shall place into a fire, or otherwise allow the burning of compost, plastic, rubber or other toxic materials.

5.No person shall set or maintain a fire, including an open air fire for the purpose of burning leaves, grass, hay, or any other debris from land clearing activities.

6. No person shall set or maintain a fire in the open air so as to cause nuisance smoke to neighboring properties or highways.

7. No person shall set or maintain an open air fire which includes a camp fire, when a fire ban on open air fires has been issued by the Fire Chief.

8. No person shall set or maintain a fire of any kind, including wood burning barbeques, burn barrels, fire pits, outdoor fireplaces or any other type of open air fire when a total fire ban has been issud by the Fire Chief. 

Restricted areas

1. No person shall set or maintain an open air fire which includes a campfire or set a fire in a burn barrel within the limits of an urban area as set out in schedule “A” of this By-law, except for a propane or natural gas outdoor fire place approved and bearing the Canadian Safety Association or Underwriters Laboratories of Canada marking, or a fire for which a special permit is issued under this by-law;

Section 21 shall not apply to properties or lots abutting a waterbody.

2. No person shall:

(a)    set or maintain a fire in a fire pit or outdoor fireplace within 30m (100ft) from woodlands; or

(b)    set or maintain a fire in a burn barrel, an open air fire, or any other fire within 100m (300ft) from woodlands.

Nothwithstanding this section, if the ground is completely snow covered, the distances referred to in this section shall be reduced to 15m (50ft) from woodlands.

Exemption – permit not required

3. No permit shall be required for the following:

(a)        the use of a barbecue as defined, for the sole purpose of cooking food, provided the barbeque is supervised at all times while lit and is placed a minimum of 1m (3ft) from any structure (excluding a deck or porch);

(b)       the use of an outdoor propane or natural gas fireplace, approved and bearing the Canadian Safety Association or Underwriters Laboratories of Canada marking and be located a minimum of 1m (3ft) from any any property line, building, deck, porch, tree, shrub, etc.;

(c)        for training and educational purposes conducted by the City’s fire department; and

(d)       for fires related to City municipal operations.

Obstruction

1. No person shall obstruct, hinder or interfere with the Fire Chief or a Municipal Law Enforcement Officer in the lawful performance of their duties.

2. No permit holder shall:

(a) fail or refuse to produce the permit upon demand; or

(b) use the permit to burn material other than the item for which the permit was issued.

3. If any person or permit holder contravenes any provisions of this by-law, the Fire Department may enter upon any land to extinguish the fire.  The Corporation may recover expenses for extinguishing such fire in conformance with the current municipal User Fee bylaw, as amended.

Applications

1. No person shall be deemed to have been issued a permit until the Fire Chief has issued the permit.

2. Every permit issued under this by-law shall remain the property of the City and such permit is not transferable to any other person or property.

3. No person shall give false or incorrect information for the purpose of obtaining a permit.

4. The onus of procuring a permit shall be that of the person requiring a permit.

Conditions for issuance of a permit

1. A fire permit shall be issued when the Fire Chief is satisfied of the following:

(a)       That the fire will be controlled by the permit holder at all times;

(b)       That the proposed fire complies with the requirements set out in this by-law;

(c)        That firefighting equipment to control fire, such as a rake, shovel or water is immediately available on site;

(d)       That the burning material will not cause excessive smoke or fumes; and

(e)       That the applicant has duly paid the permit fee as prescribed in the current City of Clarence-Rockland’s User Fee By-law.

2. A special permit may be issued for proposed fires that may deviate from the requirements of this by-law, for a specific date or a determined period, if the Fire Chief is satisfied of the following:

(a)     That the applicant possesses a valid Fire Permit;;

(b)    That an inspection of the proposed location and circumstance of the fire reveals that the proposed fire will not cause any undue fire hazard;

(c)     That appropriate restrictions have been imposed as a condition to the permit, including but not limited to, time of day, size of fire area, requirements for fire control, as may be warranted in order to reduce any potential fire risk;

(d)    That the applicant who has applied for more than three (3) special permits in the current calendar year, has duly paid a special inspection fee as prescribed in the current City of Clarence-Rockland’s User Fee By-law.

3. A permanent fire permit for a fire pit or outdoor fireplace may be issued if the Fire Chief is satisfied of the following:

(a)     That the applicant has duly paid a special inspection fee as prescribed in the current City of Clarence-Rockland’s User Fee By-law;

(b)    That the inspection of the property provides that all requirements under this by-law are met and will continue to be met for the duration of the permit.

A permanent fire permit, as issued, shall remain with the permit holder and shall not be transferable to a new owner or tenant of the affected property.

4. Every permit holder shall contact the Ottawa Fire Service open air permit line (613-580-2880) before setting an open air fire, and must follow the instructions provided.

5. Every permit holder shall consent to having their contact phone numbers entered into a mass notification system maintained by the City for the purpose of advising permit holders of fire bans, and/or total fire bans. It shall remain the responsibility of the permit holder to be aware at all times as to whether a fire ban is in place prior to setting a fire of any kind.

6. The applicant shall indemnify and save harmless the City of Clarence-Rockland from any and all claims, demands, causes of action, losses, costs or damages that the City of Clarence-Rockland may suffer, incur or be liable for resulting from a fire, including open air fires as set out in the by-law whether with or without negligence on the part of the applicant, the applicant's employees, directors, contractors and agents.

Suspension / revocation

1. The Fire Chief may, by notice, suspend any burning at any given time due to adverse weather condition that may increase fire hazards.

2. The Municipal Law Enforcement Officer or the Fire Chief or their designate may revoke or suspend any or each of the permits issued to any person for cause and without limiting the generality of the foregoing for:

(a)    a breach of the law; or

(b)    any violation of the provisions of this by-law.

3. The provisions of Section 36 may be exercised in addition to any prosecution or other legal action.

Severability

If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part thereof shall not be construed as having persuaded or influenced Council to pass the remainder of this by-law and it is hereby declared that the remainder of this by-law shall be valid and shall remain in force.

Penalties

Any person who contravenes any provisions of this by-law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, R.S.O. 1990,  Chapter P.33 and amendments thereto.

1. In addition to imposing a fine, a court of competent jurisdiction may, upon conviction of an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

2. Any person who contravenes any provisions of this bylaw may be subject to additional fees as set out in the current municipal User Fee bylaw, as amended

By-law repealed

By-law Number 2016-139 and any amendments made hereto are hereby repealed.

This By-law shall take effect on the day it is enacted. 

Read, done and passed in open Council, this 9th day of August, 2017

Guy Desjardins, Mayor                          

Monique Ouellet, Clerk

 

 Parks - 2010 - 36

Whereas pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, as amended council of a local municipality may pass a By-law to regulate and control all public parks and park buildings in the City of Clarence-Rockland and to protect these lands on behalf of the public interest;

And whereas the Municipal Act 2001, S.O. 2001, c. 25, provides the City of Clarence-Rockland with broad authority to pass by-laws within various “spheres of jurisdiction”, including a by-law with regard to the health, safety and well-being of persons in public parks and park buildings in the city;

And whereas this by-law applies to all parks and park buildings owned by or under the control and management of the city.

And whereas the council of the City of Clarence-Rockland deems it expedient to regulate the use of parks and park facilities within the limits of the city.

Now therefore the council of the City of Clarence-Rockland enacts as follows:

Definitions:

1.       in this by-law:

“Alcoholic Beverage” means spirits, liquor, beer, wine or any combination thereof and includes any alcohol in a form appropriate for human consumption as a beverage alone or in combination with any other substance;

“Animal” means any member of the animal kingdom, other than a human, and includes birds;

“Barbecue” means a portable or fixed device designed and intended solely for the cooking of food in the open air, but does not include outdoor fireplaces and campfires;

“Boat” includes a canoe, rowboat, punt, sailboat, outboard and inboard motor boat, and personal water craft;

 “Camp” means to erect a structure, hut or tent for the purpose of providing shelter;

 “City” means the municipal corporation of the City of Clarence-Rockland or the geographic area of the City of Clarence-Rockland as the context requires;

“Director” means the director of parks and recreation of the City of Clarence-Rockland or authorized designates, unless otherwise specified;

“Facility” means any area, pool, building or structure in a park under the jurisdiction of the community services and recreation department of the City of Clarence-Rockland;

“Motorized Vehicle” means an automobile, truck, motorcycle or any other vehicle propelled or driven by means other than muscular power but does not include a wheelchair or motorized vehicles operating pursuant to the approval of the director;

“Municipal Law Enforcement Officer” means a peace officer for the purpose of enforcing municipal by-law, as set out in the Police Services Act.

“Organized Team sport” means a team sport which operates under the auspices of a league, club or association and has a registration process with designated player rosters;

“Park” means a playground, playing field, ball diamond, sports field, boat launch, recreation centre, community building, facility, square, garden, water, pedestrian walkway or any other area owned, leased or used by the city and devoted to active or passive recreation and includes any lane or walkway or public parking area leading thereto;

“Person” means any individual, association, firm, partnership, corporation, agent or trustee and the heirs, executors, or other legal representatives of a person to whom the context can apply according to law;

“Service Animal” means an animal trained by a recognized school for service as a guide dog for the blind or visually-impaired, a guide dog for the deaf or hearing-impaired, or a special skills dog for other disabled persons and includes an animal used in therapy, registered with a recognized organization for that purpose;

“Sports Field” means an area in a park set aside for use in sports, such as football, soccer, rugby and cricket, requiring an open field space;

 “Waste” means paper, bottles, broken glass, cans, rags, garbage, rubbish, debris or refuse of any kind.

“Wheelchair” means a chair mounted on wheels, which is propelled by muscular power or any other type of power and is used for the carriage of a person who has a disability.

Interpretation

2. (1)     In this by-law, a word interpreted in the singular number has a                                corresponding meaning when used in the plural.

   (2)     It is declared that if any section, subsection or part or parts thereof be declared by any court of law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

Hours of Operation

3. (1)  No person shall:

      (a) Remain or enter into any park between the hours of 10:00 o’clock in the afternoon (p.m.) and 5:00 o’clock in the forenoon (a.m.) except as a participant or spectator of a function approved by the director;

     (b) Remain in the park upon completion of an activity as a participant or spectator no more than (1) on hour after the end of any function;

     (c)  Enter any place in a park where a sign prohibiting admittance or trespassing is displayed or where  admission is otherwise prohibited or restricted.

  (2) Despite subsection (1), where the hours of operation in a park are posted and differ from those in subsection (1), no person shall remain or enter into the park outside of the posted hours provided that the posted hours are no later than 11:00 o’clock in the afternoon (p.m.) or earlier than 5:00 o’clock in the forenoon (a.m.).

  (3)  where the posted hours are later than 11:00 o’clock in the afternoon (p.m.) or earlier than 5:00 o’clock in the forenoon (a.m.), clauses (a) and (b) of subsection (1) shall apply.

Animals

4. (1) No person being the owner or having care and custody of an animal shall permit such animal to be in a park without having physical control of such animal by means of a leash not exceeding eight (8) feet.

   (2) Subsection (1) shall not apply to a person with a service animal.

   (3) Despite subsection (1) and subject to other applicable municipal by-laws, the director may permit animals to be brought into a park for specific events, if the applicant files with the director request for a specific event indicating the time, date, place and purpose together with any additional information requested by the director.

 (4) No person being the owner or having care and custody of an animal shall fail to pick up the animal excrements. 

Sports and Activities

5. (1) No person shall participate in or play baseball, softball, basketball, volleyball, football, soccer, rugby, tennis, croquet, cricket, badminton, ultimate frisbee, disk golf, skateboarding or any other sport or activity in a park except in an area designated by the director for such respective purpose and in accordance with subsection (2).

    (2) No person shall use a ball diamond or a use a sports field on any day between the 30th day of November and the 30th day of April of any year, except as provided for in subsection (6).

    (3) Despite subsection (2), the director may, at his or her discretion, amend the dates on which a ball diamond and sports field may be used, on the basis of the ground conditions of the ball diamond or sports field.

    (4) Despite subsection (2), the director may, at his or her discretion, restrict or permit access, at any time and to any one ball diamond or sports field, on the basis of the ground conditions of the ball diamond or sports field.

    (4.1)  Subject to subsections (3) and (4), no person shall use or access a ball diamond or sports field to which access has been restricted by the director.

    (5) No person shall engage in any horse race or ride a horse in a park in an area not designated for that purpose by the director.

    (6) No person shall access or engage in casual winter sports during the winter months unless,

         a.  the ground is snow covered,

         b.  the site is not altered, and

         c.  there is no damage to the field.

    (7) No person shall play golf, drive a golf ball or use golf clubs or other like equipment or drive a golf cart in a park except in an area designated by the director for that purpose.       

    (8)  No person shall use a tennis court located in a park unless such person is a participant or a spectator.

    (9)  No person shall possess any bows or arrows or discharge arrows in or into a park except in an area designated by the director as an archery range.

    (10) No person shall operate a motor driven model airplane, helicopter or rocket except in an area designated by the director for that purpose.

    (11) No person shall use a barbecue in a park except in areas designated by the director for that purpose.

    (12) No person shall engage in any sport or activity that may endanger any park user.

    (13) No person shall restrict the use of any portion of the park without the written approval of the director.

Cycling, Skateboarding, Rollerblading, Motorized Vehicles

6. (1) The director may designate a park or part thereof as a place in which the riding of bicycles is prohibited and shall provide signage to indicate the park or part thereof to which the designation applies.

    (2) No person shall ride a bicycle or participate in skateboarding or rollerblading in a park, or part thereof, designated by the director as prohibiting cycling, skateboarding or rollerblading.

    (3) No person shall drive a motorized vehicle in a park, except in areas and during hours designated by the director for that purpose.

    (4) No person shall drive, park or stop a motorized snow vehicle or an all terrain vehicle in a park except in areas and during the hours designated by the director for that purpose.

    (5) No person shall drive a motorized vehicle in a park in such as  fashion as to create a hazard condition or cause damage to its infrastructure  

Permits

7.  (1) No person shall, in a park and without a permit issued by the director:

      a.  sell, or offer, expose or advertise for sale any:

            i. food or drink,

            ii. newspaper, magazine or publication,

            iii.goods, wares or merchandise,

            iv.art, skill or service;

      b.  Practice, carry on, conduct or solicit for any trade, calling, business or occupation;

      c. Distribute any flyers or circulars, or post any bills, notices or advertising devices, including signs, of any kind;

     d. Convene, conduct or participate in any parade or procession;

     e. Convene, conduct or hold a public meeting, or deliver a speech as a member of or to members of any group or to members of the general public;

     f.  Have in his/her possession any alcoholic beverage;

     g. Ignite, discharge or set off any fireworks or firecrackers;

     h. Light any open air fire in any park, except in places, specifically provided by the city;

     i. Camp in any park, or construct any tent or other structure;

     j. Use a public address system or other device or equipment for amplifying sounds in a park;

     k. Play any music whether individually or in a band, or 

     l.  Allow a hot air balloon to land or take off from a park, except in emergency situations only. 

(2) No person without a permit shall refuse to vacate a park, or portion of a park, in the event that a holder of a permit for that park, or portion of the park, wishes to access the area in accordance with the terms and conditions of his or her permit.

(3) No permit holder shall undertake to use a park or its facilities unless the permit holder:

      a. Maintains, at his or her own expense, liability insurance coverage related to the holding of the event and subject  to limits of not less than two million dollars ($2,000,000.00), inclusive per occurrence, for bodily injury, death and damage to property, and such insurance shall be in the name of the permit holder or the sponsoring organizer of the event and, where applicable, shall name the City of Clarence-Rockland as an additional insured;

     b. Is eighteen (18) years of age or older;

     c. Does not charge admission or sell refreshments except as authorized by the director;

     d. Follows the incident reporting procedures outlined in the permit in the event of an incident, including the contacting of on-site city staff, police , paramedic or fire services, as appropriate; and

     e. Complies with any other conditions of the permit issued by the director pursuant to subsection (6).

(4) A permit issued by the director is valid on the date or dates shown on the permit.

(5) No holder of a permit issued by the director shall access or use a park unless the permit holder:

      a. Accesses or uses the area of the park designated by the director for the permitted use;

      b. Produces his or her permit upon being so directed by the director or a municipal law enforcement officer;

      c. Immediately vacates the park upon being so ordered by the director or a municipal law enforcement officer; and

      d. Complies with the conditions of the permit, including any additional conditions imposed by the director pursuant to subsection (6).

(6) The director may attach such additional conditions to a permit as deemed necessary to ensure public safety, protect city property or maintain the enjoyment of the park for the public.

(7) A permit for park use issued by the director is not transferable.

(8) The permit holder shall comply at all times with all other applicable municipal by-laws and provincial and federal laws.

Encroachment

8. No person, being the owner or tenant of land adjacent to a park property, shall allow, cause or permit the following on park property:

      a.       planting of any hedge, tree, shrub or garden,

      b.       construction of any fence, storage shed, retaining wall or other structure of any kind,

      c. keeping of any composting receptacle or pile, or placing of any string, wire, chain, rope or similar material.

Asset Protection

9. (1) No person shall, in a park, cut, climb, break, injure, deface, disturb or remove any property including:

     a.  a tree, shrub, bush, flower, plant, grass, wood, soil, sand, rock or gravel,

     b.       building, cage, pen, or monument.

    (2) No person shall, in a park, mark or write upon, damage or otherwise injure any property of the city including:

        a. any part of the interior or exterior of a building,

        b.  any monument, fence, bench or other structure.

    (3) No person shall throw a stone or other object that may cause injury or damage to any person or to property.

    (4) No person shall, in a park:

           a. disturb, injure, wound, hunt, trap, attempt to kill or kill any animal,

           b. touch, interfere with, remove or injure any bird’s nest, the eggs or the young birds contained therein, or

           c. provide, cause to be provided, deposit or leave any food that may be used by wildlife in a park.

   (5) No person shall, in a park:

        a. Leave or deposit any waste, except in a receptacle provided for that purpose,

        b. Deposit or leave any paint, grease, oil, offal or any dangerous matter that has an odour or appearance found  to be offensive by users of the park,

        c. Scatter any paper, cardboard, or any other material; or undertake any maintenance activities or alter existing grounds or facilities unless authorized to do so by the director.

   (6) No person shall discharge, dump or leave any construction material, earth, dirt, rock, snow, stone or any other materials in a park, or in any ravine, slope, or other land access way to a park, except with the written consent of the director.

   (7) No person shall use a park or any part thereof for the purpose of:

        a. Washing, cleaning, polishing, servicing, maintaining or, with the exception of any emergency, repairing any motorized vehicle, or

        b. Instructing, teaching or coaching any person in the driving or operation of a motorized vehicle.

   (8) No person shall transport across, launch, beach or dock a boat in any park except on a portion of land specified for such purposes and with proper authorization by the director.

Skating

10.  No person using a skating rink in a park shall:

      a. race or speed so as to endanger or interfere with any other person using the rink,

      b. carry a cane, stick or any other object that is, or is likely to be, dangerous to other persons on a rink, except such equipment as may be required for any sport or activity approved by the director;

     c. use the rink during the preparation period; or

     d. fail to obey the instructions of a person employed by the City of Clarence-Rockland or any other person appointed by the director to oversee the operation and use of skating rinks.

Swimming

11. No person shall swim, bathe, wade in or enter the waters off a boat launch pad.

General

12.     (1)  No person shall engage in loud, boisterous, threatening, abusive, insulting or indecent language, or engage in any disorderly conduct or behavior in a park. 

          (2) No person shall engage in any activity so as to interfere with or become a nuisance to the general public using the park.

          (3) No person shall discharge any firearm in a park.

          (4) No person shall smoke within nine metres (9m) of the entrance or exit of a facility or any other building that is owned or leased by the city.

          (5) For the purposes of subsection (1), “smoke” includes the carrying of a lighted cigar, cigarette, pipe or any other lighted  smoking equipment and “facility” includes only a building or structure.

          (6) No person shall engage in any casual or unscheduled games that may interfere with regular or scheduled authorized activities by the director.

          (7) No person shall use any park in such a manner as to endanger, interfere, or jostle other persons using such park or facility with the exception of when such interference is permitted during organized events

Restriction of Use

13.     (1)     The director may, at any time and at his or her discretion, temporarily or permanently close to the public a park, a portion of a park or a building in a park due to inclement weather or other circumstances deemed appropriate by the director.

          (2)     Where the director has temporarily or permanently closed to the public a park, a portion of a park or a building in a park pursuant to subsection (1), no person shall remain in or enter the closed area.

Indemnification

14. The applicant for a permit to access any park shall indemnify and save harmless the City of Clarence-Rockland from any and all claims, demands, causes of action, losses, costs or damages that the City of Clarence-Rockland may suffer, incur or be liable for resulting from the use of the park whether with or without negligence on the part of the applicant, the applicant’s employees, directors, contractors and agents.

Revocation

15. Permits issued to a permit holder under this by-law may be revoked by the director if, in the opinion of the director, the permit holder fails to comply with the requirements of the permit or any other provisions of this by-law.

Exemptions

16.     (1)     The provisions of this by-law shall not apply to the City of Clarence-Rockland or its agents, employees or contractors during the course of performing their duties in relation to park  construction, maintenance enforcement or other necessary activities.

          (2)     The provisions of this by-law shall not apply to the any bona fide                             emergency service providers.

Enforcement

17.     (1)     This by-law shall be enforced by the municipal law enforcement officers of the city.

          (2)     No person shall obstruct, hinder or interfere with the municipal law enforcement officer in the lawful performance of his duties.

Offences and Penalties

18.  (1)  Every person who contravenes any of the provisions of this by-law is guilty of an offence.

       (2)  Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, chapter p.33.

       (3)  Where a person has been convicted of an offence under this by-law:

            a. the Ontario Court of Justice, or

            b.any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed towards the continuation or repetition of the offence.

19.     Every person who acts in contravention of this by-law so as to cause the city to incur costs due to his or her actions shall, in addition to any penalty provided for herein, be liable to the city for all expenses incurred for the purpose of repairing or replacing damaged property or removing unauthorized materials, and such expenses may be recovered by court action or in a like manner as municipal taxes.

By-law Repealed

20. By-law number 2000-65 of the City of Clarence-Rockland “being a by-law to regulate the use of parks” is hereby repealed.

Effective Date

21.     This by-law shall come into force on June 1st, 2010.

Read, done and passed in open council, this 12th day of April 2010.                                                       

Richard Lalonde, Mayor                                    

Monique Ouellet, Clerk

 

 Parkland 2018-61

Being a by-law to provide for the conveyance of land for park or other recreational purposes, or cash-in-lieu of parkland conveyance

Whereas section 42, 51.1 and 53 of the Planning Act, R.S.O. 1990, c.P13, as amended, authorize local municipalities to pass by-laws requiring that land or cash-in-lieu thereof be conveyed to the local municipality as a condition of development or redevelopment of land, the subdivision of land, or the granting of provisional consent over land;

And whereas the Council of the Corporation of the City of Clarence­ Rockland has adopted policies within its Official Plan pertaining to the conveyance of land or cash-in-lieu thereof to the City as a condition of development or redevelopment of land, the subdivision of land, or the granting of provisional consent over land under the Planning Act;

And whereas the Council of the Corporation of the City of Clarence­ Rockland deems it necessary and expedient to enact a by-law to provide for the provision of lands for park or other public recreational purposes and the use of alternative requirements therefore;

Now therefore the Council of the Corporation of the City of Clarence­ Rockland enacts as follows:

1. Title, Scope and Intent

1.1 This By-law shall be known and cited as the "Parkland Dedication By-law" of the City of Clarence-Rockland.

1.2  This By-law shall apply to all lands within the geographic boundary of the City of Clarence-Rockland.

1.3  The intent of this By-law is to enable the City of Clarence-Rockland to provide land for public parks or other public recreation purposes. The City is permitted to require the conveyance of parkland or cash­ in-lieu of parkland as a condition of development or redevelopment, subdivision of land, or the granting of provisional consent as regulated under the Planning Act. Land conveyed to the City under this By-law shall be used for Parkland or other public recreational purposes, subject to the policies of the Official Plan and this By-law and provincial laws.

Definitions

1.4         For the purposes of interpretation of this By-law, the following definitions shall apply:

(a)      "Affordable Housing" means:

  1. in the case of ownership housing, the least expensive of:
    1. housing for which the purchase price results in annual accommodation costs which do not exceed 30 percent of gross annual household income for low and moderate income households; or
    2. housing for which the purchase price is at least 10 percent below the average purchase price of a resale unit in the regional market area;
    3. in the case of rental housing, the least expensive of:
      1. a unit for which the rent does not exceed 30 percent of gross annual household income for low and moderate income households; or
      2. a unit for which the rent is at or below the average market rent of a unit in the regional market area.

(b)      "Cash-in-Lieu" means a payment of money for park or other public recreational purposes which is collected in lieu of a conveyance of land which would otherwise be required to be conveyed pursuant to the parkland provisions of the Planning Act.

(c)       "City" means the Corporation of the City of Clarence-Rockland, as represented by the Director of Infrastructure and Planning.

(d)      "City User Fees By-law" means the City of Clarence-Rockland User Fees By-law.

(e)      "Convey /Conveyed" means to deed or transfer land for park or other public recreational purposes.

(f)         "Development" means:

  1. any construction, erection or placing on land of one or more buildings or structures, or making of an addition or alteration to a building or structure which has the effect of substantially increasing the size or usability thereof, or laying out and establishment of a commercial parking lot that is subject to Site Plan Control as per the City's Site Plan Control By-law;
  2. the creation of one or more lots through the granting of consent, via plan of subdivision, or via plan of condominium;

and includes redevelopment.

(g) "Director of Infrastructure and Planning" means the Director of the Infrastructure and Planning Department of the City of Clarence-Rockland or his authorized agent.

(h) "Director of Community Services" means the Director of the Community Services Department of the City of Clarence­ Rockland or his authorized agent.

(i) "Dwelling Unit" means a place of residence with one or more habitable rooms containing separate kitchen and bathroom facilities for private use as a single housekeeping unit.

(j)   "Gross Floor Area" means the aggregate area of a building contained within the exterior walls, but does not include attic or basement space unless otherwise specified. Where attic space is located adjacent to floor area as described above and exceeds a headroom clearance of 1.8 metres at any given point, the entire attic space shall be included as floor area.

(k)  "Gross Land Area" means the land area of the entire development site, including the parcel of land which is to be dedicated for park purposes, including any easements, roadways and stormwater management facilities etc., but excluding roads, road rights-of-way, and areas that have been dedicated to the local municipality or other public agency or lands designated as Environmental Protection Area or similar designation.

(I) "Market Appraisal" means a written opinion of fair market value of one or more parcels of land supported by presentation and analysis of relevant data by a certified accredited appraiser.

(m) "Market Value" means the monetary price a property would be expected to bring in a competitive and open market, as of the specified date, under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably and assuming price is not affected by undue stimulus.

(n)  "Mixed Use" means the physical integration of residential and commercial, industrial or others uses within a building or structure or separate buildings or structures on the lands proposed for Development.

(o) "Not-for-Profit Organization" means a corporation registered as a charity and regulated under the Not-for-Profit Corporations Act, 2010 or regulated by one or more provincial and/or federal act(s).

(p) "Official Plan" means the Official Plan of the Urban Area of the City of Clarence Rockland in effect at the time, the Bourget Official Plan in effect at the time, and the Official Plan of the United Counties of Prescott and Russell in effect at the time.

(q) "Parkland" means developable lands that are suitable for the development of a recreational area, playground, playing fields or similar use and may also include community recreational and leisure facilities, accessory buildings or structures such as a maintenance building, washroom or canteen.

(r) "Planning Act" means the Planning Act, R. S. 0. 1990 as amended or replaced.

(s) "Second Unit" means:

  1. the use of two residential units in a detached house, semi­ detached house or rowhouse if no building or structure ancillary to the detached house, semi-detached house or rowhouse contains a residential unit; and
  2. the use of a residential unit in a building or structure ancillary to a detached house, semi-detached house or rowhouse if the detached house, semi-detached house or rowhouse contains a single residential unit.

(t)   "Subsidized Housing" means rental dwelling units where rent is based on rentgeared- to-income (RGI) and does not exceed 30 per cent of gross annual household income up to a defined minimum.

Interpretation

1.5  Unless otherwise defined, the words and phrases used in this By-law have their normal and ordinary meaning.

1.6  This By-law is gender neutral and, accordingly, any reference to one gender includes the other.

1.7  Words in the singular include the plural and words in the plural include the singular.

1.8  Headings and the table of contents are inserted for convenience of reference purposes only, form no part of this by-law and shall not affect in any way the meaning or interpretation of the provisions of this by-law.

2. Parkland dedication

2.1 As a condition Development, the City shall require the conveyance of land for park or other public recreational purpose at the rates defined herein.

Commercial and Industrial uses

2.2 Where land is developed for commercial or industrial use, the City shall require the conveyance of land for park or other public recreational purpose at a rate of 2% of the gross land area being developed, redeveloped or subdivided.

Residential uses and other uses

2.3  Where land is developed for residential use, the City shall require the conveyance of land for park or other public recreational purpose at a rate of 5% of the gross land area being developed, redeveloped or subdivided.

2.4 Where land is developed for residential use and where the density is greater than 35 units per hectare, the City may require that the rate used to determine the parkland conveyance be one (1) hectare for each 300 dwelling units proposed, but for mid-high rise apartments, as defined by the City's Zoning by-law, this parkland conveyance will not exceed a maximum of 10% of the land area of the site being developed.

Mixed Uses

2.5  When land is developed for Mixed Uses, the land to be conveyed shall be as follows:

(a)  For Mixed uses on a site, the land to be Conveyed shall be the sum of the requirements proportionate to the site area allocated to each use at the rates set out in sections 4.2, 4.3, and 4.4.

(b) For Mixed Uses within a building, the land to be conveyed shall be the sum of the requirements proportionate to the gross floor area allocated to each use at the rates set out in sections 4.2, 4.3, and 4.4.

Single lot created by consent

2.6 Where land is severed for commercial or industrial use, the City shall require the conveyance of land for park or other public recreational purpose at a rate of 2% of the gross land area being severed.

2.7  Where land is severed for residential use, the City shall require the conveyance of land for park or other public recreational purpose at a rate of 5% of the gross land area being severed.

City's determination

2.8  The parkland conveyance requirements will be determined at the time of development review and the amount of land will be identified as a condition of approval.

2.9 The location and configuration of land required to be conveyed shall be determined by and at the discretion of the City. All conveyances shall be free of any and all encumbrances.

3. Lands Suitable for Parkland Conveyance

3.1  The City may accept land for passive and active Parkland and other public recreational purposes. These lands conveyed to the City shall be in a location and physical condition satisfactory to the Director of Infrastructure and Planning and to the Director of Community Services. Any land parcel configuration, size or location that is constrained or deemed undesirable, as determined by the Director of Infrastructure and Planning or by the Director of Community Services, shall not be acceptable as Parkland Conveyance. Factors that will be considered in determining suitability for conveyance include, but are not limited to the following:

(a)  Open frontage on a public road which provides visibility and accessibility;

(b)  Adequate size and configuration to accommodate park amenities such as sports fields, playgrounds, and programmable open space as required;

(c)  Physical state, including lot grading and drainage, to accommodate park amenities such as sports fields, playgrounds, and programmable open space as required;

(d)  Abutting complementary land uses;

(e)  Consistent with the Official Plan policies for the area and for parks and leisure areas;

(f)   Connectivity to the existing trail system, where possible;

(g)  Pedestrian and cyclist access, including direct access to existing or planned Parkland;

(h)  Opportunities to co-locate with schools;

(i)   Public access to the Ottawa River;

(j)   Equitable distribution within the community; and

(k)   Connectivity to existing and planned parks and open spaces.

4. Lands Not Suitable for Parkland Conveyance

4.1  Land that is considered not suitable for park or other public recreational purpose will not be counted towards the amount of land required to be conveyed in order to fulfill the requirements in Section 4 of this By-law. Such land may include, but is not limited to:

(a) Hazardous or flood prone areas;

(b) Steep or unstable slopes;

(c) Any land having unsuitable or unstable soil conditions for intended recreation facilities;

(d) Utility rights-of-way or easements;

(e)  Any land containing an easement, encumbrance or right-of-use that limits or restricts the City's use of the land;

(f)  Any land subject to a no-touch/no-development setback;

(g) Stormwater management facilities;

(h)  Provincial or locally significant wetlands or woodlands;

(i)   Required setbacks and buffer lands from natural features such as wetlands and watercourses;

(j)   Roadways   or    walkways    being   conveyed    for non-parkland purposes;

(k)  Lands that are deemed to be contaminated; and

(I)   Lands determined to be unsuitable as Parkland by the Director of Infrastructure and Planning or by the Director of Community Services.

4.2  Any land that has been or is to be conveyed to the City for stormwater management facilities, for flood plain or conservation purposes, for roadways, walkways or any other non-parkland purpose, will not be credited against the required parkland conveyance or cash-in-lieu thereof.

4.3  Where conveyance of land for park purposes is not feasible within the site being developed, the City may consider the conveyance of land outside of the site being developed if the City is satisfied that the land provides a benefit to the residents of the land being developed.

5. Cash-In-Lieu of Parkland Dedication

5.1  As an alternative to the conveyance of land, the City may require, at its discretion, the payment of money equal to the value of lands otherwise required to be conveyed under this By-law, or a combination of land and money.

5.2  Generally, the City may, in the following circumstances, require the payment of cash-in-lieu instead of accepting a conveyance of land:

(a) Where there is no land that is either usable or functional on the site for parkland or recreational purposes;

(b) Where the conveyance of parkland from the site would reduce the number of dwelling units or the floor space area of the development to the extent that the development is unfeasible;

(c) Where the City has identified land in a more appropriate or accessible location and that has been or is to be acquired by the City;

(d) Where the area being developed or redeveloped is already well served with parkland; or

(e)  For the creation of a lot by consent.

5.3  The decision whether or not to require a conveyance of land, payment of cash-in-lieu of accepting a conveyance or combination therein, will be made by the Director of Infrastructure and Planning on the advice of the Director of Community Services at the time of development review.

5.4  Where Cash-in-Lieu of Parkland is required, the City shall require that the payment be in the amount of the value of the land otherwise to be conveyed as per section 4 of this By-law.

5.5  Notwithstanding section 7.4, where the conveyance of Parkland for residential uses is required at a rate of 1 hectare per 300 Dwelling Units, the Cash-in-Lieu payment shall be calculated based on the value of land required to be conveyed at a rate of 1 hectare per 500 Dwelling Units.

6.  Valuation of Land

6.1   Where Cash-in-Lieu of Parkland is required, the value of the land shall be determined by:

(a)    A market appraisal or a letter of opinion, obtained by and at the owner's expense, approved by the Director of Infrastructure and Planning, as of the day before the granting of the draft approval for development by way of plan of subdivision or condominium, and the day before the granting of provisional consent for a consent application; or

(b)  A market appraisal or a letter of opinion, obtained by and at the owner's expense, approved by the Director of Infrastructure and Planning, as of the day before planning approval is given for a development by way of site plan control; or

(a) The most recent land sale record of the subject property, no more than 12 months prior to the date of the agreement, reviewed and accepted by the Director of Infrastructure and Planning; provided the sale was at market value and there has been no change that may impact the land value, including but not limited to changes in the zoning, Official Plan designation, or severance.

7.  Exemptions

7.1  No conveyance of land or payment of cash-in-lieu under this by-law is required in the case of the development of a building that was accidentally damaged or demolished so long as:

(a)  The building continues to be used for the same purpose after it is repaired, replaced or rebuilt; and

(b)  There is no increase in number of dwelling units or (gross) floor area.

7.2   No conveyance of land or payment of cash-in-lieu under this by-law is required in the case of the development of:

(a)   An addition or alteration to an existing residential building that does not result in an increase in dwelling units;

(b)   A new agricultural lot;

(c)   A place of worship; (d)    A cemetery;

(e)   A   non-profit rental or not-for-profit sponsored ownership residential development or other development that provides public facilities or services and that is undertaken by a non­ profit organization;

(f)   A college or university or a school as defined by subsection 1(1) of the Education Act, where the school provides· for the student's outdoor recreational needs on-site at the time of development;

(g)  A municipal or other government use;

(h)  A second unit as defined in this By-law or a garden suite as defined in the City's Zoning By-law;

(i)   A home-based business or a home industry as defined in the City's Zoning By-law;

(j)   An addition or alteration to an existing commercial or industrial building that does not require site plan control approval as per the Planning Act or the Site Plan Control By-law;

(k)  A temporary use for which an approval has been granted under section 39 of the Planning Act; or

(I)   Any development of a use undertaken in partnership with the City.

7.3  No conveyance of land or payment of cash-in-lieu under this by-law is required for:

(a)   A change of use from residential to commercial or industrial or for the alteration of an existing building from a change of use from residential to commercial or industrial; or

(b)  A change of use from commercial or industrial to another commercial or industrial use, or for the alteration of an existing building resulting in a change of use from commercial or industrial to another commercial or industrial use.

7.4  Parkland requirements for Conveyance shall be reduced for Developments and Redevelopments by Not-for-Profit Organizations for Subsidized and Affordable Housing. The reduction in Parkland required for Conveyance or the equivalent Cash-in-Lieu will be proportionate to the percentage of Affordable and/or Subsidized Dwelling Units. This reduction shall be calculated as one per cent of the land area of the land to be conveyed or one percent of the total payment of Cash-in-Lieu for each one per cent of the total number of units in the development which are Affordable and/or Subsidized Dwelling Units.

8. Credits for Previous Conveyances

8.1 Notwithstanding Sections 4 and 7 of this By-law, where it is known or can be demonstrated that the required parkland conveyance or cash-in-lieu thereof has been previously satisfied in accordance with the Planning Act, no additional conveyance or payment will be required in respect of subsequent Development unless:

(a) There is a change in the proposed Development which would increase the density of the development providing a net unit gain; or

(b) Land originally proposed for Development for commercial or industrial purposes is now proposed for Development for other purposes.

8.2  Land or Cash-in-Lieu required to be conveyed or paid to the City for park or other public recreation purposes pursuant to Sections 4 or 7 of this By-law shall be reduced by the amount of land or Cash-in­ Lieu previously received by the City in accordance with the Planning Act in respect of the land being Developed.

9.  Timing Of Parkland Conveyance or of Cash-In-Lieu Payment

9.1  Where land is required to be conveyed to the City in accordance with Section 4 of this By-law, the lands shall be conveyed as follows:

(a) In the case of Development to be approved pursuant to sections

51 or 53 of the Planning Act, the City may require the Conveyance of land as a condition of approval, and said lands shall be Conveyed to the City either prior to or immediately upon registration of the plan or the consent being given, as determined by the Director of Infrastructure and Planning or by the Director of Community Services;

(b) In the case of Development where land has not been conveyed or has not been required pursuant to sections 51. 1 or 53 of the Planning Act, the City shall require the conveyance of land as a condition of Development prior to building permit issuance, in accordance with section 41 of the Planning Act.

9.2  Where Cash-in-Lieu of Parkland is required to be paid to the City in accordance with Sections 7 and 8 of this By-law, the payment shall be made as follows:

(a)  For Development where the City has required the payment of Cash-in-Lieu  of Parkland as a condition of an approval or consent, pursuant to sections 51.1 or 53 of the Planning Act, the Cash-in- Lieu payment shall be paid prior to plan registration or the consent being given;

(b)  For Development approved via Site Plan Control pursuant to section 41 of the Planning Act, where Cash-in-Lieu has not been required pursuant to sections 51.1 or 53 of the Planning act, the Cash-in-Lieu payment shall be paid upon signing of a Site Plan Agreement or prior to the issuance of the first building permit in respect of the Development as per section 42 (6.1) of the Planning Act.

10. Disputes

10.1    In the event of a dispute between the City and the Owner on the value of land as determined under Section 8 of this By-law:

(a)       Either party may apply to the Local Planning Appeals Tribunal to have the value of the land determined.

(b)       For development, the Owner may pay the amount required under protest and shall make an application to the Local Planning Appeals Tribunal in accordance with the provisions under Section 42 of the Planning Act.

11.  Administration

11.1    This By-law will be administered by the Director of Infrastructure and Planning, the Director of Community Services, and the Treasurer.

11.2     All money received by the City as a requirement under section 7, and all money received on the sale of any land required to be conveyed under section 4, less any amount spent by the City out of its general funds in respect of the land, shall be paid into a special account referred to as the Cash-in-lieu - Parkland Account, and spent only for the acquisition of land to be used for park or other public recreational purposes, including the erection, improvement or repair of buildings and the acquisition of machinery for park or other public recreational purposes.

11.3     The money in the Cash-in-lieu - Parkland Account may be invested in securities in which the City is permitted to invest under the Municipal Act 2001, and the earnings derived from the investment of the money shall be paid into the Cash-in-lieu - Parkland Account, and the auditor in the auditor's annual report shall report on the activities and status of the account.

11.4    The Treasurer shall maintain a record of all lands and cash-in-lieu received including all expenditures from the cash-in-lieu of parkland reserve fund and shall present this information to Council in the form of an annual financial statement which shall be made available to the public.

11.5     The statement required under section 13.4 shall include, for the preceding year:

(a)      Statements of the opening and closing balances of the special account and of the transactions relating to the account;

(b)       Statements identifying:

  1. Any land or machinery acquired during the year with funds from the special account;
    1. Any building erected, improved or repaired during the year with funds from the special account;
    2. Details of the amounts spent; and
      1. For each asset mentioned in subclauses i and ii, the manner in which any capital cost not funded from the special account was or will be funded; and

(c)       Any other information that is prescribed.

11.6     Council may, by resolution, vary any of the requirements for parkland dedication or payment in lieu thereof set out in this By­ law.

11.7     Should any section or part of this by-law be declared or determined by a court or tribunal of competent jurisdiction to be invalid that portion of this by-law shall be considered to be severed from the balance of this by-law, which will continue to operate in full force and effect.

Read, passed and adopted by council, this 23rd day of May 2018.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

 Pools 2013-47

Being a municipal by-law to establish certain provisions concerning the security around privately-owned swimming pools and spas;

Whereas section 11(2)6 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, authorizes council to pass by-laws concerning health, safety and well-being of its inhabitants;

Whereas section 11(3)7 of the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, authorizes Council to pass by-laws concerning structures, including fences and signs;

Whereas the council considers convenient to govern the installation and the location of private swimming pools and spas on its whole territory, in order to reduce the risks of drowning;

Now therefore the council of the Corporation of the City of Clarence-Rockland enacts as follows:

1. Short title

This by-law may be referred to as the “pool by-law”.

2. Definitions

In this by-law:

(a) “Yard” means an open space as defined by the zoning by-law in force.

(b) “Chief Building Official” means the chief building official of the City of Clarence-Rockland appointed or constituted or a subordinate under his/her authority.

(c) “Pool Fence” means a vertical barrier constructed of chain-link, wood, fibre glass, metal or other material to enclose a private swimming pool or spa as per the requirements of this by-law. a pool fence does not include a hedge.  a pool fence may include a self-latching gate.

(d) “Front Lot Line” as defined in the zoning by-law 2006-3 as amended.

(e) “Rear Lot Line” as defined in the zoning by-law 2006-3 as amended.

(f) “Side Lot Line” as defined in the zoning by-law 2006-3 as amended.

(g) “Exterior Side Lot Line” as defined in the zoning by-law 2006-3 as amended.

(h) “Gate” means part of a fence that is removable, swinging, sliding or otherwise used as a barrier to block or close an access.  a gate may include a door.

(i) “Self-Latching Device” means an automatic locking device attached to a fence, gate or door which prevents access from the outside.

(j) “Spring-Loaded Device” means a self-closing device which allows an automatic lock (often by means of a spring) of a door or a barrier included straight from pool fence.

(k) “Municipal Law Enforcement Officer” means a municipal law enforcement officer appointed under section 15 of the Police Services Act to enforce by-laws.

(l) “Private Swimming Pool” means an artificial outdoor, above or in-ground pool used for swimming, with a depth of more than 60 centimetres. a private swimming pool does not include:

(i) a beach;

(ii) a natural swimming area:

(iii) water garden.

(m) “Spa” means a hot tub of varied forms, provided with hydro-jets and holes by which escapes compressed air or water, the water of which is warmed and in continuous movement.

(n) “Permit” means a permission or authorization given, in writing, by the chief building official to install or construct a private swimming pool or spa as regulated by this by-law.

(o) “Municipality” means the City of Clarence-Rockland.

(p) “Owner” means the registered owner of the land and includes a lessee, mortgagee in possession, or the person in charge of the property.

(q) “Construct” means to do anything in the erection, installation and includes the installation of a pool unit fabricated or moved from elsewhere. 

3. Permits

(a) no person shall construct a private swimming pool or a spa, or have another individual construct a private swimming pool or a spa, without having obtained a permit from the building department of the City of Clarence-Rockland.

(b) If the installation of a swimming pool or a spa includes a deck or other structure which requires the issuance of a building permit under the provisions of the Ontario Building Code, the permit fee as specified in schedule a for the swimming pool or spa permit is waived.

(c) The permit fee and performance deposit to be charged at permit issuance are specified in schedule a of this by-law. 

4. Application for Permit

(a) To obtain a permit the owner or applicant shall file an application in writing by completing a prescribed form available at the city.

(b) Sufficient information shall be submitted with each application for a permit to enable the chief building official to determine whether or not the proposed work will comply with the by-law or any other applicable law or regulation. 

(c) After six months of the date of filling, where a permit has not been claimed, the chief building official may cancel the said application at his or her discretion.

5. Water Fill

No person shall fill a private swimming pool or a spa, before it is completely surrounded with a pool fence according to the provisions of this by-law.

6. Location of a Private Swimming Pool

(a)    No person shall construct a private swimming pool in the front yard.

(b)    No person shall construct a private swimming pool at no less than 3.5 meters to any exterior side lot line and at no less than 1.5 meters from an interior side lot line or rear lot line.

(c)    No person shall construct a private swimming pool’s pumping, filtration or heating equipment at no less than 1.0 meter of any interior property line, at no less than 1.0 meter of any rear property line, or at no less than 3.5 meters of all exterior property line.

(d)    No person shall construct a private swimming pool’s pumping, filtration or heating equipment at no less than 1.5 meter of all private swimming pools, unless they are installed under a deck or inside a building adjacent to the private swimming pool.

7. Mandatory Pool Fences

(a) No person shall construct a private swimming pool without being surrounded by a pool fence that conforms to this by-law. however, a building wall can be substituted for any portion of the pool fence when the doors and windows located on this wall are locked with suitable locking devices; and

(i) Notwithstanding the provisions of paragraph 7.(a) pool fence is not required to be erected upon lands abutting the Ottawa river provided that there is no access to the said lands by the public at large: it being provided however that this exception will only be permitted if side yard fences are erected along the boundary lines of the lands and premises where the swimming pool is located which fence shall be minimum of 1.5 meters in height and which fence shall extend beyond the water’s edge to a distance of at least 0.61 meters. 

(b) No person shall construct a door or a gate leading directly to the private swimming pool without installing a spring-loaded closing device and a self-latching device permitting the door or gate to close after its opening. the self-latching device shall be located inside the pool area at least 1.2 meter in height. 

(c) Every person shall have the swimming pool gate closed and locked at all times when the swimming pool is not being used. 

8. Requirements Relating to a Pool Fence

No person shall construct a private swimming pool without the pool being completely surrounded by a pool fence, according to the following requirements:

(a) The pool fence including the gate must be at a minimum height of 1.5 meter, measured from the finished grade of the property, without exceeding a maximum height of 2 meters.

(b) The fence that forms part of this enclosure shall:

(i) be constructed solidly;

(ii) be constructed in such a manner as to prevent children from climbing;

(iii) have no openings that could let in a spherical object with a diameter of 10 cm  or more;

(iv) be built in a manner that the distance between ground level and the pool fence does not exceed 10 cm;

(c) The gate which forms part of the fence shall be equipped with spring-loaded and self-latching devices.  the self-latching device must be installed at more than 1.2 meter high, measured from the finished grade of the property or the adjacent floor.

(d) Gates forming part of a deck or a patio must:

(i) Have a minimal height of 1.2 meters in height, in regards to the adjacent floor or equal to the top of the last step adjacent to the gate;

(ii) Be equipped with a spring-loaded device and with a self-latching device. the self-latching device must be installed inside the pool area at more than 1.2 meter in height from the adjacent floor or from the last step adjacent to the gate;

(iii) Have no openings that could let in a spherical object with a diameter of 10 cm or more.

9. Accessory Building

No person shall construct a shed or an accessory building closer than 1.5 meters of any private swimming pool.  Any shed sheltering the filtration system must be designed in such a manner as to not create a means of climbing to access the swimming pool.

10. Above Ground Pool

No person shall construct an above ground private swimming pool without respecting the following provisions:

(a)     above ground pool vertical walls can be considered as a pool fence if the wall of an above ground pool has at least 1.5 meters in height or is equipped with a guard giving a minimal height of 1.5 meters measured from the finished grade of the property.

(b) an above ground pool totally or partially surrounded by a walkway adjacent to the pool wall must be surrounded by a guard conforming to the ontario building code for height and to a minimum height of 1.5 meters, measured from the finished grade of the property. Also, this walkway must not be built in a manner that will permit climbing;

(c)  the step of a collapsible ladder or the step giving access to a raised walkway directly installed as a border to the pool or part of it, shall not be accessible when the pool is without supervision.

11. Spa

No person shall construct a spa without being completely surrounded with a fence, according to the requirements of a pool fence or be provided with a lid having locks. The lid must be put back in place and locked as soon as the bathing is ended.

12. In Ground Pool

No person shall construct a private in ground swimming pool without a surrounding sidewalk or decking of no less than 0.6 meters and made of non-skid materials.  In the event that landscaping materials, such as gardens or water features, surround a portion of the pool, a sidewalk shall not be required for the landscaped portion.

13. Ground Elevation

No person shall construct a private swimming pool, a spa or a pool fence if the existing grades or landscaping patterns are modified, unless otherwise approved by the city.  The finished grade of the premises, after the installation of the swimming pool is completed, shall comply with the lot grades and drainage pattern approved by the city.

Draining of Wastewater

a) No person shall discharge water from a private swimming pool or spa into the municipal storm sewer unless it has been dechlorinated for 7-10 days prior to drainage.

b) No person shall discharge salt water from a private swimming pool or spa into the storm sewer.

c) no person shall drain discharge water from a private swimming pool or spa as to cause this water to flow onto neighbouring properties, to cause ponding onto a road or street or to cause damages, erosion to any property.  the drainage of wastewater shall be done as a slow trickle onto its own property as to be absorbed into the ground.

Safety Precaution

No person shall construct a private swimming pool without respecting the following guidelines:

(a) an in-ground pool can be equipped with a diving board in the deep end, only if the distance between the diving board and the water surface does not exceed 1 meter and the deep end of the pool is at least 3 meters deep.

(b) the fence and the swimming pool area shall not be located under a hydro line.

(c) an above ground swimming pool shall not be equipped with a diving board or a slide.

14. Offence

Any person who contravenes any provisions of this by-law is guilty of an offence.

15. Penalties

Any person who is convicted of an offence is liable to a fine as provided for in the provincial offences act.

16. Administration and Enforcement

(a) The building department is responsible for issuing pool permits and for their inspections.

(b) The municipal law enforcement department and the chief building official are responsible for the enforcement of all persons who contravene any provisions of this by-law.

(c) A Chief Building Official or designate or a municipal law enforcement officer designated to perform inspections pursuant to this by-law may, at all reasonable times, enter onto land for the purpose of an inspection of the land.

(d) Where it becomes necessary to proceed pursuant to section 19. e) of this by-law, a municipal law enforcement officer may enter onto lands with any person and the appropriate equipment, as required, to bring the property into compliance with this by-law.

(e) Where any requirement in accordance with this by-law is not carried out, the municipal law enforcement officer or any persons designated by the municipal law enforcement officer for the Corporation of the City of Clarence-Rockland may, upon such notice as he deems suitable, empty, erect a fence or do any other work to reasonably secure a private swimming pool or a spa at the expense of the person required to do it and, in so doing, may charge an administration fee of 15% of the amount expended by or on behalf of the municipality and such total shall be recovered by action or in like manners as municipal taxes.

17. Court Jurisdiction

When a person has been convicted of an offence under this by-law, the provincial court or competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act by the person convicted directed towards the continuation or the repetition of the offence.

18. Severability

Should any section, clause or provision of this by-law be held by a court of competent jurisdiction to be invalid, the validity of the remainder of the by-law shall not be affected, and said section, clause or provision shall be severable from the remainder of the by-law. 

19. Transition

Any pool fence that was lawfully erected in conformity with the provisions of a previous pool by-law is deemed to comply with this by-law and may be maintained as erected.

The provisions of this by-law shall also apply to swimming pools and spas which have been constructed or installed prior to the passing of this by-law unless they were legally installed prior to the passing of this by-law. 

20. By-law repealed

By-law 2007-50 as amended, is repealed.

21. Effective Date

This by-law shall come into effect on the date of its adoption.

Dated and passed in open council, this 17th day of June 2013.         

Marcel Guibord, Mayor                                                             

Monique Ouellet, Clerk 

 

 Schedule A
 
Fees
CategoryFee
Pool/spa permit (including fence)  $125
Performance deposit  $100
Revision of grading plan $100

An administration performance deposit shall accompany the pool/spa permit.  The full amount of the administration performance deposit is to be refunded in whole or in part to the permit holder in accordance with the following provisions;

(a)One hundred per cent (100%) of the administration performance deposit is to be refunded if construction is completed and approved within one (1) year of the date of the issuance of the permit,

(b)Fifty percent (50%) of the administration performance deposit is to be refunded if construction is completed and approved after the one (1) year of the date of the issuance of the permit,

(c)No refund of the administration performance deposit will be awarded if construction is not completed or not approved after two(2) years of the date of the issuance of the permit.  This will not relieve the permit holder of obligations under any regulations of any by-law or regulations made thereunder.

The refund of the whole or in part of the administration performance deposit shall not be deemed a waiver of any provisions of any by-law or regulations made thereunder.  Also the refund should not be construed as a certification or guarantee that the pool or spa for which a permit was issued meets all the requirements of the by-law or regulations made thereunder.

 Private Entrances 2017-44

A by-law to regulate the construction of private entrances on city roads and to prohibit the obstruction of ditches, watercourses and other water outlets.

Whereas Section 8 (1) of the Municipal Act, 2001, as amended, provides that the powers of a municipality shall be interpreted broadly so as to confer broad authority on municipalities,

a)    To enable them to govern their affairs as they consider appropriate; and

b)    To enhance their ability to respond to municipal issues;

And whereas Section 11(3) of the Municipal Act, 2001, provides that the Corporation of the City of Clarence-Rockland may pass by-laws with respect to the use of its highways and matters concerning drainage;

And whereas Section 391(1) of the Municipal Act, 2001, as amended, provides that without limiting sections 9, 10 and 11, those sections authorise the Corporation of the City of Clarence-Rockland to impose fees or charges on person, for

a)    Services or activities provided or done by or on behalf of it;

b)    Costs payable by it for services or activities provided or done by or on behalf of any other municipality or any local board; and

c)     The use of its property including property under its control.

And whereas Section 27 (1) of the Municipal Act, 2001, as amended, authorises the Corporation of the City of Clarence-Rockland to pass by-laws in respect of a highway under its jurisdiction;

And whereas Section 446 of the Municipal Act, 2001, as amended, provides that, where the Corporation of the City of Clarence-Rockland has the authority under the Act or under a By-law under the Act to direct or require a person to do a matter or thing, the Corporation may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person’s expense, and the Corporation may recover the costs of doing such matter or thing by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes;

And whereas Council deems it expedient to regulate the construction of entrances upon any City road forming part of the roads’ system of the Corporation of City of Clarence-Rockland;

And whereas Council deems it expedient to prohibit the obstruction of drainage ditches, watercourses and other water outlets within the Corporation of the City of Clarence-Rockland as follows:

Now therefore be it enacted by the Council of the Corporation of the City of Clarence-Rockland that:

  1. In this By-Law:

1.1  “entrance” means any driveway, laneway, private road, entrance or other structure or facility constructed or used as a mean of access and/or egress to and/or from a highway under the jurisdiction of the Corporation, herein defined as a City Road;

1 .2 “front yard ditch filling” means the tiling and covering or filling in, of a City roadside ditch, in front of the property for the purpose of improving a lawn or other frontage;

1.3  “Corporation” or “City” means the Corporation of the City of Clarence-Rockland;

1.4 “applicant” means any person, group or corporate body who applies to the Corporation for permission to construct an entrance or a front yard ditch filling;

1.5  “Director” means the Director of Infrastructure and Planning of the Corporation of the City of Clarence-Rockland appointed to administer and manage the provisions of this by-law and includes his authorized subordinates and assistants.

1.6 “Local Collector” means Maisonneuve Road, Baseline Road (from Canaan Road to Joanisse Road and St-Jean Street to Landry Road), Canaan Road (from Vinette Road to Baseline Road) and Vinette Road (from Joanisse Road to Bouvier Road).

Classification of Entrances:

2.1  “Public Entrance” means an entrance opening onto a City road from a public road, street or highway or other thoroughfare, maintained by a municipality or other authority;

2.2 “Residential Entrance” means an entrance opening onto a City Road from one or more residential dwelling units where there is no common parking area;

2.3  “Commercial Entrance” means an entrance opening onto a City Road from a property used for commercial, industrial or institutional use or a combination thereof and includes residential properties such as apartments, townhouse developments and other multiple dwelling unit developments having common parking areas;

2.4 “Farm Entrance” means an entrance opening onto a City Road from a farm or other agricultural use, primarily for access to barns and outbuildings;

2.5 “Field Entrance” means an opening onto a City Road from a field or bush forming part of a farm.  It shall be used only for the passage of animals and for agricultural related activities, but not for access to buildings of any type;

2.6  “Field Entrance for crop harvesting” means an opening onto a City Road from a field forming part of a farm.  It shall be used only for the purpose of harvesting crops, but not for access to buildings of any type;

2.7  “Temporary Entrance” means an entrance that will be used for a limited period of time to permit construction or other short term access.

3. No person, group or corporate body shall undertake to construct, alter or change an entrance or the use of an entrance or shall proceed with the filling or alteration of a front yard ditch adjacent to a City Road, until he has obtained a permit issued from the Corporation and paid the prescribed fees.

4. Each application for a permit shall be made on the form provided by the Director.

5. The installation permit shall be issued on behalf of the Corporation by the Director subject to the terms and conditions provided herein and shall be valid only upon the completion of the terms and conditions contained therein.

6. The cost of construction or alteration of all entrances or front yard ditch filling, including the construction of catch basins, curbs, gutters, sidewalks, islands, granular, pipes, vegetation or other necessary appurtenances shall be borne entirely by the applicant.

7. Every application for a permit shall be subject to a fee and shall be accompanied by a security deposit, as set out in Schedule “A”. No permit shall be issued until the required security has been deposited and the fee has been paid.  No fee paid for a permit shall be refunded.  If the Director is satisfied that all the requirements of the permits have been met, the applicant’s security deposit will be returned.  In the event that a permit is not approved by the City for issuance, the security deposit is refundable.

8. In the event that an entrance or front yard ditch filling has not been constructed or installed in accordance with the permit, it shall be removed by the applicant upon written direction issued by the City.  Failure to do so will result in the removal by the City at the expense of the applicant, all subject to the enforcement provisions of this By-Law.  All costs incurred by the City shall be paid by the applicant and may be drawn from the security deposit deposited at the time of the permit issuance.

9. Each application for a permit shall be accompanied by proof of ownership of the subject property, in a form satisfactory to the Director and shall provide and maintain Comprehensive/ Commercial General Liability insurance acceptable to the Corporation and subject to limits specified in Schedule “E”.

10. In order to do the works, the permit holder shall hire a “competent person” as defined under the Occupational Health and Safety Act and shall submit a Traffic Control Plan to the Director.  No works shall occur until such time as the Director has approved of the Traffic Control Plan.      

11. Where the applicant wishes to construct an entrance, the Director shall determine the size, location and mode of construction of the culvert, bridge, pipe or other structure to be used in the construction of an entrance and he shall state these requirements and any other special provisions he deems necessary on the permit issued to the applicant.

12. Where the applicant wishes to construct a front yard ditch filling, the Director shall determine the size, location and mode of construction of the culvert, bridge, pipe or other structure to be used in the construction of a front yard ditch filling and he shall state these requirements and any other special provision he deems necessary on the permit issued to the applicant.

13. No person shall obstruct any ditch, drain, watercourse or culvert either situated on or adjacent to a City road or any ditch, drain, watercourse or culvert providing an outlet for water discharged from a City road.

14. Any person found to be obstructing a drain, ditch, watercourse or culvert, shall, when requested by the Director to do so, remove the obstruction within such time as is reasonable having regards to all circumstances but, in any event, within twenty-four (24) hours, and in default thereof, same shall be done by the Corporation at the person’s expense as provided in Section 446(1) of the Municipal Act, 2001, S.O., 2001, Chapter 25, as amended.

15. Each entrance or front yard ditch filling on to a City Road must be designed, constructed and maintained in a manner that will prevent surface water from adjoining properties being discharged via the entrance on to the travelled portion of the City Road.

Restrictions regarding location of entrances

16. An entrance will not be permitted in a location that in the opinion of the Director would cause a traffic hazard.

17. A Residential Entrance, Agricultural Entrance or Field Entrance may be refused if it fails to meet all of the minimum requirements listed in Schedule “B”.

18. A Commercial Entrance may be refused if it fails to meet all of the minimum requirements listed in Schedule “B”.

19. Subject to the unfettered discretion of the Director, a maximum of one entrance may be approved for each existing lot of record.  A second entrance shall not be permitted unless it is an auxiliary Field entrance, an auxiliary Farm entrance or an auxiliary Field entrance for crop harvesting used solely for agricultural purposes or is replacing an existing entrance which is not an auxiliary field entrance and meets all of the requirements listed in Schedule “B”.

20. No new (additional) entrance permits shall be granted to existing lots of record which have an existing approved entrance whether shared or otherwise onto a City Road.  Should a lot of record have more than one existing entrance, the Director, in its sole discretion, reserves the right to eliminate as many entrances as required in order to comply with the provisions of this By-law and the owner  shall be required to apply for a permit to remove such entrance(s).

21. Subject to the unfettered discretion of the Director, no new entrance for lots of record or severed lots shall be permitted on a City road where the average minimum spacing is less than those established in Schedule “B”.

22. Where it is not possible to meet a minimum spacing between adjacent entrances as noted in this by-law, a shared mutual entrance may be granted.  A shared mutual entrance shall straddle the shared mutual property line between the two land parcels.  If a property cannot be serviced by a shared mutual entrance, approval of an entrance will be denied.

23. A new entrance may be permitted for existing lots of record where no entrance has previously been provided, subject to the provisions of this By-Law.

24. A new entrance may be permitted where such a new entrance would replace an existing entrance and would establish superior entrance standards over existing conditions.

25. When an entrance is to be changed or altered or where the property is used for any purpose other than its original use, a permit shall be required and the installation must comply and be subject to all of the provisions set out in this by-law including but not limited to the standards established in Schedule “B”. 

 Maintenance

26. Property owners having access to a City Road are solely responsible for the maintenance and replacement of the access including but not limited to the removal of snow and ice, shoulder gravel and winter sand, keeping the portion of the access within the right-of-way in a safe condition for vehicular traffic.  Such property owner shall ensure the replacement of all portions of the access as and when necessary.  A culvert pipe or any other structure installed under the terms of this by-law shall be the property of the property owner  and all subsequent maintenance, repairs, alterations, replacements, etc., shall be the responsibility of the property owner.

27. Any existing entrance or any entrance installed under the terms of this by-law shall be the property of the property owner upon acceptance of the work and all subsequent maintenance, repairs, alterations, replacements, surface repairs etc., shall be the responsibility of the property owner.  The applicant or his successor shall maintain and replace from time to time, as required, any works installed under the provisions of this By-Law and installed prior to the passing of this By-Law.

28. Any existing front yard ditch filling or any front yard ditch filling installed under the terms of this by-law shall be the property of the property owner upon acceptance of the work and all subsequent maintenance, repairs, alterations, surface repairs etc., shall be the responsibility of the property owner.  The property owner shall maintain and replace from time to time, as required, any works installed under the provisions of this By-Law and works installed prior to the passing of this By-Law.

29. Head walls, retaining walls or structures (ie pillars, timber/railway tie/ block/ stone/ brick walls or any other type of material) at culverts shall not be permitted within the City road allowance.  These shall be removed by the applicant upon written direction issued by the Director.  The Public Works Department shall not be responsible for replacing any structures connected with any entrance while doing any maintenance work within the road allowance.

30. Curbing shall be permitted for commercial and/or urban entrances provided it conforms to the Ontario Provincial Standard Drawings and Specifications.

31. Where an existing entrance or any ditch infilling pipe works is affected solely by the reconstruction of a City Road or the reconstruction or cleaning of a ditch, the City shall reinstate, at the City’s cost, the affected entrance and ditch infilling pipe when the reconstruction of the entrance or the cleaning or reconstruction of the ditch is required by the City or for City purposes.  Any original materials of construction salvaged shall remain the property of the City.

32. The City shall maintain the authority to relocate/close any entrance that does not comply with any section of the by-law.

33. Temporary Entrances

33.1 Notwithstanding the provisions of this by-law, Temporary Entrances may be permitted by the Director. The Director shall specify the mode of construction, establish the standards and specifications of construction and establish the time period the Temporary Entrance shall be permitted to exist.

33.2 If at the end of the specified time period for which a Temporary Entrance installation permit was issued, the said permit is not renewed by the Director, or the structure of the entrance removed, the applicant to which the permit was issued shall be deemed to be causing an obstruction and the provisions of this by-law shall be applied.

34. Time Limit

The construction of an entrance or a front yard ditch filling, in accordance with the specifications established in this By-Law, shall be completed within six (6) months from the date of issuance of the installation permit. The Director may, upon application, renew or extend any permit issued under this By-Law, at no charge to the applicant, if it is deemed appropriate by the Director, in his sole discretion. 

35. The City reserves the right to refuse approval of any application or remove an existing entrance should it be determined that any one of the objectives or requirements of the By-Law is or will be compromised as determined at the sole discretion of the Director.

Appeal of refusal of entrance 

36. Entrance applications that do not conform to this By-law shall be denied and the applicant shall be so informed in writing within five days of the Director’s decision.  The applicant’s security deposit shall also be returned at this time.  A person who wishes to appeal a decision of the Director made pursuant to this By-law may appeal the Director’s decision in accordance with the following:

a) An application for an appeal shall be made to the Director and shall be accompanied by an administrative fee of $500.00 for each denied application under the provisions of this By-law; said fee is non-refundable.

b) City Council (or a Committee to whom this function has been delegated) shall, within a reasonable time after receiving an application for an appeal, hold a hearing at a place and time determined by City Council in order to allow the applicant an opportunity to make representations.  A written summary of the applicant’s presentation to the Committee or Council must be submitted to the Director no less than ten business days before the date of the hearing.  The applicant’s summary shall be distributed to City Council (or the applicable committee).  The applicant’s verbal presentation to City Council (or the applicable committee) shall be no longer than ten minutes.

c)Should the applicant’s appeal be granted, the original application fee ($200.00) shall be waived or returned, however, the applicant will have to re-submit the security deposit as specified in Schedule “A” of this by-law.

Remedial Action

37. Every person who fails to comply with the requirements set out in this By-law, shall by the date specified within any notice by the City, take all necessary steps to comply.

38. In the event that a person fails to comply with the notice provided by the City, the City may do the work at the expense of the owner by adding the costs incurred by the City to the tax roll for that property and collecting them in the same manner as taxes.

Offence and Penalty Provisions

39. Any person who contravenes the provisions of this By-law is guilty of an offence and, upon conviction, is subject to a fine as provided in the Provincial Offences Act and to any other applicable penalties.

40. If this By-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may, in addition to any other remedy and to any penalty that is imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted.

41. Each day of default by the owner in complying with any of the provisions of this By-law shall constitute a separate offence.

42. This By-Law is subject to and in furtherance of The Drainage Act, R.S.O., 1990, Chapter D.17 as amended.

Indemnification

43. The applicant (being the owner and/or contractor as the case may be) shall defend, indemnify and save harmless the City, its elected officials, officers, employees and agents from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever, including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property  including loss of revenue or incurred expense resulting from disruption of service, arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of the Supplier, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the performance of work pursuant to this By-law and any permit issued by the City thereunder.  This indemnity shall be in addition to and not in lieu of any insurance to be provided by the applicant in accordance with this By-law, and shall survive completion of the works.

44. The applicant agrees to defend, indemnify and save harmless the City and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever arising out of or related to the contractor’s status with WSIB. This indemnity shall be in addition to and not in lieu of any proof of WSIB status and compliance to be provided by the contractor in accordance with this By-law, and shall survive the completion of the works.

Validity

45. If a court of competent jurisdiction declares any provision, or any part of a provision, of this by-law to be invalid, or to be of no force and effect, it is the intention of Council in enacting this by-law that each and every provision of this bylaw authorized by law be applied and enforced in accordance with its terms to the extent possible according to law.

46. By-Law Number 2005-84 is hereby repealed.

Read and passed in open council this 3rd day of April, 2017.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

 Schedule A
 
Application non-refundable fee
Type of work performedAdministrative Fee
  • Relocate Entrance
  • New Entrance
  • Any extension to entrance
$200
  • Remove entrance
  • Replace entrance at same location
$0
  • Front yard ditch filling or any extension
$200

 

Security Deposit Fees
Type of Work PerformedSecurity Deposit Fee
Any relocated, replaced, or new entrance or any extension; $1,500
Front yard ditch filling or any extension $ 200 per linear meter of ditch filling with a minimum of $1,000

 Schedule B
 
Minimum requirements for location and size of entrances
Classification of entranceRequirements

Residential use

(applies to driveways and private garages associated with any detached dwelling, semi-detached dwelling, duplex dwelling, linked dwelling, townhouse dwelling and back to back townhouse dwellings)

a)    One entrance per lot shall be permitted.

b)    Minimum width of driveway: 3 meters

c)     Maximum width of driveway:

  1. The lesser of 6 meters or 55% of the lot frontage for a lot having a lot frontage of 12 meters or less
  2. Equal to 50% of the lot frontage on a lot having greater than 12 meters and less than 18 meters of lot frontage to a max of 7 meters.
  3. 9 meters for a lot having a lot frontage equal to or greater than 18 meters.

d)    If on a local collector as defined in the Counties Official Plan, not within 30 metres of any entrance on the same side of the road or/and from any intersection or/and from a public entrance;

e)    Not within 30 metres of upon or across a day lighting triangle, acceleration, deceleration or passing lane;

f)      Not within 30 meters of a structure such as bridges that may obstruct the vision of traffic using an adjacent entrance and traffic on the City Road approaching the entrance.

g)    The sight distance equals or exceeds the distances as contained in the Minimum Sight Distance Table (1) which is contained in the schedule appended hereto as Schedule “C”.

If on a local road, the distance between the intersections of a street line measured along the street line intersected by such driveway shall be 6 meters.

Non-residential use and Agricultural use (field entrance and farm entrance) 

a)  The maximum width shall be 12 metres.

b)  If on a local collector as defined in the Counties Official Plan, not within 30 metres of any entrance on the same side of the road or/and from any intersection or/and from a public entrance;

c)  Not within 30 metres of upon or across a day lighting triangle, acceleration, deceleration or passing lane;

d)  Not within 30 meters of a structure such as bridges that may obstruct the vision of traffic using an adjacent entrance and traffic on the City Road approaching the entrance.

e)  The sight distance equals or exceeds the distances as contained in the Minimum Sight Distance Table (1) which is contained in the schedule appended hereto as Schedule “C”.

f)    The minimum distance between 2 driveways on one lot shall be 30 meters, except as otherwise approved under a Site Plan Agreement.

g)  If on a local road, the distance between the intersections of a street line measured along the street line intersected by such driveway shall be 8 meters.

A Farm Entrance or Field Entrance shall only be permitted for a property where the agricultural activity takes place over an area of five or more hectares or in such other circumstances deemed appropriate by the Director.  

 


Note:  The most restrictive criteria will dictate if an entrance can be permitted and if so the location of the entrance 

 Schedule C

 

Minimum Sight Distance
Speed Limit km/hFlat – less than 3% (metres)On a grade – 3 % or greater (metres)
40 45 45
50 65 65
60 85 90
70 110 120
80 140 155
90 170 190
100 200 220

Minimum Sight Distance Table - Commercial Agricultural
Speed Limit km/hSight Distance (metres)
50 120
60 140
70 160
80 180
90 200
100 230

Sight distance possibly too high for urban and village.

 Schedule D
 

Minimum size and type of pipe

The diameter, gauge, length and type of culvert to be used to convey surface water drainage either through an entrance or a front yard ditch filling shall be determined by the City with the minimum size of culverts to no less than 450 mm in diameter and 9 meters in length.  A larger size culvert may be required depending on the contributing drainage area, as determined by the Director.  Side slopes shall be no steeper than ratio of 2 (horizontal) to 1 (vertical).

Only new standard corrugated steel pipe with a minimum wall thickness of 1.6 mm for pipes size up to 1,200 mm or high-density polyethylene (HDPE) materials 320 kpa for entrances and 210 kpa for front yard ditch filling; approved by the Director shall be used.  The wall thickness for corrugated steel pipes with a larger diameter than 1,200 mm shall be evaluated on a case by case basis.

Culverts shall be installed at the proper grade so as to provide free and unimpeded flow of water through the culverts.

The culvert shall be centred on the entrance and in the ditch line unless otherwise approved by the Director.  The invert of the culvert must be set plus or minus 150 mm below the existing ditch grade.

A front yard fill application could be denied if it implies a connection to a cross-culvert inlet or outlet that would cause restrictions in the maintenance or replacement of that cross-culvert.

The use of water tanks, barrels, concrete blocks, concrete pipe, used corrugated steel pipe or used plastic pipe shall not be permitted.

Applicants shall acknowledge that they may be required to submit a site grading plan depicting the existing topography and the proposed site grades, spot elevations, swales, cross-sections etc., at the discretion of the Director.

Applicants shall acknowledge that they may be required to install catch basins, clean-outs, inlet and other structures as may be necessary to facilitate drainage from or alongside the road, at their cost.  Only new manufactured components (grills, tees, catch-basins, manholes, couplers, etc.) of the exact same type and size as the pipes shall be used for the construction of the front yard fill and entrance.

Minimum culvert length
Ditch depth(measured from top of entrance)Culvert Length ResidentialCulvert Length Commercial & AgriculturalCulvert Length Crop Harvesting
 Less than 1.0 metre  9 metres  12 metres  31 metres
1.0 meter to 1.5 metres  11 metres  14 metres  33 metres
1.5 metres to 2.0 meters  13 metres  16 metres  35 metres
2.0 metres to 2.8 metres  16 metres  20 metres  38 metres
 More than 2.8 metres  20 metres  25 metres  45 metres

 Schedule E

Minimum Insurance Requirements

The land owner, at the application process and prior to the commencement of work, obtain and maintain until the termination of the contract or otherwise stated, provide the City of Clarence-Rockland with evidence of:

Commercial General Liability Insurances 

Commercial General Liability Insurance issued on an occurrence basis for an amount of not less than $2,000,000. per occurrence / $2,000,000. annual aggregate for any negligent acts or omissions by the land owner relating to their obligations under this Agreement.  Such insurance shall include, but is not limited to bodily injury and property damage including loss of use; personal injury; contractual liability; premises, property & operations; non-owned automobile; broad form property damage; broad form completed operations; owners & contractors protective; occurrence property damage; products; employees as Additional Insured(s); contingent employers liability; tenants legal liability; cross liability and severability of interest clause

This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available to the City.  The land owner shall indemnify and hold the City of Clarence-Rockland harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any negligence or acts or omissions whether willful or otherwise by the land owner, their employees or other persons for whom the land owner is legally responsible.

Automobile Liability Insurance

Automobile liability insurance with respect to owned or leased vehicles used directly or indirectly in the performance of the services covering liability for bodily injury, death and damage to property with a limit of not less than $1,000,000. inclusive  for each and every loss.

Environmental Impairment Liability (if applicable)

The Contractor shall effect and maintain Environmental Impairment Liability with a limit of not less than $1,000,000. Per Incident /Annual Aggregate.  Coverage shall include Third Party Bodily Injury and Property Damage including on-site and off-site clean-up.  If such insurance is issued on a claims made basis, such insurance shall be maintained for a period of two years subsequent to conclusion of services provided under this Agreement.

Should the land owner hire a contractor to carry out the work on their behalf, the contractor shall provide the City of Clarence-Rockland with evidence of the following Insurance:

Commercial General Liability Insurance

Commercial General Liability Insurance issued on an occurrence basis for an amount of not less than $5,000,000. per occurrence / $5,000,000. annual aggregate for any negligent acts or omissions by the contractor while carrying out the work associated with the road permit.  Such insurance shall include, but is not limited to bodily injury and property damage including loss of use; personal injury; contractual liability; premises, property & operations; non-owned automobile; broad form property damage; broad form completed operations; owners & contractors protective; occurrence property damage; products; employees as Additional Insured(s); contingent employers liability; tenants legal liability; cross liability and severability of interest clause

Such insurance shall add the City of Clarence-Rockland and the land owner as Additional Insured with respect to the operations of the contractor.  This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available to the City and/or land owner.  The contractor shall indemnify and hold the City of Clarence-Rockland and the land owner harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any negligence or acts or omissions whether willful or otherwise by the contractor, their officers, employees or other persons for whom they are legally responsible.

Automobile Liability Insurance

Automobile liability insurance with respect to owned or leased vehicles used directly or indirectly in the performance of the services covering liability for bodily injury, death and damage to property with a limit of not less than $5,000,000. inclusive for each and every loss.

Environmental Impairment Liability (if applicable)

The Contractor shall effect and maintain Environmental Impairment Liability with a limit of not less than $2,000,000 Per Incident /Annual Aggregate.  Coverage shall include Third Party Bodily Injury and Property Damage including on-site and off-site clean-up.  If such insurance is issued on a claims made basis, such insurance shall be maintained for a period of two years subsequent to conclusion of services provided under this Agreement.

Contractor's Pollution Liability

The Contractor shall carry a Contractor’s Pollution Liability Policy, underwritten by an insurer licensed to conduct business in the Province of Ontario for a limit of not less than $2,000,000.   The policy shall provide coverage on a gradual release for pollution conditions as a result of the operations performed at the job site.  Coverage shall include bodily injury, property damage, clean-up and remediation costs.  The Contractor shall purchase at minimum a 1 Year Extended Reporting Endorsement.

Professional Liability Insurance

Where the application involves or requires design of any part of the work, the Contractor shall take out and keep in force Professional Liability insurance in the amount of $1,000,000.00 providing coverage for acts, errors and omissions arising from their professional services performed pursuant to this By-law and any permit issued. The policy SIR/deductible shall not exceed $100,000 per claim and if the policy has an aggregate limit, the amount of the aggregate shall be double the required per claim limit. The policy shall be underwritten by an insurer licensed to conduct business in the Province of Ontario and acceptable to the City. 

All policies of insurance required herein shall add the City of Clarence-Rockland and the land owner as Additional Insured with respect to the operations of the contractor.  This insurance shall be non-contributing with and apply as primary and not as excess of any insurance available to the City and/or land owner.  The contractor shall indemnify and hold the City of Clarence-Rockland and the land owner harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any negligence or acts or omissions whether willful or otherwise by the contractor, their officers, employees or other persons for whom they are legally responsible.

The above noted policies shall not be cancelled, altered or lapsed unless the Insurer notifies the City in writing at least thirty (30) days prior to the effective date of the change or cancellation.

Prior to commencement of work, the land owner and / or contractor shall furnish the City with a certificate of insurance or copies of the policies confirming the aforementioned insurance. The insurance policy will be in a form and with a company which are, in all respects, acceptable to the City.  The insurance must be underwritten by an insurer licensed to conduct business in the Province of Ontario.

 Procedure - 2017-154 *

A by-law respecting the deliberations of the Board and committees of the Corporation of the City of Clarence-Rockland.

Download the By-Law 2017-154

 Procurement - 2019-41

Whereas Section 271 of the Municipal Act, 2001, as amended provides that a municipality shall adopt and maintain policies with respect to its procurement of goods and services;

Now therefore be it resolved that the council of the corporation of the city of Clarence-Rockland enact as follows:

1. General provisions

The purpose of this by-law is to establish a policy for the procurement of goods and/or services which supports providing ethical, professional and accountable delivery of programs and services to the residents of the City in a manner which protects the integrity of the City, the public and the participants in the competitive procurement process. Hence, the goals of this By-law are to:

1.1             Encourage competitive bidding;

1.2             Ensure objectivity and integrity of the competitive procurement process;

1.3             Ensure fair and equitable treatment of all bidders;

1.4             Ensure openness, accountability and transparency while protecting the financial best interests of the City;

1.5             Obtain the best value when procuring goods and/or services for the City;

1.6             Maintain timely and relevant policies and procedures by reviewing this by- law, at minimum, within five (5) years of the approval date to evaluate its effectiveness. This review shall be undertaken by an ad hoc committee of directors or designates the final result of which shall be comprised of a report to Council by the Director of Finance. This provision is intended to set a target date for a future review of this by-law and the failure to conduct a review within the time period set out shall not have an effect on the validity of this by-law;

1.7             Avoid conflicts between the interests of the City and those of the City’s employees and members of Council; and

1.8             Ensure compliance with applicable International / Inter-Provincial trade treaties or agreements, as amended.

2. Definitions

Award

Is when the contract has been signed by both the vendor and the City or a purchase order has been issued.

Bid

Is a quote, tender or proposal submitted to the City in response to a bid solicitation.

Bidder

Is a legal entity that submits a bid.

Bid Irregularity

Is a defect contained within a response to a bid solicitation.

Bid Dispute

Is a written complaint provided to the Manager of Supply by a bidder giving specific reasons of the complaint against the methods employed or decisions made by the City in the process leading to the award of a contract.

Bid Solicitation

Is an invitation for bids from the City for the purpose of entering into a contract.

Black Out Period

Is the period of time that starts when the bid solicitation is issued, and ends at the award.

City

Is the Corporation of the City of Clarence-Rockland.

Chief Administrative Officer

Is the Chief Administrative Officer as appointed by the Council of the Corporation of the City of Clarence-Rockland or his/her designate.

Client Department

Is the City Department who has budgeted for the goods and/or service.

Competitive

Is a procurement process where more than one bidder is provided the opportunity to submit a bid.

Compliant

Means the response to the bid solicitation conforms to the mandatory requirements contained in the bid solicitation.

Conflict of Interest

•        is defined as a situation or circumstances, real or perceived that could give a bidder or potential bidder an unfair advantage during a competitive procurement process or compromise the ability of a contractor to perform its obligations under their contract.

•        is a situation when a City employee or a member of their family has a direct financial interest in a contract or proposed contract with the City, and where the City employee could directly influence the decision made in the course of performing their job duties, and also where they could indirectly influence the decision through exerting personal influence over the decision-makers.

Consulting Services

Are services of an advisory nature required to support policy development, decision-making, administration, or management of a business or public entity; generally provided by individuals or organizations who possess specific knowledge, technical skills or unique abilities not usually available in-house or from within the City.

Contract

Is a binding agreement between two or more legal entities, awarded under this Procurement By-law.

Contractor

Is any legal entity to which a contract is awarded.

Council

Is the Council of the Corporation of the City of Clarence-Rockland.

Department

Is any department in the City of Clarence-Rockland

Delegation of Authority

Is when a person in authority appoints some or all of their authority to other City employees.

Designated

Means an employee designated by a Director and approved by the Chief Administrative Officer to exercise any or all responsibilities with respect to this Policy.

Director

Is any Director or designate of a department within the City of Clarence-Rockland.

Family Member

Is a spouse (including common law spouse), parent, grandparent, sibling, child, grandchild, niece, nephew, uncle, aunt or cousin of the City employee.

Goods

Means personal property, including raw materials, products, supplies, equipment and other physical objects of every kind and description but does not include real property.

Lease

An agreement by which one party (lessee) leases from a second party (lessor) equipment or space for a specified period of time at a predetermined cost.

Litigation (Pending)

Is whereby a potential claimant has demonstrated or manifested an intention to assert a possible claim.

Manager of Supply

Is the Manager of Supply and Processes of the City or designate.

Non-compliant

Means the response to the bid solicitation does not conform to the mandatory requirements contained in the bid solicitation.

Payment Card

Is a credit card used by authorized employees to pay for goods.

Procurement means

•        purchasing, renting, leasing, or otherwise acquiring any goods and/ or services or construction; includes all functions that pertain to the acquisition, including the description of requirements, preparation, solicitation, selection and award of the contract and all phases of contract administration; and

•        the combined functions of purchasing, inventory control, transportation, receiving, inspection, storekeeping, salvage and disposal operations.

Supply Department

Means the section of the Finance Department that is responsible for the procurement of goods and/ or services for the City.

Professional Services

Services rendered by members of a recognized profession or possessing a special skill. Such services are generally acquired to obtain information, advice, training, or direct assistance.

Proponent

A legal entity that submits a proposal.

Proposal

Is a submission received in response to a Request for Proposal, acceptance of which may be subject to further negotiations

Purchase Order

Means

a)     a written confirmation of the procurement of goods and / or services at a specific cost and required for any procurement of goods and / or services.

b)     may be used as the City’s contract with the vendor to formalize all the terms and conditions of a proposed transaction, such as a description of the requested items, delivery schedule, terms of payment, and transportation.

Quotation

is a submission received in response to a Request for Quotations.

Request for Expression of Interest (REI)

is an information gathering exercise, where the City makes a request to the market for the purpose of compiling a list of potential bidders who may be interested in providing goods and/or services to the City. This process does not create any contractual obligations.

Request for Information (RFI)

Is an information gathering exercise, where the City makes a request to the market for the purpose of compiling market information on goods and/or services. This process does not create any contractual obligations.

Request for Pre-Qualification (RPQ)

Is a request for the submission of information from potential bidders, that may include, but not limited to, experience, education, financial strength, and capabilities. Typically, a RPQ is a pre-cursor to a tender and multiple bidders are pre-qualified.

Request for Proposal (RFP)

Is a request for submissions focused on obtaining best-value where price is not the only evaluation factor as other evaluation criteria such as experience of personnel / bidder, methodology, and approach, among other things are weighted.  The pre-defined evaluation process, once applied, will reveal the successful proponent that obtained the highest scoring proposal, not necessarily the lowest priced.

Request for Quotation (RFQ)

Is a request for submissions where the specifications are defined and the successful bidder of the RFQ is the lowest compliant bidder and the value of the procurement is under $50,000.

Request for Tender (RFT)

Is a request for submissions where the specifications are pre-defined, confirmed in evaluation as being compliant and the successful bidder of the competition is the lowest compliant bidder

Request for Standing Offers (RFSO)

Is a request for standing offers where unit pricing for known goods or defined services of defined skills sets is the primary evaluation factor or other evaluation criteria such as experience of personnel / bidder, availability, or quality, among other things are considered. The successful proponents of the RFSO are made potential vendors for goods or services that are later set within a defined scope of work.

Scope of Work

Is the work that has been described in a bid solicitation that must be done to deliver the goods and/or services with the specified features and functions within the time, quality and price specified.

Services

Is any professional or general service work performed which does not result in the delivery of goods, e.g. repairs, training, surveys, consulting, etc.

Sole Sourcing

Is any procurement made where the procurement of goods and/or services is unique to a particular vendor and cannot be obtained from another source.

Single Sourcing

Is any procurement made where the procurement of goods and/or services is from a particular vendor rather than through bid solicitation from other vendors who can also provide the same goods and/or services.

Tender

Is a submission received in response to a Request for Tender

Value for Money/Best Value

Is a value-for-money approach which aims to deliver goods and / or services with a lower total life-cycle cost while maintaining a high standard.

Vendor

Is a supplier / seller of goods and/or services.

3. Application of by-law

This Procurement By-law shall apply to the procurement of goods and/or services for the purposes of all City Departments.  No expenditure, procurement or commitment shall be incurred or made, and no account shall be paid by the City for goods and/or services except as provided in this Procurement Bylaw or otherwise approved by Council.

4. Ethics

The Ontario Public Buyers Association’s Code of Ethics is based on the following tenets and all City employees who are authorized to procure goods and / or services on behalf of the City are to adhere to the following:

4.1             Open and honest dealings with everyone who are involved in the procurement process. This includes all businesses with which the City of Clarence-Rockland enters into contracts with or from which it procures good and/ or services, as well as all City employees and of the public who utilize the services of the Supply Department section of the Finance Department;

4.2             Fair and impartial award recommendations for all contracts and tenders. This means that the City does not extend preferential treatment to any vendor, including local companies, as is it not good business practice since it limits fair and open competition for all vendors and is therefore a detriment to obtaining the best possible value for each tax dollar;

4.3             An irreproachable standard of personal integrity on the part of all those designated as procurement agents for the city. Absolutely no gifts or favors are accepted by the procurement agents for the City of Clarence-Rockland in return for business or the consideration of business. Also, the procurement agents of the City of Clarence-Rockland shall not publicly endorse one company in order to give that company an advantage over others;

4.4             Cooperation with other public agencies in order to obtain the best possible value for every tax dollar. The City of Clarence-Rockland may participate with other government agencies or public authorities in co-operative purchasing where it is in the best interests of the City to do so; and

4.5             Continuous development of procurement skills and knowledge. All members of the Supply Department shall take advantage of the many opportunities provided by the various purchasing associations to further their knowledge of good public procurement principles and to maintain excellent skills.

5. Accountability and responsibility

5.1  Chief Administrative Officer

The Chief Administrative Officer has the authority to instruct directors not to award contracts and to submit recommendations to Council for approval and may provide additional restrictions concerning procurement where such action is considered necessary and in the best interest of the City

5.2 Directors

Each Director shall be responsible for:

5.2.1        The preparation and submission of reports for award of the contracts in accordance with this Procurement By-law;

5.2.2        Preparation of market ready specifications, scope of work or terms of reference;

5.2.3        That an original copy of all contracts be provided by the Director to the City Clerk;

5.2.4        Contract review and inspection to ensure that the scope of work, good and/ or services is being delivered in accordance with the contract;

5.2.5        Informing the Supply Department of any discrepancies with the receipt of goods and / or services, if required;

5.2.6        Authorizing the payment of bills;

5.2.7        Review of contractor performance;

5.2.8        For procurement activities within their departments and are accountable for achieving the specific objectives of the procurement project;

5.2.9        To award contracts in the circumstances specified in this By-law provided that the delegated power is exercised within the limits prescribed in this By-law, and the requirements of this by- law are met.

5.2.10     In conjunction with Supply Department shall provide evidence that the contract pricing represents fair market value;

5.2.11     In conjunction with the City Treasurer shall select the appropriate means to guarantee execution and performance of the contract. Means may include one or more of, but are not limited to, financial bonds or other forms of security deposits, provisions for liquidated damages, progress payments, and holdbacks.

Guarantees should:

a)       Not be excessive but sufficient to cover financial risks to the City;

b)       Provide flexibility in applying leverage on a supplier so that the penalty is proportional to the deficiencies, and;

c)        Comply with provincial statutes and regulations.

d)       Prior to publishing proposals ensure financial bonds for contract performance shall only be required where the City will be exposed to costs if the contractor does not complete the requirements of the contract.

5.2.12     Prior to commencement of work Directors will provide evidence of satisfactory insurance, ensuring indemnification of the City of Clarence-Rockland from any and all claims, demands, losses, costs or damages resulting from the performance of a supplier’s obligations under the contract;

5.2.13     Prior to payment to a supplier, the Director will obtain, a Certificate of Clearance from the Workplace Safety and Insurance Board ensuring all premiums or levies have been paid to the Board to date.

5.2.14     Approval of accounts within the approved budget for such department or any amendment to same as approved by Council;

5.2.15     Standardizing the use of goods and/or services, where such standardization demonstrably supports the purposes, goals and objectives of this By-law.

5.3 Treasurer

The Treasurer is responsible to and shall have the authority to:

5.3.1        Establish administrative procedures and policies for the implementation of this By-law;

5.3.2        Establish, through consultation with the Chief Administrative Officer, standards for bid solicitations, purchase orders, contracts and other documents;

5.3.3        Ensure open, fair and impartial purchasing processes for goods and/or services;

5.3.4        Ensure compliance with this By-law and advise the Chief Administrative Officer when there has been non-compliance.

5.3.5        Ensure quarterly review of purchasing authority delegation.

5.4 Manager of Supply

The Manager of Supply shall be responsible for:

5.4.1        Issuance and administration of the procurement process for the procurement of goods and/ or services, such as, but not limited to service contracts, IT Procurement, winter control, fleet requirements, consulting requirements, food services, fuel, natural gas, electricity;

5.4.2        Administration and interpretation of this Procurement By-law;

5.4.3        Ensuring compliance to this By-law and reporting non-compliance, in writing to the Client Department Director, Treasurer, and/ or Chief Administrative Officer;

5.4.4        Providing procurement advice including preparing bid documentation;

5.4.5        Checking and ensuring procedural compliance of bids;

5.4.6        Reviewing the specifications, scope of work or terms of references as prepared by the Client Department to ensure a level playing field among bidders;

5.4.7        Committing and coordinating co-operative procurement with other levels of government, municipalities, boards, agencies, commissions, or public sector entities where such procurement are determined to be in the best interests of the City;

5.4.8        Disposal of surplus and obsolete goods that had an initial procurement value over $10,000, or other goods if deemed to be in the best interest of the City

5.4.9        Review of reports prepared by other City employees for award of the contracts for compliance with this Procurement By-law;

5.4.10     Administration of a contractor performance program;

5.4.11     Committing and coordinating the consolidation of similar goods and / or services for the City in order to achieve volume discounts and administrative efficiencies;

5.4.12     Creation, amendment and deletion of policies, practices and procedures that support the objectives and application of this By-law; and

5.4.13     For awards of competitive contracts of a value of $50,000 or less, the Supply Department may award a contract on behalf of a Director provided that Supply is in receipt of a funded requisition and the requirements of this bylaw are met

5.4.14     The Manager of Supply will ensure the financial signing authority matrix is available to all Supply employees

5.4.15     The Supply Department employees will review the list prior to completing tasks that require approval.

6. Financial signing authority

A contract may be awarded under this By-law subject to the policies defined hereunder and pursuant to the financial signing authority matrix that is maintained by the City Treasurer.  Departmental staff involved in the procurement process should ensure that they have the latest financial signing authority matrix from the City Treasurer.

The City Treasurer shall provide updated financial signing authority matrix to the Manager of Supply each time there is a revision.

7. Delegation of authority

The Director has the ability to delegate their signing responsibility and the following process will be followed:

7.1             The Director shall prepare a Delegation of Authority Form Annex “A”;

7.2             The form shall provide evidence that the City employees listed have been delegated authority for the Procurement of Goods and/ or Services;

7.3             The form shall be updated immediately upon any change in City employees or position;

7.4             A copy of the form shall be sent to the City Treasurer each time there is a revision;

Once a responsibility has been delegated by the Director, City employees that have been provided delegated authority shall not have the authority to further delegate this authority to any other person.

8. Quarterly report to council

8.1             The Treasurer shall report on a monthly basis to Council all purchases that were exercised by City Staff for expenditures of $5,000.00 or greater.

8.2             The Manager of Supply shall submit to Council an information report

semi-annually containing the details relevant to the exercise of delegated

authority for all contracts awarded by Directors exceeding $50,000 and

Supply Services shall certify in the report that the awards are in

compliance with the Procurement By-law.

9. Report writing responsibility

Report writing responsibilities recommending Council approval for award will typically belong to the client department receiving the respective good and/ or services. Generally, the client department is best equipped and qualified for this

10. Formal bid process

10.1          All Bids (with the exception of submissions in response to Requests for Pre-Qualification) shall be received by the Manager of Supply or otherwise in accordance with the instructions in the bid solicitation, and opened in public at the time and place stated in the bid solicitation unless specified otherwise in the bid solicitation documents.

10.2          The opening of all bids shall be attended by the Manager of Supply or designate and the department head and/ or designate.

10.3          Closing times for sealed bids will be determined by the Supply Department, at the designated location.

10.4          Bid irregularities shall be administered in accordance with Schedule "A".

11. Bid deposits

11.1          Bid deposits or an Agreement to Bond shall be required to accompany bid submissions for all municipal construction projects with an estimated value of more than $100,000.00, excluding taxes, and for any other contract, scope of work or purchase as deemed appropriate by the department head.

11.2          All bonds must be originals, signed and sealed. No fax or photocopies will be accepted.

11.3          The bid bond must be issued by a bonding agency currently licensed to operate in the Province of Ontario naming the City as the oblige.

12. Bonding requirements

12.1          Performance, Labor and Material and/or Maintenance Bonds are required for all construction projects exceeding $100,000.00 for a minimum of 25% of the bid amount.

12.2          All bonds must be originals, signed and sealed. No fax or photocopies will be accepted.

12.3          The bond must be issued by a bonding agency currently licensed to operate in the Province of Ontario naming the City as the oblige.

13. Disposal of surplus and obsolete goods

Directors shall submit lists comprising assets exceeding $10,000.00 which are obsolete, damaged or surplus to that department’s needs.

13.1          All surplus assets shall first be offered to other departments within the Corporation.  Upon this first step, surplus assets to be offered outside the Corporation must be approved by the CAO.

13.2          All surplus assets not required by any department of the Corporation may then be offered to public sector agencies and charitable organizations within the City prior to any public disposal procedure, donation or sale to area municipalities.

13.3          Surplus assets may be donated to non-profit agencies or non-profit institutions.

13.4          Surplus assets must be sold by sealed bid or public auction through the, municipal website or any other online classified site(s).

13.5          The respective department shall be credited with the net proceeds, if any, from the disposal of its surplus assets unless otherwise authorized by the Chief Administrative Officer or Council

13.6          Surplus assets shall not be sold directly to an employee or to a member of Council, although this does not prohibit any employee or member of Council from purchasing surplus assets being sold through a public process.

13.7          At the discretion of the Manager of Supply, disposal of goods may be done by the Supply Department, irrespective of the value, if deemed to be in the City’s best interests.

14. Response time for bids

14.1          A minimum response time for bidders to submit a bid will be 15 working days for bid solicitations that are budgeted for $50,000 and over.

14.2          For more complex bid solicitations, more than 15 working days should be considered.

15. Monetary reference

15.1          All references to dollar amounts in this By-law are in Canadian dollars.

15.2          For bid evaluation purposes, all bids submitted in currencies other than Canadian dollars shall be converted to Canadian dollars, at the exchange rate established by the Finance Department.

15.3          All references to dollar amounts in this By-law do not include applicable taxes.

 

16. Procurement policies

The following are procurement policies that involve all of the procurement methods discussed in Section 17.0.

16.1          Designated departmental employees with sufficient financial signing authority are authorized to award contracts;

16.2          Recommended bidder is the lowest compliant bidder (s) meeting specifications in the case of a tender or the highest scoring proponent(s) in the case of a proposal;

16.3          The Manager of Supply will work with the Director’s to identify corporate opportunities to consolidate the procurement of goods and / or services to obtain such benefits such as volume discounting and administrative efficiencies;

16.4          The copies of the bids and any contract(s) that may result shall be kept on file by the Supply Department in accordance with the Corporate Records Retention By- law and for audit purposes;

16.5          Council approved budget authority exists for the procurement;

16.6          For capital contracts, the total project cost is within the approved capital budget amount. For multi-year operating contracts, the funding for future years can reasonably be expected to be made available if the funding is included in the current year’s approved budget.

17. Regular procurement (schedule “b” illustrates a summary of procurement methods)

17.1      Low Value Procurement ($0-$499)        

17.1.1     This acquisition process can be performed by staff delegated by the Director, or if they so desire, by the Procurement Services Department.

17.1.2     Directors are responsible to ensure only purchases, which can be demonstrated to have been made at fair value, shall be made

17.1.3     Request may be on a payment card or purchase order;         

17.2          Low Value Procurement ($500 up to but not including $2,500)

17.2.1     This acquisition process can be performed by staff delegated by the Director, or if they so desire, by the Procurement Services Department.

17.2.2     Directors are responsible to ensure only purchases, which can be demonstrated to have been made at fair value, shall be made

17.2.3     Request may be on a payment card or purchase order;

17.2.4      A minimum of three verbal quotes are requested; (Verbal quotes shall be recorded in writing by staff)

17.3          Request for Quotation ($2,500 up to but not including $50,000) / Bid

17.3.1     This acquisition process performed by the Procurement Services Department;

17.3.2     The Request for Quotation does not exceed $50,000;

17.3.3     A minimum of three bidders are requested to submit a bid;

17.3.4     Method of payment shall be a purchase order or agreement;

17.3.5     Three written quotes are required; (Written quotes shall be supplied by vendors)

17.4          Request for Tender ($50,000 up) / Bid

17.4.1     This acquisition process performed by the Procurement Services Department;

17.4.2     The bid is advertised on the City’s website and other sources such as the local paper, industry newspaper and other websites as required;

17.4.3     Director / CAO required to approve or award; Agreements if purchase does not exceed $10,000 of the approved budget;

17.4.4     Council Resolutions are required to approve award; Agreements signed by Mayor and City Clerk if purchase is over the approved budget by $10,000;

17.4.5     Method of payment shall be a purchase order or agreement.

17.4.6     Tenders will be opened publicly and the names of all the bidders and the total bid amount for all bidders will be disclosed publicly.

17.4.7     Recommended bidder is the lowest compliant bidder (s) meeting specifications.

17.5          Request for Proposal ($50,000 up) / Bid

17.5.1     This acquisition process performed by the Procurement Services Department;

17.5.2     The bid is advertised on the City’s website and other sources such as the local paper, industry newspaper and other websites as required;

17.5.3     Director / CAO required to approve or award; Agreements if purchase does not exceed $10,000 of the approved budget;

17.5.4     Council Resolutions are required to approve award; Agreements signed by Mayor and City Clerk if purchase is over the approved budget by $10,000;

17.5.5     Method of payment shall be a purchase order or agreement;

17.5.6     The technical section of the proposals and the declaration of acceptance will be opened publicly while sealed pricing envelopes will remain sealed until after evaluation of each criterion.

17.5.7     Recommended bidder is the highest scoring proponent.

18. Non-competitive procurement (schedule “b” illustrates a summary of procurement methods)

18.1          The City should employ a competitive procurement process for goods and / or services, but in special circumstances, a competitive bid process may not be possible or preferred. This is known as “non-competitive procurement”. Criteria for non-competitive processes are outlined in Schedule D. Non-competitive procurements include Single Sourcing, Sole Sourcing and Unsolicited Bids;

18.2          Non-competitive Low Value Procurement (up to but not including $5,000)

18.2.1     Request may be on a payment card or purchase order;

Process Approval, Manager of Supply;

18.2.2     Approval, Manager and Director

18.2.3     Written quote is required.

18.3          Non-competitive moderate value $5,000 up to but not including $50,000

18.3.1     Process Approval, Manager of Supply;

18.3.2     Approval, Chief Administrative Officer;

18.3.3     Method of Payment Purchase Order/Agreement

18.4          Non-competitive High value > $50,000

18.4.1     Process Approval, Manager of Supply;

18.4.2     Must be approved by City Council;

18.4.3     Method of Payment Purchase Order/Agreement

19. Emergency Procurement

19.1          When an event occurs that is determined by the Chief Administrative Officer to be a threat to public health, the maintenance of essential City services, the welfare of persons or of public property, the protection of the City’s physical assets, or the security of the City’s interests and the occurrence requires the immediate delivery of goods and/ or services and time does not permit the issuance of competitive bids to acquire such goods and/ or services the Chief Administrative Officer after advising the Mayor  may make such procurement without the involvement of the Manager of Supply or a competitive bid process and is authorized to do so in the most expedient and economical means possible.

19.2          In the case of a declared emergency the City’s Emergency Response Plan will supersede this By-law;

19.3          The Chief Administrative Officer will report emergency procurement to City Council at the next Council meeting.     

20. In-house Bids

20.1          In-house bids are a process that allows for internal staff to compete with external entities for procurement opportunities.

20.2          If in-house bids are considered the City must advise all potential suppliers in the bid documents that in-house departments will be permitted to submit bids.

20.3          The direct and indirect costs (e.g. Dollars, staffing, technology and equipment) required to produce the activities are fairly attributed and are fairly evaluated against external bids.

20.4          In­ house bids need to be arms-length from all aspects of the procurement process. This includes defining the scope of the work, preparing and circulating the bid document, evaluating the bids, negotiating the contract and monitoring performance and addressing poor   performance. This is to promote objectivity, avoid conflicts and challenges to the process.

21. Request for pre-qualification

The Manager of Supply is authorized to conduct a Request for Pre-Qualification process. This is typically used in a stepped procurement process for larger projects or projects where there are significant risks.

22. Request for expression of interest / request for information

The Manager of Supply is authorized to conduct a Request for Expression of Interest or a Request for Information. A Request for Expression of Interest or Request for Information may be conducted as a preliminary step before a Request for Tender, Request for Quote, Request for Proposal or a Pre-Qualification process.

23. Standing offer purchases

23.1          A Request for Standing Offer may be used where: (a) one or more clients repetitively order the same goods or services and the actual demand is not known in advance, or a need is anticipated for a range of goods, services and construction for a specific purpose, but the actual demand is not known at the outset, and delivery is to be made when a requirement arises.

23.2          The Supply Department shall establish and maintain standing offers that define source and price with selected suppliers for all frequently used goods or services.

23.3          To establish prices and select sources, the Supply Department shall employ the provisions contained in this By-law for the acquisition of goods, services and construction.

23.4          More than one supplier may be selected where it is in the best interests of the City and the bid solicitation allows for more than one. In circumstances where competition results in a large number of offers from vendors, which offers exceed the needs of the City, the Supply Department is authorized to approach the highest ranked vendors to negotiate lower unit rates for the goods or services in return for a reduction in the number of firms authorized to provide the goods or services or the offer of a firm contractual commitment by the City.

23.5          Where purchasing action is initiated by a department for frequently used goods or services for which a standing offer is in place and the value of the purchasing action exceeds $2,500, it is to be made with the supplier or suppliers listed in the standing offer.

23.6          In a Request for Standing Offer, the expected quantity of the specified goods or services to be purchased over the time period of the agreement will be as accurate an estimate as practical and be based, to the extent possible, on previous usage adjusted for any known factors that may change usage.

23.7          A call-up against a standing offer is considered to be an individual contract, and the normal contract award prescribed limits apply, unless otherwise stated in the original approval document.

24. Exemptions

Upon approval of the CAO of an exemption request, the Department Head is to submit a report to Council about such request exemption from any or all of the purchasing methods outlined in this policy. Such exemption must be granted through a resolution and a copy must be forwarded to the Finance Department.

25. Prescribed council approval

25.1          Despite any other provision of this By-law, the following contracts are subject to Council approval:

25.1.1     Any contract requiring approval from the Ontario Municipal Board;

25.1.2     Any contract prescribed by Statute to be made by Council;

25.1.3     Where the cost amount proposed for acceptance is higher than the Council approved department estimates and the necessary adjustments cannot be made;

25.1.4     Where the revenue amount proposed for acceptance is lower than the Council approved department estimates;

25.1.5     Where a major irregularity precludes the award of a tender to the supplier submitting the lowest responsive bid;

25.1.6     Where authority to approve has not been expressly delegated; and

25.1.7     Where a contract is a result of a public private partnership (“P3”) opportunity.

25.2          No provision of the By-law precludes a Director or the Supply Department from submitting an award to Council where:

25.2.1     In the opinion of a Director, it is in the best interest of the City to do so; or

25.2.2     It is a matter of procurement procedure and, in the opinion of Supply Department; it is in the best interest of the City to do so.

26. Negotiation

26.1          Notwithstanding that negotiation may be a component of another procurement process, negotiation may be used for purchases of goods and/or services when any of the following criteria apply:

26.1.1     The required goods and/or services are in short supply;

26.1.2     Competition is precluded due to the existence of any patent right, copyright, technical secret or control of raw material;

26.1.3     A sole source has been approved;

26.1.4     Two (2) or more identical bids are received;

26.1.5     The lowest compliant bid received meeting all specifications exceeds the budget amount;

26.1.6     The extension of an existing contract would be more effective;

26.1.7     Only one (1) bid is received in response to a bid solicitation;

26.1.8     The bid solicitation process has been cancelled without award;

26.1.9     There is Council authorization to do so.

26.2        All purchases shall be authorized in accordance with the purchasing authorities set out in Schedule "B” and all contracts shall be signed as set out in the bid solicitation documents or as otherwise set out in the Corporation’s delegation of authority.

27. Canadian content

The City will endeavor to achieve best value in its procurement of goods and/ or services. With this in mind, the City will not be bound to procure goods and/ or services based upon Canadian content.

28. Trade agreements

Procurement by the City may be subject to the provisions of trade agreements. Where an applicable trade agreement is in conflict with this By-law, the trade agreement shall take precedence. The Supply Department shall advise Directors where a procurement action may not conform to an applicable trade agreement as early as possible in the procurement process.

29. Advertising procurement opportunities

29.1          For goods and services procurement estimated at $100,000 or more and construction procurement estimated at $250,000 or more, the City is required to use an electronic advertising/tendering system providing equal access to potential vendors across the country. Other methods of advertising may be used in addition to an electronic system.

29.2          For construction procurements estimated between $100,000 and $250,000, the agreements require that at least one of the following methods is to be used:

29.2.1     An electronic advertising/tendering system providing equal access to potential vendors across the country

29.2.2     A daily newspaper (e.g. local newspaper, trade publications) designated by the City; or

29.2.3     Supplier lists, provided that the prequalification process is fair and open and allows other suppliers to qualify on an annual basis or each time if the qualification is for a specific project.

30. Local preference

30.1          The following two legislative documents prohibit municipalities from adopting a Local Preference Policy:

30.1.1     The Canada-European Union Comprehensive Economic and Trade Agreement (CETA); and

30.1.2     The Canadian Free Trade Agreement (CFTA).

30.2        The primary objective of the purchasing process is to acquire goods/services at the lowest possible cost, consistent with the demands of suitability, quality, service, and delivery capabilities.

31. Green procurement

31.1          The City will endeavor to acquire goods and/ or services that minimize impacts on the environment and perform efficiently and effectively. While evaluating goods and/ or services for procurement (including all aspects related to the production, transportation, use of operation, and replacement or disposal of goods) the following environmental factors will be considered in the addition to the specific requirements of the good and/or service:

31.1.1     Durable and reusable, as opposed to single use or disposable items;

31.1.2     Non-toxic or least toxic option, preferably compostable or biodegradable;

31.1.3     Reduce greenhouse gas and air pollutant emissions;

31.1.4     ENERGY STAR® rated if available or most energy-efficient option;

31.1.5     Recyclable, but if not recyclable, may be disposed of safely, or, vendor will take back good at its end of life;

31.1.6     Made from recycled materials;

31.1.7     If made from raw materials, they have been obtained and manufactured in an environmentally sound, sustainable manner;

31.1.8     Results in minimal or no environmental damage during normal use or maintenance;

31.1.9     Minimum packaging (consistent with the care of the good), preferably made of reusable, recycled or recyclable materials;

31.1.10  The lifecycle cost of the good through the acquisition, operation, and end of good life, including environmental impacts (a cradle to grave approach);

31.1.11  Reusable shipping packaging.

32. Accessibility when acquiring goods and/or services

In accordance with the Human Rights Code, Ontarians with Disabilities Act, 2001 and the Accessibility for Ontarians with Disabilities Act, 2005 and its regulations, and specifically the Integrated Accessibility Standards, Ontario Regulation 191/11, Part 1, sections 5 and 6, accessibility requirements will be incorporated into the specifications with respect to the Procurement of goods and/ or services. Where possible, when a RFP competition is conducted, accessibility will be one of the evaluation criteria that will be considered in the decision making process.

33. Disclosure of information

The Manager of Supply will not disclose commercial information, such as unit pricing and detailed information provided on potential solutions. Nonetheless, it should be noted that all information collected by the City is subject to the Municipal Freedom of Information and Protection of Privacy Act.

34. Tie bids

34.1          If two equal bids are received, a means of breaking the tie consistent with the provisions of the solicitation shall be employed.

34.2          Factors to be considered in breaking the tie include:

34.2.1     Prompt payment discount;

34.2.2     When delivery is an important factor, the bidder offering the best delivery date be given preference;

34.2.3     A bidder in a position to better provide after sales service, with a good record in this regard, be given preference;

34.2.4     A bidder with an overall satisfactory performance record is given preference over a bidder known to have an unsatisfactory performance record;

34.3         Where two (2) or more Proposals achieve a tie score on completion of the evaluation process, the Purchaser shall break the tie by “flip of a coin”.  This action shall be taken in the presence of both Bidders.

34.4         If two Bids in response to a Tender or Request for Quotation are found to be equal in price, quality and service, the successful Bidder shall be chosen by “flip of a coin”.  This action shall be taken in the presence of both low Bidders.

If more than two Bidders are equal in all three areas – price, quality, service – the determination of the successful Bidder shall be established in the presence of the low Bidders by Lot (drawing a name from a container).

35. Bid Irregularities

Bid irregularities will be dealt with according to Schedule A. This schedule will be included in all procurement documents where the procurement is greater than $50,000. The evaluation of bid irregularities is not limited to the criteria set out in Schedule “A” and shall include such matters as Council deems appropriate in its sole and absolute discretion.

36. Contract extensions

36.1           The standard practice when a contract is or will be expiring is to conduct a new competitive process. Once all contract extensions within the contract have been exhausted, contracts may be extended at the discretion of the Manager of Supply if the situation warrants it.

36.2           If a contract extension is being sought from Council, the Manager of Supply will be provided an opportunity to review and provide comment on the report.

37. Form of contract

37.1       An award will require a formal written agreement or a purchase order.

37.2      A purchase order will; be used when the resulting contract is deemed straightforward, in the opinion of the department head, in consultation with the Treasurer, and will refer to the Corporation's standard terms and conditions outlined in the bid solicitation.

37.3     A formal written agreement satisfactory to the CAO shall be used when the resulting   contract is deemed complex, in the opinion of the department head, in consultation with the Treasurer.

37.4     It shall be the responsibility of the department head in consultation with the CAO to   determine if it is in the best interest of the Corporation to establish a formal written agreement with the supplier.

38. Payment card

The City’s Payment Card should be used as a payment tool for low dollar procurement and City employees are still required to adhere to the Procurement Bylaw.

39. Other entities

If the Manager of Supply administers a procurement process for any other entities, then the other entities will be governed by this Procurement By-law for the particular goods and/ or services that is procured.

40.     Record retention

40.1       The City of Clarence-Rockland shall keep records of procurement, as well as any other pertinent information, for reporting and audit purposes. The length of time for this record retention will be in accordance with the Corporate Records Retention By-law. Some examples of records that should be retained include:

40.1.1     The approvals obtained;

40.1.2     Copies of procurement documents used to qualify and select vendors;

40.1.3     Copies of award letters, notices and posted announcements;

40.1.4     Copies of agreements;

40.1.5     Changes to the terms and conditions of the agreement, especially changes in the agreement price;

40.1.6     Contractor performance, such as performance monitoring and management and knowledge transfer;

40.1.7     Receipt of deliverables;

40.1.8     Any other documentation related to procurement.

40.2       Whoever is responsible for the administration of the procurement process shall be responsible for the record retention of that particular procurement.

41. City employee benefits

City employees will not be able to benefit by procuring goods from the City at the City’s net cost.

42. Prohibitions and compliance

42.1     All persons involved in the procurement of goods and/or services provided for in this By-law, shall act in a manner consistent with the requirements and objectives of this By-law.

42.2     No City employee shall divide the procurement of goods and/ or services with the intent of avoiding monetary limits or the requirements of this By-law.

42.3       No goods and/ or services shall be procured under this By-law by any person unless:

42.3.1     The goods and/ or services are legitimately for the purposes of the City, or for any other entities on whose behalf the procurement is being undertaken; and

42.3.2     To the best of that person’s knowledge and belief, the funds for the procurement of the goods and/ or services are available with the approved budget or the procurement is expressly made subject to funding approval and, to the extent that they may be required, funds are available from any other entities on whose behalf the procurement of goods and/ or services is also being made.

42.4     No City employee shall directly or indirectly influence the bidding process to obtain goods and/ or services on behalf of the City from their family member.

42.5     No City employee will directly or indirectly influence the sale of City assets to any family member.

42.6       Members of Council, appointed officers and City employees shall not knowingly cause or permit anything to be done or communicated to anyone which is likely to cause any potential vendor or contractor to have an unfair advantage in obtaining a contract for the supply of goods and/ or services to the City, or other entities involved in the procurement of goods and/ or services either jointly or in co-operation with the City.

42.7       Member of Council shall separate themselves from the procurement process and have no involvement whatsoever in specific procurements. Members of Council should not see any documents or receive any information related to a particular procurement while the procurement process is ongoing. Members of Council who receive inquiries from bidders related to any specific procurement shall immediately direct those inquires to the Manager of Supply.

The only exception to Article 42.7 will be at the discretion of the Chief Administrative Officer or the delegate actively involved in the procurement process to ensure fairness and integrity of the process

42.8       No City employee shall knowingly cause or permit anything to be done which will jeopardize the legal validity or fairness of any procurement of goods and/ or services under this By-law or which is likely to subject the City to any claim, demand, action or proceeding as a result of such act or omission.

42.9       Unauthorized procurement by City employees and flagrant disregard for the Procurement By-law or procurement policies and procedures is not acceptable. With an aim to inspire Procurement By-law adherence and minimize the possibility of City embarrassment and potential liability, the responsibility for payment may become that of the individual who procured the goods or services.

43. Conflict of interest

43.1       All Bidders shall disclose to the City prior to submitting a bid and/or accepting a contract, any actual or potential conflict of interest. If the Manager of Supply determines a conflict of interest exists, the City may at its discretion not consider the bid submitted or not award the contract or consider other bids or terminate the contract.

43.2       No goods and/or services shall be purchased for any elected or appointed officials, members of a board or commission, or for Corporation officers, employees or their immediate family, except in accordance with this policy.

43.3       Every elected official, appointed officer, employee of the Corporation or member of an employee's immediate family is expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is, or might be awarded, any rebate, gift or money;

43.4       All elected officials, officers or employees of the Corporation shall declare any conflicts of interest to the Chief Administration Officer and shall have no involvement in a purchasing process where a conflict of interest exists, including, but not limited to:

43.4.1     Requesting goods and/or services, setting the parameters of the purchase, evaluating bids or recommending, deciding or making awards;

43.4.2     Direct contact with those making those purchasing decisions, both in the Supply Department and the user department.

43.5       Suppliers shall not be allowed to submit a bid for any bid solicitation in which the supplier has participated in the preparation of the bid solicitation, and any such bid submitted shall be disqualified except where such supplier has been specifically authorized by Council to participate in such bid solicitation.

44. Blackout period

During the Blackout Period communication between bidders and City employees and between bidders and City Council is restricted. Bidders shall only contact the central point of contact identified in the bid document.

45. No lobbying

45.1       No bidder or potential bidder shall contact any member of Council or any City employee to attempt to influence the award of a bid. Any activity designed to influence the decision making process of a bid solicitation, including, but not limited to, contacting any member of Council or registering as a delegate to a Committee of Council meeting or Council meeting prior to an award of a contract or contacting City employees for such purposes as meetings of introduction, social events, meals or meetings related to a bid solicitation may result in disqualification of the bidder for the bid solicitation to which the influential activity is deemed to be directed.

45.2       Notwithstanding the above, this prohibition does not apply to meetings specifically scheduled by the City for presentations or negotiations, or to questions which employees of the Supply Department may pose from time to time for clarification of the City’s requirements.

45.3       The Manager of Supply’s sole discretion will determine what constitutes influential activity acting reasonably, and not subject to appeal.

45.4       At the discretion of the Manager of Supply, any bidder who violates any provisions of this Procurement By-law may be prohibited from further bid solicitation opportunities for up to three (3) years as determined by the Manager of Supply.

46. Bid dispute resolution

46.1       To maintain the integrity of the procurement process, bidders who feel that they have been treated unfairly shall contact the City’s contact listed on the bid document to request a debriefing in which the issues of concern may be discussed.

46.2       Should the debriefing meeting fail to satisfy the bidder, an appeal of the award decision may be requested in writing to the Manager of Supply within ten (10) days of the debriefing meeting.

46.3       The appeal shall be reviewed by a Dispute Committee. The Dispute Committee shall be comprised of the original city team members that participated in the procurement process, Chief Administrative Officer, Treasurer and the Manager of Supply.

46.4       The matter will be considered closed after the Dispute Committee’s decision.

47. Litigation and bidders

The City shall not consider any bids submitted by a bidder that is in active or pending litigation against the City. Potential bidders who are involved with the City in litigation matters can represent a compromised effort and a higher likelihood of future problems and liability.  For these reasons such vendors will be disqualified.

48. Suspension of bidders

The City may, in its sole discretion, disqualify a supplier from bidding for up to three (3) years on any bid solicitation or reject a bid if a supplier:

48.1       Has, at any time, threatened, commenced or engaged in legal claims or litigation against the Corporation;

48.2       Is involved in a claim or litigation initiated by the Corporation;

48.3       Has had safety issues;

48.4       Has engaged in lobbying;

48.5      Previously provided Goods and/or Services to the Corporation in an unsatisfactory manner;

48.6       Has failed to satisfy an outstanding debt to the Corporation;

48.7       Has a history of illegitimate, frivolous, unreasonable or invalid claims against the Corporation or any other municipal government;

48.8       Is found to have colluded as a result of bidding or providing of goods or services to any municipal, provincial, or federal government or any of their agencies or corporations or legally related entities;

48.9       Provides incomplete, unrepresentative or unsatisfactory references; or

48.10    Has engaged in conduct that leads the Corporation to determine that it would not be in the Corporation’s best interests to accept the bid.

49. Severability

If any section or sections of this Procurement By-law or parts thereof are found by an adjudicator of competent jurisdiction to be invalid or beyond the power of Council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of the Procurement By-law shall be deemed to be separate and independent there from and shall continue in full force and effect unless and until similarly found invalid or beyond the power of Council to enact.

50. Segregation of duties

At least three of the five functional procurement roles: Requisition, Budgeting, Commitment, Receipt and Payment must be segregated. Responsibilities for these roles must lie with different departments or, at a minimum, with different individuals.  Where it is not feasible to segregate these roles, i.e., for smaller organizations, adequate compensating controls approved by an external auditor must be put in place.

51. Payment for receipt of goods/services

Typically, the City shall not pay for goods and/or services prior to receiving them. Similarly, procurement deposits and advance payments will not generally be employed in the City’s business practices. Subscriptions and the procurement of Goods and/or services less than $5,000 which are procured via the internet represent two types of accepted exceptions.

Exceptions may be authorized by the Treasurer

52. Repeal

That the City of Clarence-Rockland 2016-60 is hereby repealed.

Read a first, second and third time and passed this 15th day April 2019. 

Guy Desjardins, Mayor                                     

Monique Ouellet, Clerk

 

 Schedule A - Bid Irregularities

The Manager of Supply has the authority to apply this table to the procurement processes that they are administering.

Bid irregularities will be dealt with in accordance with the following table:

Bid irregularities table
IrregularityConsequence
Late bids Automatic rejection, returned unopened to bidder
Bids received in an unsealed envelope

Automatic rejection

Bid submitted in a form other than the original Bid Form provided Automatic rejection, unless in the opinion of the City the information provided is complete and it is not a financial schedule that has been submitted in a form other than the original Bid Form provided
Bid Form not signed or witnessed Automatic rejection
Bid Form signed by an authority to bind the company, but not witnessed​ Upon notification, two (2) business days to seal or witness or bid shall be rejected
Bid Form witnessed, but not signed by an authority to bind the company Upon notification, two (2) business days to sign or bid shall be rejected
Incomplete Bid

Automatic rejection, unless:

a) the competitive bid opportunity state that partial bids are acceptable, and the bid is complete in respect to the portion of the scope of work or deliverable(s) bid on; or

b) in the opinion of the City, the omission is of a minor nature and is remedied by the bidder within two (2) business days of notification. Incomplete pricing shall not be considered minor in nature and shall result in automatic rejection, with the exception of the irregularities stated in accordance with Item 6 and 7

If a unit price has been provided but the corresponding extended total has been omitted The extended total will be calculated from the unit price and the quantity specified, by the Owner
If an extended total has been provided but the corresponding unit price has been omitted. The unit price will be calculated from the extended total and the quantity specified, by the Owner
Mathematical errors which are not consistent with the Unit Price, such as tax calculation errors Upon notification, two (2) business days to correct or bid shall be rejected
Unit Price, which has been changed, not initialled but the corresponding extension is consistent with the amended Unit Price Upon notification, two (2) business days to initial or bid shall be rejected
Unit price, which has been changed, not initialled and the corresponding extension is not consistent with the amended Unit Price Automatic rejection
Transfer of an amount from one part of the submission to another is incorrect or incomplete Upon notification, two (2) business days to correct or Bid shall be rejected
Bid Bond, in the form, amount and irrevocability outlined in the Contract documents, not submitted Automatic rejection, unless the Bid Bond submitted is in excess of the competitive bid document requirements
Bid Bond not signed or sealed, as applicable Automatic rejection
Bids not completed in ink or typed format Automatic rejection
Alterations, additions, deletions or qualifying statements made to or provided with the Bid Form Automatic rejection, unless in the opinion of the City the statements provided do not qualify any pricing but are included for clarity purposes
Strikeouts, erasures, whiteouts or overwrites made to the Bid Form that are not initialled Automatic rejection, unless in the opinion of the City, the failure to initial is minor in nature and is capable of being remedied; upon notification, bidders shall have two (2) business days to initial or the bid shall be rejected. Un-initialled alterations to pricing shall be dealt with in accordance with Items 8, 9 and 10
Failure to have a representative in attendance and registered at a mandatory site visit Automatic rejection
Bidder has not been previously prequalified under a related prequalification process, where applicable Automatic rejection
Addenda have not been acknowledged:  
a) which have financial implications Automatic rejection
b) ​which have informational content Two (2) business days to acknowledge or bid shall be rejected

 

 Schedule B - Procurement Methods

 
Procurement Method / Process Approval / Signing Authority and Method

Regular Procurement Methods
Dollar ValueMethodProcess ApprovalSigning AuthorityMethod of Payment
Low Value <$500 Verbal quotation

Designate, Manager

CAO

Manager

Designate,

CAO
Payment card/ Purchase Order/ Invoice

Low Value

$500 up to not including $2,500

3 Verbal Quotes requested (see section 17.2)

P-Card, PO or RFSO

Manager, Director,

Designate,

CAO

Manager

Director

Designate

CAO

Payment card/ Purchase Order/ Invoice

Moderate value $2,500 up to but not including

$50,000

3 Written Quotes required. (see section 17.3)

RFQ or RFSO

Manager of Supply and Processes or Director

CAO

Manager

Director

CAO
Payment card/Purchase Order/Invoice

High Value Greater than $50,000

Within the Approved Budget

Request for Tender (RFT) or Request for Proposal (RFP) Manager of Supply and Processes or Director

CAO

Director

Purchase Order/Invoice/Agreement

High Value Greater than $50,000

Outside the Approved Budget
Request for Tender (RFT) or Request for Proposal (RFP) Manager of Supply and Processes or Director

City Council

Purchase Order/Invoice/Agreement

Non-Competitive Procurement
Dollar ValueMethodProcess ApprovalSigning AuthorityMethod of Payment
Low Value <$5,000 No method Manager of Supply and Processes or Director

Director

CAO
Payment card receipt/ Purchase Order/ Invoice

Moderate value $5,000 up to but not including

$50,000
PO Manager of Supply and Processes or Director

Director

CAO
Purchase Order/Invoice
Mid and High Value >$50,000  PO Manager of Supply and Processes or Director City Council Purchase Order/Invoice/Agreement

Emergency Procurement
Dollar ValueMethodProcess ApprovalSigning AuthorityMethod of Payment
Unlimited No Method CAO CAO Purchase Order / Invoice
 Schedule C - Exceptions
 Exceptions from requirements for a procurement process

 A procurement process is not required for the following items; dollar values will determine the signing authority if a contract is to be signed.

Petty Cash Items

Training and Education

  • Conferences
  • Courses
  • Conventions
  • Magazines
  • Memberships
  • Periodicals
  • Seminars
    1. City Employee development and training including all related, equipment, resources and supplies
    2. City Employee workshops including all related equipment, resources and supplies
      1. Subscriptions

Refundable Employee Expenses – reimbursed through payroll

  • Meal allowances
  • Miscellaneous – non-travel
  • Other expenses authorized under City policy

Corporate General Expenses

  1. Medicals
  2. On-going renewal of existing IM/IT related hardware & software licenses & maintenance support contracts, as well as contracts for Online Saas (Software as a service).
  3. Charges to or from other government agencies with approval from finance, including:
  • Regional permits
  • Cross boundary agreements
  • Fire dispatch agreements
  • Radio trunking license

Professional and special services

  • Legal services, including realty services such as appraisal, land survey, negotiations, and expert services in disciplines such as planning, landscaping, hydrogeology, economic forecasting, as may be needed to deliver legal and realty services.
  • The acquisition, disposition and leasing of land as outlined in the Delegated Authority By-law
  • Legal service related to HR matters determined by the Director of Human Resources or designate
  • Performance / artist’s fee / special events
  • Providers of artistic and recreational services, such as instructors, dance / yoga / gymnastic teachers, historical experts, artistic designers

Utilities

To include servicing and requested plant modifications / relocations related to construction

  • Postage & courier services
  • Water and sewage
  • Hydro
  • Gas
  • Telephone (basic services), cellular and wireless devices
  • Cable television charges
Other regulated authorities operating within and across municipal right of ways (e.g. CN Rail, Bell Canada)
 Schedule D - Non-Competitive Procurement

Criteria for non-competitive procurement (Single/Sole Source)

Pursuant to Section 18.0, a Non-Competitive Procurement may be conducted using a single or sole source vendor only if one or more of the conditions listed in either (a) or (b) below apply. The conditions listed in (a) apply to sole source and the conditions listed in (b) apply to single source. The Manager of Supply will have the right of final determination, and a process may be undertaken to obtain the best value under the circumstances for the City:

 

(a)            The goods and/ or services are only available from one vendor by reason of:

  • a statutory or market based monopoly; or
  • scarcity of supply in the market; or
  • the existence of exclusive rights such as patent, copyright or license; or
  • the complete item, service, or system is unique to one vendor and no alternative or substitute exists within Canada.

(b)            The goods and/ or services are available from more than one source, but there are good and sufficient reasons for selecting one supplier in particular, as follows:

  • An attempt to acquire the required goods and/ or services by soliciting competitive bids has been made in good faith, but has failed to identify a willing, capable and compliant supplier; or
  • The confidential nature of the requirement is such that it would not be in the public interest to solicit competitive Bids; or
  • The solicitation of competitive bids would not be economical to the City; or
  • Construction, renovations, repairs, maintenance etc. in respect of a building leased by the City may only be done by the lessor of the building, in accordance with a lease agreement; or
  • The goods are purchased under circumstances which are exceptionally advantageous to the City, such as in the case of a bankruptcy or receivership; or
  • It is advantageous to the City to acquire the goods and/ or services directly from another public body or public service body; or
  • Another organization is funding or substantially funding the procurement and has determined the supplier, and the terms and conditions of the commitment into which the City will enter are acceptable to the City; or
  • The procurement is for a particular brand of goods and/ or services that are intended solely for resale to the public and no other brand is desirable and the brand is not available from any other source; or
  • A need exists for compatibility with, or for the maintenance and support of a City standard and there are no reasonable alternatives, substitutes, or accommodations; or
  • A need exists to avoid violating warranties and guarantees where support or service is required for a City standard; or
  • Instructors, coaches, trainers and other specialized services for recreation programs for which bids cannot readily be called

 Property standards - 2019-27

Being a by-law to provide standards for the maintenance and occupancy of property in the City of Clarence-Rockland.

Whereas section 15.1(3) of the Building Code Act, S.O. 1992, c.23 and amendments thereto, provides that a council of a municipality may pass by-laws to:

(1)       Prescribe standards for the maintenance and occupancy of property within the municipality or within any defined area or areas and for prohibiting the occupancy or use of such property that does not conform with the standards; and

(2)       Require property that does not conform with the standards to be repaired and maintained to conform with the standards or the site to be cleared of all buildings and structures; and

Whereas there are in effect in the City of Clarence-Rockland official plans which include provisions relating to property conditions; now

Therefore the municipal council of the Corporation of the City of Clarence-Rockland hereby enacts as follows.

Section 1 General 

1.1       Short title

This by-law may be cited as the "property standards by-law" of the City of Clarence-Rockland.

Section 2 definitions

2.1       "accessory building" means a detached building or structure, not used for human habitation that is subordinate to the primary use of the same property.

2.2       "apartment building" means a building containing more than four dwelling units with individual access from an internal corridor system.

2.3       "approved" means acceptance by the property standards officer.

2.4       "basement" means that space of a building that is partly below grade, which has half or more of its height, measured from floor to ceiling above the average exterior finished grade.

2.5       "building" as defined in the Ontario Building Code Act, as amended.

2.6       "cellar" means that space of a building that is partly or entirely below grade, which has more than half of its height, measured from floor to ceiling below the average exterior finished grade.

2.7       "committee" as defined in the Ontario Building Code Act, as amended.

2.8       "corporation" shall mean the Corporation of the City of Clarence-Rockland.

2.9       "dwelling" shall mean a building or structure or part of a building or structure used or intended to be used as a domicile by one or more persons usually containing cooking, eating, living, sleeping and sanitary facilities and includes the land and premises appurtenant thereto and all outbuildings, fences or erections thereon or therein.

2.10     "dwelling unit" means a room or a suite operated as a house-keeping unit, used or intended to be used as a domicile by one or more persons and supporting general living conditions usually including cooking, eating, sleeping and sanitary facilities.

2.11     "first storey" means that part of a building having a floor area closest to grade with a ceiling height of more than 1.8 metres (6 ft.) above grade.

2.12     "guard" means a protective barrier installed around openings in floor areas or on the open sides of a stairway, a landing, a balcony, a mezzanine, a gallery, a raised walkway and other locations as required to prevent accidental falls from one level to another.  such barriers may or may not have openings through it.

2.13     "habitable room" means any room in a dwelling unit used for or capable of being used for living, cooking, sleeping or eating purposes.

2.14     "land leased community" means a community where buildings or portions of land is individually leased for living accommodation, but does not include mobile parks.

2.15     "maintenance" shall mean the preservation and keeping in repair of a property.

2.16      "means of egress" means a continuous, unobstructed path of travel provided by a doorway, hallway, corridor, exterior passage way, balcony, lobby, stair, ramp or other exit facility used for the escape of persons from any point within a building, a floor area, a room or a contained open space to a public thoroughfare usually located outside the building.

2.17     "multiple dwelling" means a building containing three or more dwelling units.

2.18     "non-habitable room" means any room in a dwelling or dwelling unit other than a habitable room and includes a bathroom, a toilet room, laundry, pantry, lobby, corridor, stairway, closet, boiler room or other space for service and maintenance of the dwelling for public use and for access to and vertical travel between storeys and basement or part thereof which does not comply with the standards of fitness for occupancy set out in this by-law.

2.19     "non-residential property" means a building or structure or part of a building or structure not occupied in whole or in part for the purpose of human habitation, and includes the lands and premises appurtenant and all of the outbuildings, fences or erections thereon or therein.

2.20     "occupant" as defined in the Ontario Building Code Act, as amended.

2.21     "officer" shall mean a property standards officer who has been assigned by council with the responsibility of administering and enforcing this by-law.

2.22     "owner" as defined in the Ontario Building Code Act, as amended.

2.23     "person" shall mean an individual, firm, corporation, association or partnership.

2.24     "property" shall mean a building or structure or part of a building or structure, and includes the lands and premises appurtenant thereto.

2.25     "repair" as defined in the Ontario Building Code Act, as amended.

2.26     "residential property" means any property that is used or designed for use as a domestic establishment in which one or more persons usually sleep and prepare and serve meals and includes any lands or buildings that are appurtenant to such establishment and all stairways, walkways, driveways, parking spaces and fences associated with the dwelling or its yard.

2.27     "standards" shall mean the standards of physical conditions and occupancy set out in the by-law.

2.28     "toilet room" shall mean a room containing a water closet and a wash basin.

2.29     "yard" shall mean land other than publicly owned land, around and appurtenant to any property or any part of a building or structure and used or intended to be used or capable of being used in connection with said property and includes vacant land.

Section 3 Structural Soundness and Maintenance of All Buildings

3.1.      Every part of a building or structure appurtenant to a building shall be maintained in a structurally sound condition so as to be capable of sustaining safely its own weight and any load to which it normally may be subject.

3.2       Materials or objects on the exterior of buildings which have been damaged or show                evidence of decay or other deterioration shall be repaired or replaced.

3.3       Exterior walls and roof of a building and their components, including soffits and fascia, shall be maintained in good repair, weather tight condition, free from cracked, broken or loose materials, masonry units, stucco and other defective cladding or trim.  paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage.

3.4       Inside and outside stairs, porches, balconies, landings and their guards/handrail shall be maintained so as to be free of holes, cracks and other defects which may constitute accident hazards.  existing stair treads or risers that show excessive wear or are broken, warped or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced.

3.5       The foundations, walls, columns, beams, floors and roof of building shall be                               maintained in good repair.

3.6       Every building shall be:

            (a) kept in good repair and free from health, fire and accident hazards;

(b)       maintained in a safe condition which includes the removal or securing of loose or insecure parts of the building or appurtenant parts thereof and

            (c) protected by weather-resistant materials.

3.7       every building damaged by fire or other causes shall be:

(a)        made secure to neighbours, persons and to other users of the property;

(b)        boarded up by covering all opening through which entry may be with at least 12.7mm (1/2”) weatherproof sheet plywood securely fastened to the building;

(c)        made secure in order to prevent damage to property and chattels and

            (d) repaired or completely demolished as required by the property standards officer.

Section 4 Residential Standards for Rental Units

4.1       Section 4 applies to any residential property of dwelling occupied by persons other than the property owner for which compensation is paid to the property owner or his or her agent.  the other sections of this by-law also apply to rental residential buildings. 

4.2       Pest Prevention

4.2.1    Dwellings shall be kept free of rodents, vermin and insects at all times.  methods used for exterminating such pests shall be in accordance with the provisions of the Pesticides Act.

4.2.2    Openings, including windows, that might permit the entry of rodents, insects, vermin or other pests shall be appropriately screened or sealed.

4.3       Foundations

4.3.1    Foundation walls of a dwelling shall be maintained so as to prevent the entrance of insects, rodents and moisture.  Maintenance includes the shoring of the walls to prevent settling, installing sub soil drains, when necessary, at the footings, grouting masonry cracks, damp proofing and waterproofing walls, joints and floors.

4.4       Windows and Doors

4.4.1    Windows, doors, skylights and basement or cellar hatchways shall be maintained in good repair, weather tight and draught-free, to prevent heat loss and infiltration by the elements.  Maintenance includes painting, replacing damaged doors, frames and other components, window frames, sashes and casings, replacement of non-serviceable hardware and re-glazing where necessary.  Where screening is provided on windows and doors it shall also be maintained in good repair.

4.4.2    All windows that are intended to be opened and all exterior doors shall have suitable hardware so as to allow locking or otherwise securing from inside the dwelling unit.  at least, one entrance door to a dwelling unit shall have suitable hardware so as to permit locking or securing from either inside or outside the dwelling unit.

4.4.3    Solid core doors shall be provided for all entrances to dwellings and dwelling units.

4.4.4    In residential buildings where there is a voice communication unit working in conjunction with a security locking and release system controlling a particular entrance door and installed between individual dwelling units and a secured entrance area, the said system shall be maintained in good working order at all times.

4.4.5    Every window that is located above the first storey of a multiple dwelling shall be equipped with an approved safety device that would prevent any part of the window from opening greater than would permit the passage of a 100 mm diameter (3.9 inches) sphere.  Such safety device shall not prevent the window from being fully opened during an emergency situation by an adult without the use of tools.

4.5       Walls, Ceilings and Floors

4.5.1    Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a continuous surface free of holes, cracks, loose coverings or other defects.  walls surrounding showers and bathtubs shall be impervious to water.

4.5.2    Every floor in a dwelling shall be reasonably smooth and level and maintained so as to be free of all loose, warped, protruding, broken or rotted boards or other material that might cause an accident or allow the entrance of rodents and other vermin or insects.

4.5.3    Every floor in a bathroom, toilet room, kitchen, shower room, laundry room and kitchen shall be maintained so as to be impervious to water and readily cleaned.

4.6       Guards & Handrails

4.6.1    Guards and handrails shall be installed wherever they would be required for a newly constructed or renovated area under the Ontario Building Code made under the Building Code Act, 1992.  Such guards shall be properly maintained and repaired.

 4.7     Kitchens

4.7.1    Every dwelling shall contain a kitchen area equipped with:

a)     A sink that is served with hot and cold running water and is surrounded by surfaces impervious to grease and water;

b)     Suitable storage area of not less than 0.23 cubic metres (8 cubic feet);

c)     A counter or work area at least 0.61 m (2 ft.) in width by 1.22 m (4 ft.) in length, exclusive of the sink, and covered with a material that is imperious to moisture and grease and is easily cleanable; and

d)     A space provided for cooking and refrigeration appliances including the suitable electrical or gas connections.

4.8       Toilet and Bathroom Facilities

4.8.1    Every dwelling unit shall contain a bathroom consisting of at least one fully operational water closet, wash basin and a bathtub or suitable shower unit.  every wash basin and bathtub or shower shall have an adequate supply of hot and cold running water.

4.8.2    Every required bathroom or toilet room shall be accessible from within the dwelling unit and shall be fully enclosed and provided with a door capable of being locked so as to allow privacy for the persons using said room.

4.8.3    Where toilet or bathroom facilities are shared by occupants or residential accommodation other than self-contained dwelling units, an appropriate entrance shall be provided from a common passageway, hallway, corridor or other common space to the room or rooms containing the said facilities.

4.9       Plumbing

4.9.1    Each wash basin, bathtub or shower and kitchen sink shall be equipped with an adequate supply of hot and cold running water.  hot water shall be supplied at a temperature of not less than 43 degrees celsius (110of).

4.9.2    Every dwelling unit shall be provided with an adequate supply of potable running water from the water treatment plant of the corporation or another source of potable water approved by the Medical Officer of Health.

4.9.3    All plumbing, including drains, water supply pipes, water closets and other plumbing fixtures shall be maintained in good working condition free of leaks and defects and all water pipes and appurtenances thereto shall be protected from freezing.

4.9.4    All plumbing fixtures shall be connected to the sewage system through water seal traps.  all interior plumbing supply, drains and vents shall be maintained in a good state of repair.

4.9.5    Every fixture shall be of such materials, construction and design as will ensure that the exposed surface of all parts are hard, smooth, impervious to hot and cold water, readily accessible for cleansing and free from blemishes, cracks, stains or other defect that may harbour germs or impede thorough cleansing.

4.10     Electrical

4.10.1  Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system as required under the Electrical Safety Code of Ontario.

4.10.2  The electrical wiring, fixtures, switches, receptacles and appliances located or used in dwellings, dwelling units and accessory buildings shall be installed and maintained in good working order to as not to cause fire or electrical shock hazards.  all electrical services shall conform to the regulations established by the Power Corporations Act, as amended.

4.10.3  Every habitable room in a dwelling shall have at least one electrical duplex outlet for each 11.1 square metre (120 sq. ft.) of floor space, and for each additional 9.3 square metres (100 sq. ft.) of floor area a second duplex outlet shall be provided.  extension cords shall not be used on a permanent basis.

4.10.4  Every bedroom, bathroom, toilet room, kitchen, laundry room, furnace room, basement cellar and non-habitable work or storage room shall be provided with a permanent light fixture.

4.10.5  Lighting fixtures and appliances installed throughout a residential building, including dwelling units, stairways, hallway corridors, passage ways, garages and basements, shall provide sufficient illumination so as to avoid health or accident hazards in normal use.

4.11     Heating, Heating Systems, Chimneys and Vents

4.11.1  Every dwelling and building containing a residential dwelling unit shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees celsius (70of) in the occupied dwelling units.  the heating system shall be maintained in good working condition so as to be capable of safely heat the individual dwelling units to the required standard.

4.11.2  All fuel burning appliances, equipment and accessories in a dwelling shall be installed and maintained to the standards applicable legislation.

4.11.3  Where a heating system or part thereof requires solid or liquid fuel to operate a place or receptacle for such fuel, it shall be provided and maintained in a safe condition and in a convenient location so as to be free from fire or accident hazard.

4.11.4  Every dwelling shall be constructed or otherwise separated to prevent the passage of smoke, fumes and gases from that part of the dwelling which is not used, designed or intended to be used for human habitation into other parts of the dwelling used for habitation.  Such separations shall conform to the Ontario Building Code.

4.11.5  All fuel burning appliances, equipment and accessories in a dwelling shall be properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved method.

4.11.6  Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good repair so as to prevent the escape of smoke, fumes or gases from entering a dwelling unit.  maintenance includes the removal of all obstructions, sealing open joints and the repair of loose or broken masonry units.

4.11.7  Every chimney, smoke-pipe, flue and vent shall be installed and maintained in good condition so as to prevent the heating of adjacent combustible material or structural members to unsafe temperatures.

4.12     Smoke and Carbon Monoxide Alarms

4.12.1  Smoke alarms shall be installed and operational in all dwelling unit and installed as per Fire Code, as amended.

4.12.2 Carbon monoxide alarms shall be installed and operational in all dwelling unit where a fuel burning appliance is present and installed as per Fire Code, as amended.

4.13     Egress

4.13.1  Every dwelling and each dwelling unit contained therein shall have a safe, continuous and unobstructed passage from the interior of the dwelling and the dwelling unit to the outside at street or grade level.

4.13.2  Each dwelling containing more than one dwelling unit shall have a least two exists, both of which may be common or the one of which may be common and the other may be an exterior stair or fire escape.  Access to the stairs or fire escape shall be from corridors through doors at floor level, except access from a dwelling unit may be through a window that provides an individual unobstructed open portion having a minimum area of 0.35m2 with no dimension less than 380 mm.  A single exit is permitted from a dwelling unit where the means of egress is through an exterior door located at or near ground level and access to such exit is not through a room not under the immediate control of the occupants of the dwelling unit.

4.14     Natural Light

4.14.1  Every habitable room except a kitchen, bathroom or toilet room shall have a window or windows, skylights or translucent panels facing directly or indirectly to an outside space and admits as much natural light equal to not less than ten percent of the floor area for living and dining rooms and five percent of the floor area for bedrooms and other finished rooms.

4.15     Ventilation

4.15.1  Every habitable room in a dwelling unit, including kitchens, bathrooms or toilet rooms, shall have openings for ventilation providing an unobstructed free flow of air of at least 0.28 square metres (3 sq. ft.) or an approved system of mechanical ventilation such that provide hourly air exchanges.

4.15.2  All systems of mechanical ventilation shall be maintained in good working order.

4.15.3  All enclosed areas including basements, cellars, crawl spaces and attics or roof spaces shall be adequately ventilated.

4.16     Elevating Devices

4.16.1  Elevators and other elevating devices including all mechanical and electrical equipment, lighting fixtures, lamps, control buttons, floor indicators, ventilation fans and emergency communication systems shall be operational and maintained in good condition.

4.17     Occupancy Standards

4.17.1  The number of occupants residing on a permanent basis in an individual dwelling unit shall not exceed two persons per sleeping room or sleeping area in a dwelling unit or suite.

4.17.2  No room shall be used for sleeping purposes unless it has a minimum width of two metres and a floor area of at least seven square metres.

4.17.3  Any basement or portion thereof used as a dwelling unit shall conform to the following requirements:

(a)   Each habitable room shall comply with all the requirements set out in this by‑law;

(b)   Floor and walls shall be constructed so as to be damp proof and impervious to water leakage;

(c) Aach habitable room shall be separated from service rooms by 12.7 mm gypsum board fire separation and approved under the Ontario Building Code;    

(d) Access to each habitable room shall be gained without passage through a service room.

Section 5 Vacant Buildings

5.1       vacant buildings shall have all water, electrical and gas services turned off except for those services that are required for the security and maintenance of the property.

5.2       the owner of a vacant building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry may be obtained with at least 12.7 mm (0.5 inch) weatherproof sheet plywood.

Section 6 Administration

6.1       Application of By-Law

6.1.1    This by-law shall apply to all property within the boundaries of the Corporation of the City of Clarence-Rockland.

6.1.2    Where a provision of this by-law conflicts with a provision of another by-law in force in the municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public, shall prevail.

6.1.3    If any section, clause or provision of this by-law is for any reason held by a court of competent jurisdiction to be invalid, the validity of the remaining sections shall continue to be in effect until it is repealed.

6.2       Property Standards Officer and Property Standards Committee      

6.2.1    The council of the municipality shall appoint property standards officers to be responsible for the administration and enforcement of this by-law.

6.2.2    Council shall appoint at large, by resolution or by by-law of council no fewer than three (3) persons of the municipality to the Property Standards Committee for the term of office concurrent with Council.

6.2.3.   Each member of the Property Standards Committee, appointed by Council, shall be entitled to an honorarium as per Schedule “A” for their attendance at the Committee meetings.

6.2.4.   Every person who initiates an appeal of an order made under section 15.2(2) of the Ontario Building Code Act, S.O. 1992, c23, shall submit a notice of appeal in the time frame and the manner as prescribed in section 15.3 (1) of the act.   all notices of appeal shall be accompanied by a non-refundable payment as per the current fee schedule of the City of Clarence-Rockland and amendments thereto.

6.3       Investigation

6.3.1   Investigation of infractions of standards set in this by-law shall be initiated upon receipt of a written complaint form from the person making the complaint or initiated by the Property Standard Officer.  the written complaint shall be filled in such form as provided in schedule “b”.

6.4       Issuance of Certificate Of Compliance

6.4.1    Following the inspection of a building, or on the request of the owner, the officer may issue to the owner a certificate of compliance if, in his opinion, the property is in compliance with the standards of this by-law.

6.4.2    If a certificate of compliance is issued at the request of the owner, the owner shall pay a fee as per the current fee schedule of the City of Clarence-Rockland and amendments thereto.

6.5       Penalty

6.5.1    An owner who fails to comply with an order that is final and binding under this by-law is guilty of an offence under section 36(1) of the Building Code Act, S.O. 1992, c.23, and is liable to penalties as set out in section 36 of that act. 

Section 7 Compliance

7.1       All owners or occupants of buildings shall comply with the standards prescribed in this by-law and any property standards order as confirmed or modified. 

7.2       All buildings within the municipality shall be repaired and maintained to conform with the standards as contained in this by-law.

Section 8 Enactment

8.1       That by-law no. 1999-32 is hereby repealed.

8.2       This by-law shall come into force on the date it is passed by the council of the corporation of the City of Clarence-Rockland.

Read, passed and adopted in open council this 4th day of march 2019.

Guy Desjardins, Mayor                                          

Monique Ouellet, Clerk                                                                                                                  

 Rate of speed - 2009-108

Being a by-law to regulate the rate of speed on highways under the jurisdiction of the City of Clarence-Rockland.

Whereas section 128. (2) of the highway traffic act, r.s.o. 1990, c. H.8 provides that the council of a municipality may, for motor vehicles driven on a highway or portion of highway under its jurisdiction, by by-law prescribe a rate of speed no greater than 100 kilometres per hour and may prescribe different rates of speed for different times of day;

And whereas section 128. (5) of the highway traffic act, r.s.o. 1990, c. H.8 provides that a municipality may by by-law designate a portion of a highway under it's jurisdiction that adjoins the entrance to or exit from school and that is within 150 metres along the highway in either direction beyond the limits of the land used for the purposes of the school; and for motor vehicles driven, on the days on which school is regularly held, on the portion of the highway so designated, prescribe a rate of speed that is lower than the rate of speed otherwise prescribed under subsection (1) or (2) for that portion of highway, and prescribe the times at which the speed limit is effective;

And whereas section 128. (6) of the highway traffic act, r.s.o. 1990, c. H.8 provides that if a council of a municipality by by-law prescribes a lower rate of speed for motor vehicles passing over a bridge on a highway under it jurisdiction than is prescribe under subsection (1), signs indicating the maximum rate of speed shall be posted in a conspicuous place at each approach to the bridge;

And whereas the council of the Corporation of the City of Clarence-Rockland desires to regulate the rate of speed on it's highways to ensure safe and the free flow of travelling vehicles on highways under its jurisdiction;

And whereas the council of the Corporation of the City of Clarence-Rockland deems it expedient to regulate the rate of speed;

Now therefore the council of the Corporation of the City of Clarence-Rockland enacts as follows:

Definitions and Interpretation

Definitions

  1. In this by-law:

(1)  "Chief of police" means the chief of police of the police force or authorized representative and includes the officer in charge of any detachment of the Ontario provincial police either providing police services to an area municipality by agreement.

(2)  "Council " means the council of the Corporation of the City of Clarence­ Rockland.

(3)  "Corporation" means the Corporation of the City of Clarence-Rockland.

(4)  "Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge,  viaduct,  the general  public  for the passage of vehicles and includes the area between the lateral  property lines thereof.

(5)  "Motor vehicle" includes an automobile, motorcycle,  motor-assisted bicycle unless otherwise indicated in the highway traffic  act,  and any other vehicle propelled or driven otherwise  than  by muscular  power, but does not include a streetcar, or other motor  vehicles  running  only  upon rails, or a motorized snow vehicle, traction engine, farm road-building machine within the meaning of the highway traffic act.

(6)  "Official sign"  means  a sign approved  by the ministry  of transportation of Ontario.

Interpretation - General

  1. (1)  in this by-law:

(a)  Words importing the singular number or the masculine gender only, include more persons, parties or things of the. Same kind than one and females as well as males and the converse.

(b)  A word interpreted in the singular number has a corresponding meaning when used in the plural.

(c)   "may" shall be construed as permissive.

(d)   "shall" shall be construed as imperative.

(2)    Abbreviations

In the schedules to this by-law, the following abbreviations, definitions and symbols stand for the words respectively set forth opposite  thereto  as follows:

a)

  • Ave. - Avenue
  • Blvd. - Boulevard
  • Ct. - Court
  • Cres. - Crescent
  • Dr. - Drive
  • Hts. - Heights
  • Gdns. - Gardens
  • Hwy. - Highway
  • Pl. - Place
  • Priv. - Private
  • Rd. - Road
  • Sq. - Square
  • St. - Street
  • Terr. Terrace

b)

  • M - Metres
  • Km - Kilometres
  • Km/h - Kilometre per hour

c)

  • N. - North
  • S. - South
  • E. - East
  • W. - West

d)

  • AM - Ante meridian
  • PM - Post meridian

Increased and decreased speed limits - schedule "i"

3. When any highway set out in column 1 of schedule "i" to this by-law, between the limits set out in column 2 of the said schedule "i", is marked in compliance with the regulations under the highway traffic act, the maximum rate of speed on such highway or part of highway shall be the rate of speed set out in column 3 of the said schedule "i".

Decreased speed limits on bridges - schedule "ii"

4. When signs have been erected, no person shall drive, move or operate any vehicle on a bridge or part of bridge set out in column 1 of schedule "ii" at a greater rate of speed than the rate of speed set out in column 2 of the said schedule "ii" during the times or days set out in column 3 of the said schedule "ii".

Decreased speed limits adjacent to schools - schedule"iii"

5. When any highway set out in column 1 of schedule "iii" to this by-law, between the limits set out in column 2 of the said schedule "iii" is marked in compliance with the regulations under the highway traffic act, the maximum rate of speed on such highway or part of highway shall be the rate of speed set out in column 3 of the said schedule "iii" during the times or days set out in column 4 of the said schedule "iii".

Official signs

6. Speed limits signs on highways shall be posted pursuant to the highway traffic act and regulations thereto.

By-law subject to the highway traffic act

7. The provisions of this by-law are subject to the provisions of the highway traffic act.

Schedules adopted

8. The schedules referred to in this by-law and shall form part of this by-law and each entry in a column of such a schedule shall be read in conjunction with the entry or entries across there from, and not otherwise.

By-law in force

9. This by-law shall come into force and take effect on 10t1\ august, 2009.

Read, done and passed in open council, this 10th day of august 2009.

Richard Lalonde, Mayor

Daniel Gatien, Clerk

Index of Schedules
SheduleEnabling SectionNature of Section
i Section 3 Increase / decrease rate of speed on Highway
ii Section 4 Decrease rate of speed on bridges
iii Section 5 Decrease rate of speed in school zones

 Schedule i

Rate of Speed - 40 Km/h Designation
HighwayBetweenMax. Km/h
Beaumont Street Sandra Crescent and Belvedere Street 40 km
Bonavista Drive Laurier Street and Sandra Crescent 40 km
Louise Street Beaumont Street and Sandra Crescent 40 km
Sandra Crescent Beaumont Street and Beaumont Street 40 km
Giroux Street Laurier Street and Rockland Public School 40 km 2017-150
Chamberland Nord County Road 17 and Catherine Street 40 km 2017-150
Catherine Street Edwards Street and Chamberland North 40 km 2017-150
Baseline Road 1052 and 1160 Baseline Road 40 km 2019-66
Rate of Speed - 50 Km/h Designation
HighwayBetweenHighwayBetween
Adolphus St. Charlebois St. - Cul-de-sac Adrien St. Lorraine St. - Cul-de-sac
Agathe St.  Alexander St. - Charlebois St.  Alexander St.  Landry St. - Charlebois St.
Alma St.  Simoneau St. - Gilles St.  André St.  Patricia St. - St-Denis St. 
Beauchamp St.  Landry St. - Lemay St.  Bélisle St.  Landry St. - Richer St. 
 Belvedere Ave.  (Rockland)  Potvin St. - Caron St.   Belvedere Road. (Clarence Creek) Drouin Rd. - Canaan Rd.
 Blue Jay Dr.  Canaan Rd. - Cardinal Crescent  Boileau Rd.  Russell Rd. - Cul-de-sac
 Boudreau Rd.  Russell Rd. - Lalonde Rd.   Bouvier Rd  Basline Rd - Cul-de-sac
 Brazeau Rd.  Duquette Rd - Baseline Rd.   Butler Rd.  Lacroix Rd. - Legault Rd.
 Campeau Cres.  Campeau St. - Campeau St.   Cardinal St.   Blue Jay Dr. - Blue Jay Dr. 
 Carmen Bergeron St.   County Rd 17 - Richelieu St.   Caron Rd.   Laurier St. - David Rd. 
 Carrière St.   Lacroix Rd. - Donald St.   Cartier St.   Dollard St - Cul-de-sac
 Catherine St.   Edwards St. - Du Château Ave.   Cécile Cres.   Richelieu St. - Richelieu St. 
 Céline St.   Claude St. - Cul-de-sac  Centre St.   Moncalm St. - Cul-de-sac
 Chamberland St.   County Rd. 17 - Laporte St.   Champlain St/Rd  3503 Champlain Rd. - 4017 Champlain Rd. 
 Chapman St.  Notre-Dame St. - St. Paul St.   Charette St.  Notre-Dame et Cul-de-sac
 Charron St.   St-Denis St. - Cul-de-sac  Charbonneau St.   County Rd. 17 - Cul-de-sac

Charlebois St.

 Landry Rd. - Claudette St.   Chéné St.   St. Joseph St. - Giroux St. 
 Clarence Ct.   Charlebois St. - Cul-de-sac  Clark Rd.   Landry St. - Cul-de-sac
 Claude St.   Landry St. - Cul-de-sac  Claudette St.   Chalebois St. - Cul-de-sac
 Club House Dr.   David Rd. - Eagle St.   Colette St.   Lemery St. - Lemery St. 
 Cooper St.   Carrière St. - Gagné St.   Côté St.  Caron St. - Quartz Ave. 
 Crystal Ct.  Jasper Cres. - Cul-de-sac  Curé-Talbot St.   Colette St. - Cul-de-sac
 Dalrymple Dr.   Diane St. - Caron St.   Daniel Cres.   Claudette Dr. - Claudette Dr. 
 David Rd. (Clarence)  Caron St. - Tucker Rd.   De la Baie Rd.  Richelieu St. - Cul-de-sac 
 De la Forêt St.   McDermott Dr. - Cul-de-sac  Des Cerisiers Dr.   Scharf Dr. - Cul-de-sac
 Descôte Cir.  Lemay Cir. - Lemay Cir.  Des Cèdres Ave.  Caron St. - Belvedère St.
 Des Épinettes St.  Oakwood Dr. - Cul-de-sac  Des Érables St.  McDermott Dr. - Cul-de-sac
 Des Merisiers St.   Sharf Dr. - Cul-de-sac  Des Ormes Scharf St. - Cul-de-sac 
Des Pommiers St.   McDermott Dr. - Cul-de-sac  Dianne Ave.   Côté St. - Dalrymple Dr.  
Division Rd.   County Rd. 17 - Cul-de-sac  Dollard Rd.   Champlain Rd. - Cul-de-sac
Donald St.   Carrière St. - Gagné Rd.  Drouin Rd.   Joanisse Rd. - Cul-de-sac 
Dubois St.   Ramage Rd. - Ramage Rd.    Du Lac Rd.  Lalonde Rd. - Cul-de-sac 
 Du Plateau St.  Du Ruisseau St - Cul-de-sac   Duquette Rd.   Champlain Rd. - Rollin Rd.  
Du Ruisseau Rd.   Tucker Rd. - Landry Rd.   Eagle St.   Fairway Dr. - Cul-de-sac  
Edwards St.   Laurier St. - Du Moulin Park  Elie Cres.   Richelieu St. - Richelieu St.  
Emilia St.   Drouin Rd. - Cul-de-sac   Éthier St.   Champlain Rd. - Cul-de-sac  
Ettyville Rd.   Boileau Rd. - Robillard Rd.   Fairway Dr.   Caron St. - Club House Dr.  
Françoise St.   Caron St. - Notre-Dame St.   Gagné Rd.   Du Golf Rd. - Lacroix Rd.  
Gareau St.   Laurier St. - Wallace St.   Gauthier St.   Paul Dr. - Kingsley St.  
Germain St.   Lemay Circle - Cul-de-sac
 Gilles St.  Alma St. - Françoise St.  
Giroux St.   Laurier St. - Rockland Public School  Goyer St.   Russell Rd. - Cul-de-sac 
Grand Tronc  Russell Rd. - Cul-de-sac  Greet St.   Eagle St. - Cul-de-sac
Guindon Rd.   Lacroix Rd. - Cul-de-sac   Hélène St. Caron St. - Cul-de-sac 
Hemlock St.   Oakwood Dr. - Cul-de-sac  Henrie Cir. (Rockland)  Laurier St. - Laurier St.  
Henrie Road (Clarence)  Landry Rd. - Rollin Rd.  Henrie-Ménard Rd.   Du Golf Rd. - Cul-de-sac 
Héritage Dr.   Laurier St. - St-Jacques St.  Hickory St.  Oakwood Dr. - Cul-de-sac 
Hudon St.   St-Jean St. - Giroux St.    Indian Creek Rd.  Russell Rd. - Cul-de-sac 
Johnston Rd.   Ettyville Rd. - Russell Rd.   Labelle Rd.   Russell Rd. - Lalonde Rd.  
Lacasse Rd.   Baseline Rd. - Vinette Rd.   Lacroix Rd.  Drouin Rd. - Bouvier Rd. 
Lalonde Rd (Clarence)  Boudreau Rd. - Cul-de-sac  Lavigne Rd.   Legault Rd. - Marcil Rd.  
Lavigne Rd.   Legault Rd. - Marcil Rd.   Lavigne St.   Lévis St. - Laval St.  
Legault Rd.   Russell Rd. - Lavigne Rd.   Lemay St. (Clarence)  Beauchamps St. - Labonté St. 
Lemay Cir. (Rockland)  Des Côtes Circle - Des Côtes Circle  Lemery St.   Champlain Rd. - Marcil Rd.  
Léonard St.   Laporte St. - Laporte St.   Lepage St.  Maisonneuve St. - Laval St.  
Lévis St.   Champlain Rd. - Marcil Rd.   Liliane St.   Patricia St. - St-Jacques St.  
 Lise Cres. Dianne St. - Cul-de-sac   Longtin St. Lavigne Rd. - Cul-de-sac  
Lorraine St.   Old Hwy 17 - Cul-de-sac   Louis-Hébert St.   Old Hwy 17 - Lasalle St.  
Maisonneuve Rd.  du Lac Rd. - Cul-de-sac   Maisonneuve St.   Laval St. - Lavigne Rd.  
Marcil Rd.   Russell Rd. - Cul-de-sac   Marion St.   Laviolette St. - St-Jacques St.  
Marquette St.   Vaudreuil St. - Vaudreuil St.   Martin St.   St-Joseph St. - Cul-de-sac  
McCall St.   Gareau St. - Edwards St.   McDermott Dr.   Scharf St. - Oakwood Dr.  
McIntyre Lane  Wilson Rd. - Old Hwy 17  McTeer Rd.   County Rd 17 - Canaan Rd. 
Michel St.  Laurier St. - Robert St.   Montcalm St.   Laval St. - Potvin St.  
Montée Outaouais  Laurier St. - Tucker Rd.   Morris St.   Lawrence St. - Des Pins Ave.  
 Nicole St.  Françoise St. - Hélène St.   Nolan Rd.   Vinette Rd. - Belvédère Rd.  
Notre-Dame St.   Des Pins Ave. - Cul-de-sac   Oakwood Dr.   Canaan Rd. - Cul-de-sac 
 Old Hwy 17 Dallaire Rd. - Division Rd.   Ouellette St.   St-Pascal Rd. - Canaan Rd. - Cul-de-sac  
Pago Rd.   County Rd. 17 - Cul-de-sac   Parc, avenue du  Simoneau St. - St-Joseph St. 
Patricia St.   Héritage Dr. - St-Joseph St.   Patrick St.   Daniel Cres. - Claudette Dr.  
Paul Dr. (Clarence)  Kingsley St. - Lavigne St.   Paul Terr. (Rockland)  Caron St. - Dianne St.  
Payer St.   Des Pins Ave. - Lawrence St.  Pigeon St.   County Rd. 17 - Cul-de-sac   
Pilon Rd.   Baseline Rd. - Cul-de-sac     Pins, Avenue des Dalrymple Dr. - Cul-de-sac   
Place Fontaine  Lemay Cir. - Cul-de-sac    Poitras St.   Lawrence St. - Morris St. 
Potvin St. (Clarence)  Champlain Rd. - Montcalm St.   Potvin Ave.  Caron St. - Potvin St.  
Pouliotte St.   Laurier St. - County Rd 17  Poupart, montée  St-Jean St. - Laurier St. 
Powers St.   Chéné St. - Laurier St.   Quartz Ave.   Jasper Cres. - Jasper Cres.  
Ramage Rd.   Old Hwy 17 - Cul-de-sac     Raymond St.  St-Jean St. - Heritage Dr.  
 Richelieu St.  De la Baie Rd. - Des Côtes Cir.   Richer St.   Landry Rd. - Bélisle St.  
Robert St.   Yves St. - Cul-de-sac   Robillard Rd.  Ettyville Rd. - Clarence Cambridge Rd.  
Rochon St.   Bélisle St. - Lavictoire St.   Rodrigue St.   Lalonde St. - Cul-de-sac  
Roger St.   Pigeon St. - Cul-de-sac   Rollin Rd.   County Rd. 17 - Cul-de-sac  
Rondeau Rd.  Boileau Rd. - Cul-de-sac   Scharf St.   Joanisse Rd. - McDermott Dr.  
Schnupp Rd.   Russell Rd. - Boileau Rd.   Sébastien Cres.   St-Jacques St. - Cul-de-sac  
Sicard St.   Montcalm St. - Champlain Rd.   Simoneau St.   Laurier St. - Du Parc Ave.  
Sophie St.   Old Hwy 17 - Adrien St.   St-Denis St.   St-Jacques St. - Laviolette St.  
St-Félix Rd.   Champlain Rd. - Drouin Rd.   St-Jacques St.   Albert St. - Heritage Dr.  
St-Jean St.   Albert St. - Laurier St.   St-Joseph St.   Laurier St. - Cul-de-sac
St-Laurent St.   St-Joseph St. - Giroux St.   St-Louis St.  Laurier St. - Albert St.  
St-Pascal Rd.  Du Lac Rd. - Cul-de-sac  St-Paul St.   Laurier St. - Chapman St.  
St-Pierre St.   Laval St. - Maisonneuve St.  Ste-Anne St.   Laviolette St. - St-Jacques St.  
Sycamore St.   Oakwood Dr. - Cul-de-sac  Sylvain St.   Heritage Dr. - Cul-de-sac 
Tania St.   Notre-Dame St. - Morris St.   Thérèse Ave.   Paul Terr. - Dalrymple Dr.  
Trillium Pl.   Paul Terr. - Cul-de-sac   Tucker Rd.  Landry Rd. - David St.  
Tweedie St.   Patricia St. - St-Denis St.   Valérie Pl.   Laporte St. - Cul-de-sac 
Vaudreuil St.  Old Hwy 17 - Cul-de-sac  Victor St.   Laurier St. - Cul-de-sac 
Victoria St.   Edwards St. - St-Jean St.  Wallace St.   Pouliotte St. - Edwards St.  
Wilson Rd.   Old Hwy 17 - Cul-de-sac  Wolfe Cres.   Agathe St. - Agathe St.  
Woods St.   Edwards St. - Cul-de-sac  Young St.   Donald St. - Cooper St.  
Yves St.   Laurier St. - Cul-de-sac  Yvette St. - Laporte - Cul-de-sac  Catherine St. - Edwards St - Du Château Ave (2017-150) 
Giroux St. Laurier St. - Rockland Public School (2017-150)    
Rate of Speed - 60 KM/H Designation
HighwayBetween
Baseline Road St-Jean St. - 1052 Baseline Rd. 
Rate of Speed - 80 KM/H Designation
HighwayBetweenHighwayBetween
Baseline Rd.  Canaan Rd. - Joanisse Rd. Baseline Rd.  1169 Baseline Rd. - Landry Rd. 
Canaan Rd.  Baseline Rd. - Cul-de-sac Caron Rd.  David Rd. - Baseline Rd. 
Vinette Rd.  Joanisse Rd. - Bouvier Rd.    
Decrease Rate of Speed on Bridge
HighwayBetweenMaximum Km/H
Drouin Rd 100 metres South and North bound lanes before bridge 40km
Boileau Rd 100 metres South and North bound lanes before bridge 40km
Bouvier Rd 100 metres South and North bound lanes before bridge 40km
Indian Creek Rd 100 metres South and North bound lanes before bridge 40km
Indian Creek Rd 100 metres South and North bound lanes before bridge 40 km
Decrease Rate of Speed in School Zone
HighwayBetweenMax Km/hTime and Day
Gendron Rd. 150 metres from entrance/exit of school along Gendron Road 40km Anytime
Heritage Dr.  150 metres from entrance/exit of school along Heritage Drive 40km Anytime
St-Joseph St.  150 metres from entrance/exit of school along St-Joseph St. 40km Anytime
Du Parc Ave.  150 metres from entrance/exit of school along du Parc Ave.  40km Anytime

 

 Road Cut - 2002-29

Whereas Council may pass such By-law pursuant to Section 308 of the Municipal Act, R.S.O. 1990, chapter M-45 as amended to authorize placing or permitting any person under such conditions as may be agreed upon to place, construct, install, maintain and use objects in, on, under or over sidewalks and highways under its jurisdiction;

Whereas Council deems it expedient to repeal By-Laws # 1988-62 and 1996-011;

Now therefore the council of the Corporation of the City of Clarence-Rockland hereby enacts that:

Definition

Road

Means a road allowance and includes all lands and structures contained within the outer limits of the allowance including grassed areas, ditches, curbs, gutters, sidewalks and other structures;

Security

Means cash, certified cheque, letter or credit or bearer bonds approved by the City of Clarence-Rockland;

Engineer

Means the Municipal Engineer of the City of Clarence-Rockland or his authorized representative.

Road Cut

No person shall cut, break, bore, jack or tunnel under, excavate or remove any part of the road without first obtaining a road cut permit.

Issuance of Road Cut Permit

Every person requiring a Road Cut Permit shall apply in writing on forms provided by the Engineer.

The permit fee for each road cut shall be $200.00 and is not refundable.  Inspection will be required.  Fees for inspection will be based on hourly rates established by the City of Clarence-Rockland.  If for any reason, the services of the Public Works are required, these services will be charged on an hourly rate established by the City of Clarence-Rockland.

No permit shall be issued until:

(a) The permit fee has been paid;

(b) The applicant has certified that all public utilities, including the Fire Department, have been informed and that no work will commence until all public utilities have given the applicant the position of all underground public services;

(c) Proof has been provided to show that the agent applying for the permit is a duly authorized representative of the applicant;

(d) A telephone number is provided and maintained for the time the permit holder is responsible for the road cut;

(e) A security deposit is provided for the sum specified in Schedule “A”.  Charges for inspections or Public Works services shall be deducted from the said deposit.

Exemptions

This by-law shall not apply so as to require a permit fee from a public utility service adjusting the grades of surface iron work such as manhole covers, valve chamber covers, catch basin tops, when the adjustment requires excavation less than three hundred (300 mm) millimeters in depth.

Scheduling

(a) A road cut shall not be commenced until at least twenty-four (24) hours notice has been given to the Engineer;

(b) A road cut permit shall become null and void if the work authorized by the permit is not commenced within thirty (30) days of the date of issue of the permit;

(c) A permit holder shall not allow a road cut to remain open for more than twenty-four (24) hours unless the work is actively in progress.

Barricades, Warning Devices and Traffic Signs

The permit holder shall erect, maintain and remove once completed, adequate barricades, traffic signs and warning devices.  All barricades around excavations shall be lighted from sunset to sunrise with amber-coloured lights and be perceptible at a distance of one hundred and fifty (150) meters under normal atmospheric conditions.  Maximum spacing for flashing lights is 1.2 meters as per the Manual of Uniform Traffic Control Devices, Ministry of Transportation Ontario’s latest edition.

Excavation

Excavation to conform with Occupational Health and Safety Act Ontario Regulation 213/91 (Construction Projects).

No excavated material which is unsuitable for backfill shall be placed on any roadway, sidewalk at any time where it will create a traffic hazard.

Backfilling

Every road cut shall be backfilled with approved materials compacted by mechanical means to obtain a degree of compaction of not less than 95% of maximum density and shall be reinstated to a condition as nearly as possible equal to the condition prevailing prior to the road cut being made and in no cases shall be less than the minimum standard of 95%.  Test results from an independent laboratory shall be submitted to the City of Clarence-Rockland.

If native on site material is not of a quality or condition acceptable to the Engineer, imported Granular “C” or Granular “D” shall be used for backfill to a level  one  hundred  and  fifty  (150 mm) millimeters below the top of the asphalt for an asphalt surfaced road.

For a gravel roadway, the top one hundred and fifty (150 mm) millimeters of the road cut shall be backfilled with Granular “A” material.

For an asphalt surfaced road, an equivalent thickness as existing in the road cut area but not less than a forty (40 mm) millimeters thickness of hot mix asphaltic material (HL3 or HL4) shall be placed over the one hundred and fifty (150 mm) millimeters of compacted Granular “A”.

Safety regulations in the workplace are to be upheld and applied.  The application of such regulations remains the responsibility of the permit holder.  Side safety slopes are to be maintained or trench boxes are to be used throughout the excavation whenever the work within the trench is in progress.

Paving reinstatement of a road cut will be mandatory within a period of ten (10) days following the backfill and the compaction as specified under clause 8 of this By-law.

Warranty

The permit holder shall remain responsible for satisfactory performance of the reinstated road cut for a period of one (1) year following the date of preliminary acceptance.

In the event of unsatisfactory performance by the reinstated road cut during the one-year period referred to in clause 9 hereof or of unsatisfactory condition on final inspection, the permit holder shall be notified of remedial works required and if such required work has not been satisfactorily completed within five (5) working days from notification, the Engineer or his representative shall have the required work completed and the cost thereof shall be deducted from the security deposit held.

Contractors

All contractors who conduct work within the City of Clarence-Rockland’s right-of-way must obtain a Third Party Public Liability and Property Damage including Products and Completed Operations insurance to the minimum limit of $1,000,000.00.

Final Acceptance

After the expiration of one (1) calendar year from the date of preliminary acceptance, the reinstated road cut shall be re-inspected and, if approved for final acceptance, the Engineer shall prepare a statement of all inspection, repair or reinstatement costs incurred and shall deduct all such costs from the security deposit then held and shall release any balance remaining to the permit holder.

Responsibility for Claims

A permit holder shall be responsible for all loss or damage arising directly or indirectly from settlement of the surface of a road within a one (1) year period or until final acceptance is given by the Engineer.

Penalty

That every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offence Act R.S.O. 1990, Chapter 33 as amended.

That By-Laws # 1988-62 and 1996-011 of the former Town of Rockland are hereby repealed.

This By-Law shall come into effect on the day of passing.

Read and passed in open council this 10th day of september 2002.

Jean-Pierre Pierre

Mayor

Daniel Gatien

Clerk

 Signs - 2015-160 *

Office consolidation – june 2018

Being a by-law for governing permanent signs, temporary signs and billboards installed on the territory of the corporation of the city of Clarence-Rockland;

Whereas the municipal act 2001, s.o., chapter 25, section 99, provides that municipalities may pass by-laws respecting advertising devices, including signs;

And whereas the council of the corporation of the city of Clarence-Rockland deems it desirable to regulate the erection, display and maintenance of signs and other advertising devices within the limits of the corporation of the city of Clarence-Rockland;

Now therefore the council of the corporation of the city of Clarence-Rockland enacts as follows:

Section 1 – Short Title

1.1     This by-law may be referred to as the "signs by-law".

Section 2 – Interpretation

2.1        Unless otherwise defined, the words and phrases used in this by-law have their normal and ordinary meaning.

2.2        Where a situation arises that is not covered by a specific regulation, or where two or more regulations are equally applicable, all provisions shall be complied with or, where it is not possible to comply with all the provisions applicable, the most restrictive provisions shall prevail.

2.3        This by-law is gender-neutral and, accordingly, any reference to one gender includes the other.

2.4        Words in the singular include the plural and words in the plural include the singular.

2.5        The following abbreviations and symbols stand for the words respectively set forth opposite thereto as follows:

Cm    - centimeter m - meter

M2     - square meter

%      - per cent

2.6        It is declared that any section, subsection or part thereof be declared by any court of law to be bad, illegal or ultra vires, such section, subsection, part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

2.7        Headings are inserted for convenience of reference purposes only, form no part of this by-law and shall not affect in any way the meaning or interpretation of the provisions of this by-law.

Section 3 – Definitions

In this by-law:

3.1        “A-Frame sign” means a mobile self-supporting structure shaped like an "a" with one (1) or two (2) sign faces, placed on, in front of, or adjacent to the premises of the business or organization it promotes;

3.2        “Access” means a way of ingress or egress to or from a street, and includes a private road, a driveway and any other private way;

3.3        “Alteration” means any change to the sign structure and the sign face but does not include a change in the message or maintenance;

3.4        “Animated” in reference to a sign, means movement, motion or the appearance of motion by way of motion picture, streaming video, television, led screens or any technology that would facilitate motion or the appearance of motion;

3.5        “Applicant” means the company or individual whose name is listed in the applicant information section of a sign permit application form or other person who submits an application for a sign permit, sign variance or encroachment permit on his own behalf;

3.6        “Banner sign” means a temporary sign other than a poster sign that is of a decorative nature and made of cloth, canvas or other lightweight, non-rigid material that is used or that functions as a sign;

3.7        “Billboard sign” means a large, outdoor, off-premises advertising sign that is mounted on the ground;

3.8        “Building code” means the building code act, 1992, s.o. 1992, chap. 23, the regulations made under the act, and a by-law enacted by council under the act, all as amended or re-enacted from time to time;

3.9        “Canopy sign” means a canopy or awning that is or functions as a sign;

3.10    “City” means the municipal corporation of the city of Clarence-Rockland or the geographic area of the corporation of the city of Clarence-Rockland, as the context requires;

3.11    “City Property” means any land or building owned by the city other than a street;

3.12    “Contractor sign” means a sign that has the purpose of advertising a construction company (interlock, roofing, windows, etc. ) or a property maintenance company (lawn maintenance, snow clearing, etc.) That is located on the property where renovations, construction and maintenance is being undertaken by the company advertised;

3.13    “Council” means the council of the corporation of the city of Clarence- Rockland;

3.14    “Development sign” means a sign that includes information relating to a new subdivision, development or the construction of a building or structure where lots or units will be or are available for sale or lease;

3.15    “Director” means the director of the protective services department or his authorized agent;

3.16    “Election sign” means a temporary sign advertising a candidate or political party in a municipal, school board, public utility company, provincial or federal election;

3.17    “Encroachment permit” means a permit issued under this by-law as an endorsement on the sign permit, authorizing a sign to project from private property on or over a street or city property;

3.18    “Farm sign” means a sign that is erected on a premises that is zoned agricultural or rural and advertises or identifies the name of a farm or the farm related products or services offered on the premises or types of crops grown on the premises;

3.19    “For sale/garage sale sign” means a sign that advertises or provides directions to the temporary sale of used or unwanted household goods or personal items in a residential garage or on a residential front yard;

3.20    “Free-standing” means placed on the ground and self-supporting without supports constructed and driven into the ground;

3.21    “Gasoline pump island sign” means a sign that is located on or over a single gasoline pump island;

3.22    “Ground sign” means a sign that is affixed to the ground by a self- supporting structure that includes a permanent foundation below grade or above grade;

3.23    “Home based business” means an occupation, trade, business, profession or craft carried on as an accessory use to the use of a dwelling and includes a home occupation and home industry as defined by the zoning by-law;

3.24    “Incidental sign” means a sign whose primary function is directional or informative for the control of traffic or designation of areas such as entrance, exit, parking, loading or similar information pertinent to the function of the premises at which it is located, and includes "no trespassing" signs and similar signs;

3.25    “Inflatable sign” means a non-rigid, gas or air filled bag or balloon designed or used as an advertising device;

3.26    “Manager” means the manager of development or other agent authorized by the director of the infrastructure and planning services department to review and approve sign permit applications.

3.27    “Message centre sign” means an advertising or information sign that is designed to have a digital or analogue message in which the display changes from time to time and where that change can be made either manually or automatically;

3.28    “Mobile sign” means a sign that is designed for the manual rearrangement of copy on the sign face and part of, or attached to, a readily relocatable wheeled trailer or frame without wheels, for use in another location;

3.29    “Officer” means a person appointed by the council of the corporation of the city of Clarence-Rockland to enforce the provisions of this by-law and shall include a by-law enforcement officer or the director of the protective services department;

3.30    “Official sign” means a sign erected by a public body under the auspices or authority of a statute, by-law or regulation;

3.31    “Owner” means the permit holder of a sign for which a permit has been issued or the person or company whose business is advertised or on whose property the sign is posted in the case of a sign for which no permit is issued;

3.32    “Permanent sign” means a sign which is intended to remain in place for an extended period of time, exceeding 2 months, and which is securely attached either to a building face or window or attached to the ground, and may include a ground sign, wall sign, window sign, canopy or awning, projecting sign, development sign, billboard sign, or farm sign;

3.33    “Permit holder” means the person or company whose name is listed on a sign permit or whose name is listed as the applicant on the application form for which the permit was issued;

3.34    “Person” means an individual, association, firm, partnership, incorporated company, corporation, agent or trustee, and the heirs, executor or other legal representatives of a person and for the purposes of this by-law includes an owner, or any person in temporary possession of the property;

3.35    “Projecting sign” means a sign that projects on the perpendicular from the surface to which it is attached;

3.36    “Real estate sign” means a sign advertising the sale, rent or lease of the premises on which it is located;

3.37    “Registered non-profit organization” means a non-profit organization registered as such with the federal or provincial government and may include churches, public schools, public charities, public clinics and hospitals, political organizations, legal aid societies, volunteer services organizations, labour unions, professional associations, research institutes, museums, and some governmental agencies;

3.38    “Sign” means any visual medium used to convey information by way of words, pictures, graphics, emblems or symbols or any device used for the purpose of providing direction, information, identification, advertisement, business promotion or the promotion of a product, activity, service or idea;

3.39    “Sign face” means that portion of the sign upon, against or through which the message of the sign is displayed, but does not include the sign structure;

3.40    “Sign face area” means the total area of all sign faces on one sign structure;

3.41    “Sign height” means the vertical distance measured from the highest point of the sign to grade and includes any support structure;

3.42    Removed – (by-law 2018-67)

3.43    “Tear drop sign” means a free-standing temporary sign composed of a metal or plastic stand and a vertical banner in the shape of a tear drop that is attached to the stand along one side and along the top;

3.44    “Temporary sign” means a sign which is intended to be in place for a period not exceeding 60 days and which is not permanently attached to a building or to the ground and may include a banner sign, an inflatable sign, a tear drop sign, a mobile sign, or other free standing sign;

3.45    “Wall sign” means a permanent sign that is attached to the wall of a building and includes a canopy or awning which is or functions as a sign;

3.46    “Window sign” means a permanent sign where a message is painted directly on or affixed as a sticker to the interior or exterior window of a building;

3.47    “Zone” means any zone established in the zoning by-law of the corporation of the city of Clarence-Rockland and includes all special exceptions to the zones and “zoned” has a corresponding meaning;

3.48    “Zoning by-law” means the zoning by-law of the corporation of the city of Clarence-Rockland, as amended and includes any by-law enacted in substitution therefore.

Section 4 – Administration

Department responsible

4.1        The protective services department is responsible for the enforcement of this by-law.

Zoning

4.2        A property which benefits from a status as a legal non-conforming commercial use within any other zone shall be deemed to be within a commercial zone for the purposes of the application of the regulations of this by-law.

4.3        A residential building in a residential zone includes the dwelling located on any property in a rural or agricultural zone where the primary use of the lot is residential.

Lawfully existing signs

4.4        This by-law does not apply to a sign that was lawfully erected or displayed before the day the by-law came into force if the sign is not altered and the maintenance and repair of the sign shall be deemed not in itself to constitute as an alteration. (by-law 2018-67)

Exemptions

4.5        The provisions of this by-law do not apply to signs erected by federal, provincial or municipal government.

4.6        The provisions of this by-law do not apply to the corporation of the city of Clarence-Rockland notification signs that are supplied and installed by or for any department of the city and that are commonly referred to as on site signs.

Section 5 – Permits

Sign permits

5.1        No person shall erect a sign on private or public property within the city of Clarence-Rockland without first having obtained a permit for the sign.

5.2        Every applicant shall complete a sign permit application as set out in annex a, submit all necessary plans and drawings and pay all applicable fees as set out in the city of Clarence-Rockland fee by-law.

5.3        Despite section 5.2, before issuing a permit under this section, the manager may require the applicant to submit such plans, specifications, documents or other information as the manager determines is necessary to ascertain whether or not a permit may be issued and those plans, specifications, documents or other information may be different for different signs or types of signs or signs in different zones or signs used for different purposes.

5.4        The manager may issue the permit:

(a)        With a term imposed by this by-law, or

(b)        With a term or with restrictions imposed by council or the manager, as a condition of granting a variance to this by-law.

5.5        The manager may approve variations of up to 10% of the height and sign face area regulations required in this by-law, without requiring an application for a variance, where a variance is warranted due to:

(a)          Physical impediments or obstructions;

(b)          Topography;

(c)          Sign visibility; or

(d)          Public safety.

5.6        The plans, specifications, documents and other information submitted with an application under this by-law are the property of the city and, upon issuance of the permit, become public information.

Permit revoked

5.7        The manager shall revoke a permit issued under this by-law if:

(a)        The permit was issued in error;

(b)        The permit was issued on false, misleading, mistaken or incorrect information; or

(c)        The permit holder requests in writing that the permit be revoked.

5.8        The manager shall notify the permit holder of the revocation of the permit under subsections 5.7(a) or 5.7(b) and said notice may be given in the manner prescribed by section 12.3.

Encroachment permits

5.9        No person shall erect a sign or any part of a sign on city property or that projects over a city property or right-of-way of a city street without first having obtained an encroachment permit.

5.10    The manager may include the encroachment permit as an endorsement on the sign permit and no additional permit is required for the sign encroachment.

5.11    The manager may issue an encroachment permit subject to such terms, conditions and restrictions as he may determine to be necessary, or are set out by council.

5.12    Any part of an unpaid encroachment permit fee is a debt due to the city and may be recovered:

(a)      In any court of competent jurisdiction; or

(b)      By adding the cost to the tax roll and collecting the fee in the same manner as taxes.

Encroachment permit renewals

5.13    The holder of an encroachment permit shall pay an annual encroachment permit fee in the form of an encroachment permit renewal fee in order to be granted the right by the city to erect or maintain a sign on city property or that projects over a city property or right-of-way of a city street.

Section 6 –Variances

6.1        The city may authorize a variance from this by-law by approval of the manager or by resolution of council, upon submission of a variance application as set out in annex b, if, in the opinion of the city, the general intent and purpose of the by-law are maintained.

6.2        An application under section 6.1shall be deemed to be complete when it is:

(a)        Submitted to the manager; and

(b)        Accompanied by:

(i)         A complete sign permit application,

(ii)        Such plans, specifications, documents or other information as the manager may require,

(iii)      The full application fee as set out in the city of Clarence-Rockland fee by-law, and

(iv)      Any supporting documentation that the applicant considers appropriate.

6.3        An application under section 6.1 may be refused if it is not deemed complete.

6.4        A permit is required for any sign that received approval through a variance.

6.5        Council is the approval authority for any variance to this by-law pertaining to:

(a)        Billboard signs;

(b)        Sign types that are not defined in this by-law;

(c)        Signs that vary from the setback or sign face area provisions of this by-law by more than 400%; or

(d)        Any other sign application that is deemed by the manager to require public consultation and input from council prior to approval.

6.6        Where council or the manager approves an application for a variance to permit a sign, the manager shall issue a permit for that sign subject to any conditions imposed by him or by council within 10 days of the date of the decision.

Section 7 – Fees, Charges and Refunds

7.1        The manager shall not process an application for a sign permit, encroachment permit, encroachment permit renewal, or variance until the applicable fees as set out in the city of Clarence-Rockland fees by-law have been received.

7.2        Section 7.1 does not apply to a permit for a temporary sign where the applicant is a registered non-profit organization and where the purpose of the sign is to advertise an event or a program registration period.

Refunds

7.3        Where an applicant withdraws an application prior to the issuance of the permit, he or she may be entitled to a refund of a portion up to 50% of the permit fee as determined by the manager.

7.4        Where a permit has been cancelled or revoked, as described under section 5.7, no refund is payable.

Section 8 – General Provisions

Prohibited signs

8.1        No person shall erect any of the following signs:

(a)        A roof sign;

(b)        A sign that is affixed to a shed, tree, pole, hydro or telephone pole, city post, traffic light, lamp post, fence, another sign or any other structure or painted on a rock surface if that sign is visible from either a street or a private road;

(c)        A sign that imitates, resembles or could reasonably be mistaken for a traffic control signal or an official sign;

(d)        A sign that obstructs the flow of a ditch, drain, or water course;

(e)        A sign that could obstruct the view or the visibility of:

(i)         Vehicular or pedestrian traffic using or entering a street or railway crossing,

(ii)        A traffic control signal, or

(iii)      An official sign;

(f)         A sign that interferes with vehicular or pedestrian movement to such a degree that it becomes or creates a nuisance or a hazard for any vehicle or person;

(g)        A sign located within a visibility triangle, including:

(i)         A sign measuring more than 0.3 m2 at a street corner within a visibility triangle formed by measuring 6 m along the lot lines from the intersection of any two streets or at the intersection of two parts of the same street meeting at an angle of not more than 135 degrees,

(ii)        A sign that is greater than 75 cm in height at any point within a visibility triangle formed by measuring 2 m along the lot line and a driveway, at the intersection of the driveway and the lot line abutting the street, and

(iii)      A sign within 6 m of a traffic control signal;

(h)        A sign that is illuminated or animated or creates noise in such a way that it constitutes a hazardous distraction for vehicular or pedestrian traffic;

(i)         A sign structure that could, in any manner, endanger a person or property;

(j)         A sign that interferes with electrical light, power or telephone wires;

(k)        A sign that obstructs:

(i)         An entrance or exit to a building,

(ii)        An emergency exit,

(iii)      An emergency standpipe,

(iv)      A fire hydrant, or

(v)        Any means of access by an emergency service to any part of a building.

8.2        No person shall use or park a vehicle or any part of a vehicle on any premises for the sole purpose of an advertising device.

Maintenance of signs

8.3        Every owner of a permanent or temporary sign shall ensure that the sign is maintained in a proper state of repair so that such sign does not become unsafe, structurally unsound, unsightly or dangerous.

8.4        Every owner of the premises on which a permanent or temporary sign that has been defaced, damaged or destroyed is located shall immediately repair the sign to its original condition or remove it.

8.5        Where a sign structure has a missing face, the owner of a permanent sign shall ensure that, in lieu thereof, it has a solid, opaque or translucent panel completely covering the sign face opening.

8.6        Every owner of a permanent or temporary sign shall ensure that the materials and structures comply with all governing requirements of the building code, the electrical safety authority or any other code or legislation having jurisdiction over such matters.

8.7        Despite any provision of this by-law, the owner of a permanent or temporary sign shall locate the sign so as to be serviceable entirely from the premises upon which the sign is located.

Content

8.8        The message and content of any new permanent or temporary sign shall be written in both official languages of canada. The lettering of a permanent or temporary sign (dimension and style) must be identical in French and in English; however the name of the business can be unilingual.

8.8.1 Unilingual schools and churches shall be exempt from conforming with section 8.8 of this by-law. (as amended by by-law 2017-66)

8.9        For the purpose of section 8.8, a double-faced sign may have the message or content written in English on one side and French on the other side.

8.10    For the purpose of section 8.8, two otherwise identical wall signs placed adjacent to one another may have the message or content written in English on one sign and French on the other sign.

8.11    For the purpose of section 8.8, a billboard sign with a changing message may have the message content written in English or in French at any given time, however all messages must be available in both languages within the same day.

8.12    The message, logos, graphics displayed on any sign shall not promote violence, hatred and discrimination on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, disability or contempt against any identifiable group.

8.13    The message, logos, graphics displayed on any sign shall not be disrespectful or contain profanity or obscenity.

8.14    The message, logos, graphics displayed on any sign shall not promote unlawful activity.

8.15    Signs depicting gruesome pictures such as skulls, skeletons and signs depicting pornographic scenes are prohibited.

Message Centre

8.16    A message centre sign may be incorporated as a portion of a ground sign or as a portion of a wall sign, provided that:

(a)          The area of the message centre portion of the sign face is no greater than twenty-five per cent (25%) of the permitted area of the sign.

Illumination

8.17    In a commercial, industrial, or community facilities zone, a sign for which a valid permit has been issued may be illuminated either internally or externally, unless it is within 30 m of a residential building in a residential zone and it is visible from a residential building in a residential zone.

8.18    Externally illuminated signs shall be designed such that the lighting is directed to shine down and away from abutting residential uses as well as streets or pathways.

8.19    A temporary sign may be illuminated through indirect lighting reflected off the sign message only.

Section 9 – permanent signs

9.1        No person shall erect a permanent sign without first obtaining a permit and such signs shall be in compliance with the provisions of this section.

Home based business and bed and breakfast signs

9.2        A sign for a bed and breakfast or home based business may be a wall sign, a window sign, a projecting sign, or a ground sign, provided it is:

(a)        No larger than 0.5 m2;

(b)        In the case of a ground sign, no more than 1.5 m in height;

(c)        In the case of a wall sign, a window sign, or a projecting sign, located on the ground floor of the dwelling or accessory building in which the business is located;

(d)        The only sign on the property.

9.3        A sign for a bed and breakfast or home based business shall not be a ground sign if located within the urban area or a community policy area.

Wall/window/projecting signs

9.4        Wall signs, window signs, and projecting signs are permitted in the following zones: residential, commercial, industrial, core area, institutional, rural, agricultural.

9.5        No person shall erect a wall sign or a window sign unless it complies with the regulations set out in table 9.1 as follows:

Table 9.1 Wall Signs and Window Signs
ZoneArea
Commercial 15% of the wall area
Industrial 15% of the wall area
Core Area 15% of the wall area
Institutional 10% of the wall area
Rural 10% of the wall area
Agricultural 10% of the wall area

9.6        Any number of wall signs shall be permitted on a single building, provided the total sign face area of all signs does not exceed the permitted percentage of the wall area indicated in table 9.1.

9.7        No person shall erect a projecting sign larger than 2 m2.

9.8        A wall, window, or projecting sign must be located on the side of the building which faces the street or the parking area for the business or organization to which it relates and must be visible from the street.

9.9        No person shall erect a wall, window, or projecting sign in a location other than on the first or second storey.

Ground signs

9.10    Ground signs are permitted in the following zones: residential, commercial, industrial, institutional, rural, agricultural.

9.11    No person shall erect a ground sign unless it complies with the regulations set out in table 9.2 as follows:

Table 9.2 Ground Signs
ZoneHeight (maximum)Area (maximum)
Residential 1.5 meters 1.5 meters2 
Commercial 8.5 meters 16 meters2
Industrial 8.5 meters 16 meters2
Institutional 2 meters 3 meters2
Rural 3 meters 4 meters2
Agricultural 3 meters 4 meters2

9.12    In a residential zone, the only ground signs permitted shall be those for home based businesses in conformity with the provisions of section 9.2 and those for the identification of apartment buildings.

9.13    No more than one ground sign shall be permitted relating to the same business or organization on the same property.

9.14    A ground sign shall be located on the premises of the business or organization to which it relates.

9.14.1 registered non-profit organizations shall be exempt from conforming to section 9.14 of this by-law. (by-law 2018-67)

9.15    No ground sign shall be erected within 25 m of another ground sign.

9.16    Every ground sign shall be:

(a)        At least 1.5 m from any property line; and

(b)        At least 0.5 m from a parking lot or other area usually travelled or used by motor vehicles.

Development signs

9.17    Development signs are permitted in the following zones: residential, commercial, industrial, rural.

9.18    No person shall erect a development sign unless it complies with the regulations set out in table 9.3 as follows:

Table 9.3 Development Sign
Size of DevelopmentHeight (maximum)Area (maximum)
Fewer than 10 units/lots 3 meters 2 meters2
Between 10 and 25 units/lots 5 meters 6 meters2
Entire Section 10, as amended by By-Law 2016-100 6 meters 12 meters2
Between 25 and 50 units/lots 6 meters 12 meters2
Over 50 units/lots 7 meters 20 meters2

9.19    A development sign shall be a minimum of 3 m from any property line, driveway, parking lot or other area usually travelled or used by motor vehicles.

9.20    A development sign shall be removed within 30 days of all units being built.

9.21    A maximum of 4 directional development signs may be permitted for a single development with each sign having a maximum area of 1 m2, and a maximum height of 1.5 m.

9.22    A directional development sign shall be a minimum of 1.5 m from any property line, driveway, parking lot or other area usually travelled or used by motor vehicles.

9.23    A development sign must be located on the same property as the development and a directional development sign must be located within 3 km of the development to which it relates.

Billboard signs

9.24    Billboards are only permitted to be erected along county roads in the following zones: commercial, industrial, rural.

9.25    Billboards shall have a maximum sign face area of 18.5 m2 and a maximum height of 9 m.

9.26    No person shall erect a billboard sign within:

(a)        25 m of a county road right-of-way,

(b)        15 m of a traffic control signal,

(c)        60 m of a residential building in a residential zone or a vacant lot in a residential zone,

(d)        300 m of another billboard sign, or

(e)        15 m of another permanent sign of any type.

9.27    No permit is required to change the content of a billboard sign.

Section 10 – Temporary Signs

10.1    No person shall erect a temporary sign without first obtaining a permit and such signs shall be in compliance with the provisions of this section.

10.2    Every temporary sign shall be located on the premises of the business or organization to which it relates.

Banner signs and mobile signs

10.3    Mobile signs and banner signs are not permitted in a residential or agricultural zone.

 

10.4   A mobile sign shall have a height not exceeding 2.7 m as measured from grade.

10.5    The sign face area of a mobile sign or a banner sign shall not exceed 4.5 m2.

10.6    A banner sign shall be affixed to the exterior wall of a building on the subject premises or business.

10.7    No mobile sign shall be erected within 25 m of another mobile sign.

10.8    A mobile sign shall be:

(a)        At least 1.5 m from any property line; and

(b)        At least 0.5 m from a parking lot or other area usually travelled or used by motor vehicles.

10.9    A mobile sign or a banner sign may be permitted for a period of time not exceeding 120 days commencing on the date indicated on the permit.

10.10 A maximum of 4 temporary sign permits may be issued for a mobile sign or a banner sign for the same business on the same premises within a one year period, provided that the cumulative total of the time periods for which the signs are permitted does not exceed 120 days within a one year period commending on the date indicated on the permit.

10.11 No more than one mobile sign and no more than one banner sign shall be permitted relating to the same business or organization on the same property at the same time.

10.12 A maximum of two mobile signs per event or program organized by a not for profit organization shall be permitted to be displayed at the same time, provided they are located on different properties.

10.13 Notwithstanding section 10.2, a mobile sign for an event or program organized by a not for profit organization may be permitted on any private or public property with permission from the property owner.

Inflatable signs

10.14 An inflatable sign shall have a maximum height of 3 m measured from grade and a maximum width of 3 m.

10.15 An inflatable sign shall be located:

(a)        On a premises having a frontage of at least 15 m,

(b)        At least 3 m from any property line,

(c)        At least 3 m from any driveway entrance and exit,

(d)        At least 10 m from any other temporary sign on the same premises or abutting premises, and

(e)        At least 60 m from a residential building in a residential zone.

10.16 An inflatable sign shall be affixed to the ground and properly secured to the satisfaction of the manager and shall not be placed in such a way that it extends above a roof line of a building or structure.

10.17 A temporary sign permit that is issued for an inflatable sign shall permit the placement of the inflatable sign for a period of no more than seven consecutive days within a six month period from the first day the temporary inflatable sign is erected.

Other temporary signs

10.18 Any temporary sign that is a free-standing ground sign but not a mobile sign must be a free standing sign which is placed on the ground but is not affixed to the ground or embedded in the ground.

10.19 Such a temporary sign shall have a maximum height not exceeding 2.7 m and shall have a maximum sign face area not exceeding 4.5 m2.

10.20 Such a temporary sign may be permitted for the opening of a new business or for the advertisement of a public event in the following zones: commercial, core area, industrial, rural.

10.21 A temporary sign shall be:

(a) At least 1.5 m from any property line; and

(b) At least 0.5 m from a parking lot or other area usually travelled or used by motor vehicles.

10.22 A permit for such a temporary sign may be given for a time period not exceeding 60 days.

Section 11 – Signs That do Not Require a Permit

11.1    Notwithstanding the requirements of section 5.1, section 9.1, and section 10.1, the following signs listed in column a of table 11.1 do not require a sign permit if erected for the period of time specified in column b, in the zone specified in column c, not exceeding the dimensions specified in column d, and not exceeding the number of signs specified in column e.

Table 11.1 Signs that do not require a permit
Column ASign TypeColumn BTime LimitColumn CZone(s)Column DDimensions (maximum)Column ENumber of signs (maximum)
Gasoline Pump Island Sign None Commercial Industrial

3.5 Meters Height Above Grade

1 per gasoline pump
Farm Sign None Rural Agricultural 4 meters2 1 per farm

Wall Sign on a Temporary Sales Centre Building

None All Zone 15% of the wall area No limit
Election Sign

60 days before election day and 7 days after Election day

All Zone None No limit
Incidental Sign None All Zone 0.3 meters2 No limit
Real Estate Sign 15 days after the property is sold All Zone

Commercial, Industrial, Rural, and Agricultural: 6 meters2;    Any Other Zone: 1 m2.

1 per street frontage
Contractor Sign 60 days All Zone 0.3 meters2 1 per street frontage
Farm Produce Sales Sign Seasonal (May 1st to November 1st) All Zone 2 meters2

Any number, provided the total sign face area of all signs on the property does not exceed 5 meters2

For Sale / Garage Sale Sign 15 days All Zone 0.07 meters2

3 per person/ per

Garage Sale

A-Frame Sign Seasonal (May 1st to November 1st) Commercial Core Area

Width 60cm, Length     75 cm, Height 1 m

2 per business/ organization
Tear Drop Sign Seasonal (May 1st to November 1st)

Commercial, Industrial, Core Area, Rural

Height 2 meters 2 per business/ organization

Sign Advertising a Local Public Event Organized by a Non-Profit or Governmental Organization

30 days All Zones Except Residential Zones 0.3 meters2 20 in all of Clarence- Rockland per event

11.2    Every gasoline pump island sign, farm sign, real estate sign, or farm produce sales sign shall be located on the premises where the advertised item is being sold.

11.3    the following signs are permitted on public property without an encroachment permit and are exempt from the requirements of section 5.9 of this by-law, provided they conform to the time limit, zone, and dimension requirements of table 11.1:

(a)        Election signs;

(b)        For sale/garage sale signs;

(c)        A-frame signs;

(d)        Signs advertising a local public event organized by a non-profit or governmental organization.

11.4    Despite the provisions of table 11.1, a maximum of two contractor signs which have the dual purpose of advertising snow removal and acting as a marker to identify the edge of a driveway may be permitted on a single property provided that:

(a)      They are placed at the edges of a legal driveway,

(b)      They are not erected prior to November 1st and do not remain on the premises after April 30th of any year,

(c)      The total sign face area of the two signs does not exceed 0.3 m2, and

(d)      The width of each sign be no more than 15 cm.

11.5    A real estate sign shall be located on the property that is advertised for sale.

11.6    Despite section 11.5, for a condominium property, the real estate sign advertising the sale of a condominium unit may be located within the municipal right of way of the public street on which the property has frontage or access, provided it is a minimum of 1.0 m from the edge of the pavement or sidewalk.

11.7    In addition to section 11.6, the location of a real estate sign on city property for the sale of a condominium unit is also subject to any condominium corporation’s by-laws or regulations.

11.8    In addition to other permitted real estate signs, a maximum of two temporary real estate signs for the purpose of advertising an open house at a property which is listed as being for sale may be permitted on public property within the road right of way of an adjacent street, provided:

(a)        The sign must be located a maximum of 1km from the property it advertises; and

(b)        The sign must be either

(i)           An a-frame sign with a maximum width of 60 cm, a maximum length of 75 cm, and a maximum height of 1 m, or

(ii)         A sign temporarily affixed to the ground with a maximum area of 0.3 m2.

11.9. Temporary election signs pertaining to municipal, county, provincial or federal elections.

i)           No person shall place or permit to be placed an election sign earlier than 60 days prior to election day.

ii)          No person shall fail to remove their election signs within 7 days following election day.

iii)        No person shall place or permit to be placed an election sign that:

a)         Is illuminated;

b)         Interferes with the safe operation of vehicular traffic or the safety of pedestrians; or

c)          Impedes or obstructs the city’s maintenance operations

iv)        No person shall place or permit to be placed an election on or in a voting place as designated by the clerk.

v)         No person shall place or permit to be placed an election sign on any tree, bridge, traffic control sign, guardrail or other form of traffic safety structure or facility, utility pole or equipment, or any other similar type of sign, structure, facility or equipment located within the limits of a road allowance.

vi)        No person shall place or permit to be placed an election sign municipal properties, including but not limited to parkland, and other lands, buildings and facilities owned by the city of Clarence-Rockland.

vii)       No election sign shall display a logo, trademark or official mark, in whole or in part, owned or licensed by the city.

viii)      An election sign purchased by or under the direction of a candidate, shall display the name of the candidate and include a telephone number, mailing address or email address at which the candidate may be contacted regarding the sign.

ix)        An election sign purchased by or under the direction of a registered third party, as defined in the Municipal elections act, shall predominantly display the name of the candidate, but shall display the name of the registered third party and include a telephone number, mailing address or email address at which the registered third party may be contacted regarding the sign.

Section 12 – Enforcement

Entry

12.1    The director or an officer may, at any reasonable time, enter upon any land and into any building for the purpose of:

(a)          Inspecting a sign;

(b)          Determining whether the sign has been erected or maintained in compliance with:

(i)         This by-law,

(ii)        A condition of a permit issued under this by-law, or

(iii)      An order made under this by-law.

Notice of violation

12.2    Where a sign is not erected or maintained in compliance with a provision of this by-law, or in accordance with the conditions of a permit issued under this by-law, or is in an unsafe condition, the director or an officer may make a notice of violation, requiring the contravener to remove the sign or correct the violation and bring the sign into conformity in the manner and within the time specified in the notice.

12.3    The notice of violation referred to in section 12.2or a notice of revocation referred to in section 5.8shall be served by registered mail or in person to the permit holder, property owner or owner, or other persons whom the manager, director or an officer believes is contravening this by-law.

Contents of notice of violation

12.4    The notice of violation referred to in sections 12.2and 12.3shall:

(a)          Include the name of the permit holder or owner, if applicable;

(b)          Set out the contravention or unsafe condition;

(c)          Identify the required corrective action;

(d)          Provide a deadline for compliance; and

(e)          Include a statement that if the requirements of the notice of violation have not been complied with within the time specified, the director, their contractor or other agent may enter the property and pull down or remove the sign and in so far as possible restore the site to its original condition at the expense of the owner without any further notice.

Non-compliance with notice of violation

12.5    In addition to any other enforcement action, where a notice of violation under section 12.4 is not complied with within the time specified in the notice, the director may have the sign removed and the site restored as reasonably as possible to its original condition and, for this purpose, the director, their contractor or other agent may at any time enter upon the land containing the sign in respect of which the notice was made.

12.6    After making a notice of violation under sections 12.2and 12.3, and where the sign is in an unsafe condition, the director may, either before or after the notice is served, have the sign removed and in so doing may take any intermediate measures as are considered necessary to terminate any immediate danger and, for this purpose, the director, their contractor or other agent may at any time enter upon the land containing the sign in respect of which the notice was made.

Removal of sign

12.7    Where a permanent or temporary sign is placed contrary to any provisions of this by-law, the director may pull down or remove the sign or cause the sign to be pulled down or removed at the expense of the owner.

Sign to be stored

12.8    A permanent or temporary sign that is caused to be removed by the director pursuant to this by-law shall be stored by the city for at least thirty (30) days, during which time the owner or agent may claim and retrieve the sign.

Sign may be destroyed

12.9    If the permanent or temporary sign that is removed pursuant to this by-law is not claimed and retrieved by the owner or agent within thirty (30) days of its removal:

(a)        The director shall be authorized to destroy or otherwise dispose of any sign without any notice or compensation to the owner thereof.

Costs to be recovered

12.10 The costs incurred by the city in removing a sign, restoring a site or destroying a stored sign under sections 12.5, 12.6, 12.7, 12.8, and 12.9, including an administrative fee of ten (10) per cent and the cost of any intermediate measures taken to terminate an immediate danger, is a debt due to the city by the permit holder, property owner, or other person deemed responsible, and may be recovered in any court of competent jurisdiction.

 

12.11 Despite section 12.10, the costs incurred by the city under sections 12.2, 12.3, and 12.7 may be recovered by adding the costs and an additional administrative fee of ten (10) per cent to the tax roll and collecting them in the same manner as taxes.

Liability

12.12 The owner of a permanent or temporary sign and any person erecting, causing to be erected, or maintaining any permanent or temporary sign or sign structure shall be liable and responsible for such sign or sign structure.

Immunity and indemnity

12.13 The city shall not be liable for any damage to or loss of a permanent or temporary sign that was erected in contravention of the provisions of this by- law and removed by the city.

12.14 The city shall not be liable for any loss of revenue resulting from the removal of a sign pursuant to the provisions of this by-law.

12.15 The city is hereby indemnified and saved harmless from and against any and all claims, demands, causes of action, loss, costs, damages, expenses or otherwise arising from the erection, maintenance, removal or falling of such sign, sign structure or part thereof.

General

12.16 Every person who contravenes any of the provisions of this by-law is guilty of an offence.

12.17 No person shall knowingly provide false or incorrect information for the purposes of obtaining a permit.

12.18 No person shall contravene a term, provision or restriction in a permit that was imposed by the manager, the director, or by council as a condition of issuing the permit.

12.19 No person shall obstruct, hinder or otherwise interfere with an officer in the performance of his or her duties under this by-law.

12.20 No permit holder shall fail to produce his or her permit for inspection upon the request of the manager, the director, or an officer.

12.21 No person shall fail to comply with a notice of violation made pursuant to section 12.2and served pursuant to section 12.3.

12.22 Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the provincial offences act, r.s.o. 1990, chap. P.33, as amended.

12.23 When a person has been convicted of an offence under this by-law:

(a)        The Ontario court of justice; or

(b)        Any court of competent jurisdiction thereafter,

May, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted.

Repeal

12.24 The following by-law is repealed:

(a)          By-law no. 2012-35 of the corporation of the city of Clarence- Rockland entitled "signs by-law", as amended.

Enacted and passed in open council, this 11th day of January, 2016.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

 Site Plan Control - 2018-22

A by-law to establish controls on development plans.

Download the By-Law 2018-22

 Smoking - 2016-62

A by-law to legislate smoking in public places and workplaces.

Whereas section 115 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that, without limiting sections 9, 10 and 11 a municipality may prohibit or regulate the smoking of tobacco in public places and workplaces, including defining “public place” for the purpose of the by-law;                                       

And whereas the Council of the Corporation of the City of Clarence-Rockland has adopted by-laws no. 2003-141 and 2003-142 respecting smoking in public places and workplaces respectively;

And whereas it has been determined that second-hand smoke continues to be a serious health hazard because of its adverse effects and risk to the health of inhabitants and workers in the Corporation of the City of Clarence-Rockland;

And whereas it is desirable for the purpose of promoting and protecting the health, safety and welfare of inhabitants and workers in the Corporation of the City of Clarence-Rockland to repeal by-laws no. 2003-141 and no. 2003-142 and adopt a newly revised by-law in order to ensure that all public places and workplaces will be free from second hand smoke.

Therefore, the council of the Corporation of the City of Clarence-Rockland enacts as follows:

Part 1 - definitions

In this by-law:

1.1       By-law enforcement officer means an officer appointed by the City of Clarence-Rockland to enforce its municipal by-laws;

1.2       Children’s playgrounds means an area which is primarily used for the purposes of children’s recreation, and is equipped with children’s play equipment, such as, but without being limited to slides, swings, climbing apparatuses, splash pads, wading pools, or sandboxes.  playgrounds at hotels, motels and inns are included, but does not apply to personal apartment or condominium properties;

1.3       City means the City of Clarence-Rockland;

1.4       Common area means any indoor area of a building that is open to the public for the purposes of access to a retail shop, establishment or office and includes corridors, passageways, unenclosed eating areas in corridors, passageways, public rest rooms, unenclosed public seating areas and unenclosed public standing areas, whether or not the eating area, seating area or standing area is leased

1.5       Council means the City Council of the City of Clarence-Rockland;

1.6       Employee includes a person who,

i)     performs any work for or supplies any services to an employer, or;

ii)    receives any instructions or training in the activity, business, work, trade, occupation or profession of the employer;

1.7       Employer includes any person who as the owner, proprietor, manager, superintendent or overseer of any activity, business, work, trade, occupation or profession, has control over or direction of, or is directly or indirectly responsible for the employment of a person herein;

1.8       Hookah means a single or multi-stemmed instrument for vaporizing and smoking flavored tobacco, called shisha, whose vapor or smoke is passed through a water basin—often glass-based—before inhalation. Tt may also mean an oriental tobacco pipe with a long, flexible tube that draws the smoke through water contained in a bowl. also refer to a “water pipe”;

1.9       Inspector means a person appointed by council as a municipal law enforcement officer to enforce this by-law;

1.10    Municipal building means any building that is owned or operated by the Corporation of the City of Clarence-Rockland;

1.11    Narghile means a middle eastern tobacco pipe in which the smoke is drawn through water before reaching the lips. also refers to a “hookah”;

1.12    Person includes a corporation;

1.13    Proprietor or other person in charge means the person who controls, governs or directs the activity carried on within the premises designated as prohibited areas under this by-law and includes the person who is actually in charge thereof at any particular time;

1.14    Public place means any building, structure, vessel, vehicle or conveyance, or part thereof, whether covered by a roof or not, to which the public has access as of right or by invitation, expressed or implied, whether or not a fee is charged for entry but does not include a street, road or highway;

1.15    Sheesha or shisha may refer to a “hookah” or a “water pipe”;

1.16    Smoke or smoking includes the carrying of a lighted cigar, cigarette, pipe or any other lighted smoking equipment used to smoke any tobacco or non-tobacco substances;

1.17    Sports fields means an area used primarily for the purpose of sports such as, but without being limited to the following, but not including golf, whether or not a fee is paid for the use for soccer, football, basketball, tennis, baseball, softball or cricket, skating, beach volleyball, running swimming, skateboarding owned by a municipality, the province, or a post-secondary institution.  It does not include recreational trails;

1.18    Water pipe means a device used for smoking tobacco, marijuana, etc., in which the smoke passes through water before it is inhaled, or a smoking device that consists of a bowl mounted on a vessel of water which is provided with along tube and arranged so that smoke is drawn through the water where it is cooled and up the tube to the mouth.

1.19    Workplace means a building, structure, vessel, vehicle or conveyance or part thereof in which one or more employees work, including any other area utilized by employees but does not include a street, road or highway.

Part 2 - Interpretation

2.1       This by-law applies to the smoking of tobacco in every designated public place and in every workplace within the geographic limits of the City of Clarence-Rockland.

Part 3 - Administration

3.1       The City of Clarence-Rockland by-law enforcement officers are responsible for the administration and enforcement of this by-law.

Part 4 – Public Places

4.1 The following are designated public places for the purposes of this by-law:

a)   the common area of a public building;

b)  an indoor service line or service counter in any premise to which the public has access;

c)   a place of public assembly;

d)  a public restroom;

e)   a food court;

f)    a public facility;

g)  a reception area;

h)  the public portion of an amusement arcade;

i)    a municipally owned building with the exception of a public facility;

j)    a bingo hall;

k)   a bowling alley;

l)    a billiard hall;

m) the public portion of any restaurant;

n)  the public portion of any bar;

o)   an arena;

p)  the public portion of any retail shop;

q)  the common area of a shopping mall

r)   the public portion of any laundromat;

s)   the public portion of any barber shop or hairdressing establishment;

t)    a school bus;

u)  a taxicab;

v)   a limousine;

w)  a private club.

4.2       No person shall smoke in any public place that is designated in section 4.1 of this by-law, whether or not a no smoking sign is posted.

4.3       No person shall smoke or hold lighted tobacco within a nine (9) meters radius of any entrance of any municipal building.

4.4       For the purposes of patios, decks and porches or similar structures, they are considered an indoor area when covered by a roof and more than 50% of the perimeter is enclosed with walls or coverings or a similar nature.  this calculation includes the main wall of the building when attached to the main building.

Part 5 - Workplaces

5.1       No person shall smoke in any workplace, whether or not a no smoking sign is posted, with the exception of private office of a company which has no employees.

Part 6 - Signs

6.1       Every proprietor or other person in charge of any public place designated or regulated under this by-law shall ensure that a sufficient number of signs as prescribed by section 6.4 are conspicuously posted so as to clearly identify that smoking is prohibited.

6.2       In addition to complying with the requirements of section 6.1, every proprietor or person in charge of a shopping mall or other public building referred to in section 4.1 shall ensure that,

  1. Signs are posted in accordance with section 6.4 in every common area of the shopping mall or other public building,
  2. Signs are posted at every entrance to the shopping mall or other public building, which are visible and in sufficient numbers, clearly indicating in English and in French that smoking is prohibited in the common areas of the shopping mall or other public building, and
  3. Signs referred to in clauses (a) and (b) are in accordance with section 6.4.

6.3       Despite section 6.1, every proprietor or other person in charge of a bar, bingo hall, billiard and private club shall ensure that a sign or signs are posted at every entrance to the bar, bingo hall, billiard and private club that clearly identifies that smoking is prohibited.

6.4       Every sign that is posted and maintained in accordance with this by-law must comply with the following requirements as illustrated in schedule ‘a’:

(i)         The graphic symbol shall be on a white background with the circle and the interdictory stroke in red.

(ii)        The words “no smoking” must be included above the graphic and the words “City of Clarence-Rockland By-law / règlement municipal de la Cité de Clarence-Rockland’’ must be included below the graphic symbol in letters and figures at least five (5) percent of the diameter of the circle in the symbol;

(iii)      In addition to the graphic symbol required by subsection 6.4 (i), other appropriate symbols may be included, such as directional arrows.

6.5       Despite the fact that the symbol referred to in subsection 6.4 (i) is a cigarette, the provisions of this by-law that prohibit smoking in designated public places and workplaces apply to all forms of the smoking of tobacco, including cigarettes, cigars, hookahs, narghiles, pipes, sheeshas, shishas, water pipes or any other lighted smoking instrument.

6.6       With respect to size of the graphic symbol, the diameter of the circle in the symbol referred to in subsection 6.4 (i) shall be not less than the number of centimeters prescribed below, based upon the maximum viewing distance in direct line of sight, as follows:

i)    three (3 m) meters or less - ten (10 cm) centimeters,

ii)   six (6 m) meters or less - fifteen (15 cm) centimeters,

iii)  twelve (12 m) meters or less - twenty (20 cm) centimeters,

iv)  twenty-four (24 m) meters or less - thirty (30 cm) centimeters,

v)   forty-eight (48 m) meters or less - forty (40 cm) centimeters,

vi)  seventy-two (72 m) meters or less - sixty (60 cm) centimeters.

6.7       Despite subsection 6.6, the diameter of the circle in the symbol referred to in subsection 6.4 used pursuant to section 6.4 to be erected at the entrance to every shopping mall or other public building shall be a minimum of ten (10 cm) centimeters.

6.8       Deviations from the colour or content of the signs prescribed by this section that do not affect the substance or that are not calculated to mislead do not vitiate the signs.

6.9       Any sign prohibiting smoking that refers to a by-law of an old municipality is deemed to be referring to this by-law.

6.10    Despite subsection 6.6, with respect to taxicabs or limousines, the diameter of the circle in the graphic symbol referred to in subsection 6.4 (i) and used pursuant to section (7) shall be not less than ten (10) centimeters.

Part 7 - Duties   

7.1       Every proprietor or other person in charge of a designated public place or a workplace in which smoking is prohibited shall ensure compliance with this by-law.

7.2       No proprietor or other person in charge of a public place or a workplace in which smoking is prohibited shall place ashtrays or cause or permit ashtrays to be placed or to remain in that designated public place or workplace.

Part 8 – Offences    

8.1       Any person who contravenes any of the provisions of this by-law is guilty of an offence.

8.2       Any person who hinders or obstructs a person lawfully carrying out the enforcement of this by-law is guilty of an offence.

Part 9 – Penalties  

9.1       Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, chap. p.33, as amended.

Part 10 – Enforcement 

10.1    The provisions of this by-law respecting the designation of non-smoking areas, the posting of signs and the duties imposed on the proprietor or other person in charge of a public place shall be enforced by inspectors.

10.2    An inspector may, at any reasonable time, enter any designated public place for the purposes of determining compliance with this by-law.

Part 11 – Conflicts 

11.1    If a provision of this by-law conflict with an act or a regulation or another by-law, the provision that is the most restrictive of smoking shall prevail.

Part 12 – Severability

12.1    If any section or sections of this by-law or parts thereof are found in any court of law to be illegal or beyond the power of council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this by-law shall be deemed to be separate and independent therefrom and to be enacted as such.

Part 13 – Schedules 

13.1    Schedule “a”- “sign graphic symbol” forms part of this by-law;

13.2    Schedule "b"- "fine structure and short form wording" forms part of this by­ law.

Part 14 - Repeal 

14.1    That by-law no. 2003-141 be and is hereby repealed;

14.2    That by-law no. 2003-142 be and is hereby repealed.

Part 15 – Title

15.1    This by-law may be referred to as the “smoking by-law”.

Part 16 - Effective Date

16.1    This by-law shall come into effect on the date of its adoption.

Read, passed and adopted in open council this 6th day of September 2016.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

Shedule A

No smoking sign

 

 Store closing hours - 2018-41

The Corporation of the City of Clarence-Rockland by-law number 2018-41

Being a by-law to provide for certain classes of businesses to close during certain hours of certain days and during certain holidays, and to exempt certain classes of businesses therefrom.

Whereas section 148 of the Municipal Act, 2001, as amended provides that a local municipality may require that retail business establishments be closed to the public at any time;

And whereas section 1.2 (1) of the Retail Business Holidays Act, r.s.o. 1990, provides that the retail business holidays act does not apply to a municipality and does not apply in respect of any by-law of the municipality, or any retail business establishment located in the municipality if there is in effect a by-law passed by the municipality providing that the act does not apply to it;

And whereas section 1.2 (2) of the Retail Business Holidays Actr.s.0. 1990, provides that a by-law passed under section 1.2 (1) of the retail business holidays act does not take effect until the municipality passes a by-law under section 148 of the municipal act, 2001 requiring that one or more classes of retail business establishments be closed on a holiday;

And whereas the council of the corporation of Clarence-Rockland deems it expedient to adopt a by-law to regulate and govern the closing hours and the opening hours on statutory holidays of certain retail business establishment;

Now therefore the council of the corporation of the city of Clarence-Rockland enacts as follows:

Definitions

  1. In this by-law:

(a) "Closed" means not open for the serving of any customer;

(b) "Corporation" means the corporation of the city of Clarence-Rockland;

(c)  "Council" means the council of the corporation of the city of Clarence­ Rockland;

(d) "Holiday" means (a) New Year’s Day, (b) Family day (c) Good Friday, (d) Victoria Day, (e) Canada Day, (f) Labour Day, (g) Thanksgiving Day, (h) Christmas Day, (i) Easter Sunday, and (j) any other public holiday declared by proclamation of the Lieutenant Governor of the province of Ontario to be

Holiday as defined in the Retail Business Holiday Act;

(e) "Owner" means any person, persons or corporation who owns or manages a retail business establishment;

(f)   "Person" means an individual, a partnership, a body corporate and any association, and the heirs, executors, administrators, successors and assigns or other legal representatives thereof to whom the context means a human being;

(g) "Retail business" means the selling or offering for sale goods or services by retail;

(h) "Retail business establishment" means the premise where goods and services are sold or offered for sale by retail;

(i)   "Shop" means a premise with less than 2,400 sq. Feet where goods and services are sold or offered for sale by retail.

Retail Business Holiday act Does Not Apply

2. The Retail Business Holiday Act does not apply to the city of Clarence-Rockland;

3. All retail business establishments in the City of Clarence-Rockland may remain open on a holiday unless prohibited to do so under this by-law.

Retail business hours

4. Every retail business establishment within the city shall, during the whole of each year, be closed and remain closed on:

a)        Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of every week during the hours often (10) o'clock in the afternoon and seven (7) o'clock in the forenoon of the following day unless otherwise permitted herein; and

b)        Sunday of every week during the hours of nine (9) o'clock in the afternoon and seven (7) o'clock in the forenoon of the following business day as permitted by statute unless otherwise permitted herein.

5. Every retail business establishment owner shall ensure that the retail business establishment be closed and remain closed in accordance with the provisions of this by-law.

Holidays

6. Every retail business establishment within the city shall remain closed on :

a)       New Years' Day

b)       Good Friday

c)       Easter Sunday

d)       Canada Day

e)       Labour Day

f)        Thanksgiving Day

g)       Christmas Day

Prohibition

7. No person carrying on a retail business establishment shall:

a)       Allow any customer to enter the retail business establishment after the appointed closing hour to make a purchase by retail;

b)       Allow any customer to enter the retail business establishment on Christmas day to make a purchase by retail;

8. No person employed by or acting on behalf of a person carrying on a retail business in a retail business establishment shall engage in any prohibited activity listed in section 7.

9. Nothing in this by-law renders unlawful the continuance in a retail business after the appointed hour for closing thereof to any customers who were in the retail business establishment immediately before that hour or the serving of such customers during their continuance therein.

Extended Hours

10. Notwithstanding the provisions of section 4 of this by-law, all classes of retail business establishments may open at seven (7) o'clock in the forenoon and close at eleven (11) o'clock in the afternoon commencing on the 1st day of December and terminating on the 31st day of December of each year unless otherwise permitted herein:

a)        All classes of retail business establishment may exercise the right to open at six (6) o'clock in the forenoon and close at eleven (11) o'clock in the afternoon the last Friday of November of each year;

b)        All classes of retail business establishment may exercise the right to open at six (6) o'clock in the forenoon on the 26th day of December of each year.

Exemptions/exceptions

11. The following classes of business are exempt from any provisions of this by-law:

a)        Shops under 2,400 square feet and with three or fewer employees where the only goods available for sale on the holiday are in one or more of the following categories:

  • Foodstuffs,
  • Tobacco or articles required for use of tobacco;
  • Antiques;
  • Handicrafts;
  • Books

b)         Gasoline and motor oil service stations;

c)         Nurseries

d)         Flower shops

e)         Gardening centres

f)          Confectionery shops;

g)        Shops for retail sale of only fresh fruits and fresh vegetables or either of them;

h)        Shops for the retail sale of dairy products;

i)         Video rental shops;

j)         Pharmacies accredited under the drug and pharmacies regulation act, provided that the principal business of the retail business establishment is the sale of goods of a pharmaceutical or therapeutic nature or for hygienic or cosmetic purpose.

Daylight Savings

12. For the purposes of this by-law, so long as the time commonly observed in the city is one hour in advance of standard time, the times mentioned in this by-law shall be considered in accordance with the time so commonly observed and not standard time.

Penalties

13. Every person being a shopkeeper who contravenes any provisions of this by-law is guilty of an offence and is subject to the provisions of the provincial offences act, as amended.

Prohibiting Order

14. Any court of competent jurisdiction may, in addition to any other penalty, impose on the person convicted an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed towards the continuation or repetition of the offence.

Severability

15. If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part thereof shall not be construed as having persuaded or influenced council to pass the remainder of this by-law and it is hereby declared that the remainder of this by-law shall be valid and shall remain in force.

By-Law Repealed

16. By-law number 2007-123 and amendments hereto are hereby repealed.

17. This by-law shall take force on the day it is adopted by council.

Read and passed in open council on this 17th day of April 2018.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

 Swimming pools - 2013-47

A municipal by-law concerning safety around private pools and spas.

Download the By-Law 2013-47

 Taxi - 2016-108 *

Being a by-law of the Corporation of the City of Clarence-Rockland to provide for the licensing, regulating and governing the owners and drivers of taxicabs.

Whereas pursuant to section 151(1) of the Municipal Act, 2001, c.25, a municipality may provide for a system of licenses with respect to a business and may prohibit the carrying on or engaging in the business without a license and may refuse to grant or to revoke or suspend a license;

And whereas pursuant to section 151(1) of the Municipal Act, 2001, a municipality may impose conditions as a requirement of obtaining and continuing to hold or renewing a license, including special conditions, as a requirement of continuing to hold a license at any time during the term of the license, and to license, regulate or govern real and personal property used for the business and the persons carrying it on or engaged in it;

And whereas pursuant to section 156(1) of the Municipal Act, 2001, a local municipality may, in a by-law passed under section 151 with respect to the owners of taxicabs, establish the rates and fares to be charged for the conveyance of property or passengers either wholly within the municipality or to any point outside the municipality, provide for the collection of rates or fares charged for the conveyance, and limit the number of taxicabs or any class of them;

And whereas the council of the Corporation of the City of Clarence- Rockland deems it desirable, having regard, among other matters, to the health and safety of the public, the protection of consumers, and the potential for public nuisance, to license, regulate and govern taxicabs, and the owners and drivers of taxicabs;

Part 1 - Definitions

1.1 In this by-law:

(1) “Accessible Taxicab Vehicle” means a taxicab that is wheelchair accessible permitting the loading, transportation and off-loading of a person with a disability confined to a wheelchair, or other similar device used to assist a person with disabilities, and is subject to federal and provincial legislation applicable to the transportation of persons with disabilities.

(2) “Accessible Taxicab Owner Plate” means the numbered metal plate issued by the city to be affixed to the accessible taxicab.

(3) “Additional Fee” means a fee, in addition to the license fee, imposed by the municipality on a business at any time during the term of the license for costs incurred by the municipality attributable to the activities of the business.

(4)  “Alternative Fuels” for vehicles means a source of fuel used in place of gasoline and diesel fuel such as but not limited to: electricity, ethanol, hydrogen, methanol, natural gas (compressed natural gas/liquefied natural gas), propane (liquefied petroleum gas), p-series, solar energy and bio-diesel.

(5)  “Applicant” means a person applying for a new or renewing a license under this by-law.

(6) “Broker” means any person who carries on the business of accepting orders for, or dispatching, taxicabs.

(7) “Brokerage” means the general business of a broker, and shall be deemed to include the land and premises where such business is carried on.

(8)  “Business” means any trade, occupation and sale or hire of goods and services for profit wholly or partly carried on within the municipality even if the business is being carried on from a location outside of the municipality.

(9) “Business Casual Attire” means a dress code that typically includes slacks or khakis (may include dress jeans), dress shirt or blouse, open-collar or polo shirt, optional tie or seasonal sport coat, a dress or skirt, a blazer, knit shirt or sweater, and dress shoes that cover all or most of the foot.

(10) “Certificate of Insurance” means a written document stating that insurance is in effect and includes a general statement of the policy’s coverage including coverage limits and effective dates.

(11) “City” means the Corporation of the City of Clarence- Rockland.

(12) “City Solicitor” means the solicitor for the city or his/her designate.

(13) “Council” shall mean the council for The Corporation of the City of Clarence-Rockland.

(14) “Dispatch” means the communication of an order or information between a taxicab broker and a taxicab driver.

(15) “Driver” means a person who drives a taxicab.

(16) “Exclusive Concession Agreement” means an agreement which gives a person the sole right to provide taxicab services to or from any public transportation terminal, hotel, motel, taxicab stand or any other similar point of assembly.

(17) “Fare” means the amount displayed on the taxicab meter at the conclusion of a trip, or the flat rate allowed under this by-law for the trip, together with any additional charges allowed under this by-law.

(18) “Fleet” means any number of taxicabs in excess of one owned by the same owner or owners.

(19) “Highway” means a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, or any part thereof which is intended for or used by the general public for the passage of vehicles, including any surface grassed area, boulevard, ditch, curb, gutter, sidewalk and other parts of the road allowance, whether traveled or untraveled.

(20) “Highway Traffic Act” means Highway Traffic Act, R.S.O. 1990, c.H.8 and the regulations enacted thereunder as amended from time to time or any act and regulation enacted in substitution thereof.

(21) “Individual” means a natural person and does not include a corporation, partnership or association.

(22) “Inspector” means a duly appointed municipal law enforcement officer.

(23) “License” means an authorization issued under this by- law to carry on a business specified therein and the document, certificate or card issued shall provide evidence of such authority as the content may allow.

(24) “Licensed Premises” means an establishment, which is referred to in a license issued under this by-law.

(25) “Licensee” means a person who has been issued and maintains a valid license pursuant to the terms of this by- law.

(26) “Licensing Committee” means a committee of council duly appointed by council to conduct hearings under this by-law.

(27) “Licensing Director” means the director of protective services of the City of Clarence-Rockland and includes his/her designate.

(28) “Licensing Officer” means a municipal law enforcement officer of the City of Clarence-Rockland.

(29) “Mechanical Defect” means damage to, or failure of a part, component or feature of a motor vehicle.

(30) “Model Year” means the model year shown for a vehicle on the registration issued under the Highway Traffic Act.

(31) “Motor Vehicle” includes an automobile and any other vehicle propelled or driven other than by muscular power, but does not include the cars of electric or steam railways, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of the Highway   Traffic Act, R.S.O. 1990, c. H. 8.

(32) “Municipality” means geographic area of the City of Clarence-Rockland.

(33) “Order” means a request for taxicab service received by a taxicab broker.

(34) “Owner” includes a person who alone or with others owns and/or has the ultimate control over a business and/or who directs the operation of a business under this by-law and whose name appears on the license issued by the city for such business pursuant to this by-law.

(35) “Person” includes a corporation and its directors and officers, sole proprietor, and partnership and the heirs, executors, assignees and administrators or the other legal representatives of an individual and their respective successors and assignees.

(36) “Police security clearance request or a similar police security clearance” means information containing the results of a search of the Canadian Police Information Centre.

(37) “Premises” include lands, and any fence, buildings, sheds or similar structures situated thereon.

(38) “Provincial Offences act” means Provincial Offences Act, R.S.O. 1990, c. P. 33 and the regulations enacted thereunder as amended from time to time or any act and regulation enacted in substitution thereof.

(39) “Public vehicle” means a taxicab and/or accessible taxicab vehicle.

(40) “Safety standards certificate” means a safety standards certificate issued under the Highway Traffic Act.

(41) “Service Animal” means an animal that is used by a person for reasons relating to his or her disability and for which the person can provide a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability.

(42) “Tariff Card” means a card showing the current tariff, issued by the licensing director for display in a taxicab or accessible taxicab vehicle.

(43) “Taxicab” means a motor vehicle having four (4) doors, a taxicab meter and seating capacity for not less than three (3) passengers which is used for the transportation of passengers and/or goods, for hire or reward, and may include a mini-van type vehicle having less than four (4) doors, if such vehicle is approved for use as a taxicab by the licensing director.

(44) “Taxicab Driver” means a person who is licensed or is required to be licensed to drive a taxicab or an accessible taxicab.

(45) “Taxicab Meter” means a measuring device used in a taxicab to calculate the fare payable for a trip in a taxicab or an accessible taxicab vehicle.

(46) “Taxicab Owner Plate” means the numbered metal plate issued by the city to be affixed to the taxicab.

(47) “Taxicab Stand” means the area set aside and designated by the City of Clarence-Rockland to be used by a taxicab while it is waiting for, or picking up, goods or passengers.

(48) “Tint Free” means free from any type of tinting, colored spray or other reflective material on vehicle windshield and  windows that is not standard to the vehicle when sold new or equivalent, and that substantially obscures the interior of the motor vehicle when viewed from the outside or, that reduces the visibility of the driver, passenger or passengers.

(48) “Trip” means the distance and time traveled or the distance and time to be traveled, measured from the time and point at which the passenger first enters the taxicab or when the taxicab meter is first engaged, to the time and point at which the passenger finally leaves the taxicab or the taxicab meter is disengaged.

(49) “Trip Sheet” means a written record of each trip on the form prescribed in this by-law.

(50) “Vehicle” means a motor vehicle.

(51) “Year to Date” means the figures appearing under the heading “year” in the description of the motor vehicle portion of the current ministry of transportation passenger motor vehicle permit for any vehicle.

(52) “Zoning certificate” means a certificate duly issued by the city approving the use for which the license application has been made on the building and/or property where the business is located or is proposed to be located.

Part 2     Licensing Required

2.1 Unless licensed under this by-law, no person shall:

(a) Own or operate a taxicab

(b) Own or operate an accessible taxicab

(c) Act as or hold himself/herself out to be the owner/operator of a taxicab

(d) Act as or hold himself/herself out to be the owner/operator of an accessible taxicab

(e) Own or operate a taxicab brokerage

(f)  Act as or hold himself/herself out to be the owner/operator of a taxicab brokerage

(g) Drive, or act as the driver of a taxicab

(h) Drive, or act as the driver of an accessible taxicab.

2.2 A person shall carry on business only in the name in which the business is licensed.

2.3 For the purpose of this by-law, a business shall be deemed to be carried on within the city if any part of the business is carried on in the city, even if the business is being conducted from a location outside the city.

Representation of Licensing

2.4 No person shall hold himself/herself out to be licensed if the person is not licensed in accordance with this by-law.

2.5  No person shall publish or cause to be published any representation that the person is licensed under this by-law if the person is not licensed in accordance with this by-law.

Part 3 Licensing Office

3.1 The following administrative and legislative responsibilities are delegated and assigned to the licensing director as follows, but not limited to:

(a) Preparing necessary documentation and forms.

(b) Receiving and processing all applications for licenses and for renewals of licenses.

(c) Issuing licenses when an application is made in accordance with and in compliance with the provisions of this by-law.

(d) Maintaining records showing all applications received and licenses issued.

(e) Generally performing all the administrative functions and legislative functions conferred upon the licensing director by this by-law.

Part 4     Application for A License and For Renewal of a License

4.1 An application for a license and an application for the renewal of a license shall be completed on the forms provided by the licensing office.

4.2 Each executed application shall be submitted to the licensing office by the person making the application and shall be accompanied by:

(a) The fee in the appropriate amount as set out in schedule ‘a’ attached hereto and forming part of this by-law;

(b) A zoning certificate indicating that the use for which the application has been made is approved under the zoning by-law as an approved use of the premises;

(c) Proof of the applicant’s age by way of their birth certificate, passport, valid province of Ontario driver’s license or valid province of Ontario health card with a photograph of the applicant;

(d) If the applicant is a corporation, a copy of the incorporating document and a copy of the last annual information filed or, if a registered partnership, a copy of the registered declaration of partnership and a copy of the business name registration;

(e) If the applicant is a partnership or a corporation, a copy of the registered declaration of partnership, a copy of the business name registration and a list of all current partners, officers, directors and shareholders of the corporation together with their addresses and phone numbers.

(f) Every person applying for an owner’s license shall file with the licensing director, documentation satisfactory to the licensing director, and demonstrating the applicant’s right to possess or occupy the premises used by the applicant and if such applicant is not the registered owner of the property upon which the business is located, such applicant shall file with the licensing director, at the same time a copy of the lease, if any, and of any other document constituting or affecting the legal relationship between the said applicant and the said registered owner.

4.3 Every licensee shall be required to renew the said license prior to the expiry of the original license issued under this by-law.

4.4 Notwithstanding section 4.2(b), where an application is made for the renewal of a license and where a zoning certificate has been received, approving the use of the property for that same location for which the renewal application has been made, no new zoning certificate is required.

4.5 The licensing director may require the applicant to obtain more than one (1) license under this by-law, if the nature of the business of the applicant qualifies under more than one (1) licensing category under this by-law.

4.6 Where the licensing office receives an application for renewal of a license previously granted under this by-law and the appropriate fees have been paid, the licensing director shall prior to issuance of any such license:

(a)  Ensure all inspections, approvals and documents as may be required have been obtained;

(b)  Conduct inquiries into all relevant matters in order to ascertain if the applicant is entitled to obtain a renewed license under the provisions of this by-law;

(c)  Inquire into any and all relevant changes in circumstances since the previous license was issued to the applicant;

(d) Conduct any inquiries with any municipal official or employee who has carried out inspections or investigations relative to the business under application; and

(e) Request and receive reports from such municipal officials and employees as may be deemed necessary.

4.7 Notwithstanding that a license has been renewed, the licensing director may require the holder of a license, at any time after the renewal is issued, to file with the licensing director such certificates or other documentary evidence as the licensing director may require as evidence that such applicant satisfies the requirements of this by-law.

4.8 No individual shall be licensed under this by-law unless the individual is eighteen (18) years of age or over.

Part 5 Inspection

5.1 On receipt of an application for a license or for the renewal of a license or as a condition of the continuation of a license, the licensing director or inspector may:

(a) At any reasonable time, enter upon the business premises of the owner or operator to make an inspection to ensure that all the provisions of this by-law, have been complied with;

(b) At any reasonable time, inspect as much of any house, place or premises as is used for the carrying on, conducting, operating, maintaining or keeping of any business in respect of which any person is required to have a license under this by-law;

(c) At any reasonable time, inspect any vehicle, any goods, articles, books, records and other documents of or relating to any such business established under this by law; and

(d) Circulate the application and supporting documents to all or any other department within the city, or any other person or agency as may be deemed necessary, for their review and comment.

5.2 No person shall obstruct, hinder or in any way interfere with the inspector, licensing director or other person inspecting, investigating or enforcing this by-law, or withhold, destroy conceal or refuse to furnish information required.

Part 6 Issuance of License or Renewal

6.1 When an application for a license or for a renewal of a license is made in accordance with the provisions of this by-law and the applicant meets all the requirements of this by-law, the licensing office shall issue a license.

6.2 No person shall enjoy a vested right in the continuance of a license and upon the suspension or revocation, the license and/or plate(s) which are the property of the city, shall be returned.

Part 7 License Expiry Dates

7.1 Notwithstanding the date issuance, every license shall expire on the 30th day of April of every year.

7.2 Every licensee under the by-law shall be required to renew a license issued pursuant to this by-law prior to the expiry date:

(a) A renewal application may be submitted within march 1st and April 30th in every year;

(b) A renewal application which is submitted after the expiry date will be deemed to be a late renewal and shall be subject to a late fee.

7.3 Every application for renewal of a license which is not made within 60 days following the expiry date shall be deemed to be a new application and shall be subject to the new application fee

7.4 Any license issued under this by-law may be cancelled by the licensing director at any time upon the request of the licensee.

Part 8 License - Imposed Conditions

8.1 The licensing director may impose any conditions on any license to be issued or renewed under this by-law as she or he deems necessary to ensure the safety of public or of property, or for consumer protection.

8.2 It shall be a condition of every license that the licensee shall comply with the provisions of this by-law, other by-laws and all provincial and federal legislation, as applicable.

8.3 The owner shall:

(a)  Ensure such compliance, as set out in section 8.2 by every individual involved in carrying out the business.

(b) at all times, maintain and keep clean, safe, in good condition and repair any place or premises for which a license has been issued under this by-law.

(c)  Not cause, tolerate or permit a nuisance to arise in connection with the place or premises for which the license has been issued.

(d) Not cause, tolerate or permit any obstruction on any highway, sidewalk, lane or public place in front of or adjoining the place or premises for which the license was issued.

8.4 Notwithstanding any other provisions of this by-law, council may impose additional fees on a licensee, by way of a notice of additional fee, at any time during the term of the license for costs incurred by the city, attributable to the activities of the licensee.

8.5  The notice of additional fee shall be sent to the licensee by registered mail and shall provide the licensee with sixty (60) days to pay the outstanding amount from the date of such notice.

Part 9 -  Grounds to Refuse to Issue or Renew a  License or to Revoke or Suspend

9.1 An applicant whose application meets all the requirements of this by-law and its schedules is entitled to a license or the renewal of a license except where:

(a) The application is not complete or the fee payable in respect of the license or renewal has not been paid; or

(b) There are reasonable grounds to believe that any application or other document provided to the licensing office by or on behalf of the applicant contains a false statement or provided false information; or

(c) Any information contained in the original application form or any other information provided to the licensing office, has ceased to be accurate and the licensee has not provided up-to-date accurate information to the licensing director to allow the licensing director to conclude that the license should remain effective; or

(d) Any additional fee imposed on a license remains unpaid after the due date indicated in the notice of additional fee sent to the licensee; or

(e) The applicant has failed to pay the fine or fines imposed by a court as a sentence arising from convictions for breach of a by-law enacted by the city or has failed to pay the fines for convictions under the provincial offences act which are due and unpaid or where a prohibition or other court order made upon conviction has not been complied with; or

(f) There are reasonable grounds to believe that the applicant does not meet all the requirements of this by-law or any other by-law, or that the building, premises or place or part thereof in which the business is carried on or intended to be carried on does not comply with the provisions of this by-law, or with any other law including provincial or federal law, or by-law, including any applicable zoning, building, and fire department requirements including fire code advisories issued and at time of application; or

(g) The licensee has contravened any provision or provisions of this by-law within any twelve (12) month period; or

(h) There are reasonable grounds to believe that the building, premises or place or part thereof in which the business is carried on or intended to be carried on is dangerous or unsafe; or

(i) There are reasonable grounds to believe that the equipment, vehicles, and other personal property used or kept for hire in connection with the carrying on of or engaging in the business is dangerous or unsafe; or

(j) The applicant or licensee has failed to comply with any condition or direction of the licensing director or inspector or failed to permit any investigation by the licensing director or inspector; or

(k) Adverse comment or comments have been received by the licensing director from any city department or any of the agencies to which the application, renewal or request was circulated; or

(l) The applicant fails or refuses to comply with any requirement set out in the by-law to obtain or maintain or renew a license issued under this by-law; or

(m) The past or present conduct of the applicant, or of any partner, in the case of an applicant which is a partnership, or of any director or officer, employees or agents of the corporation, if the applicant is a corporation, affords reasonable grounds for the belief that the applicant will not carry on the activity for which he or she is to be licensed or to continue to be licensed, in accordance with this by- law; or

(n) The applicant or licensee has been convicted of an offence, for which a pardon has not been granted, pursuant to any one or more of parts v (sexual offences), viii (offences against persons) or ix (offences against property) of the Criminal Code of Canada, R.S.C. 1985 c. c-46, as amended or any other criminal convictions in the preceding five (5) years; or

(o) The applicant or licensee has been convicted of an indictable or summary offence under any statute of Canada, including but not limited to the Criminal Code of Canada, the Narcotic Control Act, the Food and Drug Act, and the Controlled Drug and Substances Act during the preceding five (5) years; or

(p) The licensing director becomes aware of any fact or facts, which, if known at the time of the application for the license, may have resulted in the licensing director refusing or revoking the license; or

(q) The issuance of the license or renewal of the license would be contrary to the public interest.

Part 10 - Power to Refuse to Issue or Renew A License   or Revoke or Suspend A License

10.1 The licensing director may refuse to issue a license, refuse to renew a license or may revoke or suspend a license or impose conditions on a license.

10.2 When the licensing director refuses to either issue or to renew a license, or cancels, revokes or suspends a license, or imposes terms and conditions, written notice shall be given to the applicant or licensee by the licensing director, advising the applicant or licensee of the decision.

10.3 The written notice of decision to be given under section 10.2, shall:

(a)           Set out the grounds for the decision;

(b)           Give reasonable particulars of the grounds;

(c)           Be signed by the licensing director; and

(d)          State that the applicant or licensee is entitled to a hearing before the licensing committee if the applicant or licensee delivers to the clerk or to the licensing director, within seven (7) days after the notice is served, a notice in writing requesting a hearing before the licensing committee accompanied by the appeal fee as set out in the current fee by-law.

10.4 Where no appeal is registered within the required time period, the decision of the licensing director is final.

10.5 The city clerk or the licensing director, upon receipt of a written request from the applicant or licensee within the time limit specified under section 10.3 (d), shall schedule a hearing before the licensing committee and send written notice at least 20 days before the date of the hearing to the parties, which notice may be personally delivered, sent via facsimile, by email or sent by regular or registered mail, to the address specified on the application unless the request for a hearing specifies a different address.

Part 11       Establishment of The Licensing Committee – Composition of Committee

11.1    The   licensing committee shall be composed of three (3) members appointed by city council.

11.2    A majority of the three (3) members constitutes a quorum.

Committee Coordinator

11.3 The Committee Coordinator of the license committee shall be the person so designated by the director of protective services.

Meetings

11.4    The meetings of the license committee shall be summoned at such a date and time as requested by the clerk or the licensing director or at the call of the chair of the license committee.

Powers of the committee

11.5  The license committee is authorized to administer the provisions of this by-law.

11.6  The license committee is authorized to make the final decision in respect of the revocation, suspension or reinstatement of any license issued or the imposition of conditions on any licensee.

11.7  The license committee, after a hearing, may revoke any or each of the licenses held by a licensee for cause and without limiting the generality of the foregoing for:

(a)  A breach of the law,

(b) Anything which may be in any way adverse to the public interest,

(c)  The belief that the person will not carry on or engage in the business in accordance with the law or with honesty and integrity,

(d) Any other matter which the license committee is authorized by law to consider, or

(e) Any violation of the provisions of this by-law.

11.8 The license committee may suspend a license for cause for any period that is less than the unexpired part of the period for which it was issued in lieu of revocation as provided in subsection 11.7.

11.9 The license committee may impose conditions as a requirement of obtaining, continuing to hold or renewing the license including special conditions.

Report for Review of Status of Licensee

11.10  The licensing director may report to the license committee any breaches by the licensee of this by-law with a request to consider the status of the license.

The Hearing Before the Licensing Committee

11.11  The license committee shall hold the review hearing at the time, place and date set out in the notice referred to in section 10.5.

11.12  The applicant or licensee may be represented at the review hearing by counsel, and the applicant or licensee or the counsel shall have the right to adduce evidence, submit argument in support of the application for a license or the status quo of the license and cross-examine witnesses adverse in interest.

11.13  The city shall be represented at the review hearing by either the licensing director or legal counsel, who is entitled to adduce evidence and submit arguments in reply to evidence and argument on behalf of the applicant or licensee.

11.14   At the review hearing, the onus shall be upon the applicant or licensee to show cause why,

(a)       The license applied for should be granted,

(b)       The license should not be suspended or revoked; or

(c)       Conditions should not be imposed on the license.

11.15  All review hearings shall be public hearings unless the applicant or licensee requests that the hearing be held in camera and the license committee may approve the request by a simple majority in accordance with the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.

11.16  When the applicant or licensee who has been given written notice of the hearing does not attend at the appointed time and place, the licensing committee may proceed with the hearing in his/her absence and the applicant or licensee shall not be entitled to any further notice of the proceedings.

11.17  At the conclusion of a hearing, the licensing committee shall, as soon as practicable, submit a written report on the hearing to council and the report shall:

(a)   summarize the evidence and the arguments presented by the parties to the hearing;

(b)   set out the findings of facts and the recommendations made by the licensing committee; and

(c)   set out the reasons for the recommendations.

Council After the Hearing

11.18  Council may uphold or vary the recommendation of the licensing committee or do any act or make any decision that it might have done had it conducted the hearing itself and the applicant or licensee shall not be entitled to a further hearing on the matter before council and the decision of council shall be final.

11.19    The license director shall notify the applicant in writing of the final decision, within seven (7) business days of the date of the final decision of council.

Part 12       Return of The License After Revocation or Suspension

12.1  When a license has been revoked, deemed unrenewable, cancelled or suspended, the holder of the license shall return the license to the licensing office within twenty-four (24) hours of service of the written notice of the decision and, the licensing director may enter upon the business premises of the licensee for the purpose of receiving, taking, or removing the said license.

12.2  When a person has had his/her license revoked or suspended under this by-law, that person shall not refuse to return the license, or in any way obstruct or prevent the licensing director from obtaining the license in accordance with section 12.1.

Part 13 Order to Comply

13.1  Where a licensee contravenes any provision of this by-law, or its parts, the inspector shall:

(a)    Serve a written notice on the licensee, setting out reasonable particulars as to identify the contravention, the location of the premises and directing compliance and the date by which compliance must be achieved; or

(b)    Direct in a written order setting out reasonable particulars as to identify the contravention and the location of the premises and directing that a thing or matter is required to be done and the date by which the thing or matter must be done and in default of such matter or thing being done, the matter or thing will be done at the licensee’s expense by the city, and the city will recover the expense by action or in like manner as municipal taxes.

Part 14       Businesses Requiring a License

14.1    A license is required for the following:

(a)           taxicab

(b)           taxicab driver

(c)           taxicab plate owner

(d)           accessible plate owner

(e)           taxicab broker

Part 15       License Not Transferable

15.1 A license is valid only in respect of the individual, or person and the premises named in the license. no license may be sold, transferred, encumbered, leased or loaned or in other way assigned or dealt with, unless otherwise permitted in this by-law.

Part 16       Notification of Change of Information

16.1    A licensee shall carry on business in the city under the name which is set out on the license and shall not carry on business under other name.

16.2    When a licensee changes his/her name, address, affiliated broker, employer or any other information relating to the license, that person shall notify the licensing office within two

(2) business days of the change of address or any other information relating to the license and shall return the license immediately to the licensing office for amendment and pay the license fee as outlined in the current fee by-law.

16.3    When there is a change of ownership or location for a business, the licensee is required to complete an application for a new license including submission of all documentation required for a new license as outlined in this by-law and pay the license fee as outlined in the current fee by-law.

16.4    When the licensee is a corporation and there is any change in the following information given on the application namely; the names and addresses of officers and directors, the location of the corporate head office, change of ownership of shares, the licensee shall report the change to the licensing office within seven (7) days of the change, and if necessary, the license shall be returned immediately to the licensing office for amendment.

16.5    A licensee shall not alter, erase or modify or permit such alteration, erasure or modifications of their license or part thereof unless approved by the licensing director.

16.6    Requests for change of information shall be accompanied by the appropriate fee as set out in the current fee by-law.

Part 17       Display of License

17.1 Every owner shall prominently display their licenses at the licensed premises at all times and shall produce the licenses upon request by the licensing director or an inspector.

Part 18       Notice

18.1    Any notice required by this by-law to be given to the applicant or licensee may be given, unless otherwise provided in this by- law:

(a)           By mailing a copy of the notice by prepaid ordinary mail post addressed to the address of the applicant or licensee, as the case may be, listed on the most recent application for a license or,

(b)          By delivering a copy of the notice personally to the applicant or licensee; or

(c)           By leaving a copy of the notice at the address of the applicant or the licensee as listed on the most recent application for a license; or

(d)          By leaving a copy of the notice at the business address of the applicant or licensee.

18.2    Notice of renewal provided through the mail is a discretionary service and not a requirement under this by-law.

18.3    It is the responsibility of the applicant or licensee to renew within 60 days prior to the expiry date outlined on the business license.

Part 19       Taxicab Drivers

Licensing Prerequisites – New Taxicab Drivers

19.1    Every applicant for a new taxicab driver’s license shall submit to the licensing director:

(a)      Proof of either,

(i)       Canadian citizenship,

(ii)      permanent resident/landed immigrant status, or

(iii)     a valid work permit to work as a driver issued by the government of canada

(b)     A certificate prepared by a physician dated within thirty

(30) days from the date of the application, which states that the applicant is fit and able to operate a motor vehicle.

(c)     A copy of a current and valid class “g” driver’ license issued by the province of ontario, which is in good standing according to the records of the ministry of transportation.

(d)     A driver’s abstract from the ministry of transportation dated within the last thirty (30) days from the date of application, and indicating a minimum of two (2) years class “g” driving experience prior to application date.

(e)     A minimum of two (2) current passport style photographs.

(f)     Proof of employment with a licensed taxicab   business.

(g)    A copy of a police security clearance report or a similar police security clearance from a local police service as approved by the licensing director dated within the last thirty (30) days from the date of application.

(h)   A valid certificate of completion of an accessible customer service program as required under the Ontarians with disabilities act.

(i)    Proof of attendance and participation in an orientation session administered by the City of Clarence- Rockland.

Licensing Prerequisites – Renewal of Taxicab Drivers

19.2    Every applicant for a renewal of a taxicab driver’s license shall submit to the licensing director annually:

(a)  A copy of a driver’s abstract from the ministry of transportation dated within the last thirty (30) days from the date of renewal.

(b) A copy of an Ontario provincial police security clearance report or a similar police security clearance from a police service as approved by the licensing director dated within the last thirty (30) days from the date of renewal.

(c) A copy of a current and valid class “g” driver’s license issued by the province of Ontario, which is in good standing according to the records of the Ministry of Transportation.

19.3    The licensing director may, at any time if, he or she believes it may be in the public’s best interest, require a driver to provide a certificate prepared by a duly qualified medical practitioner attesting as to whether or not the driver is fit and able to operate a taxicab.

Ontario Driver’s License Suspended & Demerit Points

19.4  When a licensed taxicab driver’s driving record shows six (6) demerit points, the driver shall notify the licensing director immediately, attend an interview with the licensing director, and produce a further driving record within six (6) months of the interview.

19.5   When a licensed taxicab driver’s driving record shows eight (8) demerit points, the driver shall be required to complete a defensive driver’s course approved by the licensing director and submit proof of completion.

19.6    When a licensed taxicab driver’s driving record shows ten (10) demerit points, the taxicab driver’s license shall be suspended and the driver shall immediately return the license issued under this by-law.

19.7    When a licensed taxicab driver’s license has been suspended, the driver may not apply for re-issuance of a taxicab driver’s license under this by-law until his/her driving record shows less than six

(6) demerit points.

Notification Requirements

19.8    When a licensed taxicab driver has had his/her driver’s license cancelled, suspended or revoked, or where the license has expired, the license issued under this by-law shall be deemed to be suspended as of the date of cancellation, suspension or revocation of the driver’s license and the driver shall immediately return to the licensing director, the license issued under this by- law.

19.9    All licensees are required to notify the city within twenty-four (24) hours of convictions under the Criminal Code of Canada, the Narcotic Control Act, the Food and Drug Act, the Controlled Drug and Substances Act, or the Highway Traffic Act.

Driver Training for Existing Taxicab Drivers

19.10    Applicants duly licensed as taxicab drivers shall be required every four (4) years or sooner, as may be determined by the licensing director, to participate in a taxicab refresher orientation session administered by the city of Clarence- Rockland.

19.11    The licensing director may require a driver at any time to complete the refresher orientation session because of complaints received against the driver, relevant convictions registered on the driver's provincial driving record or if the licensing director is of the opinion that it would be in the public’s best interest to require the driver to complete such refresher session.

Taxicab Driver Responsibilities

19.12  Every licensed driver shall:

(a)       Each day, before commencing the operation of the taxicab, examine the vehicle for mechanical defects, interior or exterior damage, as well as spare tire and wheel and shall report forthwith any defects found, to the owner of the vehicle.

(b)      Each day, upon completion of the operation of the taxicab, return the vehicle to the taxicab owner and report all defects and all accidents to the owner.

(c)       Carry the driver’s license issued under this by-law and his/her ontario driver’s license with him/her at all times when operating the vehicle.

(d)      Have available at all times and produce on request of the licensing director, inspector or passenger, a current taxicab driver’s identification card with photograph, approved by the licensing director.

(e)       Keep a legible daily trip sheet showing:

(i)        The name of the taxicab driver, the date and the taxicab owner’s plate number issued under this by- law.

(ii)       The odometer reading showing on the meter at:

  1. The commencement of each shift;
  2. The conclusion of each shift;

(iii)    The time, specific location with address if possible, and destination of every trip made;

(iv)    The specific amount of each fare collected for each trip;

(v)     Start and end times of each shift for driver.

(f)      Deposit the trip sheet with the plate holder of the vehicle or broker licensed under this by-law at the conclusion of each shift.

(g)      Be civil and behave courteously, refraining from using profanity and offer to assist any passenger when it is evident that the passenger is a person with a disability, elderly or in need of assistance.

(h)      Be well-groomed, neat and clean in personal appearance, and dressed in pants (no jeans or sweat pants) or skirt, shirt or blouse with a collar and shoes, all free from obvious wear or damage.

(i)         Give a passenger a receipt showing the taxicab driver’s name and license number and an identifying number for the vehicle, when requested, or whenever there is a dispute over the fare.

(j)        Except when the driver has made a previous order or engagement, serve the first person requiring the service of the driver’s vehicle at any place within the city, at any time by day or night, except when the person:

(i)        Is intoxicated or disorderly; or,

(ii)        Refuses to give his/her destination; or,

(iii)      Is in possession of an animal other than a service animal; or,

(iv)      Is eating or drinking any food or beverage; or,

(v)       Has not paid a previous fare or cancellation fee; or,

(vi)      Is, in the opinion of the driver, unable or unwilling to pay the fare and has been unable or unwilling to satisfy the driver that he has the funds to pay the fare; or,

(vii)      Is a grossly unclean person; or,

(viii)     Is a person under the age of twelve (12) years who is not accompanied by an adult; or,

(ix)      Refuses to wear a seat belt and either fails to produce a medical certificate exempting him/her from wearing a seat belt assembly, or fails to satisfy the driver that his/her weight is under eighteen (18) kilograms (40lbs); or,

(x)       Is intending to smoke in the vehicle.

(k)       Punctually keep all his/her appointments, and shall not make any appointment if a previous engagement would prevent him/her from fulfilling it.

(l)         Take due care of all property delivered or entrusted to him/her for conveyance or safekeeping, and immediately on the termination of any hiring engagement, shall examine the interior of his/her vehicle for any property lost or left therein, and all property or money left in his/her vehicle shall be forthwith delivered to the person owning the property or money and if the taxicab owner of the property or money cannot at once be found, the taxicab driver shall deliver the property or money to the nearest police station, with all information in his/her possession regarding the property or money.

(m)    When a passenger enters the vehicle and gives the taxicab driver the desired destination, take the shortest possible route to the destination desired, unless the passenger designates otherwise.

(n)      when a dispute arises with a passenger about the fare, refer the dispute to the taxicab owner or broker for resolution.

(o)      Turn off any radio, tape player or any other sound producing mechanical device in his/her taxicab and turn down the volume on the two-way radio upon being requested to do so by any passenger, and having done so, shall leave such devices in the off or turned down position until termination of the trip with the passenger.

(p)      Transport all passengers who are accompanied by service animals or an animal in a portable kennel or cage.

(q)      Engage the taxicab meter at the commencement of the trip when the passenger enters the cab and keep it engaged throughout the trip except where a flat rate is applicable.

(r)        Be allowed to engage the taxicab meter before the passenger enters the vehicle only after the taxicab driver has notified the passenger of his/her arrival and has waited a reasonable time after the due time of the order.

(s)       At the conclusion of the trip, place the taxicab meter in the time off status and after collecting the fare, place it in vacant status.

(t)        Ensure that inside the taxicab and accessible taxicab vehicle, the following is visible to any passenger:

(i)   the taxicab drivers photo license;

(ii)  the tariff card;

(iii) a small self-adhesive sign with the words “if the meter is not on for rides within the City of Clarence- Rockland, the fare is free”;

(u)      Not smoke any cigar, cigarette and tobacco and any other substance in the licensed vehicle.

(v)       Not use a cell phone while the vehicle is in motion and/or a passenger is in the vehicle.

Duties of Accessible Taxicab Drivers

19.13    Notwithstanding section 19.12 (j), every licensed driver of an accessible taxicab shall serve the first person unable to board regular vehicles due to a physical disability requesting the service of his/her vehicle at any place within the city, at any time of day or night, except where the provisions of section

19.12 (j) of this by-law apply.

19.14    Every licensed driver of an accessible taxicab shall:

(a)       Offer such assistance as required to facilitate the entry or exit of a physically disabled person into or out of an accessible taxicab.

(b)      Where a wheelchair is being used by a passenger, ensure that the wheelchair is properly secured in the area so provided.

(c)       Ensure that the seatbelt is properly secured.

Taxicab Stands

19.15    No vehicle, other than a taxicab licensed under this by-law, waiting for hire or engagement, shall be parked at any stand, marked as a taxicab stand by authorized signs.

19.16    Every taxicab driver shall only enter a taxicab stand by taking his/her position at the end of any line formed by the taxicabs already at the stand.

19.17    Every taxicab driver shall, while waiting at a taxicab stand or at any other public place:

(a)       Not obstruct or interfere in any way with the normal use of the taxicab or public place, or interfere with the surrounding traffic patterns; and

(b)      Not make any loud noise or disturbance; and

(c)       Be sufficiently close to his/her taxicab to have it under observation at all times: and

(d)      Not wash the taxicab; and

(e)       Not make repairs to his/her taxicab, unless the repairs are immediately necessary.

(f)        Not pick up any passenger within sixty (60) meters of a taxicab stand when there is one (1) or more taxicab at the stand:

(i)            Unless an arrangement has been previously made with the passenger to pick them up a certain location; or

(ii)            Unless the passenger exhibits a preference for that taxicab, and the chosen taxicab driver notifies the driver of the first taxicab on the taxicab stand.

Taxicab Driver Prohibitions

19.18    No licensed driver shall:

(a)       Carry a greater number of passengers than is set out in the manufacturer’s rating of seating capacity for such vehicle and a seat belt is available for each passenger.

(b)      Drive with luggage or any object placed in, hung on or attached to the vehicle in such a manner as will obstruct the taxicab driver’s view of the highway.

(c)       Take, consume or have in his/her possession any alcohol, drugs prohibited by law, prescription or non-prescription drugs or intoxicant’s which impair the taxicab drivers ability to operate a vehicle.

(d)      Use any tariff card, other than that obtained from the licensing director, or remove, exchange, lend or otherwise dispose of the tariff card.

(e)       Take on any additional passengers after the vehicle has departed with one (1) or more passengers from any one starting point, except under the following circumstances:

(i)  when done at the request of a passenger already in the vehicle.

(ii) in an emergency situation.

(f) Drive a taxicab which does not have an owner’s plate affixed thereto.

(g)  Drive a taxicab whose owner is not a licensed taxicab owner.

(h)  Permit a passenger to stand in a vehicle while the vehicle is in motion.

(i)   Be required to accept any order when the expenditure of money by the licensed taxicab driver is required on behalf of the passenger.

(j)   Recommend hotels, restaurants or other like facilities unless requested to do so by the passengers.

(k)  Be required to provide change for any note larger than fifty dollars ($50) unless the fare is at least one-half (1/2) of the value of the said note.

(l)   Operate a taxicab when the meter has not been adjusted in accordance with the existing current rates set out in this by-law, or when the operation has not been approved by the licensing director.

(m) Operate a taxicab when the taxicab meter does not operate properly.

(n)  Operate a taxicab without an owner’s plate, side numbers and roof light, provided in accordance with the provisions of this by-law.

(o)  Contravene or permit the contravention of the smoke free Ontario act.

(p)   Operate a taxicab, unless such vehicle:

(i)    Is equipped with a spare tire and jack, ready for use for that vehicle.

(ii)   Meets the standards required for the issue of an acceptance under an Ontario ministry of transportation and communication vehicle inspection report, or meets the standards for the issue of a safety standard certificate of mechanical fitness.

(iii)   Is clean, dry and in good repair as to its interior (as defined in section 20.18 (a)).

(iv)   Is clean and in good repair as to its exterior, free from exterior body damage (as defined in section

20.18 (b)).

(q)   Induce any person to engage his/her vehicle by any misleading or deceiving statement or representation to that person about the location or distance of any destination named by that person.

(r)    Recover or receive any fare or charge from any passengers or persons who had demanded his/her services, which is greater or less than the fare or charge authorized by this by-law except for a tip, gratuity, credit card, service charge, debit card or toll highway.

(s)    Recover or receive any fare or charge from any person from whom he has refused to show the tariff card.

(t)    Make any charge for time lost through defects or inefficiency of the vehicle or the incompetence of the taxicab driver.

(u)   Make any charge for the time elapsed due to early arrival of the vehicle in response to a call for the vehicle to arrive at a fixed time.

(v)   Enter into or become a party to an exclusive concession agreement.

(w)  Agree to pay, accept a fee or consideration or do any other act or thing pursuant to an exclusive concession agreement.

(x)  Charge a tariff which is not in accordance with the appropriate tariff as set out in this by-law.

(y)  Use or be permitted to use a two-way radio or monitoring device in the taxicab which enables transmission and/or receive any frequency of another licensed taxicab owner or taxicab broker licensed under this by-law, with whom the driver is not affiliated.

(z) Be actively affiliated with more than one (1) licensed taxicab broker at any time.

Part 20  Taxicab Owners

Licensing Prerequisites – Taxicab Owners

20.1   Every applicant for a taxicab owner’s license shall:

(a)      Submit to the licensing director;

(i)       A copy of a current motor vehicle permit which is in good standing and was issued in the applicant’s name by the province of Ontario for the motor vehicle of which they are the owner.

(ii)      A copy of a current Ontario standard automobile insurance policy for the vehicle for which he/she is the owner. The policy shall be endorsed to provide that the licensing director be given at least ten

(10) days’ notice in writing prior to any cancellation, expiration or change in the amount of the policy. The policy should insure, in respect to any one accident, an amount of at least two million dollars ($2,000,000) exclusive of interest and cost.

(iii)    A copy of a taxicab driver’s license issued under this by-law.

(b)     Meet the requirements of section 20.17 of this by-law relating to the vehicle.

(c)      Comply with all the provisions of this by-law.

(d)      Provide, on his/her own or in conjunction with a licensed taxicab broker, a dispatch service, for the dispatching of all licensed taxicab and accessible taxicabs on a twenty-four

(24) hours a day, seven (7) days a week basis, which offers citywide coverage.

(e)       If the applicant for a taxicab owner’s license is a corporation, the person holding the shares carrying at least fifty-one per-cent (51%) of the voting rights of the corporation shall be a driver licensed under this by-law. If no one person holds at least fifty-one per-cent (51%) of the voting rights of the corporation, then the corporation shall designate one (1) person to be the licensed driver.

20.2    Every licensed taxicab owner shall:

(a)       Keep, at all times, in the vehicle of which he/she is the taxicab owner, the original, or a photo copy of the original, of each of the following documents:

(i)        A current motor vehicle permit which is in good standing and was issued in the applicant’s name by the province of Ontario.

(ii)       The current owner’s license issued under this by-law.

(iii)      The certificate of liability insurance for the vehicle, in accordance with the by-law.

(b)       Affix the taxicab owner’s plate to the left rear trunk, or at a location and in a manner approved by the licensing director.

(c)        Employ or use only the services of taxicab drivers licensed under this by-law.

(d)        Repair any mechanical defect in the vehicle by a licensed mechanic, reported to him/her by a licensed taxicab driver.

20.3    Retain copies of the daily trip sheet submitted by the licensed taxicab driver of the vehicle for at least six (6) months and make them available for inspection at the request of the licensing director.

20.4    Have in or on the vehicle: the taxicab owner’s plate number for that taxicab in letters of at least fifteen (15) cm affixed on both front fenders, on top rear of the fender, or at a location and in a manner approved by the licensing director.

20.5    Ensure that the current tariff card is prominently displayed in the taxicab at all times so that it is readable under daytime and night time conditions;

20.6    Ensure that the taxicab is equipped with an approved taxicab meter which is:

(a)           Attached to the motor vehicle in such a position that the fare computed is clearly visible to the passengers in the front and rear seats of the taxicab;

(b)          Sealed with a seal approved, provided and installed by the municipality;

(c)           Adjusted in accordance with the tariff prescribed in section 22.1;

(d)          Tested for compliance with the tariff prescribed in section

22.1 by a license inspector, by running the taxicab in which it is attached over a measured track or distance before being sealed;

(e)           Clearly illuminated so as to be visible to passengers in the taxicab between dusk and dawn;

(f)            Kept in good working condition at all times;

(g)          Used only when the seal is intact;

(h)          Tested and sealed before being put into service if the taxicab meter has been replaced, repaired, altered, adjusted or broken.

20.7       An electrically illuminated roof sign which is securely attached to the top of the taxicab in a manner approved by the licensing director and wired to the taxicab meter and working in conjunction with the taxicab meter so that it is not illuminated when the meter is engaged and is illuminated when the headlights are on and the meter is in the vacant status.

20.8       Make the vehicle(s) available for service on a twenty-four (24) hours a day, seven (7) days a week basis for taxicab services within the city of Clarence-Rockland.

20.9       Ensure that every licensed vehicle is repaired and maintained by a licensed mechanic.

20.10    Provide taxicab vehicles powered only with alternative fuel, with the exception of accessible taxicab vehicles.

20.11    Ensure vehicles comply with requirements of section 20.17.

Vehicle Owner Prohibitions:

20.12    No licensed taxicab owner shall:

(a)  Except when affiliated with a taxicab broker, permit a vehicle not owned by him/her, to be operated under the authority of his/her owner’s plate.

(b)  Permit a vehicle of which he/she is a taxicab owner, to be operated with mechanical defects of which he/she is aware.

(c)   Operate a vehicle or permit his/her vehicle to be operated under this by-law, without the taxicab owner’s plate or sticker for that taxicab attached thereto.

(d) Operate a vehicle or permit his/her vehicle to be operated which is not registered under this by-law.

(e) On any vehicle licensed under this by-law, display any taxicab owner’s plate, decal or sticker, issued by the licensing authority of any other municipality.

(f)  Operate a vehicle that is not clean and in good repair as to its exterior, free from exterior body damage.

(g) Put any name, address or telephone number or identification other than that of himself/herself or the taxicab broker with whom he/she is affiliated, on his/her taxicab roof sign.

(h) Use or permit to be used on his/her taxicab, any emblem, decal, roof-sign or other markings which are the same shape and/or colour or similar to any distinctive emblem, decal, roof-sign or other markings being used by any other taxicab owner or taxicab broker with whom he/she is not affiliated.

(i) Operate or permit his taxicab to be operated in affiliation with a taxicab broker who is not licensed under this by- law.

(j) Display or permit the display of any sign, emblem, decal, ornament or advertisement, on or in his/her taxicab except in a form approved by the licensing director.

(k) Operate or permit his/her taxicab to be operated, unless the taxicab meter is an approved type, and has been tested and approved by the licensing director.

(l)  Operate or permit his/her taxicab to be operated for the purpose of transporting children to or from schools, except in compliance with the following provisions:

(i)  Unless such vehicle is licensed as a taxicab by the municipality;

(ii)  Each passenger shall be required to have their own seat belt; and

(iii) The use of child safety seat shall be used in accordance with the highway traffic act, r.s.o. 1990, c. H.8.

Insurance

20.13   Prior to the issuance of a taxicab owner’s license, each taxicab owner shall file, with the license inspector, proof of insurance in respect of each vehicle owned or leased by the taxicab owner in accordance with the following minimum requirements:

(a)     Endorsed to provide for a taxicab, coverage for public death, bodily injuries and property damage for damage occasioned by any accident arising out of the operation of the vehicle; and

(b)     Endorsed to provide no-fault benefits set out in the no- fault benefits schedule under the insurance act of Ontario.

20.14  When a licensed owner ceases to have a current and valid Ontario standard automobile insurance policy in good standing and properly endorsed in accordance with the provisions of

Section 20.1 (a)(ii) of this by-law, the licence shall be deemed to be suspended and the license may be reinstated when written proof of insurance in accordance with the provisions of section 20.13 is delivered to the licensing director.

20.15    When the licensed taxicab owner has his/her license suspended under section 20.13, he/she shall forthwith remove the taxicab owner’s plate and return the taxicab owner’s plate and the license to the licensing director.

20.16    All insurance renewal policies or certificates of insurance shall be filed with the licensing office ten (10) days prior to the expiry date of the current insurance policy.

Vehicle Standards

20.17    An applicant for a taxicab owner and an accessible taxicab owner’s license under this by-law shall, before using the vehicle in accordance with this by-law:

(a)        Attend at the licensing office and produce a copy of the current passenger motor vehicle permit in good standing, issued by the province of Ontario, in the applicant’s name, a copy of the current Ontario standard automobile insurance policy to show the taxicab owner’s license.

(b)        Allow the vehicle to be inspected by the licensing director.

(c)         Produce and file with the licensing director, either:

(i)         An Ontario ministry of transportation vehicle inspection report, showing that the vehicle has been accepted, within the previous thirty (30) days; or

(ii)         A safety standard certificate, issued under the highway traffic act within thirty (30) days.

(d)         File with the licensing director, all documents relating to the vehicle including documentation relating to ownership, or vehicle operation.

(e)         Provide all vehicles with same distinctive color schemes as approved by the licensing director and such vehicles shall not be similar in appearance to emergency service vehicles.

(f)          Ensure that the vehicle to be registered has:

(i)           A roof light.

(ii)          A taxicab meter.

(iii)          All identifying decals or markings.

(iv)          Fender numbers.

(v)           Tint free windows.

(vi)          All other items, which make the vehicle appear to the public to be a taxicab.

(g)          In addition to the requirements of a taxicab owner, an accessible taxicab owner shall:

(i)            Ensure the motor vehicle is approved as an accessible motor vehicle as per highway traffic act,

R.s.o. 1990, c. H.8. And provide written proof of same to the license inspector; and

(ii)            Affix to the owner’s plate displaying the international symbol of disabled persons on the rear of the motor vehicle.

Interior and Exterior Condition of Taxicab  Vehicles

20.18    Every taxicab or accessible taxicab vehicle owner and taxicab driver shall:

(a)    Maintain the interior and exterior of the taxicab and accessible taxicab vehicle in a clean and tidy condition, including but not limited to, maintaining the interior:

(i)     Free from all dust, dirt, grease, oil, adhesive resin and any other item that can be transferred on to the person, clothing or possessions of a passenger;

(ii)    Free of all waste paper, cans, garbage or any other item not intrinsic to the operation of the motor vehicle;

(iii)   Free of noxious substances;

(iv)   Free of excess wear including tears and cigarette burns in the upholstery;

(v)    In a dry condition;

(vi)    In good repair;

(vii)   With working seat belts;

(viii)  With side windows designed to open and close;

(ix)    With every seat securely mounted maintaining its position and adjustment;

(x)     With a working dome light;

(xi)    With operable air-conditioning and heating;

(xii)   With side windows which are intended to open in good working order.

(b)     And maintaining the exterior:

(i)      Free from all dust, dirt, grease, oil, adhesive resin and any other item that can be transferred on the person, clothing or possessions of a passenger, except water or snow;

(ii)      In good repair;

(iii)     Free from exterior body damage;

(iv)     With no missing or removed fender, grill or molding;

(v)      With securely closing doors and trunk lid;

(vi)     With all handles and catches in good repair;

(vii)     Paint or finish; and

(viii)    With four (4) matching hubcaps.

Taxicab Vehicle Age Limitation:

20.19    No licensed taxicab or accessible taxicab shall replace a motor vehicle used as a taxicab or accessible taxicab with a replacement motor vehicle that is more than nine (9) years old.

20.20    Despite section 20.19, no licensed taxicab or accessible taxicab shall replace the motor vehicle used as a taxicab with a replacement motor vehicle that is a natural gas powered vehicle.

20.21    Vehicles more than nine (9) years old may be used as a taxicab or as an accessible taxicab provided that:

(a)       The licensing director, after inspecting the vehicle, is satisfied that the vehicle’s interior is neat, clean, dry and in good repair; and, on its exterior, clean and in good repair, free from exterior body damage and has a well maintained paint finish;

(b)       The vehicle has been submitted for a safety inspection by a qualified and licensed automobile mechanic and a valid mechanical fitness certificate as prescribed by the highway traffic act of ontario, has been submitted to the licensing director; and

(c)       The prescribed fee under the current fee by-law for extension of the vehicle model year has been paid to the licensing director.

20.22    For the purposes of calculating the age of the vehicle in this section, the current year is not counted.

Safety Features

20.23    (reserved)

Disposal and Vehicle Replacement

20.24    A taxicab owner licensed under this by-law who disposes of his/her vehicle or otherwise ceases to use his/her vehicle for the purposes permitted under this by-law and acquires another vehicle for the purposes permitted under this by-law, before using the new vehicle acquired as a taxicab he/she shall:

(a)       Attend at the licensing office and produce a copy of the current passenger motor vehicle permit in good standing issued by the ministry of transportation in the plate owner’s name, owner’s license, and a copy of the current Ontario standard automobile insurance policy, endorsed to show the vehicle being registered.

(b)       Produce and file with the licensing director, either:

(i)            An Ontario ministry of transportation vehicle inspection report showing that the vehicle has been accepted within the previous thirty (30) day; or

(ii)            A safety standard certificate issued under the highway traffic act, r.s.o. 1990, c. H.8 within thirty (30) days of the application.

(c)       File with the licensing director all documents required to report the change, including documentation relating to ownership, or vehicle operation.

20.25    In addition to the provisions of section 20.24, the vehicle to be used shall be submitted for inspection by the licensing office during normal business hours and shall not be used until the inspection has taken place and the approval has been given.

20.26    Only when the licensed owner meets all the requirements of this by-law, the vehicle shall be deemed to be registered.

20.27    When the licensed taxicab owner disposes of or otherwise ceases to use the registered vehicle as a taxicab, he/she shall immediately remove from the said vehicle being disposed of:

 

(a)       the roof light.

(b)       the taxicab meter.

(c)       all identifying decals or markings.

(d)       fender numbers.

(e)       taxicab plate.

(f)        all other items which make the vehicle appear to the public to be a taxicab.

Conditions Transfer of Licence

20.28    The license issued to a taxicab owner, accessible taxicab owner and taxicab driver under this by-law is not transferable, but subject to any other provisions of this by-law, a taxicab owner, accessible taxicab owner and taxicab driver may sell his/her vehicle and its equipment to any person and upon such sale the taxicab owner, accessible taxicab owner and taxicab driver owner’s license issued in respect of such vehicle shall be terminated.

20.29    On the purchase of a vehicle from a holder of an existing taxicab owner’s license, the purchaser may apply as an original applicant for a taxicab owner’s license and to be considered, must meet all the requirements of this by-law for a taxicab owner’s license.

20.30    When controlling interest in any limited company holding a license under this by-law is being sold, the purchaser of the shares shall apply for the consent of licensing director to obtain such licenses.

Right of Inspection of Premises or vehicles

20.31    Every taxicab owner licensed under this by-law shall allow his/her vehicle(s) to be inspected by the licensing director for one (1) mandatory inspection per year and shall provide at his/her own expense either:

(a)       An Ontario ministry of transportation vehicle inspection report, showing that the vehicle has been accepted within the past thirty (30) days; or

(b)       A safety standard certificate issued under the highway traffic act, r.s.o. 1990, c. H.8 within thirty (30) days of inspection date.

20.32    The licensing director may, at any time, require a taxicab owner or taxicab driver to surrender his/her vehicle for inspection at an appointed place.

20.33    Every taxicab and accessible taxicab shall be inspected by the licensing director before any license is granted and no taxicab or accessible taxicab owner or taxicab driver shall refuse or neglect to surrender such taxicab or accessible taxicab for inspection when required, or prevent or hinder the said licensing director from inspecting and/or testing the said taxicab, or entering any garage or other building for such purpose.

20.34    Every taxicab and accessible taxicab plate owner shall surrender the taxicab and accessible taxicab vehicle to random inspections at any time specified by the licensing director.

20.35    If the licensing director believes that a taxicab or accessible taxicab vehicle or its equipment is mechanically defective, the taxicab or accessible taxicab plate owner or taxicab driver shall be given written notice requiring such taxicab and accessible taxicab plate owner or taxicab driver to submit the taxicab or accessible taxicab vehicle for examination by a certified mechanic duly licensed by the province of Ontario  within twenty-four (24) hours.

Part 21       Brokers

21.1    Every applicant for a broker license shall:

(a)       Attend the licensing office in person and complete a written application for such a license:

(i)         If a corporation, file copies of the letters of incorporation or other incorporating documents, duly certified by the proper government official or department, together with an annual return which contains a list of all shareholders of the corporation; or

(ii)        If a partnership, provide the names and addresses of each member of the partnership as well as the name under which the partnership intends to carry on business.

(b)       Provide proof that:

(i)            The premises from which the broker’s business will operate are within the geographical boundaries of the city, are appropriately zoned and will continue to be located and zoned throughout the term of the license or at a location approved by council resolution;

(ii)            There is a system for receiving orders and dispatching taxicab and/or accessible taxicab vehicles licensed under this by-law in the fleet and that the system will not interfere with any other broker.

(c)       Pay all the fees prescribed under the current fee by-law.

Taxicab Broker Duties:

21.2    Every licensed taxicab broker shall:

(a)      Maintain an office within the municipality, from which the taxicab brokerage is operated, or a location approved by the city.

(b)      Provide the licensing director with a list, showing in numerical order by taxicab owner’s plate number, the name of every taxicab driver operating any taxicab with which he has entered into any arrangement for the provision of taxicab brokerage services.

(c)      Notify the licensing director, in writing, within ten (10) days of any additions or deletions from the list provided under section 21.2 (b) above.

(d)      Keep a record of each taxicab dispatched on a trip, the time and date of receipt of the order, and the pick-up location and retain these records for a period of at least six

(6) months.

(e)      Provide the licensing director with a copy of the federal radio license call sign and frequency number, if any.

(f)       Upon request, inform any customer of the anticipated length of time required for a taxicab to arrive at the pick- up location.

(g)      When volume of business is such that service will be delayed to a prospective customer, the broker shall inform the customer of the approximate length of the delay, before accepting the order.

(h)      Dispatch a taxicab to any person requesting service within the municipality, unless the person requesting service has not paid for a previous trip and these facts are verified by the taxicab broker.

(i)       Carry on business only in the name in which he is licensed.

(j)       On instructions of the licensing director, not dispatch calls to any taxicab, if the licensed owner or licensed driver, in the opinion of the licensing director, may have contravened any part of this by-law, which substantially affects the public.

(k)      Upon request, provide to the licensing director a list showing the number of taxicabs available for service to the public on any particular day, including the times when it was last available for service on that day and also including the number of dispatched calls serviced by each such taxicab.

(l)       Employ or use only the services of a taxicab owner or taxicab driver licensed under this by-law.

(m)     Ensure that the taxicab brokerage services are available on a twenty-four (24) hours a day, seven (7) days a week basis for taxicab services within the city of Clarence-Rockland.

(n)       Take reasonable steps to ensure that employees behave civilly and courteously in the performance of their duties; and

(o)        Ensure that a request for accessible taxicab service from or for a person with a disability shall be dispatched on a priority basis to the next available accessible taxicab vehicle located nearest the location of the request for service.

21.3    a license issued to a taxicab broker under this by-law may be cancelled by the licensing director at any time, if the taxicab broker fails to actively operate for a continuous period of sixty

(60) days or an aggregate total time exceeding ninety (90) days in a twelve (12) month period, unless the taxicab broker can show to the satisfaction of the licensing director, just cause for such failure.

Taxicab Broker Prohibitions:

21.4    No licensed taxicab broker shall:

(a)      Accept orders for, or in any way dispatch or direct orders to a taxicab, licensed under this by-law:

(i)       When the activity would be illegal under another municipal taxicab or similar licensing by-law, or provincial statute.

(ii)       Where the fare is less than that permitted under this by-law.

(b)       Accept orders for, or in any way dispatch or direct orders to a taxicab, which is not licensed under this by-law for a pick-up location within the boundaries of the city of clarence-rockland.

(c)        Require any taxicab driver to accept any order necessitating the expenditure of money, by the taxicab driver, on behalf of the customer.

(d)        Enter into an agreement for the provision of taxicab brokerage services with a taxicab driver or taxicab owner who is already affiliated with another taxicab broker.

(e)        Make any charge or financial demand, directly or indirectly, of a taxicab owner other than brokerage fees.

(f)         Dispatch to any person within the city of clarence- rockland, a taxicab, which is not on the list provided under section 21.2 (b).

(g)        Charge a tariff or enter into an agreement to charge a tariff, which is not in accordance with the appropriate tariff in this by-law.

21.5    Every broker licensed under this by-law shall keep a record:

(a)      Of every car dispatched on a trip, the date and time of dispatch, the specific place of pick-up of such trip and shall retain such record for a period of at least six (6) months and shall, at the request of the licensing director, or any person designated by him/her, allow such records to be inspected by such person;

(b)          Of the name of every taxicab driver driving a taxicab or an accessible taxicab vehicle in respect of which the said broker has any arrangement or agreement for the accepting of calls for service and shall provide any information from this record requested by the licensing director upon twenty-four (24) hours’ notice; and

(c)           Showing the following information and such record shall be open for inspection during office hours by any police officer, the licensing director or designate:

(i)            The number of calls for taxicab and accessible taxicab service received;

(ii)           The number of such calls which are not serviced and the reason thereof.

Part 22  Tariffs and Exemptions from Tariffs

22.1    the following regular tariffs shall apply to taxicabs operating in the City of Clarence-Rockland.

Taxicab Tariff Schedule

(a)

flag drop

$3.50

 

each additional ninety (90) meters or part thereof

$0.15

 

each kilometer

n/a

 

waiting time while under engagement for each twenty-three (23) seconds

$0.15

(b)

fee for use of debit

Up to $1.50

(c)       A seniors citizens tariff fare discount

A senior citizen tariff fare discount of ten per cent (10%) shall be given to senior citizens upon producing identification issued by the federal or provincial governments confirming the individual to be sixty (60) years of age or older.

(i)            The ten per cent (10%) discount shall apply to the total fare.

(ii)           The discount in fare shall be calculated on the nearest full dollar registered on the fare meter.

(iii)          Such discount shall be noted in all advertising, i.e., yellow pages, etc.

Flat Rate

22.2    The regular tariff rates referred to in this by-law, shall not apply to taxicabs being used for the transportation of children to and from school, or to taxicabs operating under contract to any business, organization or government agency for the transportation of handicapped persons.

22.3    When a taxicab driver picks up a passenger within the municipality with a destination outside the municipality, the driver and the passenger may agree on a flat rate before the commencement of the trip.

Taxicab Meter Road Test

22.4    When the licensing inspector is not available to road test the taxicab as required under section 20.6, the licensed taxicab owner or the licensed taxicab driver who has had the taxicab meter altered, repaired or replaced in the taxicab, may operate the taxicab on a weekend for a period of up to seventy-two (72) hours and during the week for a period of up to forty-eight (48) hours, provided that the licensed taxicab driver has in his/her possession a certificate or receipt for the repair or installation of the taxicab meter, signed by the person who made the repairs or installations and the receipt sets out the date, time and nature of the repairs or installations.

Part 23  Vehicle out of Service

23.1    Every taxicab or accessible taxicab owner shall be required to notify the licensing director, in writing, of the particulars of any taxicab or accessible taxicab vehicle which has been taken out of service for longer than three (3) days and the date thereof, within three (3) days of such event.

23.2    A taxicab or accessible taxicab vehicle shall not be taken out of service for more than fifteen (15) consecutive days, nor an aggregate total time exceeding thirty (30) days in a calendar year without the prior written consent of the licensing director,

Failing which, the taxicab or accessible taxicab vehicle plate relating to that specific vehicle may be revoked, in the sole discretion of the licensing director.

23.3    Every taxicab or accessible taxicab vehicle owner may apply for permission to maintain a substitute taxicab or accessible taxicab vehicle to temporarily replace vehicles, which are seriously damaged or damaged beyond repair, during the period of repair or replacement and subject to the following conditions:

(a)           The substitute vehicle must meet all the requirements of this by-law and shall be required to be inspected for safety and cleanliness by the licensing office;

(b)          There shall be no fee for the temporary transfer of licenses to substitute vehicles;

(c)           The taxicab or accessible taxicab vehicle plate holder shall be required to advise the licensing director in writing by letter or facsimile transmission that the substitute vehicle has been brought into service and the taxicab or accessible taxicab vehicle plate has been affixed to the substitute vehicle, and shall advise when the originally licensed vehicle has returned to service; and,

(d)          No temporary transfer of a license to a vehicle shall be permitted for a period exceeding six (6) months.

Part 24     Issuance of New Plates Limitation of Taxicab Owner Licenses

24.1    A ratio based on the population growth of the city is used to determine the number of taxicab and accessible license plates to be issued. The ratio is 1:1750 and the total number of licenses will be reviewed every five (5) years. For the purposes of this section, the number of residents of the city shall be as determined by the latest revised population figures available from statistics canada (five-year actuals).

24.2    The total number of taxicab owner licenses and owner plates (taxicab and accessible) issued at any given time shall not exceed the number established by the ratio; but the number of taxicab owner licenses and owner plates may be less at the discretion of council.

24.3    The licensing director may annually issue new accessible taxicab owner licenses and owner plates within three (3) months of the estimated annual population statistics from statistics canada if warranted, subject to direction of council.

24.4    Every five (5) years, based on the population figures from statistics canada, the licensing director will issue new owner plates in accordance with the ratio noted in section 24.1, with the allocation between accessible taxicabs and taxicabs at the sole discretion of council.

Eligibility for New Plates

24.5    The city will issue all new accessible and taxicab owner plates through a request for proposal process established by the city and will require all applicants to produce a copy of their business plan.

24.6    In order to qualify, the applicant must meet the following eligibility requirements:

(a)           An applicant must be a taxicab driver in the city of Clarence-Rockland for at least two (2) years prior to the date of filing the application, and must provide documentary evidence showing employment as a driver in the city of Clarence-Rockland taxicab industry, or

(b)          An applicant must have been an owner or broker licensed under this by-law for a minimum of two (2) years.

(c)           The applicant must not currently have any taxicab owner’s license plates that are not in use.

24.7    The business plan must include, but not be limited to, the following requirements:

(a)           How they intend to provide twenty-four (24) hours a day, seven (7) days per week service.

(b)          How the plate owner will be involved in the day to day operation of the company and any other staff positions that will be responsible for the operation.

(c)           Provide details of proposed dispatch, which must be located in Clarence-Rockland.

(d)          A type of vehicle.

(e)           Provide vehicle maintenance plan.

(f)            A colour scheme for the taxicab.

(g)          A contingency plan when a vehicle is out of service.

(h)          Provide a copy of articles of incorporation and/or business registration to be submitted

(i)             A sample copy of the trip sheets to be used in his/her taxicab company.

(j)            Provide a description of who will be involved in the operation of the taxicab company (i.e. Dispatcher, director), if applicable.

(k)           If the new taxicab company has an agreement with a current taxicab company, a copy of that agreement must be submitted.

(l)             Indication of the minimum number of plates required to operate a viable business that is in compliance with all city by-law requirements.

(m)        How driver training will be provided.

24.8    All business plans will be evaluated based on the criteria outlined in the request for proposals as identified in section 24.7 of this by-law. Following the evaluation of the business plans submitted, and provided all other requirements of this by-law have been met, the licensing director may issue plates in accordance with the by-law.

Part 25 Exemptions

25.1 The city is exempt from the provisions of this by-law.

Part 26 Penalties

26.1    Any person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, R.S.O. 1990, chapter p.33., as amended.

(a)           In addition to the penalty provided in section 26.1, an owner and/or driver, on a second offence conviction, shall have his/her license suspended for a period of two (2) years, without holding a hearing under section 11.1.

26.2    Every person who contravenes any provision of this by-law and every director or officer of a corporation who knowingly concurs in such contravention by the corporation is guilty of an offence and upon conviction, is liable to a fine not exceeding twenty-five thousand dollars ($25,000).

(a)           Where a corporation is convicted of an offence under section 26.1, the corporation is liable to a fine not exceeding fifty thousand dollars ($50,000) and not as provided therein.

Part 27 Severability

27.1    If a court of competent jurisdiction declares any section or part of this by-law invalid, it is the intention of council that the remainder of the by-law shall continue in force.

27.2    All schedules and parts referred to in this by-law and attached to this by-law, including the current fee by-law, shall be deemed to be part of the by-law.

Part 28 Interpretation

28.1    This by-law is known as “the taxicab by-law”.

28.2    The provisions of the interpretation act, r.s.o. 1990, c. I. 11, shall apply to this by-law as required.

28.3    If what is known as “daylight savings time” has been generally adopted by the city for any period of the year under any statute, order-in-council, by-law, resolution, proclamations, whether the same is effective in law or not, such time shall be held to be the time referred to during such period in any reference to time in this by-law.

28.4    In this by-law, unless the context otherwise requires, words importing the singular number shall include the plural, and words importing the masculine gender shall include the feminine.

Part 29  Repeal and Transition Provisions

29.1    That this by-law come into full force and effect on the 19th day of September, 2016.

29.2    The City of Clarence-Rockland By-law Number 2004-02 and all amendments thereto are hereby repealed.

29.3    Notwithstanding section 29.1, any license issued under by-law no. 2004-02 shall be deemed to be a license under this by-law until the license expires and is renewed under this by-law or is revoked in accordance with the provisions of this by-law.

Read and passed in open council on this 6th day of    September, 2016.

Guy Desjardins, Mayor

Monique Ouellet, Clerk

 Temporary structures (Tempo) 2017-133 *

Being a by-law to regulate the erection of temporary structures, commonly known as “tempo garages”

Whereas council is empowered under section 128 of the Municipal Act, 2001, 5.0. 2001, c.25, as amended, to pass by-laws to prohibit and regulate public nuisances, including matters that, in the opinion of council, are, or could become or cause public nuisances; and

Whereas the council does believe the proliferation of temporary storage structures made of plastic and metal or similar materials to be a detriment to the streetscapes and a visual nuisance; and

Notwithstanding the functional nature of these structures, the council of the Corporation of the City of Clarence-Rockland does believe a level of control should be placed on the installation of these structures in order to achieve a balance between function and the impact on the visual nature of the municipality.

Therefore the council of the Corporation of the City of Clarence-Rockland does enact as follows that:

1.0       Definitions:

In this by-law:

a)   “City” means the Corporation of the City of Clarence-Rockland.

b)   “Council” means the Council of the Corporation of the City of Clarence-Rockland

c)    “Chief Building Official” means the agent or employee appointed by the City of Clarence-Rockland to enforce the provisions of the Building Code Act or any other by-law of the city, and includes employees acting under his/her direction.

d)   “Municipal Law Enforcement Officer” means a peace officer for the purpose of enforcing municipal by-law, as set out in the Police Services Act.

e)   “Person” means an individual, a partnership, a body corporate and any association, and the heirs, executors, administrators, successors and assigns or other legal representatives thereof to whom the context means a human being of the male or female gender;

f)    “Temporary Storage Structure” means any manufactured structure kit fabricated of plastic and metal or treated fabric and metal or any structure that is erected for the purpose of providing a tarp type roof cover and, or including side wall panels over goods, materials, motor vehicles or leisure vehicles.

2.0       General Prohibitions

Temporary storage structures as defined under this by-law shall be permitted in a residential zone and the following provisions shall apply:

2.1         No person shall erect a temporary storage structure closer than 1 meter to any front lot line and shall not be located closer than 3.0 meters to any exterior side lot line.

2.2         No person shall erect a temporary storage structure closer than 0.5 meter to any interior side lot line unless the opposite interior side yard is 1.2 meters or more. If the opposite interior side yard is less than 1.2 meters, no person shall erect a temporary storage structure closer than 1.0 meter from the interior side lot line closest to the temporary storage structure.

2.3         Only one (1) temporary storage structure shall be permitted within the front yard or exterior side yard.

2.4         No person shall erect a temporary storage structure on a vacant lot.

2.5         The owner or occupant of an occupied building or the owner of an unoccupied building within the limits of a residential zone may erect no more than (1) temporary storage structure in the rear yard.

2.5.1 section 2.6 and 2.7 of this by-law shall not apply to section 2.5.

2.6         No person shall erect a temporary storage structure prior to October 15 of any given year. 

2.7         No person shall fail to dismantle and remove a temporary storage before April 30th, of every year.    

2.8         No person shall erect or maintain a temporary storage structure in a manner deemed unsafe or create hazard conditions.

2.9         No person shall keep a temporary storage structure or any part of it in such condition as to be damage or dilapidated or out of character with the neighboring properties.

3.0       Exceptions

3.1         Exemptions to this by-law may be granted on an individual basis (by resolution of council), only if such request is made in writing and that council gives consideration to the director of protective services’ report/recommendation.

4.0       Enforcement and Penalties

4.1       The provisions of this by-law shall be administered and enforced by the municipal law enforcement officer.  

4.2       Where any requirement in accordance with this by-law is not carried out, the municipal law enforcement officer or persons designated by the municipal law enforcement officer for the city may, upon such notice as he deems suitable, remove the temporary storage structure or do such thing at the expense of the person required to do it and, in so doing, may charge an administration fee of 15% of the amount expended by or on behalf of the municipality and such total shall be recovered by action or in like manners as municipal taxes.

4.3       Where any matter or material is removed in accordance with section 4.2, it may be immediately disposed of by the municipal law enforcement officer.

4.4       The removal of structures by the municipality shall not relieve any person from liability for the penalty for breach of any of the provisions herein, or for further compliance with any of the provisions herein contained.

4.5       Every person who contravenes any section of this By-law is guilty of an offence and upon conviction is liable to a fine as set out for in the Provincial Offence Act R.S.O. 1990, Chapter 33 as amended.

4.6       In addition to the imposition of a fine or other remedy, as court of competent jurisdiction may, upon conviction on an offence under this by-law, issue an order prohibiting the continuation or repetition of the violation by the person convicted.

5.0       Severability  

5.1       If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part thereof shall not be construed as having persuaded or influenced council to pass the remainder of this by-law and it is hereby declared that the remainder of this by-law shall be valid and shall remain in force.

6.0       Repeal

6.1      That by-laws 2009-138 and 2011-156 are hereby repealed.

7.0       Effect

7.1       This by-law shall come into force and take effect on the day it is duly adopted by the council of the corporation.

Read, done and passed in open council, this 6th day of November 2017.           

Guy Desjardins, Mayor                              

Monique Ouellet, Clerk

 Traffic and Parking - 2020-18

Being a by-law to regulate traffic and parking on the highways, private and municipal properties within the City of Clarence-Rockland.

Whereas section 11. (3) of the Municipal Act, 2001, c. 25, provides that a municipality may pass by-laws for the purpose of regulating and prohibiting traffic and parking upon the highways under its jurisdiction;

Whereas subsection 102.1 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may require a person to pay an administrative penalty if the municipality is satisfied that the person failed to comply with any by-laws respecting the parking, standing or stopping of vehicles;

Whereas the province adopted the “administrative penalties” regulation, o. reg 333/07, pursuant to the Municipal Act, 2001 which applies to administrative penalties in respect of the parking, standing or stopping of vehicles;

And whereas section 63. (1) of the Municipal Act, 2001, c. 25, provides that a municipality may provide for the removal and impounding or restraining and immobilising of vehicles placed, stopped, standing or parked on a highway in contravention of the by-law and subsection 170 (15) of the Highway Traffic Act applies with necessary modifications to the by-law;

And whereas section 100 to 100.1(1) to (5) of the Municipal Act, 2001, Chap. c.25, provides that a local municipality may regulate and prohibit parking on private or municipal property;

And whereas section 102 (a) to (b) of the Municipal Act, 2001, Chap. C.25, provides that a local municipality may require owners or operators of parking lots or other parking facilities to which public has access, to provide designated parking spaces for vehicles displaying a disabled parking permits and shall prescribe conditions of the use of disabled parking permits and prohibit the improper use of such permits;

And whereas council desires to regulate traffic and parking on private and municipal property upon the highways within the municipality of the City of Clarence-Rockland;

And whereas council of the City of Clarence-Rockland deems it expedient to regulate traffic and parking;

Now therefore council of the City of Clarence-Rockland enacts as follows: 

Definitions

1.         in this by-law:

(1) “Accessible parking permit” means,

a)an accessible parking permit issued under the Highway Traffic Act; or

b)a permit, number plate or other number or device issued by another jurisdiction and recognized under the Highway Traffic Act;

(2)“Accessible-passenger vehicle” means a motor vehicle that,  

  1. meets the requirements for an “accessible vehicle” as prescribed in R.R.O. 1990, regulation 629 under the Highway Traffic Act: or
  2. is regularly used for transporting a person with disability;

(3) “Authorized sign” means any sign, or roadway, curb or sidewalk marking, or other device, placed or erected on a highway under the authority of this by-law for the purpose of regulating, warning or guiding traffic of the parking of vehicles;

(4) “Authorized vehicle” means,

  1. a vehicle owned or operated by the corporation provided that the vehicle is performing a service related to the operation of a municipal service;
  2. a vehicle owned or operated by a public utility provided that the vehicle is carrying out its utility service within the corporation, and;
  3. any vehicle that falls within the definition of an emergency vehicle as defined in the Municipal Act;

(5) "Bicycle" includes a tricycle and unicycle but does not include a motor-assisted bicycle or an e-bike.

(6) "Boulevard" means all the parts of the highway save and except any roadway, shoulder or sidewalk.

(7)"Bus stop" means a part of a highway designated as a point at which buses will stop to take on or let off passengers.

(8) "Chief of police" means the chief of police of the police force or authorized representative and includes the officer in charge of any detachment of the Ontario Provincial Police either providing police services to an area municipality by agreement or not;

(9) "Commercial motor vehicle" means a motor vehicle having permanently attached thereto a truck or delivery body and includes an ambulance, a hearse, a casket wagon, a fire apparatus, a bus and a tractor used for hauling purposes on a highway;

(10)"Corner" with reference to a highway intersection means the point of intersection of the prolongation of the lateral curb lines or in the absence of curbs the prolongation of the edges of the roadways;

(11)"Corporation" means the Corporation of the City of Clarence-Rockland;

(12)"Crosswalk" means:

(a) That part of a highway at an intersection that is included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the roadway, or

(b) Any portion of a roadway at an intersection or elsewhere distinctly indicated or pedestrian crossing by signs or by lines or other markings on the surface;

(13) “Cul de sac” means a highway which is closed at one end where a turning circle of a basin is constructed to allow a vehicle to turn around and egress at the open end.

(14) "Curb" means the edge of the travelled portion of the highway and includes a raised curb, a rolled curb or a depressed curb.

(15) “Daytime” means the period of time from 7:00 a.m. to 7:00 p.m. of the same day;

(16) “Designated” means designated by a corporation by-law;

(17) “Driver” means a person who drives a vehicle on a highway;

(18) "Driveway" means a part of a highway improved to provide vehicular access from the roadway to a laneway or a parking area on adjacent land;

(19) “Electric vehicle” includes any vehicle that is partially or entirely propelled by electricity and plugs in to recharge;

(20) “Electric vehicle charging station” means any facility or equipment that is used to charge a battery or any other energy storage device of an electric vehicle;

(21) “Electric vehicle parking space” means a parking space, the use of which is charging a battery or other storage device of an electric vehicle;           

(22) "Engineer" means the engineer designated by council of the Corporation of the City of Clarence-Rockland for the time being or such other person or persons designated by the council of the Corporation of the City of Clarence-Rockland;

(23) "Gross weight" means the combined weight of vehicle and load;

(24) "Heavy truck" or “heavy vehicle” means a commercial motor vehicle as defined in the Highway Traffic Act, as amended or re-enacted from time to time, and includes trucks, tractors, commercial vehicles exceeding a gross weight of 4,500.0 kilograms as licensed by the Ministry of Transportation, a bus and any other passenger motor vehicle with capacity for more than ten passengers, road-building machine or farm vehicle as defined in that Act, and all other types of construction equipment, but excludes a motor vehicle, an ambulance, a fire truck or a school bus.

(25) "Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, any part of which is intended for, or used by, the general public for the passage of vehicles and includes the area between the lateral property lines thereof;

(26) "Highway, one-way" means a highway upon which the movement of vehicular is limited to one direction;

(27) “Holiday" includes New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, the day proclaimed as a Civic holiday by the Corporation, Labour Day, Thanksgiving, Remembrance Day, Christmas Day, Boxing Day and any day appointed by proclamation of the Governor-General or the Lieutenant-Governor and the next following day when such holiday falls on a Saturday or Sunday

(28) “Hinder” means creating difficulties for someone or something, resulting in delay or obstruction.

(29) "Intersection" means the area embraced within the prolongation or connection of the lateral curb lines or, if none, then of the lateral boundary lines of two or more highways which join one another at an angle, whether or not one highway cross the other.

(30) "King's Highway" includes the secondary highways and tertiary roads designated by the province of Ontario under the Public Transportation and Highway Improvement Act, R.S.O. 1990 c. P.50 as amended;

(31) "Laneway" means improved land adjacent to the highway which provides access from the highway to a parking area on adjacent land.

(32) "Loading zone" means the part of a highway, private property or property of the Corporation, set apart for the exclusive purpose of parking a vehicle to load or unload the same.

(33) "Motor assisted bicycle" means a bicycle,

(a) That is fitted with pedals which are operable at all times to propel the bicycle,

(b) That weighs not more than Fifty-five (55) kilograms,

(c) That has no hand or foot operated clutch or gearbox driven by the motor and transferring power to the driven wheel,

(d) That has an attached motor driven by electricity or having a piston displacement of not more than fifty cubic centimetres, and

(e) That does not have sufficient power to enable the bicycle to attain a speed greater than 50 kilometres per hour on level ground within a distance two kilometres from a standing start;

(34) "Motorcycle" means a self-propelled vehicle having a seat or saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter but does not include a motor-assisted bicycle;

(35) "Motor vehicle" includes an automobile, motorcycle, motor-assisted bicycle unless otherwise indicated in the Highway Traffic Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a streetcar, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of the Highway Traffic Act;

(36) “Municipal law enforcement officer” means a peace officer for the purpose of enforcing municipal by-law, as set out in the Police Services Act;

(37) “Official sign” means a sign on the highway approved by the Ministry of Transportation of Ontario; 

(38) “Overnight” means the period from 7:00 p.m. of one day to 7:00 a.m. of the following day;

(39) "Park" or "parking" when prohibited means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers;

(40) “Parking machine” means an electronic or mechanical device, for the purpose of controlling and regulating the parking of any motor vehicle in or on a parking lot;

(41) “Parking space” means that part of the surface of the roadway, private property or property of the corporation for the purpose of vehicle parking;

(42) “Parking space for persons with disabilities” means a parking space designated under this by-law for the exclusive use of a vehicle displaying a permit in accordance with the requirements of the Highway Traffic Act and the regulations made there under and this by-law.

(43) "Peace officer" means a municipal law enforcement officer for the purpose of enforcing this by-Law.

(44) "Pedestrian" means

(a) a person on foot;

(b) a person using an assistive device for his mobility, such as a wheelchair or a walker; or

(c) a child in a carriage, stroller or play vehicle;

(45) "Pedestrian crossover", means any portion of a roadway, designated by this by-law, at an intersection or elsewhere, distinctly indicated for pedestrian crossing by signs on the highway and lines or other markings on the surface of the roadway as prescribed by regulations made under the Highway Traffic Act;

(46) “Person with a disability” means an individual who has been issued and holds a valid accessible parking permit under the Highway Traffic Act;

(47) "Police officer", “constable” or “special constable” means a person so appointed by the Ontario Provincial Police and “constable” includes a municipal by-law enforcement officer appointed pursuant to subsection 15(1) of the Police Services Act, R.S.O. 1990, c. P. 15 as amended;  

(48) "Police service" means the police force of the area municipality and includes any detachment of the Ontario Provincial Police providing police services to the corporation;

(49) "Police vehicle" means a vehicle owned or operated by the police commission of an area municipality, the Ontario Provincial Police or the Royal Canadian Mounted Police;

(50) "Public parking area" means an open area or structure, other than a street, used by the public at the invitation of the owner for the temporary parking of more than four (4) motor vehicles and available for public use whether free, for compensation, or as an accommodation for clients, customer or visitors;

(51) "Public vehicle" means a motor vehicle operated on a highway by, for or on behalf of any person for the transportation for compensation of passengers, or passengers and express freight that might be carried in a passenger vehicle, but does not include taxicabs nor motor vehicles operated solely within the corporate limits of one urban municipality.

(52) "Roadway" means that part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of the roadways collectively.

(53) "Roadway, laned" means a highway which has been divided into separate lanes for vehicular traffic which lanes are indicated by lines or other markings on the surface of the roadway or in any other manner;

(54) “Roundabout” is an intersection with one-way circulation counter-clockwise around a central island where entering traffic must yield the right-of-way to the traffic circulating within the intersection;

(55) "Shoulder" means that part of the highway immediately adjacent to the travelled portion of the roadway and having a surface which has been improved for the use of vehicles with asphalt, concrete or gravel;

(56) "Side, approach" means the side of a part of a highway to which vehicular traffic may lawfully approach;

(57) "Side, leaving" means the side of a part of highway opposite the approach side;

(58) "Sidewalk" means those parts of a highway set aside by the Corporation for the use of pedestrians;

(59) "Stand" or "standing" when prohibited, means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers;

(60) "Stop" or "stopping" when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer, constable or other police officer or of a traffic control sign or signal;

(61) "Traffic" includes pedestrians, animals which are ridden, led or herded, vehicles, and other conveyances either singly or together while using a highway for the purposes of travel;

(62) "Traffic control device" means any sign, signal or other roadway, curb, or sidewalk marking, or any other device erected or placed under the authority of this by-law for the purpose of warning, regulating, guiding or directing traffic;

(63) "Traffic control signal" means any device operated manually, electrically, mechanically or electronically for the regulation or control of traffic;

(64) "Traffic, one-way" means movement by vehicles upon a highway in one direction only;

(65) "Trailer" means a vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of husbandry, a mobile home, another motor vehicle, or any device or apparatus not designed to transport persons or property, temporarily drawn, propelled or moved upon such highway, and except a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn;

(66) "U-turn" means the turning of a vehicle within the highway so as to proceed in the opposite direction to that in which the vehicle was travelling immediately prior to making the turn;

(67) "Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled   or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car;

Interpretation

2. (1) In this by-law:

(a) Words importing the singular number or the masculine gender only, include more persons, parties or things of the same kind than one and females as well as males and the converse;

(b) A word interpreted in the singular number has a corresponding meaning when used in the plural;

(c) "May" shall be construed as permissive;

(d) "Shall" shall be construed as imperative;

(e) “Vehicle”, when used as part of a prohibition of parking or stopping, includes any part thereof; and

(f) “Subsection” when used without reference to another section, refers to a subsection contained in the same section in which the phrase is used.

(2) In the schedules to this by-law, the following abbreviations, definitions and symbols stand for the words respectively set forth opposite thereto as follows:

(a)

  • Ave. -  Avenue
  • Blvd. - Boulevard
  • Ct.- Court
  • Cres. - Crescent
  • Dr. - Drive
  • Hts. - Heights
  • Gdns. - Gardens
  • Hwy. - Highway
  • Pl. - Place
  • Priv. - Private
  • Rd. - Road
  • Sq. - Square
  • St. - Street
  • Terr. - Terrace

(b)                                           

  • Cm - Centimetre
  • M - Metre
  • Km - Kilometre
  • Km/h - Kilometre per hour

(c)                                           

  • N. - North
  • S. - South
  • E. - East
  • W. - West

(3) Where a distance is used in this by-law as part of a prohibition of parking or stopping within a specified distance of an object, structure, land or a part of a highway, such distance shall be measured:

(a) Along the curb or edge of the roadway from a point in such curb or edge of roadway opposite such object, structure, land or part of a highway, unless the context otherwise requires, and

(b) From such point in the curb or edge of roadway in all directions.

(4) The various prohibitions of this by-law are cumulative and not mutually self-exclusive.

(5) It is declared that if any section, subsection or part or parts thereof be declared by any court of law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such.

(6) Where any provisions of this by-law is contravened and a conviction entered, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted.

3. Where any expression of time occurs or where any hour or other period of time is stated, the time referred to shall be standard time, provided however, if what is known as “daylight saving time” has been generally adopted in the City of Clarence-Rockland for any period of the year, under any statute, order-in-council, by-law, resolution, or proclamation, whether the same is effective in law or not, such time shall be the time referred to during such period in any reference to time in this by-law.

Part "a"

Rules of the road

Part i

Erection of Signs, Traffic Control Devices, etc. - Regulations

4. (1) The engineer is hereby authorized and directed to erect, install and maintain official signs, authorized signs, traffic control signals, markings, barricades, traffic control devices and other structures, plants and equipment as are required to give effect to this by-law and as are required to regulate, direct, warn or guide pedestrian and vehicular traffic for the safety and convenience of the public.  Except for emergency situations, any changes to traffic and parking signs within the city of Clarence-Rockland shall be reported to and approved by the municipal council and such changes shall be in compliance with the present by-law and with established procures.

(2) When official signs, authorized signs, traffic control signals, markings, barricades or traffic control devices have been erected, every person shall obey the instruction of or directions on such sign, traffic control signal, marking, barricade, so erected or installed and the sign, traffic control signal, marking, traffic control devices or other structures, plants and equipment are deemed to have been erected pursuant to the section that normally regulates or prohibits the matter. 

(3) All regulations identified through this by-law are in effect at all times, including holidays, except when the effective times and days are specified and identified on official or authorized signs.

Part ii 

Parking and Stopping

5. (1) Subject to subsections 2 and 3, no person shall park or stop any vehicle or permit a                 vehicle or permit a vehicle to remain parked or stopped on any highway except as follows:

(a) Where there is a curb, on the right side of the travelled portion of the highway, having regard to the direction in which the vehicle was travelling, with its right front and rear wheels parallel to and not more than fifteen (15cm) centimetres away from such curb; or

(b) Where there is no curb on the right side of the highway having regard to the direction in which the vehicle was travelling, with the right front and rear wheels parallel to and as near to the right hand limit of the highway as is practicable without stopping over any part of a highway which is landscaped or which is not intended for the use of vehicles.

(2) Subject to subsection 3, where parking is permitted on the left side of a highway designated for one-way traffic, a person may park or stop any vehicle provided the vehicle is parked:

(a) Where there is a raised curb, on the left side of the travelled portion of the highway having regard to the direction in which the vehicle was travelling, with its left front and rear wheels parallel to and not more than fifteen (15 cm) centimetres away from such curb; or

(b) Where there is no curb or a rolled curb, on the left side of the highway having regard to the direction in which the vehicle was travelling, with the left front and rear wheels parallel to and as near to the left hand limit of the highway as is practicable without stopping over any part of a highway as is practicable landscaped or which is not intended for use of vehicles.

(3) Subsections 1 and 2 do not apply where angle parking is permitted under this by-law.

6. (1) Subject to the provisions of subsection (2), no person shall park a heavy truck, trailer  or bus or permit any of them to be parked on any highway within the City of Clarence-Rockland for any continuous period of time exceeding two (2) hours.

(2) Except as provided for in section 33, no person shall park a heavy truck, trailer or  bus or permit any of them to be parked on any park of a highway where no heavy truck signs are erected or are on display on any highway.

7. When official or authorized signs have been erected, no person shall park a vehicle or permit a vehicle to remain parked on any highway,

(a) in front of or within eight (8 m) metres of the entrance on which there is a fire hall, on the side of the highway on which the fire hall is located;

(b) within six (6 m) metres of an intersection;

(c) within eight (8 m) metres of an intersection controlled by a traffic control signal;

(d) in front of or within one and one half (1.5) meters of the main entrance to, or any emergency exit from any hotel, hospital, nursing home, theatre, auditorium or other building or enclosed space in which persons may be expected to congregate in large numbers;

(e) within ten (10m) metres of the approach side of a crosswalk that is controlled by a traffic control signal and not located at an intersection;

(f) within eight (8m) metres of the leaving side of a crosswalk that is controlled by a traffic control signal and not located at an intersection;

(g) so as to interfere with the formation of a funeral procession.

(h) within a reserved taxicab parking zone;                                                        

(i)  within a reserved loading zone and,

(j)  where temporary “no parking” signs are erected, placed or posted along any highway or part of a highway by the engineer, a municipal law enforcement officer, a constable or an employee of the corporation.

8. No person shall park a vehicle or permit a vehicle to remain parked on any highway:

(a) within six (6 m) metres of an intersection;

(b) within three (3 m) metres of a point on the curb or edge of roadway opposite a fire hydrant;

(c)  in front of or within one and one-half (1.5 m) metres of a laneway or driveway;

(d) so as to obstruct a vehicle in the use of any laneway or driveway;

(e) in such a position that will prevent the convenient removal of any other vehicle previously parked or standing;

(f) for the purpose of displaying the vehicle for sale;

(g) if the vehicle is unlicensed;

(h) for the purpose of greasing, or repairing the vehicle except where such repairs have been necessitated by an emergency;

(i) for the purpose of stripping or partially stripping the vehicle except where such stripping has been necessitated by an emergency;

(j) on a driveway within one half (0.5 m) metre of a sidewalk or if there is no sidewalk within one and one half (1.5 m) metres of the roadway;

(k) on any sidewalk or in such a manner as to obstruct any sidewalk and,

(l) so as to obstruct vehicular traffic.

(m) within six (6m) metres of a traffic control device.

(n) facing the wrong direction or facing oncoming traffic.

(o) within the turning basin of a cul-de-sac, unless the motor vehicle is parked parallel to and not more than 15cm from the curb. nothing in this section shall deem to permit parking in or around the centre of the turning basin of a cul-de-sac, whether the centre portion is curbed or not.

9. Except as permitted elsewhere in this by-law and where official or authorized signs have been erected, no person shall park a vehicle or permit a vehicle to remain parked on any highway except as provided in the subsection below:

(a) parking is allowed on both side of highways having a minimum width of ten (10m) meters;

(b) parking is allowed on one side of highways having a minimum width of eight (8m) meters;

(c) where official or authorized signs have been erected, parking is allowed on one side of highways having a minimum width of six (6m) meters and traffic volumes below 500 vehicles per day.

10. No person shall park a vehicle or permit a vehicle to remain parked on any highway so as to interfere in any manner with the work of,

(a) removing snow;

(b) removing ice;

(c) clearing of snow; or

(d) cleaning operations, including sweeping.

11. No person shall park a vehicle or permit a vehicle to remain parked on any highway contrary to official or authorized signs.

12. (1) The parts of the highway that are within fifteen (15 m) metres of the approach side of a school crosswalk designated by markings and authorized school crosswalk signs; and that are within ten (10 m) metres of the leaving side of a school crosswalk designated by markings and authorized school crosswalk signs, are hereby established as a school crosswalk zone.

(2) No person shall stop a vehicle or permit a vehicle to remain stopped on any highway:

(a) on or partly on or over a sidewalk;

(b) within an intersection or crosswalk;

(c) on or partly on grass;

(d) on or partly on a bicycle lane or pathway;

(e) between the hours of 7:00 a.m. and 7:00 p.m. within a school crosswalk zone;

(f) adjacent to or across from any excavation or obstruction in the roadway when the free flow of traffic would thereby be impeded;

(g) on the roadway side of any stopped or parked vehicle;

(h) upon any bridge or elevated structure or within thirty (30 m) metres of either end of any such structure except where parking in these locations is otherwise permitted by this by-law;

13. (1) The parts of the highway that are within fifteen (15 m) metres of the approach side of a pedestrian crossover and that are within ten (10 m) metres of the leaving side of a pedestrian crossover, are hereby established as a pedestrian crossover zone.

(2) When official or authorized signs have been erected, no person shall stop a vehicle or permit a vehicle to remain stopped on any highway,

(a) within a pedestrian crossover;

(b) within a pedestrian crossover zone;

(c) within the turning basin of a cul de sac;

(d) within thirty (30m) meters of the approach or leaving side of a roundabout;

(e) where temporary “no stopping” signs are erected, placed or posted along any highway or part of a highway by the engineer, a municipal law enforcement officer, a constable or an employee of the corporation.

14. (1) No person shall stop a vehicle or permit a vehicle to remain stopped on any highway at the side and within the limits contrary to official or authorized signs.

(2) The provisions of sections 13(2) and 14(1) of this by-law relating to stopping do not apply to prevent the stopping of a taxi cab, provided:

(a) it is operated under a valid taxi licence, and

(b) it is stopped only while actively engaged in the process of receiving or discharging passengers, including the processing of fare payment.

(3) The provisions of section 13(2) and 14(1) of this by-law relating to stopping do not apply to prevent the stopping of a motor vehicle for the purpose of and while actually engaged in receiving or discharging a person with disability provided that such motor vehicle has a valid accessible parking permit displayed upon its dashboard or on the sun visor in accordance with the provisions of the Highway Traffic Act.

15. The provisions of this by-law relating to parking, standing and stopping do not apply to prevent the parking, standing or stopping of passenger motor vehicles forming part of any funeral cortege, provided that all such vehicles are parked or stopped on only one side of a highway at one time.

16. (1) No person shall park or permit a vehicle to remain parked on a highway contrary to the permitted maximum duration during the times and days identified on official or authorized signs.  

(2) No person shall park a vehicle or permit a vehicle to remain parked on a highway within one (1) hour from the time of its removal from part of highway referred to in subsection 1 within three hundred (300 m) metres of such part of highway.

17. (1) No person shall park a vehicle or permit a vehicle to remain parked on a highway at any time between 1:00 a.m. and 7:00 a.m. from November 15th to April 1st.

(2) On or after the 1st day of march in any year, the roads superintendent may, by his order,

(a) suspend the operation of subsection (1), provided that in his opinion, the fall or accumulation of snow, ice or snow and ice removal functions, regular highway maintenance or the proper use and movement of vehicles on the highway; or

(b) reinstate the operation of subsection (1).

18. (1) Where an angle parking space is designated by lines or other markings on the roadway, or otherwise, no person shall stop, stand or park a vehicle or permit a vehicle to remain parked or standing therein except entirely within the area so designated as a parking space.

(2) Where angle parking is permitted on a highway, no person shall stop, stand or park any vehicle or permit a vehicle to remain parked or standing except at the angle designated by signs or markings on the roadway.

(3) Where angle parking on a highway other than at an angle of 90 degrees to the curb or edge of roadway is permitted, no person shall park a vehicle or permit a vehicle to remain parked on such highway except with the front end of the vehicle at the curb or edge of the roadway.

(4) No person shall park a vehicle or permit a vehicle to remain parked at an angle on a highway contrary to official or authorized signs.

Part iii      

Loading Zones

19.(1) Official or authorized signs designate parts of a highway that are established as loading zones during the time or days identified on the signs. 

(2) When authorized signs have been erected, no person shall park or stop a vehicle or permit a vehicle to remain parked or stopped in a loading zone except for the purpose of, and while actually engaged in, loading thereon or unloading therefrom, passengers, freight or merchandise.

20. (1) Official or authorized signs shall designate the parts of highways that are established as school bus loading zones for use during the days and times identified on the signs.

(2) No person shall park or stop a vehicle other than a school purposes vehicle, or permit a vehicle other than a school purposes vehicle to remain parked or stopped, in a school bus loading zone contrary to official or authorized signs.

21. The provisions of sections 16(1) and 16(2) of this by-law shall not apply to a motor vehicle displaying a valid accessible parking permit on the dashboard or on the sun visor in accordance with the provisions of the Highway Traffic Act provided that said vehicle does not remain parked for a period of time of more than four (4) hours.

Part iv

Driving and Related Rules

22. The driver or operator of a vehicle emerging from a driveway, laneway, lot or building onto a highway shall, upon driving onto a sidewalk or onto the roadway, yield the right-of-way to pedestrians upon such sidewalk or roadway.

23. No person shall drive, operate or park a vehicle or permit a vehicle to remain parked on any highway barricaded and marked by corporation signs showing that its use is prohibited or restricted for a specified time.

24. No person shall coast on a roadway, whether on a sleigh, skateboard, roller skate, in-line skate, cart, children’s wagon or toboggan, by attaching it, them, himself or herself to a vehicle on a highway.

25. (1) No person shall drive or park a vehicle other than a peace officer or fire department vehicle on any highway within ninety (90m) metres of a fire scene, an accident scene, a fire apparatus or fire-fighting equipment, except as directed by a peace officer, police officer or officer of the fire department.

(2) Unless directed by a peace officer, police officer or officer of the fire department, no person shall drive a vehicle over a fire hose on any highway.

26. Notwithstanding any provisions of this by-law to the contrary, a police officer, peace officer or the engineer may, during any emergency or special circumstance, by the erection of appropriate signs or signals, prohibit or regulate the movement of vehicles on any highway or part of a highway and no person shall drive or operate a vehicle in contravention of any such sign or signal.

27. Despite any provisions of this by-law, every person shall promptly obey all signals given by a traffic control signal, traffic control device or an official or authorized sign and all directions given by a police officer, municipal law enforcement officer or firefighter and nothing in this by-law shall affect the powers to regulate traffic held by the Ontario Provincial Police.

28. (1) No person shall drive a vehicle, or ride upon a skateboard, roller blade or roller skate, on a sidewalk except for the purpose of directly crossing the sidewalk.

(2) No person shall drive a vehicle over a raised curb or sidewalk except at a place where there is a ramp, rolled curb or depressed curb.

(3) Subsections (1) and (2) shall not apply to wheelchairs, baby carriages, children’s tricycles, children’s wagons, handcarts used for vending, or bicycles crossing between the roadway and any other cycling path or facility.

(4) Subsection (1) shall not apply to prevent the driving of bicycles on a sidewalk where it is permitted by official or authorized signs.

(5) Despite the provisions of subsection (4), a person driving a bicycle on a sidewalk shall yield the right-of-way to any pedestrian and shall give an audible signal before overtaking and passing such pedestrian.

(6) Nothing in this section shall relieve the pedestrian from the obligation of taking all due care to avoid a collision.

29. No person shall board or alight from any vehicle while such vehicle is in motion.

30. The provisions of section 28 do not apply to municipal vehicles that are engaged in the performance of cleaning, clearing, maintenance, repair, construction or other work on any highway.

31. Parts i, ii and iii and sections 23, 25 and 28 shall not, in the case of an emergency, apply to ambulances, police vehicles, fire apparatuses, municipal law enforcement vehicles or public works vehicles in the performance of their duties.

Part v

No Heavy Truck Route

32. No person shall drive or cause to be driven a heavy truck on a highway or part of a highway where “no heavy truck signs” are erected or are on display on any highway.

33. (1) subject to subsections (2) and (3), section 32 shall not apply to prevent the deviation              from a truck route for the following purposes:

(a) deliveries by a heavy truck to premises not abutting a truck route;

(b) the performance of services requiring a heavy truck at premises not abutting a truck route;

(c) a heavy truck proceeding to or from a garage or other premises not abutting a truck route for the purpose of housing, storing or repairing such heavy truck;

(d) the performance of public works by the corporation or a local board thereof or, 

(e) emergency services.

(2) every such deviation shall be made from the point on a truck route nearest by highway distance to the premises or location of performance of services referred to in subsection (1).

(3) when successive deliveries are to be made in an area bounded by truck routes, after the last delivery, the heavy truck shall be driven to the nearest truck route.

Part vi

Pedestrians

34. Except where traffic control signals are in operation or where traffic is being controlled by a constable, no pedestrian shall cross a highway without yielding the right-of-way to all vehicles upon the roadway, but nothing in this section shall relieve the driver of a vehicle from the obligation of taking all due care to avoid a collision.

35. Except for the purpose of crossing a roadway, where there is a sidewalk that is reasonably passable on one side or on both sides of a roadway, a pedestrian shall use the available sidewalk.

36. No person shall go over or under a pedestrian barrier installed on a sidewalk, or at any other location within a highway.

37.  (1) No person shall play or take part in any game or sport upon a roadway, except while engaged in ball hockey where a free flow of traffic is not impeded.

(2) Where there are sidewalks, no person on or riding in or by means of any children's wagon, toboggan, or similar device shall go upon a roadway, except for the purpose of crossing it, and when so crossing, such person shall have the rights and be subject to the obligations of a pedestrian.

38. No pedestrian shall enter on or cross a roadway contrary to official or authorized signs.

Part vii

Bicycles  

39. (1) A person driving a bicycle upon a roadway shall

(a) Where practicable, drive in the right-hand lane when available for traffic or as close as practicable to the right-hand curb or edge of the roadway.

(b) Exercise due care when passing a parked, stopped or standing vehicle or one proceeding in the same direction.

(2) A person driving a bicycle upon a highway designated for one-way traffic shall:

(a) Where practicable, drive in the right-hand or left-hand lane when available for traffic or as close as practicable to the right-end or left-hand curb or edge of the roadway.

(b) Exercise due care when passing a parked, stopped or standing vehicle or one proceeding in the same direction.

(3) Persons driving bicycles upon a roadway shall do so in single file.

(4) No person driving a bicycle upon a highway shall carry any package, bundle or article which prevents the rider from keeping both hands on the handlebars or interferes with the normal operation of the bicycle.

(5) No person shall place a bicycle upon a highway except in such a manner as to cause the least possible obstruction to pedestrian or vehicular traffic.

(6) No person shall ride or cause to be ridden, or use, a bicycle, motor-assisted bicycle or       animal on any highway or part of a highway contrary to official or authorized signs.

Part viii

Signs

40. No person shall place, maintain or display upon, or visible from, any highway, any sign, signal, marking, device or vegetation which,

(a) Conceals a traffic control device, traffic control signal from view,

(b) Interferes with the effectiveness of a traffic control device or traffic control signal.

(c) Appears to be or is an imitation of or resembles any official or authorized sign, traffic control signal or traffic control device.

41. No person shall move, remove, deface or in any manner interfere with any authorized or official sign, traffic control signal, marking or other traffic control device placed, erected or maintained under this by-law.

42. (1) No person shall drive any vehicle over any marking on the roadway where markers such as pylons are in place to indicate that the marking material has been freshly applied.

(2) No person shall drive any vehicle onto any marker such as pylons placed on the roadway.

Part "b"

Property - Private Property and Property of the Corporation

43. in this part:

(a) "owner", when used in relation to property, means,

(i) the registered owner of the property,

(ii) the registered owner of a condominium unit whose consent shall extend only to the control of the unit of which he is owner and any parking spaces allotted to him by the condominium corporation or reserved for his exclusive use in the declaration or description of the property,

(iii) the spouse of a person described in subparagraph (i) or (ii) hereof,

(iv) where the property is included in description registered under the condominium act, the board of directors of the condominium corporation, or

(v) a person authorized in writing by the property owner as defined in subparagraph (i), (ii) or (iii) or (iv) hereof to act on the owner's behalf for requesting the enforcement of this part of the by-law;

 (b) "occupant" means,

(i) the tenant of the property or part thereof whose consent shall extend only to the control of the land of which he is tenant and any parking spaces allotted to him under his lease or tenancy agreement,

(ii) the spouse of a tenant,

(iii) a person, the City of Clarence-Rockland, or a local board thereof having an interest in the property under an easement or right of way granted to or expropriated by the person, the City of Clarence-Rockland or local board whose consent shall extend only to the part of the property that is subject to the easement or right of way, or

(iv) a person authorized in writing by an occupant as defined in subparagraph (i), (ii) or (iii) hereof to act on the occupant's behalf for requesting the enforcement of this part of the by-law.

44. (1) The driver of a motor vehicle, not being the owner, is liable to any penalty provided under this part of the by-law, and the owner of a motor vehicle is also liable to such a penalty unless at the time the offence was committed the motor vehicle was in the possession of a person other than the owner without the owner’s consent.

(2) Subject to subsection 4, the driver or owner of a motor vehicle parked or left on private property is not liable to any penalty or to have the motor vehicle removed from such property or impounded under this part of the by-law, except upon the written complaint of the owner or occupant of the property given to a constable, a municipal by-law enforcement officer or officer appointed for the carrying out of the provisions of this part of the by-law;

(3) Where an owner or occupant of property affected by this part of the by-law has posted signs stating conditions on which a motor vehicle may be parked or left on the property or prohibiting the parking or leaving of a motor vehicle on the property, a motor vehicle parked or left on the property contrary to such conditions or prohibition shall be deemed to have been parked or left without consent;

(4) If it is alleged in a proceeding that a provision of part "b" of this by-law has been contravened, the oral or written evidence of a police officer, police cadet or municipal by-law enforcement officer is receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein in respect of,

(a) the ownership of occupancy of the property,

(b) the absence of the consent of the owner or occupant, and

(c) whether any person is an owner or an occupant as defined in section 43.

(5) A document offered as evidence under subsection (4) shall be admitted without     notice under the Evidence Act.

45. No person shall park or leave any motor vehicle on private property without the consent of the owner or occupant of the property.

46. Whenever a motor vehicle is parked or left on private property without the express authority of the owner or occupant of such property, a police officer, police cadet, municipal law enforcement officer or an officer appointed for the carrying out of this by-law,  upon the written complaint of the owner or occupant of the property, shall cause the said motor vehicle to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, if any, shall be paid by the owner of the said motor vehicle and such costs and charges shall be a lien upon the said motor vehicle which may be enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, Chapter R.25.

47. The engineer, for the purpose of controlling and regulating parking in or on parking lots and for the purpose of measuring and recording the time during which a motor vehicle has been parked and for the amount of fee to be collected, is hereby authorized to:

(a) erect, maintain and operate parking meters in or on municipal parking lots,

(b) erect, maintain and operate parking machines or station attendances in or on municipal parking lots, and

(c) designate parking spaces in connection therewith. 

48. Where parking meters have been erected, no person shall park any motor vehicle in a parking space or in any municipal parking lots during the hours of operation unless the meter controlling such parking space is used and the fee deposited thereunder in accordance with the rate indicated for the parking space and the meter is set in operation in accordance with the instructions given thereon.

49. (1) municipal parking lots that are equipped with parking machines are designated as pay             and display parking lots.

(2) the corporation may erect and display signs and machines in any pay and display parking lot to require payment for parking for the times of operation.

50. (1) No person shall park a vehicle or permit it to remain parked in a pay and display parking lot unless:

(a) a fee is deposited in the parking machine for the time the vehicle is parked and a receipt is obtained; and

(b) the receipt is placed on the dashboard of the vehicle, face up, and easy to read from outside the vehicle and left there for the duration of the time paid for.

(2) No driver of a vehicle shall allow a vehicle to be parked in a pay and display parking lot for a time of day that is later than the time of day indicated on the receipt.

51. (1) No person shall deposit or cause to be deposited in any parking machine any slug, device or other substitute for a coin of Canada or the United States of America.

(2) No person shall deface, conceal, tamper with, open, break, destroy or impair the                     usefulness of any parking machine.

(3) Nothing in this section shall permit a person to stop or park a vehicle at any location where stopping or parking is otherwise prohibited.

52. No person shall park or leave any motor vehicle on a property of the corporation which parking is by sign designated as an area in which parking is prohibited.

53. No person shall park or leave any motor vehicle on a property of the corporation where an area is by sign designated as reserved, unless the area is reserved for such person or class of persons.

54. No person shall park or leave any motor vehicle on a property of the corporation where parking is by sign regulated by time limits for a longer period of time than that set out on the sign.

55. No person shall park or stop a motor vehicle or permit a motor vehicle to remain parked or stopped on a property of the corporation in an area designated by sign as a loading zone, except for the purpose of and while actually engaged in loading thereon or unloading there from, passengers, freight or merchandise.

56. Where an electric vehicle parking space has been identified on a property of the corporation, no person shall park a motor vehicle or permit a motor vehicle to remain parked that does not conform to the following;

(a) the electric vehicle charging station has been activated for its intended purpose;

(b) any required fee is deposited therein in accordance with the rate displaced on each electric vehicle charging station; and

(c) any other posted electric vehicle parking space restrictions.            

57. Whenever a motor vehicle is parked or left in an unauthorized area on a property of the corporation and is in contravention of any provision of part "b" of this by-law, a police officer, police cadet, municipal law enforcement officer or an officer appointed for the carrying out of the provisions of this by-law, shall upon the written complaint of an authorized employee of the corporation may cause the said motor vehicle to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, if any, shall be paid by the owner of the said motor vehicle and such costs and charges shall be a lien upon the said motor vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, Chapter R. 25 as amended.

Part "c"

Parking for persons with disability

59. Reserved parking spaces for persons with disabilities shall be identified with authorized signs that comply with the signs described under section 11 of Ontario regulation 581 made under the Highway Traffic Act.

60. (1) The public parking area owner and operator shall be jointly responsible for the procurement and installation of the authorized signs referred to in section 59.

(2) The public parking area owner and operator shall be jointly responsible:

(a) for the maintenance of the authorized signs referred to in section 59, and

(b) for ensuring that the shape, symbols and colours of the authorized signs conform to the provisions of section 59.

61. Persons with disabilities shall not be required to pay an amount in excess of the normal fee paid by other users of the same public parking facility.

62. (1) No person shall park or leave a motor vehicle in a public parking area in a parking space reserved persons with disabilities and identified by authorized signs unless a valid accessible parking permit is visibly displayed on its dashboard or on the sun visor in accordance with the provisions of the Highway Traffic Act.

(2) The provisions respecting the placement of a valid accessible parking permit referred to in subsection (1) hereof shall be deemed to be satisfied if a valid accessible parking permit is visibly displayed on the dashboard or on the sun visor of the motor vehicle at the request of a constable, municipal law enforcement officer or a public parking area owner or operator.

(3) No public parking area owner or operator shall authorize any person to park or leave a motor vehicle in a space reserved for persons with disabilities and identified by authorized signs unless,

(a) the driver is a person with a disability or a person conveying a person with a disability; and

(b) a valid accessible parking permit is visibly displayed on the dashboard or on the sun visor of said vehicle in accordance with the provisions of the Highway Traffic Act.

(4) A displayed accessible parking permit shall not be valid when the motor vehicle in or on which it is displayed is not actually being used for the purposes of picking up or transporting a person with a disability.

(5) No person, other than the person to whom it was issued or a person conveying the person to whom it was issued, or a person providing transportation services for a corporation or organization to whom it was issued to provide transportation services primarily to persons with disabilities shall use or display an accessible parking permit issued to a person with a disability.

(6) Notwithstanding the other provisions of this by-law, a municipal law enforcement officer, a constable or an officer appointed for carrying out the provisions of part "c" of this by-law does not require a complaint of the public parking area owner or operator to enforce the provisions of subsection (1) hereof.

(7) The appointment of municipal law enforcement officers to enforce part "c" of this by-law shall be deemed to be sufficient authority to enforce the provisions of subsection (1) hereof.

63. Public parking area owners and operators shall maintain unobstructed access to each parking space for persons with disabilities identified by authorized signs and each space shall be kept free of snow or otherwise maintained to the same standards as all other parking spaces in the same parking facility.

Part “d”

Requests for changes

64. Members of the community may submit requests for changes to infrastructure elements such as authorized or official signs, traffic control signals, markings or other traffic control devices in accordance with the corporation’s established procedures.  

Part “e”

Offences and penalties

65. (1) Any person who contravenes any of the provisions of this by-law is guilty of an offence and is subject to the provisions of the Provincial Offences Act, R.S.O.1990, Chapter P.33, and amendments thereto.

(2) Any person who contravenes any of the provisions of this by-law is guilty of an offence and is subject to the provisions of the Municipal Act, S.O. 2001, c.25 as amended.   

(3) Any person who is issued a parking infraction notice for alleged violation of section 62(1) hereof because a valid accessible parking permit was not displayed and who within thirty (30) days (exclusive of Saturdays, Sundays and public holidays) from the date of issue of the parking infraction notice obtains a valid accessible parking  permit, upon presentation of the said notice and the said permit at the office of the issuer of the said notice, shall not be required to pay the penalty for the alleged violation of the provisions of the said notice.

66. In addition to any other penalties provided by this by-law, upon discovery of any vehicle parked, stopped or standing on any highway in contravention of the provisions of this by-law, a police officer, police cadet, municipal law enforcement officer or an officer appointed for the carrying out of the provisions of this by-law,  may cause such vehicle to be moved or taken to and placed or stored in a suitable place and all costs and charges for the removing, care and storage thereof, if any, are a lien upon the vehicle being released and may be enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, Chapter R.25 as amended.

67. (1) The owner of a vehicle that is parked, stopped or left standing in contravention of this by-law is guilty of an offence unless the owner proves to the satisfaction of the court that at the time of the offence, the vehicle was in the possession of another person without the owner's consent, express or implied.

(2) The owner of a vehicle shall incur the penalties provided for any contravention of this by-law unless, at the time of the contravention, the vehicle was in the possession of some person other than the owner or his chauffeur without the owner's consent and the driver or operator of a vehicle not being the owner shall also incur the penalties provided for any such contravention.

Part ix

Administrative Penalties

68. All the provisions of this by-law are hereby designated for the purposes of section 3 (1) (b) of the Administrative Penalty Regulation, O. reg 333/07 as parts of the by-law to which the Corporation’s Penalty by-law applies.

69. Every person who contravenes a designated provision of this by-law shall, when given a penalty notice, in accordance with the corporation’s administrative penalty by-law, be liable to pay to the corporation an administrative penalty in the amount specified.

70. The Provincial Offences Act, R.S.O. 1990, c.P.33, as amended does not apply to a contravention of a provision in this by-law that is designated as part of this by-law to which the corporation’s administrative penalty by-law applies.          

Part x

Application and Administration

71. (1) This by-law shall be enforced by the police or designate and the municipal law enforcement officers of the corporation.

(2) The police or designate and the municipal law enforcement officers are exempt from complying with the provisions of this by-law while actively engaged in its enforcement on the parts thereof that they have been appointed to enforce when no suitable parking is available.

(3) No person shall obstruct, hinder or interfere with the municipal law enforcement officer in the lawful performance of his/her duties.

72. This by-law applies to all highways under the jurisdiction of the corporation.

73. The provisions of this by-law are subject to the provisions of the Highway Traffic Act as amended.

74. By-law number 1998-85 and 2007-01 are hereby repealed on the day that by-law 2019- comes into force. 

75. This by-law shall come into force and take effect on june 1st, 2020.

read, done and passed in open council this 2nd day of March, 2020                                                

Guy Desjardins, Mayor                     

Monique Ouellet, Clerk

 Tree cutting - 2018-98

A by-law to prohibit or regulate the destruction or damage of trees located in the front yard of a built property or on any part of a vacant property, on significant woodland and for subdivision agreement.

Whereas the Municipal Act, 2001, S.O. 2001, c. 25, s. 135, allows that by-laws be passed by the council of local municipalities in order to prohibit or regulate the destruction or damage of trees; and

Whereas the Corporation of the United Counties of Prescott and Russell passed by-law 2018-08 delegating its power to pass a by-law respecting the destruction or injuring of trees in woodlands to the City of Clarence-Rockland; and

Whereas it is considered desirable to regulate the destruction or damage of trees on the territory of Clarence-Rockland.

Now therefore the council of the City of Clarence-Rockland enacts as follows:

1.         Short Title     

This by-law may be cited as the tree cutting by-law.

2.         Scope

a) The provisions of this by-law shall prohibit the destruction or damage of trees located in the front yard of a built property or on any part of a vacant property along:

i) Laurier Street (annex A)

ii) Landry Road, Labonté Road or Champlain Road within the limits of the community policy area of Clarence creek (Annex B)

iii) St-Pascal Road or Du Lac Road within the limits of the community policy area of St-Pascal (Annex C)

iv) Laval Road or Champlain Road within the limits of the community policy area of Bourget (Annex D)

v)  Lacroix Road, Gagné Road or Gendron Road within the limits of the community policy area of Hammond (Annex E)

vi) Indian Creek Road, Drouin Road or Russell Road within the limits of the community policy area of Cheney (Annex F).

b) The provision of this by-law shall regulate the clear cutting within the limits of:

i) The significant woodland designation of the official plan of the United Counties of Prescott and Russell.

c) The provisions of this by-law shall preserve trees on site subject to:

i) a subdivision approval (see clause 9).

ii) an existing subdivision (regulated by the applicable subdivision agreement).

3.         Definitions:

In this by-law:

“Building” means any structure used or intended for sheltering any uses or occupancy;

“Built Property” means a part of land on which there is a building;

“By-law Enforcement Officer” means a person duly authorized to carry out the enforcement of this by-law;

“Circumference” means the measurement of the perimeter of the stem or of the tree with such measurement including the bark of the stem;

“City” means the City of Clarence-Rockland;

 “Clear-cutting” means the harvesting of all merchantable trees from area of forested land representing the lesser of 4,047 square meters (1 acre) or 20% of the total area of the lot, within a 3 years period.

“Council” means the council of the city;

“DBH”  means the diameter of the stem of a tree measured at a point that is 1.3 meter above the ground (diameter breast height);

“Dead” deprived of life; - opposed to alive and living; reduced to that state of a being in which the organs of motion and life have irrevocably ceased to perform their functions as a dead tree;

“Destroy” means any action which causes or results in the irreversible injury or death to a tree;

“Diameter” means the diameter of stem of a tree measured outside the bark at a specified point of measurement;

“Director” means the Director of the Planning department for the City;    

“Emergency work” includes work associated with drain repairs, utility repairs and structural repairs to a building or any other work of an emergency nature;

“Front yard” means the space extending across the full width of a lot between the front line and the nearest part of any main building or structure on the lot;

“Good forestry practice” means the proper implementation of harvest, renewal, and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriments to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape;

And good forestry practices permit the destruction or injuring of trees that:

  • Have been damaged by disease, insects, wind, ice, fire, lighting, or other natural causes to an extent that the health of such trees is likely to further deteriorate;
  • Should be cut or removed to prevent disease or insects from spreading to other trees;
  • Are cut in accordance with the provincial silvicultural guidelines as referred to in the forest operations and silviculture manual and its revisions prepared under the authority of the Crown Forest Sustainabi