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HomeMy WebLinkAbout2009-124THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY LAW 2009-124 Being a By-Law to Regulate and Licence Persons and Businesses that Carry on the Business of Leasing or Renting Mobile Signs Within The Municipality of Clarington WHEREAS the Municipal Act, 2001, S.O. 2001, c.25 provides that the Council of a local Municipality may, by By-law, licence, regulate and govern any business carried on within the Municipality and may revoke such licence; AND WHEREAS the Municipality of Clarington deems it advisable to exercise its powers over the business of leasing or renting mobile signs for the purpose of safety, nuisance control and consumer protection by establishing procedures and regulations to ensure the mobile signs leased or rented are of an approved type and that they do not create a potential nuisance for those in the Municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: DEFINITIONS In this By law: "APPLICANT" shall mean a person applying for a licence under this By-law; "CERTIFICATE OF LICENCE" shall mean a document issued by the Municipal Clerk and bearing the seal of the Corporation of the Municipality of Clarington which identifies the name of the holder of the licence, description of the business being licenced and, where applicable, the location of operation; "COUNCIL" shall mean the Council of the Corporation of the Municipality of Clarington "LICENSEE" shall mean any person holding a current, valid licence to carry on or engage in the business, trade or occupation of leasing or renting mobile signs; "MOBILE SIGN" shall mean a temporary sign which is not permanently affixed to the ground or to any structure, and typically designed for the rearrangement of copy on the sign face, and which is capable of being readily moved from one location to another, and may be part of or attached to a wheeled trailer or frame without wheels in such a manner so as to be able to be moved from place to place. "MUNICIPALITY "shall mean the Corporation of the Municipality of Clarington. "OWNER" shall mean the registered owner of the premises upon which any sign or sign structure is located, or any person described on a sign or whose name or address or telephone number appears on the sign, or who has installed the sign, or who is in lawful control of the sign, or who benefits from the message on the sign, and for the purposes of this By-law there may be more than one owner of a sign. "PERSON" shall mean, but is not limited to an individual, sole proprietorship, partnership, association, or corporation or other entity to which the context can apply according to the law. 2.0 LICENCING REQUIREMENTS 2.1 No person shall carry on or engage in the business, trade or occupation of leasing or renting mobile signs without holding a valid licence to do so issued pursuant to the provisions of this By-law. 2.2 For the purposes of this By-law, a person who carries on or engages in the business, trade or occupation of leasing or renting mobile signs from a location outside the Municipality shall be deemed to be carrying on business in the Municipality if the person leases or rents mobile signs that are erected, located or displayed in the Municipality. 2.3 No person shall rent or lease a mobile sign to be located in the Municipality from a company that is not licenced pursuant to the provisions of this By-law. 2.4 Every person who carries on or engages in the business trade or occupation of leasing or renting mobile signs shall ensure that all required permits are obtained prior to the placement of a mobile sign and that its placement is in accordance with any permit issued. 2.5 Every person issued a licence under this By-law shall, upon request of a Police Officer or Municipal Law Enforcement Officer, produce the Certificate of Licence for inspection. 2.6 Once issued, the licence shall be specific to the holder thereof and no owner shall transfer a licence to another person except with the written consent of the Municipal Clerk who is required to give consent subject to any instructions of Council to the contrary. There shall be an Administrative Fee of $50.00 charged for any transfer of a Certificate of Licence prior to the expiry date. 3.0 LICENCE APPLICATIONS 3.1 An application for a licence or a renewal thereof shall be duly completed on the forms provided by the Municipality. 3.2 If the applicant is a corporation, a certified copy of the incorporating document showing the names and addresses of all Directors, Officers and Shareholders shall be included in the application. 3.3 In the event that the names or addresses of the Directors, Officers and Shareholders listed in the incorporating document change, it shall be the applicant's duty to notify the Municipality in writing of such change within 10 calendar days of the change taking place. Failure to do so shall be an offence. 3.4 If the applicant is a registered partnership, a certified copy of the registered Declaration of Partnership, showing the names and addresses of the partners shall be included in the application. 3.5 In the event that the names or addresses of the partners listed in the Declaration of Partnership change, it shall be the applicant's duty to notify the Municipality in writing of such change within 10 calendar days of the change taking place. Failure to do so shall be an offence. 3.6 Subject to the provisions of this By-law, when an application for a licence is made in accordance with the provisions of this By-law, the Municipal Clerk shall issue a licence which shall set an expiry date of the 31 sc day of December of each year. 3.7 The fee payable upon issuance of a licence pursuant to this By-law shall be $250.00 There shall be no prorating of the fee for licence periods of less than 12 months. 3.8 No person shall enjoy a vested right in the continuance of a licence. 3.9 The applicant shall, upon application for a licence, file proof of insurance with the Municipal Clerk. Such insurance shall: a) be in an amount to be determined by the Municipal Treasurer as sufficient and shall name the Municipality of Clarington as an insured party; b) hold the Municipality harmless from any action that may be taken against it resulting from the placement of any mobile sign in the Municipality; and c) be endorsed to provide the Municipality at least 10 days notice in writing prior to cancellation, expiration or change of the policy. 3.10 Every licensee shall ensure that every mobile sign that is being leased or rented clearly displays the name, address, and telephone number of the licensee. Failure to do so shall be an offence. 4.0 GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE 4.1 An applicant who otherwise complies with the provisions of this By-law is entitled to be licenced and a licensee is entitled to have a licence renewed except where: a) having regard to the applicant's or licensee's financial position, the applicant or licensee cannot be reasonably expected to be financially responsible in the conduct of the business which is to be licenced or is licenced; b) the past or present conduct of the applicant or licensee, or if a corporate entity, the past or present conduct of its directors, officers, employees or agents, affords reasonable grounds for belief that the applicant or licensee will not carryon the business which is to be licenced or is licenced in accordance with the law or with integrity and honesty; c) the applicant or licensee is carrying on activities that are or will be if the applicant is licensed, in contravention of this or any other Municipal by-law; d) the conduct of the applicant or licensee, or if a corporate entity, the past or present conduct of its directors, officers, employees or agents, affords reasonable grounds to believe that the carrying on of the business would infringe on the rights or endanger the health or safety of one or more members of the public; e) there are reasonable grounds to believe that any application or other document provided to the Municipal Clerk by or on behalf of the applicant or the licensee contains a false statement or provides false information. 4.2 The Municipal Clerk may require affidavits in support of an application. 4.3 The Municipal Clerk shall not issue a licence or renewal of a licence until: a) all required approvals and inspections have been obtained by the applicant; b) all required documentation has been provided; and c) the business licence fee has been paid in full. 4.4 The Municipal Clerk, upon receipt of the application for a licence may make, cause to be made, or request, any additional documents, investigations or inspections in respect of such application for a licence as the Municipal Clerk deems appropriate or in the interest of the general public and any costs incurred for such inspections or documents shall be at the applicant's expense. 4.5 If the investigation discloses that: a) the applicant's premises or place of business is the subject of an Order issued pursuant to the Property Standards By-law, or discloses non-compliance with the Zoning By-law or any parking requirements of the Corporation; b) the applicant is incompetent in a manner that affects the safety, health or welfare of the public; c) the applicant is in breach of this or some other Municipal or Regional by-law or law of Ontario or Canada; or d) the applicant has been convicted of an offence pursuant to a similar by-law in another municipality; the Municipal Clerk shall deny the application. 4.6 Notwithstanding section 4.5, if more than seven years have lapsed since the final disposition date of the Criminal Record, and it is, in the opinion of the Municipal Clerk, of a minor nature, the Municipal Clerk may approve the application. 5.0 REFUSAL, REVOCATION, SUSPENSION, IMPOSITION OF CONDITIONS 5.1 An applicant who has been denied a licence by the Municipal Clerk pursuant to Section 4.5 may request that his application be heard by Council, which may, in its discretion, issue the licence in question. 5.2 Upon request, the Municipal Clerk shall refer the matter to Council. 5.3 The Municipal Clerk may require affidavits in support of an application. 5.4 Council shall consider the matter. 5.5 In considering an application under Section 5.1, Council may impose any conditions it sees fit as a requirement of obtaining, continuing to hold or renewing a licence, including any condition which would otherwise contravene any other provisions of the By-law. 5.6 Council may revoke any licence issued under the authority of this By-law where such power to revoke may, pursuant to the provisions of the Municipal Act or any other Act, be exercised by the Council of the Municipality but, before any licence is revoked, the holder of the licence shall be given at least seven days notice mailed or delivered to the address given in his application and shall be permitted to appear before Council to show cause why he believes such licence should not be revoked. 5.7 A licence that is cancelled or suspended shall remain the property of the Municipality. 5.8 Upon notification of cancellation or suspension of a licence, the licensee shall forthwith surrender the Certificate of Licence to the Municipal Clerk until such time as the licence has been reinstated. 6.0 PENALTY 6.1 Any person who contravenes 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. 6.2 Should any section, clause or provision of this By-law be declared by a court of competent jurisdiction to be invalid the same shall not affect the validity of this By-law as a whole or any part thereof other than the part so declared to be invalid. 6.3 This By-law shall come into full force and effect on the 1st day of January, 2010. BY LAW read a first and second time this 21St day of September, 2009 BY LAW read a third time and finally passed this 21St day of September, 2009 Jim ernethy, Mayor _ - L. B rie, Municip~l~ierk__=--, _-