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HomeMy WebLinkAboutPD-101-91 THE CORPORATION OF THE TOWN OF NEWCASTLE DN:WRECK—BL.GPA Meeting; General Purpose and Administration Committee Date: Monday, April 22, 1991 Report _ PD-101-91 File#: Subject: BY—LAW FOR LICENSING, REGULATING AND GOVERNING AUTOMOBILE WRECKING YARDS File W _S�L_ Res. By-Law Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-101-91 be received; 2 . THAT staff be authorized to place a Public Notice in the local newspapers and notify all known operators of automobile wrecking yards of the Town's intention to introduce a by-law for the licensing of automobile wrecking yards; and 3 . THAT the proposed By-law be brought forward as soon as possible. 1. BACKGROUND 1. 1 On December 19, 1988, Council considered Report PD-264-88 which, among other things, authorized staff to prepare a by- law for licensing, regulating and governing automobile wrecking yards under Section 210( 130) of the Municipal Act. 2 . At the present time, staff are aware 10 automobile wrecking yards operating in the Town as follows: Name Location Dom's Auto Parts ltd. Pt. Lot 32, Conc. l, (50.4 acres) Darlington Ci THIS IS PAIPlIECl 9v`FECYCLEG PAPEF REPORT NO. : PD-101-91 PAGE 2 Courtice Auto Wreckers (4.2 acres) Robert Parr Wreckers 52 acres) Chaskavich Auto Wreckers (2 .3 acres) Ackerman Auto Wreckers (28 .4 acres) Newcastle Recycling Ltd. (38. 0 acres) Elliott Auto Parts Ltd. (72 . 8 acres) Jackson Auto Wreckers (37 acres) Cowanville Auto Wreckers (13 acres) R.S. Stephenson (Newcastle Salvage) (38.3 acres) Pt. Lot 27, Conc .3 Darlington Pt. Lot 31, Conc . 7 Darlington Pt. Lot 24, Conc . 2 Darlington Pt. Lot 13, Conc. 3 Darlington Pt. Lot 12, Conc. 3 Clarke Pt. Lots 3/4, Conc. 2 Clarke Pt. Lot 9, Conc. 6 Clarke Pt. Lot 16, Conc . 3 Clarke Pt. Lot 23, Conc. 1 Clarke 3. Section 210 (130) of the Municipal Act states that Council may pass by-laws for "prohibiting or regulating and inspecting the use of any land or structure for storing used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other disposal" . At the present time, the Town of Newcastle does not have a licensing by-law governing salvage yards . A municipal By- law (76-6) was prepared at one time but only received second reading and was subsequently tabled. 4. The proposed licensing by-law enables the municipality to place some controls on existing automobile wrecking yards which are legal non-conforming uses and do not have the ! � C REPORT NO. : PD-101-91 PAGE 3 benefit of a site plan agreement. The licensing by-law would require the operator to prepare plans acceptable to the Corporation and pay an annual licensing fee of $500. 00 . The proposed by-law covers such matters as: i) separate storage of goods and articles for a 15 day retention period ii) record keeping iii) inspection by Police Officers iv) environmental controls (ie. disposal of fluids) V) aesthetic controls (fencing) Existing automobile wrecking yards would be given one year to comply with the regulations. A draft copy of the proposed by-law is attached for information. 5. It is recommended that all known operators of automobile wrecking yards be notified of Council's intent to introduce such a by-law. In addition, a Public Notice would be placed in local newspapers. Respectfully submitted, Franklin Wu, M.C.I.P. Director of Planning and Development DC*FW*df *Attach 12 April 1991 Recommended for presentation to the Committee Av_� Lawrence . Rotseff Chief A inistrative Officer THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91- 4_s il being a by4aw for the licensing, regulating and governing of automobile wrecking yards. WHEREAS the Council of the Corporation of the Town of Newcastle deems it necessary to licence, regulate and govern the operation of automobile wrecking yards within the Town of Newcastle; AND WHEREAS the Council of the Corporation of the Town of Newcastle, pursuant to the Municipal Act, R.S.O. 1983, Chapter 302, Section 210, Subsection 130, has authority to enact this by-law; NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1. In this By-law- (a) "Automobile Wrecking Yards"means any land or structures utilized for storing motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other disposal. (b) "Chief of Police"means the Chief of Police of the Regional Municipality of Durham and any person or persons or his Staff or under his command or supervised and any person or persons designated by him as may be required from time to time. (c) "Corporation" means the municipal Corporation of the Town of Newcastle. (d) 'Derelict Automobile" means a motor vehicle that is inoperable and has no market value as a means of transportation. (e) "Municipal Law Enforcement Officer"means a person appointed by the Corporation of the Town of Newcastle to enforce this By-law and any other by-laws in the Town of Newcastle. 2. This By4aw does not apply to land which is a waste disposal site which has a Certificate of Approval for such purposes under the Environmental Protection Act R.S.O. 1980, Chapter 141, as amended 3. No person or persons shall operate an Automobile Wrecking Yard within the Town of . Newcastle without first,having obtained a Licence issued under authority of this By-law. 4. Upon written application for a licence or renewal of a licence for an Automobile Wrecking Yard or proposed Automobile Wrecking Yard,a licence or renewal of a licence may be issued: (a) upon payment of a licence fee of Five Hundred Dollars ($500.00);and (b) upon submission of plans deemed acceptable by the Corporation except in the case of an application for renewal of a licence. 5. No person licensed under this By-law shall alter,repair, dispose of, or in any way, part with any goods or articles purchased or taken in exchange until after the expiration of Fifteen (15) clear days, exclusive of Sundays and holidays, from the date of purchase, or such exchange. During these fifteen(15) days, the goods or articles so obtained shall remain on the premises in respect to which the licence is used and be kept in a separate location from goods previously purchased, and shall be subject to inspection at any time during business hours by the Chief of Police or any Police Officer who may be accompanied by such other persons as in his judgement may be necessary for the identification of goods reported or suspected of having been stolen. 6. Every licensee shall keep a record of the name, address, and a personal description of every person from whom he obtains any goods and such written record shall be open to inspection by the Chief of Police or any Police Officer on his request. -2- 7. No automobile wrecking yard shall be operated or maintained within the limits of the Corporation of the Town of Newcastle except in accordance with the following regulations: (a) all automobile wrecking yards shall be completely enclosed by a solid fence,3.6 metres in height, and such a fence shall be constructed of new lumber or other materials as may be approved by the Corporation, such a fence shall be properly maintained at all times and not allowed to fall into a state of disrepair. All derelict automobile and other salvage material shall be stored within the fenced area and no such storage shall exceed a height of 3.6 metres above level grade. (b) an adequate buffer shall be provided when necessary to minimise any detrimental effects such as noise, odour or visual pollution which may affect neighbouring properties. (c) an automobile-wrecking yard shall not be located on land covered by water or subject to flooding and shall be so located that no direct drainage leads to a watercourse. (d) All fluids must be drained from derelict automobiles before they are processed and any fluids or other wastes shall be disposed of in accordance with the Environmental Protection Act R.S.O. 1980, Chapter 141, as amended. (e) All automobile wrecking yards shall be subject to inspection by the Ministry of Environment, and any such request by Ministry personnel shall be made during business hours. (f) Adequate on-site parking shall be provided so as not to interfere with the movement of traffic on any public highway. (g) All automobile wrecking yards shall comply with the provisions of the Town of Newcastle Zoning By-law 84-63, as amended, from time to time. (h) all expansions, enlargements or the construction of additions or new structures at an existing automobile wrecking yard shall comply with the Town of Newcastle Site Plan By-law 90-130, as amended from time to time. 8. All licenses issued under authority of this By-law shall expire on the 31st day of December of each year. 9. Any person who contravenes any of the provisions of this By-law is guilty of an offence and liable, upon conviction to a fine of not more than the maximum amount allowable, exclusive of costs,as provided for under the provisions of the Provincial Offences Act. 10. Automobile Wrecking Yards in existence on the date of passing of this By-law will be required to comply with the regulations contained herein within one (1)year from the date of passing. 11. Should any provision of this By-law be found by court of competent jurisdiction to be invalid in part or in whole, the validity of the other provisions of this By-law shall not be affected thereby,the intent of Council being that each provision of this By-law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. BY-LAW read a first time this day of , 1991 BY-LAW read a second time this day of , 1991 BY-LAW read a third time and finally passed this day of , 1991 MAYOR C THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 91- ` being a by-law for the licensing, regulating and governing of automobile wrecking yards. WHEREAS the Council of the Corporation of the Town of Newcastle deems it necessary to licence, regulate and govern the operation of automobile wrecking yards within the Town of Newcastle; AND WHEREAS the Council of the Corporation of the Town of Newcastle, pursuant to the Municipal Act, R.S.O. 1983, Chapter 302, Section 210, Subsection 130, has authority to enact this by-law; NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: 1. In this By-law- (a) "Automobile Wrecking Yards" means any land or structures utilized for storing motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other disposal. (b) "Chief of Police" means the Chief of Police of the Regional Municipality of Durham and any person or persons or his Staff or under his command or supervised and any person or persons designated by him as may be required from time to time. (c) "Corporation" means the municipal Corporation of the Town of Newcastle. (d) "Derelict Automobile" means a motor vehicle that is inoperable and has no market value as a means of transportation. (e) "Municipal Lave Enforcement Officer" means a person appointed by the Corporation of the Town of Newcastle to enforce this By-law and any other by-laws in the Town of Newcastle. 2. This By-law does not apply to land which is a waste disposal site which has a Certificate of Approval for such purposes under the Environmental Protection Act R.S.O. 1980. Chapter 141, as amended. 3. No person or persons shall operate an Automobile Wrecking Yard within the Town of Newcastle without first, having obtained a Licence issued under authority of this By-law. 4. Upon written application for a licence or renewal of a licence for an Automobile Wrecking Yard or proposed Automobile Wrecking Yard, a licence or renewal of a licence may be issued: (a) upon payment of a licence fee of Five Hundred Dollars ($500.00); and (b) upon submission of plans deemed acceptable by the Corporation except in the case of an application for renewal of a licence. 5. No person licensed under this By-law shall alter, repair, dispose of, or in any way, part with any goods or articles purchased or taken in exchange until after the expiration of Fifteen (15) clear days, exclusive of Sundays and holidays, from the date of purchase, or such exchange. During these fifteen (15) days, the goods or articles so obtained shall remain on the premises in respect to which the licence is used and be kept in a separate location from goods previously purchased, and shall be subject to inspection at any time during business hours by the Chief of Police or any Police Officer who may be accompanied by such other persons as in his judgement may be necessary for the identification of goods reported or suspected of having been stolen. 6. Every licensee shall keep a record of the name, address, and a personal description of every person from whom he obtains any goods and such written record shall be open to inspection by the Chief of Police or any Police Officer on his request. - 2 - � RA"7 7. No automobile wrecking yard shall be operated or maintained within the limits of the Corporation of the Town of Newcastle except in accordance with the following regulations: (a) all automobile wrecking yards shall be completely enclosed by a solid fence, 3.6 metres in height, and such a fence shall be constructed of new lumber or other materials as may be approved by the Corporation, such a fence shall be properly maintained at all times and not allowed to fall into a state of disrepair. All derelict automobile and other salvage material shall be stored within the fenced area and no such storage shall exceed a height of 3.6 metres above level grade. (b) an adequate buffer shall be provided when necessary to minimise any detrimental effects such as noise, odour or visual pollution which may affect neighbouring properties. (c) an automobile wrecking yard shall not be located on land covered by water or subject to flooding and shall be so located that no direct drainage leads to a watercourse. (d) All fluids must be drained from derelict automobiles before they are processed and any fluids or other wastes shall be disposed of in accordance with the Environmental Protection Act R.S.O. 1980, Chapter 141, as amended. (e) All automobile wrecking yards shall be subject to inspection by the Ministry of Environment, and any such request by Ministry personnel shall be made during business hours. (f) Adequate on-site parking shall be provided so as not to interfere with the movement of traffic on any public highway. (g) All automobile wrecking yards shall comply with the provisions of the Town of Newcastle Zoning By-law 84-63, as amended, from time to time. (h) all expansions, enlargements or the construction of additions or new structures at an existing automobile wrecking yard shall comply with the Town of Newcastle Site Plan By-law 90-130, as amended from time to time. 8. All licenses issued under authority of this By-law shall expire on the 31st day of December of each year. 9. Any person who contravenes any of the provisions of this By-law is guilty of an offence and liable, upon conviction to a fine of not more than the maximum amount allowable, exclusive of costs, as provided for under the provisions of the Provincial Offences Act. 10. Automobile Wrecking Yards in existence on the date of passing of this By-law will be required to comply with the regulations contained herein within one (1) year from the date of passing. 11. Should any provision of this By-law be found by court of competent jurisdiction to be invalid in part or in whole, the validity of the other provisions of this By-law shall not be affected thereby, the intent of Council being that each provision of this By-law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. BY-LAW read a first time this day of BY-LAW read a second time this day of BY-LAW read a third time and finally passed this day of MAYOR CLERK 1991 1991 1991