Loading...
HomeMy WebLinkAbout2021-049If this information is required in an alternate format, please contact the Accessibility Co-ordinator at 905-623-3379 ext. 2131 The Corporation of the Municipality of Clarington By-law 2021-049 Being a by-law to license On -Farm Special Events WHEREAS subsection 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes the Municipality to pass by-laws respecting the health, safety and well-being of persons; WHEREAS under Subsection 8(3) of the Municipal Act, 2001, a by-law respecting a matter may (a) regulate or prohibit the matter; (b) require persons to do things respecting the matter; and (c) provide for a system of licences respecting the matter; WHEREAS under Sections 150 and 151 of the Municipal Act, 2001, a municipality may provide for a system of licences with respect to any business wholly or partly carried on within the municipality, including the sale or hire of goods or services on an intermittent or or one-time basis; and AND WHEREAS subsection 128(1) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington hereby enacts as follows: PART 1 - INTERPRETATION Definitions 1.1 In this By-law, "Applicant" means a person seeking a licence pursuant to this By-law; "Director" means the Municipality's Director of Legislative Services or a designate; "Enforcement Officer" means a Municipal Law Enforcement Officer whose duties include the enforcement of this By-law; "Licence" means a licence issued pursuant to this By-law; "Licensee" means a person to whom a Licence has been issued in accordance with this By-law; "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "On -Farm Special Event" means an event or activity that is not permitted as -of right as an on -farm diversified use, on lands specifically zoned to permit special events as a use that is secondary to the agricultural farming operations; "Owner" means the registered or beneficial owner of farm property; "Person" means an individual or a corporation, and "Persons" has a corresponding meaning; and "Zoning By-law" means a by-law passed by the Municipality pursuant to section 34 of the Planning Act, R.S.O. 1990, c. PA 3 and includes Zoning By-law 84-63 and Oak Ridges Moraine Zoning By-law 2005-109, or their successors. References 1.2 In this By-law, reference to any Act or by-law is reference to that Act or by-law as it is amended or re-enacted from time to time. 1.3 Unless otherwise specified, references in this By-law to Parts and sections are references to Parts and sections in this By-law. Word Usage 1.4 This By-law shall be read with all changes in gender or number as the context requires. 1.5 In this By-law, a grammatical variation of a word or expression defined has a corresponding meaning. Application 1.6 This By-law applies to all On -Farm Special Events in the Municipality unless otherwise specified. 1.7 This By-law does not apply to any property that was granted land use planning approval for On -Farm Special Events on a date prior to the date of enactment of this By-law, until such time as the property is made subject to an arm's length transfer. PART 2 — PROHIBITIONS Operation 2.1 No person shall conduct an On -Farm Special Event without a Licence. 2 2.2 The Owner or designate must be on scene during the On -Farm Special Event. 2.3 No Person shall contravene any condition of site plan approval, or any provision within a site plan agreement made pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, that is applicable to land that is subject to this By-law. 2.4 No Owner shall permit any activity on their property within the Municipality that is prohibited by this By-law. 2.5 Nothing in this By-law exempts an Owner of a farm property from any requirement in any Zoning By-law, or in any way changes the land uses permitted for a farm property pursuant to any Zoning By-law. Attendance 2.6 No person conducting an On -Farm Special Event shall permit more than the maximum number of attendees as stated in the zoning permission to attend the event, including persons participating in or working at the event. PART 3 — LICENSING Applications 3.1 Every application for a Licence shall be completed and submitted on forms prescribed by the Director. 3.2 Every application for a Licence shall include, (a) a licensing fee of $250.00; (b) the address of the property proposed to be used for On -Farm Special Events; (c) written proof, satisfactory to the Director, that the Applicant is the Owner; (d) proof of a valid Ontario farm business registration number for the property, or proof of exemption from the registration requirements; (e) confirmation of a Municipally approved site plan; and (f) proof of commercial general liability insurance acceptable to the Director of Financial Services and subject to limits of not less than five million dollars inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. 3.3 Every Licence shall be posted in a conspicuous location on the premises of the On -Farm Special Event. 3.4 A Licensee shall comply with all conditions of a Licence. Review 3.5 The Director is authorized to receive and consider all applications. 3.6 The Director is authorized to issue, suspend or revoke any Licence in accordance with Section 151 of the Municipal Act, 2001, S.O. 2001. C. 25, and to refuse the issuance of any Licence if there has been a previous material breach of the Licence, or in accordance with Section 3.8 of this By-law, including conditions consistent with zoning. 3.7 In addition to any other condition or requirement of this By-law, every Licence issued shall be subject to the condition that compliance with all applicable Federal, Provincial and Municipal laws, by-laws, rules, regulations, orders, approvals, permits, standards, and all other governmental requirements is required. Refusal 3.8 The Director shall refuse to issue or renew a Licence if, (a) the Applicant is not the Owner of the subject property; (b) the Applicant is not at least 18 years of age; (c) the application is incomplete; (d) the prescribed Licence fee has not been paid; (e) the Applicant submits false, mistaken, incorrect or misleading information in support of the application; (f) an Enforcement Officer, by way of inspection, has determined that the property is not in compliance with the approved Site Plan Agreement; or (g) There is reason to believe that the carrying on of the On -Farm Special Event(s) at the property would contravene any applicable condition, rule, or law. General 3.9 Licences are not transferrable. 3.10 The issuance of a License does not represent a commitment by the Municipality or the Director to issue a Licence in a subsequent year. Term 3.11 A Licence is valid from the date of issuance until December 31 in the calendar year that is two years after the calendar year in which it is issued, unless revoked or suspended at an earlier date. PART 4 — MANAGEMENT AND RECORDS 4.1 Every Licensee shall retain records of all On -Farm Special Event activity during the period of the License, for the period of six months following the end of the term of the Licence. PART 5 — ENFORCEMENT 5.1 Where any Person contravenes any provision of this By-law, an Enforcement Officer may direct such Person to comply with this By-law. Every Person so directed shall comply with such direction without delay. Powers of Entry 5.2 An Enforcement Officer, whether alone or accompanied by an individual possessing special or expert knowledge or skills, may enter on land at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. 5.3 For the purposes of an inspection under this By-law, an Enforcement Officer 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. 5.4 In addition to any other provision of this By-law, and subject to the provisions of the Municipal Act, 2001, S.O. 2001, c. 25, a provincial judge or justice of the peace may issue an order authorizing the Municipality to enter on land, including a room or place actually being used as a dwelling, for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this By-law; (b) a direction or order of the Municipality made under the Municipal Act, 2001, S.O. 2001, c. 25 or this By-law; or (c) an order made under section 431 of the Municipal Act, 2001, S.O. 2001, c. 25. Obstruction 5.5 No Person shall hinder or obstruct, or attempt to hinder or obstruct, an Enforcement Officer from lawfully carrying out a power, duty or direction under this By-law. Suspension of Licence 5.6 The Director may suspend a Licence if the Licensee fails to comply with any provision of this By-law and such non-compliance is not remedied within 7 days, or other time period as deemed appropriate by the Director, following notice from the Municipality specifying the particulars of the non-compliance. Revocation of Licence 5.7 The Director may revoke a Licence if, (a) it was issued in error; (b) it was suspended in accordance with the provisions of this By-law and no satisfactory evidence of compliance has been filed with the Municipality within 60 days from the date of suspension; (c) it was issued as a result of false, mistaken, incorrect, or misleading statements, information or undertakings contained in the application or any supporting materials; (d) the Licensee is not in compliance with any Licence condition; or (e) upon the request of the Licensee. 5.8 The Director shall immediately inform the Licensee of a revocation and the reasons for it by means of contacting the Licensee at the address provided in the application. The Director shall also notify all affected agencies. 6 Offences and Penalties 5.9 Every Person, other than a corporation who contravenes any provision of this By- law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $10,000 for a first offence; and not more than $25,000 for any subsequent conviction. 5.10 Every corporation which contravenes any provision of this By-law, is guilty of an offence and on conviction is liable, for every occurrence, day or part thereof upon which such offence occurs or continues, to a fine of not more than $50,000 for a first offence, and not more than $100,000 for any subsequent conviction. 5.11 Without limiting any other section of this By-law, every Person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine in accordance with the Provincial Offences Act, R.S.O. 1990, c. P.33. 5.12 If any Person is in contravention of any provision of this By-law, and the contravention has not been corrected, the contravention of the provision shall be deemed to be a continuing offence for each day or part of a day that the contravention remains uncorrected. 5.13 Where any Person contravenes any provision of this By-law, such Person shall be responsible for all costs incurred by the Municipality directly related to the contravention. PART 6- GENERAL Severability 6.1 Each section of this By-law is an independent section, and the holding of any section or part of any section of this By-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other sections of this By- law. Conflict 6.2 In the event of a conflict of a conflict between any provision of this By-law and any applicable Act or regulation, the provision that is the most restrictive prevails. Schedules 6.3 The following Schedules are attached to and form an integral part of this by-law: Schedule "A" — Set Fines Short Title 0 6.4 The short title of this By-law shall be the "On -Farm Special Event Licensing By- law". Effective Date 6.5 This By-law shall be effective on the date that it is passed. Passed in Open Council this 25°i day of May, 2021 , Adrian Foster, Mayor June Gallagher, Muni al Clerk Schedule "A" MUNICIPALITY OF CLARINGTON PART I Provincial Offences Act By-law 2021-049: On -Farm Special Event Licensing By-law ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision creating Set Fine or defining offence 1 Conduct an On -Farm Special Event s. 2.1 $500.00 without a valid Licence 2 Contravene a condition of site plan s. 2.3 $300.00 approval 3 Failure to display License in a s. 3.3 $50.00 conspicuous location 4 Failure to comply with conditions of a s. 3.4 $300.00 Licence "NOTE: The penalty provision for the offences indicated above is section 5.11 of by-law no. 2021-049, a certified copy of which has been filed". TI-E HONOURABLE ES HLR ROSENBERG �.r "•" � `� q-L'FIONORABLE FSTHERRQSENBERL REG70NALSENIOR)usnCE _, JUGE PRIN©PALREGIONAL ONTARIOODURTOF)USLICE f 000R DEJUSTICE DE UONTAR10 CENTRAL EAST REGION a, REGION DU CENTRE -EST 50 EAGLE STREET WEST 50, RUE EAGLE OLIESr NEWMARKET, ONTARIO BY6611 NEWMARIET(ONTARIO) BY661 TELFPHONUTtiEPFK)NE (905) 853-4890 rA)(/rtLEmPIEUR(9D5) 853-4891 June 7, 2021 Mr. Robert Maciver Municipal Solicitor Corporation of the Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C 3AB Dear Sir: Re: Set Fines — Part I The Corporation of the Municipality of Clarington Enclosed herewith please find the Order and the schedule of set fines. The setting of the fines does not constitute my approval of the short form of the wording used to describe the offences. Please forward a copy of the Order and the Schedule of Set Fines to the POA Court in Whitby. Your truly, )�17 s er Rosenberg Regional Senior Justice Central East Region Ibmw Enclosures PROVINCIAL OFFENCES ACT Part I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By Law 2021-049, for the Municipality of Clarington , attached hereto is the set fine for that offence. This Order is to take effect June 7, 2021. DATED at Newmarket this 71h day of June, 2021 Esther Rosenberg Regional Senior Justice Central East Region Schedule "A" MUNICIPALITY OF CLARINGTON PART I Provincial Offences Act By-law #2021-049: On -Farm Special Event Licensing By-law ITEM COLUMN 1 COLUMN 2 COLUMN 3 Short Form Wording Provision creating Set Fine or defining offence 1 Conduct an On -Farm Special Event s. 2.1 $500.00 without a valid Licence 2 Contravene a condition of site plan s. 2.3 $300.00 approval 3 Failure to display License in a s. 3.3 $50.00 conspicuous location 4 Failure to comply with conditions of a s. 3.4 $300.00 Licence "NOTE: The penalty provision for the offences indicated above is section 5.11 of by-law no. 2021-049, a certified copy of which has been filed".