HomeMy WebLinkAbout78-50 Consolidated OFFICE CONSOLIDATION OF BY-LAW 78-50
Leading the Way
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
BY-LAW NO. 78- 50
Being a by-law to regulate the holding of certain public
entertainments, festivals and parades within the
Municipality of Clarington.
Passed by Council on. July 4, 1978
Consolidation as of: June 17, 2013
Amendments:
Amending Date Passed Amendment Details
By-law
86-108 July 28, 1986 Changing references to "proceeds" and "charitable
purposes". Adding section regarding notice to
neighbours.
Sections: 1, 2, 3, 4
90-114 June 25, 1990 Renumbering Section 7 as Section 8. Inserting new
Section 7 regarding "invalidity".
Sections: 7, 8
91-55 April 29, 1991 Add references to "Police Service"; insurance,
contravention, municipal property, and `exhibition for hire'.
Change fee.
Sections: 2(b), 2(c), 4, 57 67 77 8
93-89 June 14, 1993 Correct Typographical error - By-law 91-55 vs. 91-56.
Section: 7
96-26 January 29, Change fee.
1996
Section 4
Page 1 of 5
OFFICE CONSOLIDATION OF BY-LAW 78-50
97-125 June 23, 1997 Change Town of Newcastle to Municipality of Clarington.
Add sections regarding motorcycle racing and noise at
Mosport Park. Defining "engineer"
Sections: Add Schedules A, B, C, D, and E. Add
Sections 2(h), 2(i), 2(j), and 2(k). Replace Section 6.
Renumber Sections 7, 8 and 9. Add new Section 7.
2003-058 April 28, 2003 Repeal By-law 97-125
Sections: Add Schedules A, B, C, D, and E. Add
Sections 2(h), 2(i), 2(j), and 2(k). Replace Section 6.
Renumber Sections 7, 8 and 9. Add new Section 7.
Disclaimer:
The following consolidated by-law is an electronic reproduction made available for
information only. It is not an official version of the By-law. The format may be different,
and plans, pictures, other graphics or text may be missing or altered. The Municipality of
Clarington does not warrant the accuracy of this electronic version.
Official versions of all By-laws may be obtained from the Clerk's Department.
Page 2 of 5
OFFICE CONSOLIDATION OF BY-LAW 78-50
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
BY-LAW 78- 50
Being a by-law to regulate the holding of certain public
entertainments, festivals and parades within the
Municipality of Clarington.
WHEREAS the Council of the Municipality of Clarington deems it expedient to license
and regulate the holding of certain public entertainments, parades and festivals within
the Municipality of Clarington:
AND WHEREAS the authority for so doing is contained in The Municipal Act, R. S. O.
1970, Chapter 284, Section 383 (6), 383 (7) and Section 242:
NOW THEREFORE, the Council of the Corporation of the Municipality of
Clarington enacts as follows:
1. In this By-law:
A public entertainment, parade or festival held for a "charitable purpose" means a
public entertainment, parade or festival held for, or if its total proceeds less
operating expenses are used for any one or more of the following purposes:
i) The relief of poverty
ii) The advancement of education
iii) The advancement of religion
iv) Any purposes beneficial to the community not falling under the foregoing
heads, providing such purposes are in the interests of social welfare and
are for the public benefit.
2. Before any person, corporation, organization or association may hold or
conduct a public entertainment, parade or festival within the limits of the
Municipality of Clarington, which public entertainment, parade or festival, the
said person, corporation, organization or association shall:
a) obtain a license under this by-law from the Clerk of the Municipality of
Clarington authorizing the holding of such public entertainment, parade or
festival.
b) deposit with the Clerk of the Municipality of Clarington an amount of
money estimated by the Chief of Police of the Region of Durham Police
Service as sufficient to provide for the cost of adequate additional police
protection during the period of the said entertainment, parade or festival,
or any or all of them, during which such police protection shall, in the
opinion of the said officer, be necessary.
Page 3 of 5
OFFICE CONSOLIDATION OF BY-LAW 78-50
c) deposit with the Clerk of the Municipality of Clarington a certified copy of a
comprehensive general liability policy of insurance issued by an insurer
licensed to do business in Ontario which provides for limits of protection of
$10,000,000.00 in respect of the public entertainment, parade or festival in
question, which provides coverage including bodily injury, property
damage and non-owned auto insurance, which names the Municipality of
Clarington as an insured party and which provides coverage for a period
equal to the duration of the public entertainment, parade or festival in
question plus one ( 1) day before the commencement and one (1) day
after conclusion of the public entertainment, parade or festival, in question.
d) deposit with the Clerk of the Municipality of Clarington an amount of
money to be fixed by the relevant authority where the said public
entertainment, parade or festival is held, sufficient to repair anticipated
minor damage and the cleaning of buildings and grounds after the
conclusion of such public entertainment, parade or festival, so that such
buildings and grounds may be restored to their previous state without cost
to the Municipality of Clarington or the Board or body responsible for the
administration of such buildings or grounds.
e) deposit with the Clerk of the Municipality of Clarington a certificate in
writing from the Director of the Region of Durham Health Unit, that all
health and sanitation requirements for the said public entertainment,
parade or festival have been provided.
f) pay to the Clerk of the Municipality of Clarington the license fee
hereinafter provided.
g) At least thirty (30) days prior to a Special Event taken place, provide
written notice of the location, nature, and date of the event to all property
owners within 120 metres of the property upon which the Special Event is
to be held and thereafter file copies of said written notice with the Clerk of
the Municipality of Clarington.
3. No license shall be issued by the Clerk of the Municipality of Clarington for such
public entertainment, parade or festival, until the provisions of Section 2 above
have been complied with in full.
4. The fee for licence under this By-law for any public entertainment, parade or
festival which is not held for a charitable purpose, is three hundred and sixty
($360.00) dollars.
5. Any person who contravenes any provision of this By-law is guilty of an offence.
Page 4 of 5
OFFICE CONSOLIDATION OF BY-LAW 78-50
6. This By-law does not apply to public entertainment, parade or festival which is
held or conducted
a) on the allowance of a public highway owned by the Municipality of
Clarington
b) on or in a park or recreational facility owned and/or operated by the
Municipality of Clarington, or
c) on or in the Municipality of Clarington Administrative Centre, 40
Temperance Street, Bowmanville, Ontario; and
7. This By-law does not apply to a public entertainment, parade or festival to
which By-law No. 91-56 applies and for which a license for an `exhibition held
for hire or gain' within the meaning of By-law No. 91-56 has been issued, so
long as such license is not revoked pursuant to By-law No. 91-56.
8. The invalidity of any Section, portion of a section, paragraph, or portion of a
paragraph of this By-law shall not affect the validity of any other provision of
this By-law.
9. This By-law shall come into force and have effect immediately upon the final
passing thereof.
THIS BY-LAW READ A FIRST, SECOND AND THIRD TIME and finally passed this 4t"
day of July 1978.
Page 5 of 5