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HomeMy WebLinkAboutLGL-003-14 Clarington REPORT LEGAL DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: February 24, 2014 Resolution#: 46V-/'/ By-law#: / 1901v-()dl Report#: LGL-003-14 File#: L1000-20 and L1000-26 Subject: SPECIAL EVENTS BY-LAWS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report LGL-003-14 be received; 2. THAT the Special Events on Private Property By-law (Attachment 1), Special Events on Municipal Highways By-law (Attachment 2), and Road Occupancy By- law (Attachment 3) be passed; and 3. THAT all interested parties listed in Report LGL-003-14 be advised of Council's decision. Submitted byXA_n Reviewed by rew C. Allis n, B. Comm., LL.B. ranklin Wu, MAOM Municipal Solicitor Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: LGL-003-14 PAGE 2 1.0 BACKGROUND 1.1 The Municipal Act, 2001 authorizes the Municipality to regulate special events held on private and public property (including roads). The proposed by-laws attached to this Report are intended to regulate special events in a manner that will (a) enhance the quality of life for residents; (b) further tourism and economic development; (c) protect public health and safety; and (d) avoid unnecessary disruptions in the community. They are also intended to provide a proper, fair and consistent approach to the regulation of special events wherever they are held in the Municipality. 1.2 The Municipality currently has 5 separate by-laws that regulate special events. By-law No. 91-56 (Exhibitions Held for Hire or Gain) and By-Law No. 78-50 (Public Entertainments, Festivals and Parades) are administered by the Clerk's Department. The Boots & Hearts Music Festival is an example of a special event that requires a permit from the Clerk's Department. By-Law No. 83-32 and By- Law No. 83-57 (both regulating road occupancy) are administered by the Engineering Services Department. Attachment 4 to this Report lists the 37 special events that were permitted under the road occupancy by-laws in 2013. By-Law 2006-126 (Parks) is administered by the Operations Department. Rotary RibFest is an example of a special event that requires a permit from the Operations Department. All of these by-laws other than the Parks By-law are proposed to be updated through this Report. 1.3 Some special events are not regulated by the Municipality (for example, the Orono Fair) other than through related Municipal by-laws (for example, refreshment vehicles and peddlers). 2.0 DISCUSSION 2.1 The first issue in any municipality's effort to regulate special events is to define what is "special". The proposed Special Events on Private Property By-law (Attachment 1) defines "special event" as follows: "special event" means a cultural, recreational, educational or similar event including fairs, festivals and carnivals, that has an expected daily attendance of at least 500 persons at any time during the event, The proposed Special Events on Municipal Highways By-law (Attachment 2) defines "special event" as follows: "special event" means a demonstration, parade, procession, organized walk or run, bicycle ride or race, filming event, street dance, residential block party, rally, fair, sidewalk sale, festival, carnival, and any cultural, recreational, educational or similar event, REPORT NO.: LGL-003-14 PAGE 3 There is no reference to any minimum attendance in the proposed Special Events on Municipal Highways By-law because any size of event on a municipal road will require a permit. 2.2 The proposed Special Events on Private Property By-law will not materially change the manner in which special events on private property have historically been regulated by the Municipality other than as follows: (a) The threshold attendance for an event to be classified as "special" has been increased from 250 to 500 (section 1.1). (b) Specific exemptions have been identified (sections 2.2, 2.3 and 2.4). (c) The application fee has been increased from $360 to $500 (section 2.7(i)). This fee will not apply to registered charitable or registered no-for-profit organizations. (d) Additional regulations (section 2.16) have been added for large scale special events (defined to be those with an expected daily attendance of more than 10,000 people). (e) A section giving the Clerk the discretion to require criminal record checks for carnival employees has been added to the by-law at the request of the Durham Regional Police Service (section 2.17). (f) The way in which concert noise is regulated has been simplified and made consistent with what has actually been taking place at Canadian Tire Motorsport Park (section 2.19). 2.3 The proposed Special Events on Municipal Highways By-law will make it easier for the public to obtain approval for, and for staff to administer, special events on our roads. It will not materially change the manner in which special events on our roads have historically been regulated other than as follows: (a) If an applicant is a "for profit" organization, there will be an application fee of $500, the applicant may be required to make a security deposit, and the applicant will be responsible (financial and otherwise) to take all necessary steps to ensure public safety — the Operations Department will not support the event (subsections 2.6(2), (3) and (4)). (b) If an applicant is anything other than a "for profit" organization (e.g. a registered charity, registered not-for-profit, or a local board of the Municipality), the Operations Department will provide all of the necessary support, at no cost, to ensure public safety (subsection 2.6(5)). 2.4 The changes described in section 2.3 are being recommended in order to reduce the costs incurred by the Operations Department to support special events on our roads. In recent years, the number of these special events has increased REPORT NO.: LGL-003-14 PAGE 4 significantly. In 2013, the cost to the Operations Department to support them exceeded $53,000. Cost issues aside, providing support for special events has created competing demands on Operations Department resources. 2.5 A new Road Occupancy By-law is needed because the existing road occupancy by-laws (83-32 and 83-57) combine special event regulation with the regulation of all other types of activity that may require temporary road closures. The proposed Road Occupancy By-law defines all of these other activities as either "construction activities" that require a temporary road closure or road occupancies for the purpose of moving large vehicles or equipment. It will not materially change the manner in which road occupancy permits have historically been administered other than as follows: (a) The Director will have the discretion to impose fees to recover the cost of Municipal services provided to "for profit" applicants (section 2.7). (b) The Director will have the discretion to require permit holders to provide a refundable security deposit (section 2.8). 2.6 It is recommended that Council pass the Special Events on Private Property By- law, Special Events on Municipal Highways By-law, and the Road Occupancy By-law attached to this Report. 3.0 CONCURRENCE 3.1 The by-laws attached to this report were drafted with input from the CAD's office, all Municipal Departments, the Regional Health Department, the Durham Regional Police Service, and a representative of Republic Live. 3.2 The Municipal Clerk, Director of Engineering Services and Director of Operations concur with the recommendations in this Report. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Attachments: Attachment 1 - Special Events on Private Property By-law Attachment 2 - Special Events on Municipal Highways By-law Attachment 3 - Road Occupancy By-law Attachment 4 - 2013 Special Events on Municipal Roads List of interested parties to be advised of Council's decision: Inspector Kluem, Durham Regional Police Service John Ingrao, Durham Region Health Department Brian Crow - Republic Live ATTACHMENT NO. 1 TO REPORT LGL-003-14 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2014-XXX A by-law regulating special events on private property WHEREAS section 126 of the Municipal Act, 2001, S.O. 2001, c.25 authorizes a municipality to (a) regulate cultural, recreational and educational events including public fairs; (b) issue permits for such events; and (c) impose conditions for obtaining, continuing to hold and renewing such permits; and WHEREAS the Municipality wishes to ensure cooperation among the various agencies involved in and affected by special events in order to (a) enhance the quality of life for residents; (b) further tourism and economic development; (c) protect public health and safety; and (d) avoid unnecessary disruptions in the community; and WHEREAS the Municipality wishes to regulate the special events held on private property. 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, unless otherwise specified, "amusement device" has the same meaning as in subsection 1(1) of O. Reg. 221/01 passed under the Technical Standards and Safety Act, 2000, S.O. 2000, c.16; "applicable laws" means all federal, provincial and municipal laws, by-laws, rules, regulations, orders, approvals, permits, standards, and all other governmental requirements applicable to a special event; "applicant" means a person applying for a permit; "application" means an application for a permit; "Chief of Police" means the Chief of Police of the Durham Regional Police Service or a designate; "Clerk" means the Municipal Clerk or a designate; "highway" has the same meaning as in subsection 1(1) of the Municipal Act, 2001, S.O. 2001, c.25; Page 12 "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "permit" means a permit for a special event issued under this by-law; "person" includes an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and their heirs, executors or legal representatives; "private property" means real property that is not owned or controlled by the Municipality; "Region" means the Corporation of the Regional Municipality of Durham; and "special event" means a cultural, recreational, educational or similar event including fairs, festivals and carnivals, that has an expected daily attendance of at least 500 persons at any time during the event. References 1.2 In this by-law, reference to any Act, By-law or Policy is reference to that Act, By- law or Policy as it is amended or re-enacted from time to time. 1.3 Unless otherwise specified, references in this by-law to Parts, sections or clauses are references to Parts, sections or clauses in this by-law. 1.4 Reference to a Director is reference to the Director of the specified Municipal Department or a designate. Word Usage 1.5 This by-law shall be read with all changes in gender or number as the context requires. 1.6 In this by-law, a grammatical variation of a word or expression defined has a corresponding meaning. Severability 1.7 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. Application 1.8 This by-law applies to all special events held outdoors on private property. 1.9 This by-law does not apply to special events held indoors or outdoors on Municipal property including Municipal highways. Page 13 PART 2 — SPECIAL EVENT PERMITS Permit Required 2.1 No person shall hold or carry on, or permit to be held or carried on, a special event outdoors on private property without a permit. Exemptions 2.2 No permit shall be required for special events held on or at, (a) the Orono Fairgrounds; (b) Bowmanville Zoo; (c) property owned by a conservation authority, school (whether public or private), university, college or church; or (d) property owned by the Region. 2.3 Provided the use is permitted in the Municipality's zoning by-laws or has otherwise been authorized by the Municipality, no permit shall be required for, (a) sporting events including golf tournaments; or (b) motor vehicle racing. 2.4 No permit shall be required for the CP Holiday Train. 2.5 For clarity, special events described or listed in sections 2.2, 2.3 or 2.4 may require permits, licenses, approvals or authorizations under other Municipal by- laws or other applicable laws. Application — Minimum Requirements 2.6 Every application shall be completed and submitted on forms prescribed by the Clerk. 2.7 Every application shall include, (a) a site plan showing, (i) the boundaries of the property on which the special event will be held; (ii) the location of all existing and proposed buildings or structures to be used in connection with the special event and any residential buildings on adjacent properties; (iii) all areas to be designated for food and beverage sales or I Page ( 4 consumption; (iv) all areas to be designated for vehicle parking and camping; and (v) all proposed access locations around the property's perimeter; (b) details of the special event including a description of any proposed, (i) fireworks; (ii) amusement devices; (iii) food sales or service; (iv) alcohol sales or service; (v) sound equipment; (vi) generators, propane appliances and any other specialized equipment to be used during the special event, including the type of fuel used to operate the equipment; (vii) vendors of any type; (viii) vehicles that exceed the load or dimension limits set out in Parts VII and VIII of the Highway Traffic Act, R.S.O. 1990, c. H.B, helicopters, hot air balloons, aircraft, trains or watercraft; (ix) use of exotic pets; (x) signage; (xi) temporary structures such as tents larger than 30 m2 or 323 f? (Fire Code) or 60 m2 or 646 ft2 (Building Code); and (xii) temporary closure of a highway; (c) a daily estimate of the number of persons expected to attend the special event; (d) the date(s) and time(s) of the special event, including set up and disassembling/clean up dates and times; (e) where the applicant is not the owner of the property on which the special event is to be held, written proof that the owner consents to the special event; (f) satisfactory proof that the applicant is at least 18 years of age or, if the applicant is a corporation, copies of the letters of incorporation or other Page 15 incorporating documents that have been duly certified by the proper authorities and that show the full corporate name, officers and directors of the applicant; (g) contact information for the applicant; (h) proof that all property owners within 120 metres of the proposed location(s) have been notified of the proposed special event; (i) an application review fee of$500.00 payable at the time of submission; and Q) any other information or documentation that the Clerk deems necessary. Application — Additional Requirements 2.8 Without limiting the generality of clause 2.70), the Clerk may require an applicant to submit as part of an application, (a) an emergency plan that provides procedures to follow in the event of fire, extreme weather, criminal acts, personal injuries, medical or other emergencies, a description of all first aid services to be provided, a communication protocol, decision-making authority, evacuation procedures, the name(s) and contact information for all emergency personnel, and any other emergency preparedness information that the Director of Emergency and Fire Services may require; (b) a fire safety plan consistent with the provisions of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4 and the Ontario Fire Code, O. Reg. 213/07 to the satisfaction of the Director of Emergency and Fire Services; (c) a security plan that provides information respecting all security services dedicated to the special event, the roles and responsibilities of all security personnel, a communication protocol, decision-making authority, restricted areas, and any other security information that the Chief of Police and/or the Director of Emergency and Fire Services may require; (d) a traffic safety plan providing for the control of traffic and parking, including all vehicular, pedestrian and cyclist movements to, from and within the special event site and, where applicable, (i) detours of public transit routes and highways; (ii) emergency vehicle access and egress; (iii) public access and separation from hazardous areas; (iv) temporary barriers and devices necessary for traffic control or parking; Page 16 (v) designated accessible pick-up and drop-off locations for persons with disabilities; (vi) the pick-up and drop-off locations for buses, taxis and limousines; (vii) vehicles that exceed the load or dimension limits set out in Parts VII and VIII of the Highway Traffic Act, R.S.O. 1990, c. H.8; and (viii) such other traffic and parking information as the Director of Engineering Services may require; and/or (e) a waste management (including recycling) plan. 2.9 It is the applicant's sole responsibility to obtain and pay for all of the information and documentation required under sections 2.7 and 2.8. 2.10 The deadline for submitting the information and documentation required by sections 2.7 and 2.8 is 90 days prior to the special event. Review 2.11 The Clerk is authorized to receive and consider all applications, and to conduct all investigations necessary to determine whether a permit should be issued. 2.12 The Clerk may issue or refuse to issue any permit, and may include any conditions in a permit that she deems appropriate. 2.13 Prior to making a decision on any application, the Clerk shall consult with such Municipal Departments and other persons or agencies as she considers necessary. Additional Approvals 2.14 Prior to the proposed special event, the applicant shall ensure that all permits, licenses, approvals or other authorizations required under Municipal by-laws in relation to the special event have been obtained, including (if applicable) those relating to noise (By-law No. 2007-071), refreshment vehicles (By-law No. 2004- 114), peddlers (By-law No. 2005-206), exotic pets (By-law No. 2012-045), signs (By-law No. 2009-0123), fireworks (By-law No. 92-160), and temporary highway occupancy for special events (By-law No. 2014-___J. 2.15 Prior to the proposed special event, the applicant shall provide (if required by the Clerk) written confirmation that, (a) the emergency plan is satisfactory to the Director of Emergency and Fire Services; (b) the fire safety plan is satisfactory to the Director of Emergency and Fire Page 17 Services; (c) the security plan is satisfactory to the the Director of Emergency and Fire Services; (d) the traffic safety plan is satisfactory to the Director of Engineering Services; (e) the waste management plan is satisfactory to the Region's Health Department; (f) arrangements have been made to provide adequate police protection to the satisfaction of the Chief of Police; (g) all requirements of the Health Protection and Promotion Act, R.S.O. 1990, c. H.7 have been met to the satisfaction of the Region's Health Department; (h) appropriate arrangements for the provision of medical services or medical transport or the provision of first aid services by non-paramedic staff have been made to the satisfaction of Durham Emergency Medical Services; (i) the Region's Works Department has issued any water hydrant, sign or road occupancy permits in relation to highways under its jurisdiction; (j) the Alcohol and Gaming Commission of Ontario has issued all required licenses and permits relating to the serving or sale of alcohol; (k) the Municipality's Chief Building Official or a designate has issued all permits required under the Building Code Act, 1992, S.O. 1992, c. 23; (1) the Director of Finance has received all of the insurance, fees and security deposit required under Part 3; (m) the Technical Standards and Safety Association has issued all required licenses and permits for amusement devices, vessels, fuels or other matters regulated under the Technical Standards and Safety Act, 2000, S.O. 2000, c.16; and (n) the Electrical Safety Authority has issued all approvals required under the Ontario Electrical Safety Code, O. Reg. 164/99 relating to any electrical work. Large Events 2.16 If a special event has an expected daily attendance of more than 10,000 persons, (a) the requirements of section 2.8 (Application - Additional Requirements) Page 18 shall be mandatory; (b) the insurance required by section 3.1 shall be subject to limits of not less than $10 million; and (c) the Municipality's Chief Administrative Officer or a designate may co- ordinate and attempt to ensure the timely preparation and delivery of applicable agency comments under sections 2.14 and 2.15. Conditions 2.17 In addition to any other conditions that the Clerk may deem appropriate, every permit shall be subject to the following conditions: (a) The permit holder shall comply with all applicable laws. (b) The permit holder shall comply with all approved emergency, fire safety, security and traffic safety plans. (c) The permit holder shall ensure that all equipment and structures used for the special event are properly and lawfully installed, inspected, operated, used and dismantled. (d) The permit holder shall indemnify and save harmless the Municipality, its officers, employees and agents from and against all manner of actions, causes of action, claims, demands, losses and costs (collectively, "Claims") that may arise, be sustained, or prosecuted against the Municipality for or by reason of the granting of the permit or the performance of the permit holder under the permit (save and except Claims relating to Municipal negligence). (e) The permit holder shall maintain the special event site in a clean and sanitary condition for the duration of the special event. (f) The permit holder shall remove all debris from the special event site and, where required, adjacent properties within 72 hours of the conclusion of the special event. (g) The permit holder shall not use Clarington's corporate logos in any material advertising the special event without prior written approval. Amusement Devices 2.18 (1) In this section, "attendant" and "operator" have the same meanings as in subsection 1(1) of O. Reg. 221/01 passed under the Technical Standards and Safety Act, 2000, S.O. 2000, c.16. (2) Where amusement devices are part of a special event, the Clerk may Page ( 9 require as a condition of a permit that the operator provide current (not older than 6 months) criminal record checks (including a vulnerable sector search) for all attendants and may prohibit attendants from operating any amusement device unless a satisfactory criminal record check has been provided. Concerts 2.19 In the case of a special event that is a concert, the maximum level of audible sound measured at points of reception (at least 4) selected by the Manager of Municipal Law Enforcement near the boundaries of the property on which the special event will take place shall be as follows: Time Maximum Level of Audible Sound From 2:01 AM to 9:59 AM 45 dBA From 10:00 AM to 2:00 AM 60 dBA Refusal 2.20 Without limiting the generality of section 2.12, the Clerk may refuse to issue a permit if, (a) the applicant has not provided information or documentation required under sections 2.7 and 2.8 or did not provide such information or documentation within the time frame set out in section 2.10; (b) the applicant has not satisfied the requirements of section 2.14 or 2.15; (c) the applicant has knowingly submitted false, mistaken, incorrect or misleading information in support of the application; (d) the applicant or any principal, director or officer of the applicant has an outstanding debt to the Municipality relating to a special event; (e) there is reason to believe that the carrying on of the special event may result in a breach of any applicable law; (f) there are property taxes owing to the Municipality for the property on which the special event is to be held; or (g) the special event poses an unacceptable risk to the health and safety of any person or damage to property. Revocation 2.21 The Clerk may revoke a permit at any time without prior notice to the permit holder if, (a) it was issued in error; Page 110 (b) it was issued as a result of false, mistaken, incorrect or misleading information that was knowingly submitted by the applicant; (c) there are reasonable grounds to believe that the holding or continuation of the special event poses an unacceptable risk to the health and safety of any person or damage to property; (d) the permit holder is not in compliance with any license, permit, approval or authorization required under section 2.14 or 2.15; or (e) the permit holder is not in compliance with any permit condition. 2.22 The Clerk shall immediately inform the permit holder of a revocation and the reasons for it by means of contacting the permit holder at the address or at the coordinates provided in the application. The Clerk shall also inform all affected agencies. General 2.23 Every permit shall specify the name of the permit holder and the nature, location, date(s) and time(s) of the special event. 2.24 The issuance of a permit does not represent a commitment by the Municipality or the Clerk to issue a permit for any subsequent, continuing or similar event. 2.25 Permits are not transferrable. 2.26 No amendment shall be made to a permit without prior authorization by the Clerk. 2.27 The Clerk shall notify Council of all permits prior to the date of the special event. PART 3 — FINANCIAL Insurance 3.1 Every applicant shall provide proof of commercial general liability insurance acceptable to the Director of Finance and subject to limits of not less than 2 million dollars inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof, for the duration of the special event. 3.2 If deemed necessary by the Director of Finance, the applicant shall provide liability insurance in respect of licensed, owned or leased motor vehicles subject to a limit of not less than 2 million dollars inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. 3.3 If deemed necessary by the Director of Finance, the insurance shall include coverage for premises and operations liability, products and completed operations liability, cross liability, severability of interest clause, employees as Page 111 additional insured, contingent employer's liability, personal injury liability, incidental medical malpractice, owners and contractors malpractice, blanket contractual liability, and non-owned automobile liability. 3.4 All insurance shall be in the name of the permit holder and name the Municipality as an additional insured. This insurance shall be non-contributing with, and apply as primary and not as excess of, any insurance available to the Municipality. 3.5 All insurance shall contain the endorsement to provide the Municipality with 30 days prior written notice of any cancellation or change. 3.6 The Director of Finance may vary the monetary limits set out in section 3.1 or 3.2. Fees 3.7 No later than 20 calendar days after the receipt of a complete application, the Director of Finance shall issue an invoice to the applicant requesting payment for, (a) fire resources to be provided by the Department of Emergency and Fire Services; (b) noise monitoring and parking enforcement services to be provided by the Municipal Law Enforcement Division; and (c) any other services to be provided by the Municipality in relation to the special event. Security Deposit 3.8 The permit holder shall provide either cash or a letter of credit in a form acceptable to the Director of Finance as security for possible damage to Municipal property (including highways) or equipment, possible damage to adjacent private property, and for all of the permit holder's obligations under this by-law and the permit. The amount of the security shall be determined by the Director of Finance, but shall not exceed $30,000. Exemption 3.9 Clause 2.7(i) (application review fee), section 3.7 (fees) and section 3.8 (security deposit) shall not apply if the special event is for the sole benefit of a registered charitable or a registered not-for-profit organization that operates solely for cultural, educational, or religious goals, social welfare, recreation, amateur sport or any other similar community initiative for any purpose except profit. Page 112 PART 4 - ENFORCEMENT Applicants 4.1 No applicant shall give false or misleading information for the purpose of obtaining a permit. 4.2 Every applicant shall notify the Clerk in writing of any change in any of the information contained in an application within two days of the change. Permit Holders 4.3 A permit holder shall comply with all permit conditions. Officers 4.4 This by-law may be enforced by a police officer, a municipal law enforcement officer, the Clerk or the Director of Emergency and Fire Services. Inspections 4.5 A police officer, a municipal law enforcement officer, the Clerk or the Director of Emergency and Fire Services may, (a) enter upon any property (other than a dwelling unit) for the purpose of carrying out an inspection of a special event during its' set-up, occurrence or dismantling in order to determine whether the provisions of this by-law have been complied with; (b) require the production for inspection of any document or thing relevant to the inspection; (c) require the production of information relevant to the inspection; and (d) make examinations or take tests, samples or photographs necessary for the inspection. 4.6 No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken in accordance with this by-law. Offences and Penalties 4.7 Every person who contravenes any provision 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, c. P.33. 4.8 When a person has been convicted of an offence under this by-law, the Ontario Court of Justice or any court of competent jurisdiction thereafter may, in addition to any other penalty imposed, make an order prohibiting the continuation or Page ( 13 repetition of the offence by the person convicted. PART 5 - GENERAL Short Title 5.1 The short title of this by-law shall be the "Special Events on Private Property By- law". Repeal 5.2 By-Law No. 91-56 (as amended) and By-Law No. 78-50 (as amended) are repealed. Effective Date 5.3 This by-law shall be effective on the date that it is passed. By-law passed this 3rd day of March, 2014. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT NO. 2 TO REPORT LGL-003-14 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2014-XXX A by-law regulating special events on municipal highways WHEREAS paragraph 1 of subsection 11(3) of the Municipal Act, 2009, S.O. 2001, c.25 authorizes municipalities to pass by-laws respecting highways under their jurisdiction; and WHEREAS the Municipality wishes to ensure cooperation among the various agencies involved in and affected by special events in order to (a) enhance the quality of life for residents; (b) further tourism and economic development; (c) protect public health and safety; and (d) avoid unnecessary disruptions in the community. WHEREAS sections 23.1 and 23.2 of the Municipal Act, 2001, S.O. 2001, c.25 authorize municipalities to delegate the power to close a highway temporarily; and WHEREAS the Municipality wishes to regulate the temporary occupancy of highways under its jurisdiction for special events. 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, unless otherwise specified, "amusement device" has the same meaning as in subsection 1(1) of O. Reg. 221/01 passed under the Technical Standards and Safety Act, 2000, S.O. 2000, c.16; "applicable laws" means all federal, provincial and municipal laws, by-laws, rules, regulations, orders, approvals, permits, standards, and all other governmental requirements applicable to a special event; "applicant" means a person applying for a permit; "application" means an application for a permit; "Chief of Police" means the Chief of Police of the Durham Regional Police Service or a designate; "Director" means the Municipality's Director of Engineering Services or a designate; Page 12 "Director of Emergency and Fire Services" means the Municipality's Director of Emergency and Fire Services or a designate; "Director of Finance" means the Municipality's Director of Finance or a designate; "Director of Operations" means the Municipality's Director of Operations or a designate; "highway" has the same meaning as in subsection 1(1) of the Municipal Act, 2001, S.O. 2001, c.25; "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "permit" means a permit issued under this by-law to temporarily occupy a portion of highway for a special event; "person" includes an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and their heirs, executors or legal representatives; "Region" means The Regional Municipality of Durham; "special event" means a demonstration, parade, procession, organized walk or run, bicycle ride or race, filming event, street dance, residential block party, rally, fair, sidewalk sale, festival, carnival, and any cultural, recreational, educational or similar event; and "vehicle" means a motor vehicle, as defined under the Highway Traffic Act, R.S.O. 1990, c. H.8, a trailer, traction engine, farm tractor, or any other vehicle that is dawn, propelled or driven by any kind of power including motorized snow vehicles, all-terrain vehicles and electric vehicles. References 1.2 In this by-law, reference to any Act, By-law or Policy is reference to that Act, By- law or Policy as it is amended or re-enacted from time to time. 1.3 Unless otherwise specified, references in this by-law to Parts or sections are references to Parts or 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. Page 13 Severability 1.6 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. Application 1.7 This by-law applies to all highways under the jurisdiction of the Municipality. PART 2— PERMITS Permit Required 2.1 No person shall hold or carry on, or permit to be held or carried on, a special event on a Municipal highway without a permit. Application — Minimum Requirements 2.2 Every application shall be completed and submitted on forms prescribed by the Director. 2.3 Every application shall include, (a) a sketch showing, (i) the area of the highway on which the special event will be held or the route to be followed; (ii) the proposed location of any marshals and volunteers; (iii) the proposed location of any barricades or other barriers; and (iv) any proposed detours of public transit routes (Durham Region Transit and GO Transit) and highways; (b) details of the special event including a description of any proposed, (i) fireworks; (ii) amusement devices; (iii) food sales or service; (iv) sound equipment; (v) generators, propane appliances and any other specialized equipment to be used during the special event, including the type of Page 14 fuel used to operate the equipment; (vi) vendors of any type; (vii) vehicles of any type including floats and displays (viii) signage; (ix) use of exotic pets; and (x) temporary structures such as tents larger than 30 m2 or 323 ft2 (Fire Code) or larger than 60 m2 or 646 ft2 (Building Code); (c) an estimate of the number of persons expected to attend the special event; (d) an estimate of the number of volunteers expected to participate in the special event; (e) the date(s) and time(s) of the special event; (f) proof of the insurance described in section 3.1; (g) satisfactory proof that the applicant is at least 18 years of age or, if the applicant is a corporation, copies of the letters of incorporation or other incorporating documents that have been duly certified by the proper authorities and that show the full corporate name, officers and directors of the applicant; (h) contact information for the applicant; and (i) any other information or documentation that the Director deems necessary. Application — Additional Requirements 2.4 Without limiting the generality of clause 2.3(i), the Director may require an applicant to submit as part of an application, (a) a traffic safety plan providing for the control of traffic and parking, including all vehicular, pedestrian and cyclist movements to, from and within the special event location; and (b) a waste management (including recycling) plan. 2.5 The deadline for submitting the information and documentation required by sections 2.3 and 2.4 is 60 days prior to the special event. Fees and Charges 2.6 (1) In this section, Page 15 "charity" means a registered charitable or registered not-for-profit organization that operates for cultural, educational, or religious goals, social welfare, recreation, amateur sport or any other similar community initiative for any purpose except profit; and "exempt applicant" means a charity, a local board of the Municipality (which includes a board of management of a business improvement area), the Bowmanville Santa Claus Parade Committee and the Courtice Santa Claus Parade Committee. (2) If an applicant is not an exempt applicant, an application shall include an application review fee of$500.00. (3) If an applicant is not an exempt applicant, the Director may require a refundable deposit as security for possible damage to Municipal property or equipment, possible damage to adjacent private property, clean up costs, and all other obligations of the permit holder under this by-law and the permit. (4) If an applicant is not an exempt applicant, it shall, at its expense, take all necessary action to ensure public safety and shall comply with all of the timeframes, guidelines, signage and layout requirements of the Ontario Traffic Manual, Book 7 as they relate to temporary highway occupancy. (5) If an applicant is an exempt applicant, the Municipal Operations Department shall, at no cost, dedicate the necessary resources to ensure public safety and ensure compliance with all of the timeframes, guidelines, signage and layout requirements of the Ontario Traffic Manual, Book 7 as they relate to temporary highway occupancy. Review 2.7 The Director is authorized to receive and consider all applications, and to conduct all investigations necessary to determine whether a permit should be issued. 2.8 The Director may issue or refuse to issue any permit, and may include any conditions in a permit that he deems appropriate. 2.9 Prior to making a decision on any application, the Director shall consult with such other persons or agencies as he considers necessary. 2.10 When reviewing an application, the Director shall consider, (a) any potential adverse effect on public health and safety; (b) any potential inconvenience to the public; (c) any potential traffic impacts, including the adequacy of detour routes; Page 16 (d) any concerns for the security of persons or property; (e) the adequacy of police security for the special event including the adequacy of arrangements for assembly and disassembly; (f) the adequacy of alternate fire and emergency response; (g) if the highway is a public transit route, the adequacy of an acceptable alternate public transit route; (h) whether the special event may result in the breach of any applicable law; (i) the adequacy of arrangements for the convenience and comfort of participants in the special event; and Q) whether the past or present conduct of the applicant or the organization sponsoring or conducting the special event affords reasonable grounds to believe that the special event may not be carried in a lawful, safe, secure, peaceful and controlled manner. Additional Approvals 2.11 The applicant shall ensure that all permits, licenses, approvals or other requirements under Municipal by-laws or policies in relation to the special event have been obtained or met, including (if applicable) those relating to noise (By- law No. 2007-071), refreshment vehicles (By-law No. 2004-114), peddlers (By- law No. 2005-206), exotic pets (By-law No. 2012-045), signs (Community Festival/Event Promotional Temporary Signage Policy adopted by Council in 2010 through Report COD-046-10) and fireworks (By-law No. 92-160). 2.12 Prior to issuing a permit, the Director shall ensure (where applicable) that, (a) all emergency and fire safety issues have been addressed to the satisfaction of the Director of Emergency and Fire Services; (b) all road and sidewalk safety issues have been addressed to the satisfaction of the Director of Operations; (c) the waste management plan is satisfactory to the Regional Health Department; (d) arrangements have been made to provide adequate police protection to the satisfaction of the Chief of Police; (e) any proposed detours of public transit routes are acceptable to GO Transit or Durham Region Transit as the case may be; (f) all requirements of the Health Protection and Promotion Act, R.S.O. 1990, Page 17 c. H.7 have been met to the satisfaction of the Regional Health Department; (g) appropriate arrangements for the provision of medical services or medical transport or the provision of first aid services by non-paramedic staff have been made to the satisfaction of Durham Emergency Medical Services; (h) the Region's Works Department has issued any necessary water hydrant, sign or road occupancy permits in relation to highways under its jurisdiction; (i) the Municipality's Chief Building Official or a designate has issued all permits required under the Building Code Act, 1992, S.O. 1992, c. 23; (j) the Director of Finance has received any additional insurance required under Part 3; (k) the Technical Standards and Safety Association has issued all required licenses and permits for amusement devices, vessels, fuels or other matters regulated under the Technical Standards and Safety Act, 2000, S.O. 2000, c.16; (1) the Electrical Safety Authority has issued all approvals required under the Ontario Electrical Safety Code, O. Reg. 164/99 relating to any electrical work; and (m) all other Municipal permits, licenses, approvals or other authorizations that are required for the special event have been obtained. Conditions 2.13 In addition to any other conditions that the Director may deem appropriate, every permit shall be subject to the following conditions: (a) The permit holder shall comply with all applicable laws. (b) The permit holder shall notify (either personally or by mail) all owners and occupiers of property (including churches) whose access may be affected by the temporary occupancy at least 10 days in advance of the special event. (c) The permit holder shall ensure that no vehicle, float, trailer or other display shall be used that is of such height as to interfere with official signs, traffic control signal displays, electric, light, telephone or other wires or cables on the highway. (d) The permit holder shall indemnify and save harmless the Municipality, its officers, employees and agents from and against all manner of actions, causes of action, claims, demands, losses and costs that may arise, be Page 18 sustained, or prosecuted against the Municipality for or by reason of the granting of the permit or the performance of the permit holder under the permit whether with or without negligence on the part of the permit holder. (e) The permit holder shall maintain the special event site in a clean and sanitary condition for the duration of the special event. (f) The permit holder shall remove all debris from the special event site and, where required, adjacent properties immediately upon completion of the special event. (g) The permit holder shall not use Clarington's corporate logos in any material advertising the special event without prior written authorization. Refusal 2.14 Without limiting the generality of section 2.8, the Director may refuse to issue a permit if, (a) the applicant has not provided information or documentation required under sections 2.3 and 2.4 or did not provide such information or documentation within the time frame set out in section 2.5; (b) the applicant has not satisfied the requirements of section 2.6, 2.11 or 2.12; (c) the applicant has submitted false, mistaken, incorrect or misleading information in support of the application; (d) the applicant or any principal, director or officer of the applicant has an outstanding debt to the Municipality relating to a special event; (e) there is reason to believe that the carrying on of the special event may result in a breach of any applicable law; or (f) the special event poses an unacceptable risk to the health and safety of any person or damage to property. Revocation 2.15 The Director may revoke a permit at any time without prior notice to the permit holder if, (a) it was issued in error; (b) it was issued as a result of false, mistaken, incorrect or misleading information in the application; Page ( 9 (c) there are reasonable grounds to believe that the holding or continuation of the special event poses an unacceptable risk to the health and safety of any person or damage to property; (d) the permit holder is not in compliance with any license, permit, approval or authorization required under section 2.11 or 2.12; or (e) the permit holder is not in compliance with any permit condition. 2.16 The Director shall immediately inform the permit holder of a revocation and the reasons for it by means of contacting the permit holder at the address or at the coordinates provided in the application. General 2.17 Where a permit has been issued, the Director may temporarily close or restrict access to any portion of a highway to pedestrians or vehicular traffic, or both, and may cause to be erected such barricades and other barriers as may be needed to preserve public order and protect persons and property during the special event. 2.18 Every permit shall specify the name of the permit holder, and the nature, location, date(s) and time(s) of the special event. 2.19 The issuance of a permit does not represent a commitment by the Municipality or the Director to issue a permit for any subsequent, continuing or similar event. 2.20 Permits are not transferrable. 2.21 No amendment shall be made to a permit without prior authorization by the Director. 2.22 The Director shall notify Council of all permits prior to the date of the special event. PART 3 — INSURANCE Insurance 3.1 Every applicant shall provide proof of commercial general liability insurance acceptable to the Director of Finance and subject to limits of not less than 2 million dollars inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof, for the duration of the special event. 3.2 If deemed necessary by the Director of Finance, the applicant shall provide liability insurance in respect of licensed, owned or leased motor vehicles subject to a limit of not less than 2 million dollars inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. Page 110 3.3 If deemed necessary by the Director of Finance, the insurance shall include coverage for premises and operations liability, products and completed operations liability, cross liability, severability of interest clause, employees as additional insured, contingent employer's liability, personal injury liability, incidental medical malpractice, owners and contractors malpractice, blanket contractual liability, and non-owned automobile liability. 3.4 All insurance shall be in the name of the permit holder and shall name the Municipality as an additional insured. This insurance shall be non-contributing with, and apply as primary and not as excess of, any insurance available to the Municipality. 3.5 All insurance shall contain the endorsement to provide the Municipality with 30 days prior written notice of any cancellation or change. 3.6 The Director of Finance may vary the monetary limits set out in section 3.1 or 3.2. PART 4 - REGULATIONS Applicants 4.1 No applicant shall give false or misleading information for the purpose of obtaining a permit. 4.2 Every applicant shall notify the Director in writing of any change in any of the information contained in an application within two days of the change. Permit Holders 4.3 A permit holder shall comply with all permit conditions. PART 5 — ENFORCEMENT Officers 5.1 This by-law may be enforced by a police officer, a municipal law enforcement officer or the Director. Inspections 5.2 A police officer, a municipal law enforcement officer or the Director may, (a) enter upon any property (other than a dwelling unit) for the purpose of carrying out an inspection of a special event during its' set-up, occurrence or dismantling in order to determine whether the provisions of this by-law have been complied with; Page 111 (b) require the production for inspection of any document or thing relevant to the inspection; (c) require the production of information relevant to the inspection; and (d) make examinations or take tests, samples or photographs necessary for the inspection. 5.3 No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken in accordance with this by-law. Offences and Penalties 5.4 Every person who contravenes any provision 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, c. P.33. 5.5 When a person has been convicted of an offence under this by-law, the Ontario Court of Justice or any court of competent jurisdiction thereafter may, in addition to any other penalty imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. PART 6 - GENERAL Short Title 6.1 The short title of this by-law shall be the "Special Events on Municipal Highways By-law". Repeal 6.2 By-Law No. 83-32 (as amended) and By-Law No. 83-57 (as amended) are repealed. Effective Date 6.3 This by-law shall be effective on the date that it is passed. By-law passed this 3rd day of March, 2014. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT NO. 3 TO REPORT LGL-003-14 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2014-XXX A by-law regulating temporary road occupancy WHEREAS paragraph 1 of subsection 11(3) of the Municipal Act, 2001, S.O. 2001, c.25 authorizes municipalities to pass by-laws respecting highways under their jurisdiction; and WHEREAS sections 23.1 and 23.2 of the Municipal Act, 2001, S.O. 2001, c.25 authorize municipalities to delegate the power to close a highway temporarily; and WHEREAS the Municipality wishes to regulate the temporary closure of highways under its jurisdiction for construction activity. 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, unless otherwise specified, "applicable laws" means all federal, provincial and municipal laws, by-laws, rules, regulations, orders, approvals, permits, standards, and all other governmental requirements applicable to any construction activity and a temporary highway closure or occupancy; "applicant' means a person applying for a permit; "application" means an application for a permit; "construct' includes erect, install, repair and maintain; "construction activity" means any construction or other activity that requires temporary closure of a portion of a Municipal highway to the public including, (a) construction of any utility company infrastructure; (b) installation of municipal services in accordance with an approved site plan, subdivision plan or other development agreement; (c) construction on residential properties including pools, fences, gate posts and mailboxes; (d) felling of trees; (e) installation of drainage works; Page 12 (f) erection of banners or signs; (g) erection of scaffolding or hoarding; (h) parking of construction vehicles; (i) placement of construction equipment (e.g. mobile cranes); (j) placement of dumpsters; and (k) storage of construction materials; "Director" means the Municipality's Director of Engineering Services or a designate; "highway" has the same meaning as in subsection 1(1) of the Municipal Act, 2001, S.O. 2001, c.25; "Municipality" means The Corporation of the Municipality of Clarington or the geographic area of Clarington, as the context requires; "permit" means a permit issued under this by-law to temporarily close a portion of highway for construction activity or to occupy a highway to transport vehicles, loads, objects or structures in excess of the load and dimension limits set out in Parts VII and VIII of the Highway Traffic Act, R.S.O. 1990, c. H.8; "person" includes an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and their heirs, executors or legal representatives; and "work area" means the area of a highway that is to be temporarily closed. References 1.2 In this by-law, reference to any Act or Manual is reference to that Act or Manual as it is amended or re-enacted from time to time. 1.3 Unless otherwise specified, references in this by-law to Parts or sections are references to Parts or 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. Severability 1.6 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- Page 13 law. Application 1.7 This by-law applies to all highways under the jurisdiction of the Municipality. PART 2 — PERMITS Permit Required 2.1 No person shall undertake, or permit to be undertaken, any construction activity on a Municipal highway without a permit. 2.2 No person shall use any Municipal highway to transport any vehicles, loads, objects or structures in excess of the load and dimension limits set out in Parts VII and VIII of the Highway Traffic Act, R.S.O. 1990, c. H.8 without a permit. Application — Minimum Requirements 2.3 Every application shall be completed and submitted on forms prescribed by the Director. 2.4 Every application shall include, (a) a sketch showing the proposed work area and the proposed location of any barricades or other barriers; (b) the date(s) and time(s) that the work area needs to be temporarily closed or occupied; (c) proof of the insurance described in section 3.1; (d) satisfactory proof that the applicant is at least 18 years of age or, if the applicant is a corporation, copies of the letters of incorporation or other incorporating documents that have been duly certified by the proper authorities and that show the full corporate name, officers and directors of the applicant; (e) contact information for the applicant; and (f) any other information or documentation that the Director deems necessary. 2.5 Without limiting the generality of clause 2.4(f), the Director may require an applicant to submit a traffic safety plan providing for the control of traffic and parking, including all vehicular, pedestrian and cyclist movements to, from and within the work area and additional insurance described in Part 3. Page 14 2.6 The deadline for submitting the information and documentation required by sections 2.4 and 2.5 is 10 days prior to the date that work area needs to be temporarily closed. Fee 2.7 (1) In this section, "charity" means a registered charitable or registered not-for- profit organization that operates for cultural, educational, or religious goals, social welfare, recreation, amateur sport or any other similar community initiative for any purpose except profit. (2) Unless the construction activity is solely for the benefit of a charity, the Director may require, as a permit condition, that an applicant pay for any municipal services (e.g. resources provided by the Municipality's Engineering Services Department, Operations Department or Emergency and Fire Services Department) that are required as part of the temporary highway closure or occupancy. Security Deposit 2.8 The Director may require the permit holder to provide a refundable deposit as security for possible damage to Municipal property or equipment, possible damage to adjacent private property, clean up costs, and all other obligations of the permit holder under this by-law and the permit. Review 2.9 The Director is authorized to receive and consider all applications, and to conduct all investigations necessary to determine whether a permit should be issued. 2.10 The Director may issue or refuse to issue any permit, and may include any conditions in a permit that he deems appropriate. 2.11 Prior to making a decision on any application, the Director shall consult with such other persons or agencies as he considers necessary. 2.12 When reviewing an application, the Director shall consider, (a) any potential adverse effect on public health and safety; (b) any potential inconvenience to the public; (c) any potential traffic impacts, including the adequacy of detour routes; (d) any concerns for the security of persons or property; and (e) whether the past or present conduct of the applicant affords reasonable Page 15 grounds to believe that the special event may not be carried in a lawful, safe, secure, peaceful and controlled manner. Conditions 2.13 In addition to any other conditions that the Director may deem appropriate, every permit issued to temporarily close a portion of a highway for construction activity shall be subject to the following conditions: (a) The permit holder shall comply with all applicable laws. (b) The permit holder shall comply with all of the timeframes, guidelines, signage and layout requirements of the Ontario Traffic Manual, Book 7 as they relate to temporary highway closures. (c) The permit holder shall notify (either personally or by mail) all owners and occupiers of property (including churches) whose access may be affected by the temporary closure at least 10 days in advance of the temporary closure. (d) The permit holder shall ensure that no construction equipment is of such height as to interfere with official signs, traffic control signal displays, electric, light, telephone or other wires or cables on the highway. (e) The permit holder shall indemnify and save harmless the Municipality, its officers, employees and agents from and against all manner of actions, causes of action, claims, demands, losses and costs that may arise, be sustained, or prosecuted against the Municipality for or by reason of the granting of the permit or the performance of the permit holder under the permit whether with or without negligence on the part of the permit holder. (f) The permit holder shall maintain the work area in a.clean and sanitary condition for the duration of the permit. (g) The permit holder shall remove all debris from the work area and, where required, adjacent properties prior to the expiration of the permit. Refusal 2.14 Without limiting the generality of section 2.10, the Director may refuse to issue a permit if, (a) the applicant has not provided information or documentation required under sections 2.4 and 2.5 or did not provide such information or documentation within the time frame set out in section 2.6; (b) the applicant has not provided,the security required under section 2.8; Page 16 (c) the applicant has submitted false, mistaken, incorrect or misleading information in support of the application; (d) the applicant or any principal, director or officer of the applicant has an outstanding debt to the Municipality relating to a permit; or (e) the requested temporary occupancy poses an unacceptable risk to the health and safety of any person or damage to property. Revocation 2.15 The Director may revoke a permit at any time without prior notice to the permit holder if, (a) it was issued in error; (b) it was issued as a result of false, mistaken, incorrect or misleading information-in the application; (c) there are reasonable grounds to believe that the continuation of the temporary occupancy or closure poses an unacceptable risk to the health and safety of any person or damage to property; or (d) the permit holder is not in compliance with any permit condition. 2.16 The Director shall immediately inform the permit holder of a revocation and the reasons for it by means of contacting the permit holder at the address or at the coordinates provided in the application. General 2.17 Where a permit has been issued, the Director may temporarily close any portion of a highway to pedestrians or vehicular traffic, or both, and may cause to be erected such barricades and other barriers as may be needed to preserve public order and protect persons and property. 2.18 Every permit shall specify the name of the permit holder, the location of the work area, and date(s) and time(s) that the highway may be temporarily occupied or closed. 2.19 The issuance of a permit does not represent a commitment by the Municipality or the Director to issue a permit for any subsequent, continuing or similar construction activity. 2.20 Permits are not transferrable. 2.21 No amendment shall be made to a permit without prior authorization by the Director. Page ( 7 PART 3 — INSURANCE Insurance 3.1 Every applicant shall provide proof of commercial general liability insurance acceptable to the Director of Finance and subject to limits of not less than 2 million dollars inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof, for the duration of the special event. 3.2 If deemed necessary by the Director of Finance, the applicant shall provide liability insurance in respect of licensed, owned or leased motor vehicles subject to a limit of not less than 2 million dollars inclusive per occurrence for bodily injury, death and damage to property including loss of use thereof. 3.3 If deemed necessary by the Director of Finance, the insurance shall include coverage for premises and operations liability, products and completed operations liability, cross liability, severability of interest clause, employees as additional insured, contingent employer's liability, personal injury liability, incidental medical malpractice, owners and contractors malpractice, blanket contractual liability, and non-owned automobile liability. 3.4 All insurance shall be in the name of the permit holder and shall name the Municipality as an additional insured. This insurance shall be non-contributing with, and apply as primary and not as excess of, any insurance available to the Municipality. 3.5 All insurance shall contain the endorsement to provide the Municipality with 30 days prior written notice of any cancellation or change. 3.6 The Director of Finance may vary the monetary limits set out in section 3.1 or 3.2. PART 4 - REGULATIONS Applicants 4.1 No applicant shall give false or misleading information for the purpose of obtaining a permit. 4.2 Every applicant shall notify the Director in writing of any change in any of the information contained in an application within two days of the change. Permit Holders 4.3 A permit holder shall comply with all permit conditions. Page 18 PART 5— ENFORCEMENT Officers 5.1 This by-law may be enforced by a police officer, a municipal law enforcement officer or the Director. Inspections 5.2 A police officer, a municipal law enforcement officer or the Director may, (a) enter upon any property (other than a dwelling unit) for the purpose of carrying out an inspection under this by-law; (b) require the production for inspection of any document or thing relevant to the inspection; (c) require the production of information relevant to the inspection; and (d) make examinations or take tests, samples or photographs necessary for the inspection. 5.3 No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken in accordance with this by-law. Offences and Penalties 5.4 Every person who contravenes any provision 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, c. P.33. 5.5 When a person has been convicted of an offence under this by-law, the Ontario Court of Justice or any court of competent jurisdiction thereafter may, in addition to any other penalty imposed, make an order prohibiting the continuation or repetition of the offence by the person convicted. PART 6 - GENERAL Short Title 6.1 The short title of this by-law shall be the "Road Occupancy By-law". Page 19 Effective Date 6.2 This by-law shall be effective on the date that it is passed. By-law passed this 3rd day of March, 2014. Adrian Foster, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT NO. 4 TO REPORT LGL-003-13 2013 Special Events Event Event Name Location Organizer 1 Easter Dash Courtice Nancy McGarvie, Platinum Fitness 2 Maple Festival Bowmanville Bowmanville BIA 3 MS Walk Bowmanville MS Society of Canada 4 Big 3-on-3 Road Hockey Bowmanville Big Brothers Big Sisters of Clarington 5 Ride with the Mayors Rural United Way of Durham Region 6 Miles for Styles Charity Walk Bowmanville Thomas Baillie Hair 7 Alfie Shrubb Classic Rural Alfie Shrubb Classic 8 Ragnar Relay Niagara Ontario Rural Ragnar Events, LLC 9 Summerfest Bowmanville Bowmanville BIA 10 Gabby's Gift Walk Bowmanville Spina Bifida Association of Canada 11 Orono Community Memorial Park Parade Orono Orono BIA 12 Canada Day at the Museum Bowmanville Clarington Museums and Archives 13 Orange Parade Orono Kendal Orange Lodge 14 Orono Antique&Art Show Orono Orono BIA 15 August Moonlight Madness Bowmanville Bowmanville BIA 16 Adults of Steel Triathlon Courtice Courtice Kids Multisport Series 17 Kids of Steel Triathlon Courtice Courtice Kids Multisport Series 18 Ride 4 United Way Rural United Way of Durham Region 19 Orono Fair Parade Orono Orono Fair 20 Terry Fox Run Various The Terry Fox Foundation 21 Take Back The Night-Evening March Bowmanville Bethesda House 22 Orono Chili Cook-off Orono Orono BIA 23 Fall Festival Newcastle Newcastle BIA 24 Walk for Dog Guides/Running Maniacs Newcastle Newcastle Lions Club 25 Ride for Refuge Rural Gate 3:16 26 Apple Fest Bowmanville Bowmanville BIA 27 Remembrance Day Bowmanville Royal Canadian Legion 28 Remembrance Day Newcastle Royal Canadian Legion 29 Remembrance Day Orono Royal Canadian Legion 30 Remembrance Day Newtonville Royal Canadian Legion 31 Santa Claus Parade Bowmanville Bowmanville Santa Claus Parade Committee 32 Santa's Fireworks& Parade Newcastle Newcastle BIA 33 Holiday Train Bowmanville Municipality of Clarington 34 Santa Claus Parade Orono Orono BIA 35 Santa Claus Parade Courtice Courtice Santa Claus Parade Committee 36 IFarme rs' Festival of Lights Parade Enniskillen AACC Agricultural Advisory Committee 37 IChristmas Moonlight Magic Bowmanville Bowmanville BIA