HomeMy WebLinkAboutCD-11-91 THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: GENRAL PURPOSE AND ADMINISTRATION COMMITTEE File#
Date: APRIL 22, 1991 Res. #
By-Law#
Report#: CD-11-91 File #:
Subject: AMENDMENT TO BY-LAW 78-50, AS AMENDED, AND BY-LAW TO
REGULATE AND LICENCE CERTAIN EXHIBITIONS HELD FOR HIRE OR
GAIN IN THE TOWN OF NEWCASTLE
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report CD-11-91 be received;
2 . THAT the by-laws attached to Report CD-11-91 be forwarded to
Council for passage; and
3 . THAT the Durham Regional Police Force, the Medical Officer
of Health, Mosport Park Limited and any persons who appeared
as delegations be advised of Council's decision.
BACKGROUND AND COMMENT:
Since the fall of 1990 Town staff and the Town solicitor have met
on numerous occasions to address shortcomings in By-law #78-50,
as amended, which regulates the holding of certain public
entertainments, festivals and parades within the Town of
Newcastle.
Presently the by-law requires that a licence is to be obtained
before any person, corporation, organization or association may
hold or conduct a public entertainment, parade or festival within
the limits of the Town. The by-law states that a licence fee of
$100. 00 is payable in respect of each public entertainment,
parade or festival which is not held for a "charitable purpose"
within the meaning of the by-law.
Continued . . . . . /2
to
Report CD-11-91 - 2 - April 22, 1991
As it stands presently, By-law #78-50 does not distinguish
between events that are held on Town-owned property (such as road
allowances, parks and recreation centres for which a separate
licence or lease is also required) and those held on private
property. This issue, together with the description of the
Region of Durham Police Service, the amount of the licence fee
and the offence provision, require updating. The amending
by-law attached hereto addresses these matters.
It is proposed that By-law #78-50 be restricted to public
entertainment, parades or festivals and a proposed companion
by-law, which is attached hereto, to regulate and licence certain
exhibitions held for hire or gain in the municipality will apply.
This proposed by-law will apply to a concert, musical exhibition,
folk festival or other gatherings at which entertainment is
provided, a fee for admission is paid by those persons in
attendance, and the persons in attendance are accommodated out of
doors or on seats that are not located within a building. This
by-law will require a licence to be obtained at least 30 days
prior to the proposed date of commencement of the exhibition held
for hire or gain and limits the maximum number of persons who may
attend to the number specified in the licence. The licence fee
of $300. 00 is waived in the case of a "Registered Charity" as
defined in the by-law. The application and the required
indemnity agreement with the Town must be signed by all
applicants for the licence, including the owner of the land and
the leasehold interests in the land on which the exhibition is to
be held if he or they are not the operators of the exhibition.
This clause is intended to avoid the type of dispute which arose
in 1990 with respect to Mosport Park Limited's refusal to agree
to indemnify and save harmless the Town in respect of the
proposed rock concert at Mosport Park.
The by-law states that the application for licence must be
submitted to the Town Clerk at least 45 days before the proposed
date of commencement of the exhibition in question. All
supporting information, payments and cheques required to be
provided in conjunction with the application, must be submitted
to the Town Clerk at least 30 days prior to the proposed date of
commencement of the exhibition. Further, an exhibition held for
hire or gain cannot be lawfully held unless a licence is issued
under the by-law at least 30 days before the proposed date of
Continued . . . . . /3
Report CD-11-91 - 3 - April 22, 1991
commencement of the exhibition. This ensures that adequate
arrangements, financial and otherwise, are in place within a
reasonable period of time prior to commencement of the
exhibition. This is an important factor if adequate police, fire
and health protection services are to be available. Exemption
provisions within the by-law will exempt a licensee or lessee of
a road allowance, park, recreation centre or the Municipal
Administrative Centre from requiring what would otherwise amount
to two licences if the proposed exhibition is to be held on Town-
owned property. Appropriate covenance and conditions paralleling
those set out in the by-law, may be included in the lease or
licence of Town-owned property. Also a licence will not be
required under the by-law for events attended by fewer than 250
persons who have paid attendance.
During the process of drafting these by-laws, copies were
circulated to the Durham Regional Police Chief, the Medical
Officer of Health and Mosport Park Limited, and their comments
have been addressed in the proposed by-laws . Also, notices of
the intention to pass these by-laws has been published in the
local newspapers and circulated to all property owners within 120
metres of Mosport Park for information.
It is, therefore, respectfully recommended that the by-laws
attached hereto be forwarded to Council for passage.
Respectfully submitted Recommended for Presentation
To Council
PattifL. -Barr e, A.M.C.T. Law nce E otseff, M.C.I .P.
To Clerk Chief Admf�' trative Officer
PLB/ms
Attachment
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91-
being a by-law to further amend By-law No. 78-50,
as amended, to regulate the holding of certain
public entertainments, festivals and parades
within the Town of Newcastle
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it advisable to further amend By-law 78-50,
NOW THEREFORE the Council of the Town of Newcastle enacts as
follows:
1. By-law No. 78-50, as amended by By-law No. 86-108 and
by-law No. 90-114, is further amended by:
a) amending paragraph 2(b) thereof by adding after the
words the "Region of Durham", the words "Police
Service";
b) repealing paragraph 2(c) thereof and replacing it with
a new paragraph 2(c) as follows:
"2(c) deposit with the Clerk of the Town of Newcastle 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
Town of Newcastle 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";
c) repealing Sections 4, 5, and 6 thereof and replacing
them with new Sections 4, 5, and 6 as follows:
"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
($300.00) dollars.
5. Any person who contravenes any provision of this
By-law is guilty of an offence.
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 Town of Newcastle
b) on or in a park or recreational facility
owned and/or operated by the Town of
Newcastle, or
c) on or in the Town of Newcastle Administrative
Centre, 40 Temperance Street, Bowmanville,
Ontario"; and
d) renumbering Sections 7 and 8 thereof as Sections 8 and
9, and adding a new Section 7 as follows:
6
By-law 91- - 2 -
"7. This By-law does not apply to a public
entertainment, parade or festival to which
By-law No. 91- applies and for which a
license for an 'exhibition held for hire or
gain' within the meaning of By-law No. 91-
has been issued, so long as such license is
not revoked pursuant to By-law No. 91- ".
2. This By-law shall come into full force and effect
immediately on the final passing of it.
BY-LAW read a first and second time this 29th day of April 1991.
BY-LAW read a read a third time and finally passed this 29th day
of April, 1991.
MAYOR
CLERIC
EJ
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW NUMBER 91-
being a By-law to regulate and license certain
exhibitions held for hire or gain in the
municipality
WHEREAS the Council of the Corporation of the Town of Newcastle
deems it expedient to regulate and license certain exhibitions
held for hire or gain in the municipality,
NOW THEREFORE the Council of the Corporation of the Town of
Newcastle enacts as follows:
1. For the purposes of this By-law, the term:
a) "applicant" means the person who is required to sign an
application for a license for an exhibition held for
hire or gain, and where more than one person is
required to sign an application for a license by
subsection 3(1) of this By-law, the term "applicant"
includes each person who is so required to sign the
application in question;
b) "charitable organization" means a charitable
organization whether or not incorporated, all the
resources of which were devoted to charitable
activities carried on by the organization itself
and no part of the income of which was payable to, or
was otherwise available for the personal benefit of,
any proprietor, member of shareholder thereof;
C) "exhibition held for hire or gain" means a concert,
a musical exhibition, a folk festival, or other
gathering,
(i) at which entertainment is provided to the
persons who attend,
(ii) a fee for admission is paid by the persons
who attend, and
(iii) the persons who attend are accommodated
outdoors or on seats that are not located
within a building,
and the term "exhibition held for hire or
gain" includes a proposed exhibition held for
hire or gain where that meaning is required
by the context in which the term is used;
d) "fee for admission" means a charge in money or monies'
worth for the right to attend an exhibition held for
hire or gain and includes a membership fee in a club,
organization, or association which entitles the member
to attend an exhibition held for hire or gain;
e) "land" means land located in the Town of Newcastle;
f) "municipality" means the Corporation of the Town of
Newcastle;
g) "Region" means the Regional Municipality of Durham.
6 6
By-law 91- - 2 -
2. No person shall hold an exhibition held for hire or gain on
any land or permit an exhibition held or gain to be held on
any land unless:
a) at least 30 days prior to the proposed date of
commencement of the exhibition held for hire or gain
a license therefor has been issued by the Clerk of the
municipality pursuant to this By-law; and
b) no greater number of persons who pay a fee for
admission in fact attend the exhibition held for hire
or gain at any time(s) than the maximum number of
persons specified in the licence who may attend the
exhibition held for hire or gain at the particular
time(s) . .
3. (1) A written application for a license to hold or conduct an
exhibition held for hire or gain pursuant to this By-law
shall be made to the Clerk of the municipality at least 45
days prior to the proposed date of commencement of the
exhibition held for hire or gain.
3. (2) The application shall be signed by each person(s) who
proposed to conduct the exhibition held for hire or gain in
question. The application shall also be signed by the
owner or owners of the fee simple and leasehold interests
in the land on which it is proposed to hold or conduct the
exhibition held for hire or gain if such owner(s) is
different from the person(s) who propose to conduct such
exhibition.
4. Every applicant for a licence under subsection 3(1) of this
By-law shall submit to the Clerk of the municipality either
with the application or at least 30 days prior to the
proposed date of commencement of the exhibition held for
hire or gain in question, in support of the application,
each of the following:
a) a description of the exhibition held for hire or gain,
and a descrip.�ion of the land on which the exhibition
held for hire or gain is to be held, which land shall
include any areas for motor vehicle parking, camping,
the sale or consumption of food and refreshments, which
are available to persons who pay a fee for admission to
attend the exhibition in question;
b) a statement of the applicant under oath of the maximum
number of persons who pay a fee for admission who will
be permitted by the applicant to attend the exhibition
held for hire or gain at a specified time or times
together with a description of the means by which
attendance will be limited to such maximum number of
persons;
c) the proposed period(s) of time during which the
exhibition held for hire or gain will be held which
shall include any additional period(s) during which
persons who pay a fee for submission who propose to
attend or who have attended the exhibition in question
will be permitted to enter or to remain on the land on
which the exhibition held for hire or gain is held
before the exhibition has commenced and after it has
concluded;
By-law 91- - 3 -
d) a letter signed by the Chief of Police of the Regions
Police Service certifying that in his opinion adequate
police protection will be available during the
period(s) referred to in paragraph 4.c) for the
exhibition held for hire or gain, if the estimated
cost thereof specified in the Chief of Police's letter
including any security deposit that he requires the
applicant to make from which the Police Service may be
indemnified in respect of damage to or loss of Police
Service equipment or vehicles while on the land
referred to in paragraph 4.a) during the period(s)
referred to in paragraph 4.c) , is paid by the applicant
as provided in paragraph 4.e) on or before the day
which is at least 30 days prior to the proposed date of
commencement of the exhibition held for hire or gain
in question;
e) a certified cheque payable to the Region in an amount
equal to the estimated cost of adequate police
protection including the security deposit referred to
in paragraph 4(d) ;
f) a letter signed by the Chief of the Town of Newcastle
Fire Department certifying that he has approved a Fire
Safety Plan under the Ontario Fire Code, O.Reg. 67/87,
as amended from time to time, if such is required in
respect of the exhibition held for hire or gain on any
land referred to in paragraph 4.a) ;
g) a letter signed by the Chief of the Newcastle Fire
Department setting out his estimate of the additional
cost, if any, to the municipality of providing adequate
fire protection in connection with the exhibition held
for hire or gain and the amount of money that in his
opinion should be deposited by the applicant with the
municipality from which the municipality may
appropriate monies to indemnify the municipality in
respect of damage to or loss of any municipality-
owned fire equipment or vehicle(s) while on the land
referred to in paragraph 4.a) during any of the
period(s) referred to in paragraph 4.c);
h) a certified cheque payable to the municipality in an
amount equal to the estimated cost of providing
adequate fire protection and the security deposit
set out in the Fire Chief's letters referred to in
paragraphs 4.f) and g) ;
i) a certified cheque payable to the municipality in the
amount that in the opinion of the Director of Public
Works of the municipality will be sufficient to
reimburse the owners of lands located within 150 metres
of the land referred to in paragraph 4.a) on which the
proposed exhibition held for hire or gain will be
conducted including the municipality as the owner of
public highways, for damage which is caused by or
results from unauthorized entry on or use of any of
such properties by persons who attend or who are
employed by the applicant or by his contractor in
connection with the exhibition held for hire and gain
at any time(s) during the period(s) referred to in
paragraph 4.c) , provided that the aforesaid amount
shall not exceed $30,000.00 with respect to the
exhibition held for hire or gain in question;
6 0(
By-law 91- - 4 -
J) a letter signed by the Region's Medical Officer of
Health certifying that he is of the opinion that
all public health and sanitation requirements in
connection with the exhibition held for hire or gain
are likely to be satisfied;
k) 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 at least $10,000,000.00 in respect of
the exhibition held for hire or gain referred to in
paragraph 4.a) during the period(s) referred to in
paragraph 4.c) , which provides coverage, including
bodily injury, property damage, and non-owned auto
insurance, which names the municipality as an insured
party and which provides a coverage period at least
equal to the period(s) referred to in paragraph 4c)
plus one (1) day before the commencement and one (1)
day after the conclusion of the exhibition held for
hire or gain in question;
1) an agreement executed by the applicant by which the
applicant agrees with the municipality to save the
municipality harmless from and indemnify it in respect
of all costs, charges, expenses and liability that it
may incur as a result of issuing a license to the
applicant for the exhibition held for hire or gain or
that may arise out or result from of the holding or
conducting of the exhibition in question; and
m) except in the case in which the applicant fee of
$300.00 paid in cash or by certified cheque payable to
the municipality.
5. At any time prior to the completion of the exhibition held
for hire or gain which is permitted by a licence issued
under this By-law, the licence therefor may be revoked by
the Clerk of the municipality by written notice served on
the applicant or delivered to the applicant's address as set
out in the application for the licence,
Either
a) if the Clerk is satisfied that incorrect or false
information has been submitted to the Clerk in
support of the application for the licence;
Or
b) if the Medical Officer of Health of the Regional
Municipality of Durham advises the Clerk in writing
that he is no longer of the opinion that all public
health and sanitation requirements in connection with
the exhibition held for hire or gain are likely to be
satisfied.
6. For the avoidance of doubt and notwithstanding any other
provision of this By-law, no license shall be issued under
this By-law if the exhibition held for hire or gain is not
permitted by By-law 84-63, as amended from time to time, or
under any replacement of or successor to such By-law.
7. This By-law shall not apply to:
I
I
By-law 91- - 5 -
a) any exhibition held for hire or gain if the number of
persons who pay a fee for admission who attend such
exhibition is fewer than 250; and
b) any exhibition held for hire or gain
(i) on an allowance for public highway owned by
the Town of Newcastle,
(ii) on or in a park or recreational facility
owned and/or operated by the Town of
Newcastle, or
(iii) on or in the Town of Newcastle Municipal
Administrative Centre, 40 Temperance Street,
Bowmanville, Ontario.
8. The invalidity of any section, portion of a section,
paragraph, portion of a paragraph, clause, or portion of a
clause of this By-law is not intended to and shall not
affect the validity of any other provision of this By-law.
9. Every person who contravenes any of the provisions of this
By-law is guilty of. an offence under the Provincial Offences
Act.
10. This By-law shall come into force and have full effect
immediately on the final passing of it.
BY-LAW read a first and second time this 29th day of April, 1991
BY-LAW read a third time and finally passed this 29th day of
April, 1991
MAYOR
CLERK
r
I
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