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2015-123 Special Events By-law - office consolidationOffice Consolidation — July 7, 2016 By-law 2015-123, as amended by By-law Nos. 2015-136, 2015-160 & 2016-105 The Corporation of the Township of Oro-Medonte By -Law No. 2015 - 123 Being a By-law to establish a framework with respect to notification and issuance of permits for special events in the Township of Oro-Medonte (Special Events By-law) and to repeal By-law No. 2015-005 Whereas Sections 8, 9 and 11 of the Municipal Act, 2001, S.O. 2001, c. 25, confer broad powers on municipal councils to govern their affairs as they deem appropriate and to enact by-laws for broad purposes, including notifications, licensing and the issuance of licenses, permits, approvals and other systems of permissions; And Whereas pursuant to Section 126 of the Municipal Act, 2001, Council may pass by-laws to (a) regulate cultural, recreational and educational events including public fairs; (b) issue permits for such events; (c) impose conditions to hold and renew such permits; and pursuant to section 129 of the Municipal Act, 2001 may pass by-laws to regulate and prohibit traffic, noise, vibration, odour, dust and outdoor illumination; And Whereas pursuant to Part IV of the Municipal Act, 2001, including Sections 150 and 151, Council may pass by-laws providing for a system of licences with respect to a business, including exhibitions, concerts, festivals and other organized public amusements held for profit or otherwise; And Whereas, pursuant to Part XII of the Municipal Act, 2001, including Sections 391(1)(b) and (c), 391(3) and 394(1)(c) and (d), the Township is authorized to impose fees or charges on persons for services or activities provided or done by or on behalf of it; for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; for services paid for by the municipality; and the costs included in a fee or charge may include costs incurred by the municipality related to administration and enforcement; And Whereas pursuant to Part XIV of the Municipal Act, 2001, Council may pass by-laws providing that a person who contravenes a by-law is guilty of an offence, to establish fines for offences under its by-laws and generally to enforce its by- laws; And Whereas 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)minimize unnecessary disruptions in the community; And Whereas the Municipality seeks to regulate the holding of special events in the Township of Oro-Medonte and deems it necessary and expedient to enact a by-law to govern the holding of special events on public and/or private property; Now Therefore the Council of The Corporation of the Township of Oro-Medonte enacts as follows - 1 . ollows: 1. DEFINITIONS 1.1 In this By -law - (a) "Advertising and Promotion Plan" means a written outline detailing the proposed advertising, promotional and marketing campaign regarding the Special Event; Page 1 of 13 Office Consolidation — July 7, 2016 By-law 2015-123, as amended by By-law Nos. 2015-136, 2015-160 & 2016-105 (b) "Applicant" means the person or entity submitting, filing or making an application for a Permit; (c) "Clerk" means the Director, Corporate Services/Clerk of the Township or his or her delegate; (d) "Community Impact / Communication Plan" means a plan to inform and where appropriate solicit public feedback and involvement regarding managing the impacts associated with a special event and to optimize the benefits for the community; (e) "Council" means the Council of The Corporation of the Township of Oro-Medonte; (f) "Director" means the Director, Recreation & Community Services of the Township; (g) "Emergency Plan" means a written plan 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, medical transport provisions a communication protocol, decision making authority, evacuation procedures, the names and contact information for all emergency personnel, and any other emergency preparedness information that the Fire Chief, Chief of County Simcoe Paramedic Services, or the Detachment Commander, Barrie Ontario Provincial Police or their designates may require. (h) "Fire Safety Plan" means a written plan addressing fire protection and prevention procedures or safeguards to react to situations involving fire and fire hazards; (i) "Noise" means any unwanted sound that is of such volume or nature that it is likely ti disturb the inhabitants of the Township; (j) "Notification" means completion and submission of the "Special Event Perm it/Notification" Form; (k) "Operations Plan" means a consolidated document outlining all applicable aspects of event plans and controls as specifically outlined in Section 2.6. (1) "Permit" means any licence or permission issued in accordance with the provisions of this By-law and the licensing provisions of Part IV of the Municipal Act, 2001; (m) "Permit Holder" means the event organizer or entity ultimately responsible for the organization and operations of the Special Event; (n) "Person" includes a corporation, business entity or group; (o) "Points of Reception" means the points on a premise where the noise is originating used to determine levels of audible sound; (p) "Premise" means: i) the area contained within a building and/or parcel of property; or ii) individual units in multiple unit residential or commercial buildings; (q) "Private Property" means any lands or facilities that are not owned or operated by the Township. Page 2 of 13 Office Consolidation — July 7, 2016 By-law 2015-123, as amended by By-law Nos. 2015-136, 2015-160 & 2016-105 (r) "Security Plan" means a written plan that establishes measures to ensure the safety, protection and precaution with respect to persons and property at, travelling to and from or in the vicinity of the Special Event. It provides information relating to all security services dedicated to the special event, their roles and responsibilities, a communication protocol, decision making authority, restricted areas and any other security information that the Fire Chief or the Detachment Commander, Barrie Ontario Provincial Police or their designates may require; (s) "Site Plan" means a drawing or sketch of the subject area indicating the details of the event that shall include but not limited to booths, entrances/exits and any other structure that is to be accompanied by a map displaying the size and location of the event; (t) "Special Event" means an activity or function, typically constituting a one time, annual or infrequently occurring event which is more particularly described in Section 2.1, held within the boundaries of the Township. (u) "Structural Plan" means a plan or drawing that sets out the location and particulars of any buildings or structures that are being erected, constructed or otherwise provided, whether permanent or temporary, on the subject area of the Special Event and will include a lighting plan, if the Special Event is proposed to take place during non -daylight hours, that will minimize the impact or interference of illumination upon properties in the vicinity of the Special Event; (v) "Township" means The Corporation of the Township of Oro-Medonte; (w) "Township" or "Public Facility" means lands, premises, road allowances, parks, property or buildings controlled by the Township or other government agencies; (x) "Township Departments" means any department within the Township; (y) "Traffic Management Plan" means a plan providing for the control and management 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) pedestrian flow (iv) temporary barriers and devices necessary for traffic control or parking; (v) designated accessible pick-up and drop-off locations for persons with disabilities; (vi) the pick-up and drop-off locations for buses, taxis, shuttles, and limousines; (v) vehicles that exceed the load or dimension limits set out in Parts VI I and VI I I of the Highway Traffic Act, R.S.O. 1990, c. H.B; (vi) such other traffic and parking information as the Director, Transportation and Environmental Services may require. Page 3 of 13 Office Consolidation — July 7, 2016 By-law 2015-123, as amended by By-law Nos. 2015-136, 2015-160 & 2016-105 (z) "Waste Management Plan" means a plan outlining the management of waste, recycling, septage and hazards, pre -event, during the event and post event. 2. SPECIAL EVENT PERMITS Special events for which Permit is required 2.1 No person shall hold, organize or sponsor any of the following events or activities on a Township or Public Facility or the following events or activities on Private Property which attract more than 500 persons at any given time who participate or attend, unless the Township has granted a Permit for such event or activity ("Special Event") for such period of time as set out in the Permit. (a) parades, processions, marathons, bicycle races, adventure/obstacle races, recreational events, animal shows, car/automobile shows and other events which may utilize also the sidewalks or vehicular travel portion of municipal streets, highways, parking lots or properties, excluding indoor facilities operated by the Township; (b) carnivals, bazaars, gatherings and similar events which offer such activities as amusement rides or devices, games of skill, animal rides or exhibitions, food concessions or live entertainment; (c) outdoor concerts, festivals or entertainments offering live or recorded music or entertainment for public or private audiences; (d) organized scheduled contests and exhibitions; (e) marine events, including any prescheduled organized concentration of watercraft, involving participants and/or spectators, of a competitive or non-competitive nature; (f) scheduled races, exhibitions or other events involving the operation of motorized vehicles or any type (Public Lands Only); (g) activities or events requiring a variance from the regulations of any municipal department; (h) outdoor assemblies for demonstration, political, religious and/or cultural purposes; (i) the showing of feature films; filming of television commercials, documentaries, educational films, television films, television network programs, music videos and commercial still photography. Exemptions 2.2 No Permit shall be required for Special Events held indoors at a facility operated by the Township. 2.3 Notwithstanding the Special Events set out in Section 2.1, a Permit shall not be required for any Special Events set out in Subsections 2.1(a) to (i) taking place solely on Private Property if such Special Events are: (a) permitted in the Township's zoning by-laws or has otherwise been authorized by the Township, and, Page 4 of 13 Office Consolidation — July 7, 2016 By-law 2015-123, as amended by By-law Nos. 2015-136, 2015-160 & 2016-105 (b) part of the normal operations of a business or institution, and specifically will not reasonably: (i) have the potential to strain the community's emergency services response; (ii) have a foreseeable impact on the regular flow of traffic; (iii) adversely affect the Oro-Medonte Community; (iv) present an elevated risk to the health and safety of participants or general public; 2.4 Determination of eligibility for an exemption under Sections 2.2 and 2.3 shall be made in the Director's sole and absolute discretion and which decision shall be final. Notification Requirement 2.5 Notification to host a Special Event is to be submitted to the Director a minimum of 120 days prior to the event on the prescribed form. Flexibility will be given in circumstances where notice could not have been reasonably provided within this timeframe. Application — Minimum Requirements 2.6 Every application for a Permit shall include an operations plan a minimum of sixty (60) days prior to the Special Event (flexibility will be given in circumstances where notice could not have been reasonably provided within this timeframe), consisting of: (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 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 (where applicable): (i) food and beverage plan— including plans for alcohol service and provision of potable water; (ii) advertising and promotion plan — for events on Township property; (iii) structural plan — Structures, temporary structures, stages, lighting and tents larger than 60M2 ; (iv) fire safety plan (including pyrotechnic/fireworks); (v) emergency plan; (vi) security plan; (vii) traffic management plan; (viii) waste management plan including provision of lavatory facilities; (ix) community impact / communication plan; Page 5 of 13 Office Consolidation — July 7, 2016 By-law 2015-123, as amended by By-law Nos. 2015-136, 2015-160 & 2016-105 (x) the proposed use of: a. generators, propane appliance and any other specialized equipment to be used during the special event, include the type of fuel used to operate the equipment; b. use of exotic pets/animals; c. sound equipment; d. vehicles that exceed the load or dimension limits set out in Parts VI I and VI I I of the Highway Traffic Act, helicopters, hot air balloons, aircraft, trains, or watercraft; e. use of drones for photography or other purposes where federal regulations and permits are required; f. amusement devices; and g. signs for marketing, promotion and communication of proposed closures and detours. (c) 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; (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) any information or documentation that the Director deems necessary. 2.7 It is the Applicant's sole responsibility to obtain and pay for all of the information and documentation required under Section 2.6. Review and Approval 2.8 The Director is authorized to receive and consider all applications, and to conduct all investigations necessary to determine whether a Permit should be issued. 2.9 The Director may issue or refuse to issue any Permit, and may include any conditions he/she deems proper and appropriate in the circumstances. Notwithstanding the requirements of this By-law, the Director may issue a Permit in relation to a Special Event provided that, in his or her opinion, the Permit contains appropriate safeguards to secure the requirements of this By-law and may be satisfied through an agreement with the Applicant or otherwise, and such determination shall be made in the Director's sole and absolute discretion and shall be final and binding. 2.10 a) Prior to making a decision on any application, the Director shall consult with Municipal Departments, other agencies, the general community, other persons that he/she considers necessary. b) If in the opinion of the Director, the application and proposed event presents significant impacts to the community a report will be forwarded to Council for their consideration as the approval body. c) Council may, at its discretion and by resolution, act as the approval body for specific special events. Page 6 of 13 Office Consolidation — July 7, 2016 By-law 2015-123, as amended by By-law Nos. 2015-136, 2015-160 & 2016-105 d) For those events of 10,000 or more, the decision making authority will rest solely with Council effective May 30, 2016. 2.11 A Permit may be issued upon receipt and review of a complete application for a Permit if, in the opinion of the Director, through consultation as deemed appropriate the following conditions have been met: (a) the Applicant has ensured and demonstrated that prior to the Special Event, all permits, licenses, approvals or other authorizations required under municipal By-laws in relation to the Special Event will be obtained including (if applicable) those relating to zoning, noise, refreshment stands, hawker/peddlers, signs, fireworks and building permits. (b) prior to the approval of the proposed Special Event, the Applicant shall provide (if required by the Director) written confirmation that: (i) the Emergency Plan is satisfactory to Fire Chief and the Detachment Commander, Ontario Provincial Police, and the County of Simcoe Paramedic Services; (ii) the security plan is satisfactory to Detachment Commander of the Ontario Provincial Police; (iii) the fire safety plan is satisfactory to Fire Chief; (iv) the traffic management plan is satisfactory to the Director, Transportation and Environmental Services, County of Simcoe and/or Ministry of Transportation and the Detachment Commander, Ontario Provincial Police; (v) the waste management plan is satisfactory to the Simcoe Muskoka District Health Unit; (vi) all requirements of the Health Protection and Promotion Act, R.S.O 1990, c. H.7, have been met to the satisfaction of the Simcoe Muskoka District Health Unit; (vii) appropriate arrangements for the provisions of medical services and/or medical transport and/or the provision of first aid service by non -paramedic staff have been made to the satisfaction of Simcoe County Paramedic Services; (viii) the Township, County of Simcoe and Ontario Ministry of Transportation has issued any sign or road occupancy permits to highways under its jurisdiction; (ix) the Alcohol and Gaming Commission of Ontario has issued all required licenses and permits in relation to the serving or sale of alcohol; (x) the Township's Chief Building Official or a designate has issued all permits required under the Building Code Act, 1992, S.O. 1992, c. 23; (xi) the Director has received all of the insurance and security deposit as required under Section 3; Page 7 of 13 Office Consolidation — July 7, 2016 By-law 2015-123, as amended by By-law Nos. 2015-136, 2015-160 & 2016-105 (xiii) the Technical Standards and Safety Association has issued all required licenses and permits for amusement devices or pressure vessels. (c) In addition to the requirements Section 2.11 (b) the Applicant shall ensure that all required licenses and permits for fuels or other matters regulated under the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16, and the Electrical Safety Authority has issued all approvals required under the Ontario Electrical Safety Code, O. Reg. 164/99, relating to any electrical work. Conditions 2.12 In addition to any other conditions the Director may deem appropriate, every Permit shall be subject to the following conditions: (a) the Permit Holder shall comply with all of the applicable laws, including any applicable zoning or other land use control by-law under the Planning Act; (b) the Permit Holder shall comply will approved emergency, fire safety, security, and traffic management plans as well as other aspects of the operations plan; (c) the Permit Holder agrees to: (i) save, defend and keep completely harmless and fully indemnify the Township and each of its elected officials, officers, employees, volunteers, sponsors and agents of, from and against all manner of actions, suits, claims, executions and demands which may be brought against or made upon the Township, its elected officials, officers, employees, volunteers and agents or any of them and of, from and against all loss, costs, charges, damages, liens and expenses which may be sustained, incurred or paid by the Township, its elected officials, officers, employees, volunteers and agents, or any of them, by reason of, or on account of, or in consequence of the use of the site by the Permit Holder and its invitees, guests or users for the event; (ii) pay to the Township and to each such elected official, officer, employee, volunteer or agent on demand any loss, costs, damages and expenses which may be sustained, incurred or paid by the Township or by any of its elected officials, officers, employees, volunteers, sponsors and agents in consequence of any such action, suit, claim, lien, execution or demand and any monies paid or payable by the Township or any of its elected officials, officers, employees, volunteers or agents in settlement of or in discharge or on account thereof; Page 8 of 13 Office Consolidation — July 7, 2016 By-law 2015-123, as amended by By-law Nos. 2015-136, 2015-160 & 2016-105 (iii) release the Township and each of its elected officials, officers, employees, volunteers, sponsors and agents of, from and against all manner of actions, suits, claims, executions and demands which could be brought against or made upon the Township, its elected officials, officers, employees, volunteers and agents or any of them and of, from and against all loss, costs, charges, damages, liens and expenses which may be sustained, incurred or paid by the Permit Holder by reason of, or on account of, or in consequence of the use of the site by the Permit Holder and its invitees, guests or users for the Event, provided, however, that such release shall not apply to any loss, costs, charges, damages, liens and expenses incurred by the Permit Holder arising directly from the gross negligence and/or willful misconduct of the Township, its officers, employees, agents, volunteers, or agents; (d) should there be a perceived emergency during the course of any events, the Fire Chief of the Township and/or the Incident Commander, Ontario Provincial Police shall have the absolute and unfettered authority to shut down an event at their sole discretion, following discussions with other agency officials; (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 comply at all times with the noise management procedures and controls, including mitigation measures, and the maximum level of permissible audible sound, as determined by the Chief Municipal Law Enforcement Officer or designate and identified in the operations plan, throughout the duration of the event; (g) 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; (h) the Permit Holder shall not use the Township's corporate logo or crest in any marketing material advertising the Special Event without the prior approval of the Township pursuant to Township policy. Noise 2.13 In the case of a Special Event, the maximum level of audible sound measured at Points of Reception (at least 4) will be determined in consultation with the Chief Municipal Law Enforcement Officer or designate. The maximum level of permissible audible sound as determined by the Chief Municipal Law Enforcement Officer shall be included as part of the operations plan. 2.13.1 No person shall exceed the maximum level of audible sound at any Points of Reception, as included in the operations plan, at any time during the Special Event. Page 9 of 13 Office Consolidation — July 7, 2016 By-law 2015-123, as amended by By-law Nos. 2015-136, 2015-160 & 2016-105 2.13.2 Notwithstanding Sections 2.13 and 2.13.1, in the case of a Special Event involving 10,000 or more people per day and live music/amplified sound, the maximum level of permissible audible sound, and the appropriate method of measuring the level of audible sound, will be as approved by Council. In this respect, the maximum level of permissible audible sound, and any required noise management procedures and controls, including mitigation measures, as determined by Council, shall be included as part of the operations plan required by Section 2.6. Refusal 2.14 Without limiting the generality of section 2.9, the Director may refuse to issue a Permit if: (a) the Applicant has not provided information or documentation under Section 2.6 or within a timeframe to realistically plan and coordinate the Special Event; (b) the Applicant has not satisfied the requirements of Sections 2.11, 2.12 and 3.1-3.8. (c) the Applicant has knowingly submitted false, mistaken, incorrect, or misleading information in support of the application; (d) there is reason to believe that the carrying on the Special Event may result in a breach of any applicable law; (e) there are property taxes owing to the Township for the property on which the Special Event is to be held; or 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 that was knowingly submitted by the Applicant; (c) the Permit Holder is not in compliance with any license, permit, approval, or authorization required under Sections 2.11, 2.12 and 3.1- 3.8; 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 contact information provided in the application as well as informing all affected agencies. General 2.17 Every Permit shall specify the name of the Permit Holder, and the nature, location, date(s) and time(s) of the Special Event. Page 10 of 13 Office Consolidation — July 7, 2016 By-law 2015-123, as amended by By-law Nos. 2015-136, 2015-160 & 2016-105 2.18 The issuance of a Permit does not represent a commitment by the Township or the Director to issue a Permit for any subsequent, continuing or similar event. 2.19 Permits are not transferrable. 2.20 No amendment shall be made to a Permit without prior authorization by the Director. 2.21 The Director shall notify Council of all Permits prior to the date of the Special Event. 3.0 FINANCIAL Insurance 3.1 Every Applicant shall provide proof of commercial general liability insurance for itself, its affiliates and any and all subsidiaries, acceptable to the Director and the Director, Finance and subject to limits of not less than Two 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. Such insurance shall name The Corporation of the Township of Oro-Medonte as an additional insured with a cross liability endorsement and severability of interests' provision. 3.2 If deemed necessary by the Director, the Applicant shall provide liability insurance in respect of licensed, owned or leased motor vehicles subject to a limit of not less than Two 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, the insurance shall include additional coverage as deemed to be appropriate. 3.4 All insurance shall be in the name of the Permit Holder and shall name the Township 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 Township. 3.5 All insurance shall contain the endorsement to provide the Township with thirty (30) days prior written notice of any cancellation or change. 3.6 The Director may vary at his/her sole discretion the monetary limits to a maximum of $10,000,000 coverage as set out in Section 3. 1 or 3. 2 to mitigate risks to the Township and the community. Security Deposit 3.7 Where deemed appropriate by the Director, or Council as the case may be, the Permit Holder shall provide either cash or a letter of credit in a form acceptable to the Director, Finance as security for possible damage to Township property (including highways) or equipment for possible damage to public or private properties potentially impacted by the event; for any monies paid or owing by the Township for any costs incurred by the Township as a result of the Permit Holder's use of the property for special event purposes (including but not limited to emergency service costs, policing costs, road maintenance costs and clean-up costs); and for fulfillment of all of the Permit Holder's obligations under the By-law and Permit. Page 11 of 13 Office Consolidation — July 7, 2016 By-law 2015-123, as amended by By-law Nos. 2015-136, 2015-160 & 2016-105 3.8 In addition to any other action or remedy the Township may take under this By-law, where the Permit Holder fails to, or refuses to, provide the securities required by Section 3.7, the permit holder shall reimburse / compensate the Township for any costs or damage whatsoever that the Township incurs as a result of the Special Event(s), including any remedial action that the Township, in its discretion, may be required to undertake pursuant to section 446 of the Municipal Act, 2001. 4.0 ENFORCEMENT Officers and Inspection 4.1 This By-law may be enforced by a Police Officer, a Municipal Law Enforcement Officer, the Fire Chief, or the Township's Chief Administrative Officer or designate. 4.2 No person shall prevent, hinder or interfere, or attempt to prevent, hinder or interfere with an inspection undertaken in accordance with this By-law. Licensing Fines, Offences and Penalties 4.3 Subject to Section 4.5 of this By-law, every person, who contravenes any provision of this By-law, including any condition of a Permit issued under this By-law, is guilty of an offence and upon conviction is liable to: (a) in the case of a person other than a corporation, a minimum fine of $250 and a maximum fine of $50,000 for each offence; (b) in the case of a corporation, a minimum fine of $500 and a maximum fine of $100,000 for each offence; (c) in the case of a continuing offence, such as where the contravention takes place over multiple days, for each day or part of a day that the offence continues, an additional fine of up to $10,000 for each day or part of the day that the offence continues. 4.4 In addition to the regular fines set out in Section 4.3, and in order to eliminate or reduce any economic advantage or gain from contravening this By-law, every person, including a corporation, found guilty of an offence may be liable to a special fine of up to $250,000. 4.5 The system of fines set out in this by-law expressly do not apply to any land use planning or zoning by-law contraventions, including a breach of any permit conditions related to same, that may be prosecuted under section 67 of the Planning Act." 4.6 Notwithstanding and in addition to the foregoing fines, any Permit issued under this By-law, including conditions attached thereto, and any agreement under Section 2.9 of this By-law may include administrative penalties as contemplated by Section 151(1)(g) of the Municipal Act, 2001. Page 12 of 13 Office Consolidation — July 7, 2016 By-law 2015-123, as amended by By-law Nos. 2015-136, 2015-160 & 2016-105 PART 5 - GENERAL Severability 5.1 If a court of competent jurisdiction declares to be invalid, unenforceable, illegal or beyond the powers of Council to enact, any provisions or parts of any provisions of this By-law, it is the intention of Council in enacting this By-law that the remainder of this By-law shall be deemed to be separate and independent therefrom and that the remainder of this By-law shall continue in force and be applied and enforced in accordance with its terms to the fullest extent possible according to law. Legislation 5.2 Any reference to a statute, regulation or other legislation in this By-law shall include such statute, regulation or other legislation or provision thereof as amended, revised, re-enacted and/or consolidated from time to time and any successor legislation thereto. Numbers and genders 5.3 The terms in this By-law shall be construed with all changes in number and gender as may be required by the context. By-law Prevails if Conflict 5.4 In the event of any conflict between any provisions of this By-law and any other by-law enacted by the Town, the provisions of this By-law shall prevail. Short Title 5.5 The short title of this by-law shall be the "Special Events By-law". Repeal 5.6 By-law No. 2015-005 is hereby repealed in its entirety. Effective Date 5.7 This By-law shall be come in force and effect on the date that it is passed. By-law No. 2015-123, As Amended and Consolidated Page 13 of 13