06 22 2011 Special Council AgendaTownship of
Proud Heritage, Exciting Future
Page
THE TOWNSHIP OF ORO- MEDONTE
SPECIAL COUNCIL MEETING AGENDA
OLD TOWN HALL
833 Line 7 North
Wednesday, June 22, 2011
3:00 p.m.
1. CALL TO ORDER - PRIVATE PRAYER /MOMENT OF REFLECTION:
2. ADOPTION OF AGENDA:
a) Motion to Adopt the Agenda.
3. DISCLOSURE OF PECUNIARY INTEREST:
4. IDENTIFICATION FROM THE PUBLIC OF AN AGENDA ITEM OF
INTEREST:
5. REPORTS OF MUNICIPAL OFFICERS:
2 -70 a) Report No. CS 2011 -15, Marie Brissette, Committee Coordinator
and Sergeant Andrew Tait, Ontario Provincial Police, re: Draft By -law 2011-
093, Being a By -law to License and Regulate Towing Companies, Tow Truck
Owners and Tow Truck Drivers.
6. QUESTIONS FROM THE PUBLIC CLARIFYING AN AGENDA ITEM:
7. CONFIRMATION BY -LAW:
71 a) By -law No. 2011 -094 Being a By -Law to Confirm the Proceedings of the
Special Council Meeting Held on Wednesday, June
22, 2011.
8. ADJOURNMENT:
a) Motion to Adjourn.
Page 1 of 71
5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
70 Wnslzi,P cif
REPORT
Proud Heritage, Exciting Future
Report No.
To:
Prepared By:
CS 2011 -015
Special Council
Marie Brissette,
Committee Coordinator &
Sergeant Andrew Tait,
Ontario Provincial Police
Meeting Date:
Subject:
Motion #
June 22, 2011
Draft By -law 2011 -093, Being a
By -law to License and
Regulate Towing Companies,
Roll #:
R.M.S. File #:
Tow Truck Owners and Tow
CO2 040726 -001
Truck Drivers.
RECOMMENDATION(S): Requires Action X❑ For Information Only
Be it resolved
1. That Report No. CS 2011 -015, Marie Brissette, Committee Coordinator and
Sergeant Andrew Tait, Ontario Provincial Police, re: Draft By -law 2011 -093, Being a
By -law to License and Regulate Towing Companies, Tow Truck Owners and Tow
Truck Drivers be received.
2. And That the Clerk bring forward Draft By -law 2011 -093, Being a By -law to License
and Regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers, as
presented by Marie Brissette, Committee Coordinator and Sergeant Andrew Tait,
Ontario Provincial Police, for Council's consideration.
BACKGROUND:
Currently, unless a licensing by -law is in place, the OPP is to follow the Police
Orders which directs an Officer at a collision scene to call the number provided by the
local towing association. The towing association is responsible for distributing calls as
per the rotational list of their membership. There have been concerns that the current
local towing association does not include all operating towing companies to ensure a
fair vote of the membership. Given that those circumstances are often the root of
unnecessary delays at a collision scene, the OPP is supporting the Township in its
initiative to license the towing industry.
Corporate Services — Clerk's Office / Ontario Provincial Police June 22, 2011
Report No. CS 2011 -015 Page 1 of 9
Page 2 of 71
5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
In March of 2010, Council received a deputation from local tow truck companies
who identified various issues within the local towing industry as noted in the above
paragraph. Staff then provided Council, at its meeting held on July 14, 2010, Report
No. CS2010 -019, Doug Irwin, Director of Corporate Services /Clerk, re: Possible
Licensing — Tow Truck Businesses (Attachment A).
In response to the direction from Council, being: "Be it resolved that Report No.
CS 2010 -019, Doug Irwin, Director of Corporate Services /Clerk re: Possible Licensing —
Tow Truck Businesses be received; And that staff bring forward a comprehensive report
subsequent to consultation with the tow truck industry. ", the Director of Development
Services brought forward a Zoning By -law Amendment to permit towing compounds in
commercial /industrial zones. The Township's Zoning By -law was amended in
November 2010.
On April 8, 2011, Detachment Commander Andy Mayo and Sergeant Andrew
Tait, Ontario Provincial Police (OPP), Barrie Detachment met with Marie Brissette,
Committee Coordinator, to:
➢ discuss the current procedures followed by the OPP, as provided for within the
Police Orders;
➢ to identify complaints reported by Police Officers, Ministry of Transportation,
residents, travellers and tow truck operators to the Township and OPP;
➢ as well as to review the benefits and /or necessity of a licensing system in order
to alleviate the following concerns:
• When a call is sent out on the scanner, tow truck drivers are perceived to be
"chasing" (i.e. racing to be first on scene) which creates serious safety concerns
as speeds are reported well over the posted speed limit.
• Multiple tow trucks arrive at the collision scene which leaves OPP Officers to
determine who's first on scene or who's next on the call list.
• Due to high competition, vehicles are being hooked up to tow trucks before the
OPP Officers have an opportunity to investigate the collision.
• As there are association and non - association members operating towing
companies within the Township, it does not provide set procedures to be followed
by the OPP Officers.
• After a collision or incident requiring towing services, there are often unnecessary
delays or road closures due to the towing company not being able to provide full
recovery service, which should include cleanup of the area of debris and
chemicals.
Corporate Services — Clerk's Office / Ontario Provincial Police June 22, 2011
Report No. CS 2011 -015 Page 2 of 9
Page 3 of 71
5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
• Complaints from members and non - members of the current Towing Association's
structure, including membership being limited to only certain companies and the
rotational list not being adhered to.
• The towing industry being monopolized by one or two companies whose head
office or compounds are not local, therefore other municipalities are collecting
municipal taxes on commercial properties.
• Possible tow trucks in operation that would fail a Ministry of Transportation
inspection, not operating without proper insurance or with invalid Ontario Driver's
License.
From that meeting, Sergeant Andrew Tait and Marie Brissette undertook a review
of existing licensing by -laws inside and outside of the County and sought comments
from the enforcement agencies (both municipal and OPP) in order to prepare a draft
proposal designed to generate discussions with towing companies currently operating
within the Township.
ANALYSIS:
On Saturday, May 7, 2011, Sergeant Tait and Marie Brissette met with
approximately 17 tow truck operators at the OPP Barrie Detachment to review the draft
proposal. Concerns were raised by the tow truck operators during the meeting and
subsequent phone calls to the Township identified the following:
1) Compounds:
Currently, to the best of the Township and OPP's knowledge, six (6) towing companies
maintain a compound within the Township's boundaries, two (2) of which would be in
compliance with the proposed by -law with regard to the zoning of their compound. All
other tow companies have their compounds in the City of Barrie, Township of
Springwater, Town of Innisfil or the City of Orillia, or are within the Township but not
zoned appropriately, to which the following issues could arise:
a) At the onset of the by -law, the by -law may limit the industry to two (2) or three (3)
towing companies being permitted to operate.
b) The current restriction would not allow a hirer to utilize an auto service provider (i.e.
CAA, Roadside Assistance) as they do not currently have a compound within the
municipal boundaries but do have a compound within a 20 kilometer radius.
The towing companies have requested one of the following options, to which the OPP
and Township are providing a response:
Corporate Services — Clerk's Office / Ontario Provincial Police June 22, 2011
Report No. CS 2011 -015 Page 3 of 9
Page 4 of 71
5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
1) To allow for compounds to be outside of the Township of Oro - Medonte limits.
Staff appointed by the Township to conduct inspections are only authorized to conduct
compound inspections on property within the municipal boundaries. Therefore allowing
outside compounds to operate would negate staff's ability to ensure compliance with the
by -law. By allowing one company to operate and not have a compound within the
boundaries increases the chance of the industry being monopolized by one company.
This was the main complaint received by the Township under the current operation of
the towing companies.
To lessen the impact of those currently not having a compound within the Township, or
those not currently meeting the standards outlined in the proposed by -law, OPP and
Township staff have included:
a) The By -law comes into force and effect six (6) months after its enactment
allowing a set time period for operators to come into compliance with the by -law.
b) The Township permits the sharing of a compound within the municipal
boundaries between various companies, with the following requirements:
• That each company have its own fenced, lighted, secured area or indoor facility
at their expense (herein referred to as a "compound ");
• That each compound within the property has its own secured entrance and
access;
• That each compound have a separate lease agreement with the owner of the
property which includes a map of the property outlining the compound; and
• That each compound has a separate insurance policy.
c) The By -law provides exemptions that will enable the hirer the opportunity to
choose a towing company prior to a call being made by the Police Officer to the
Association's dispatch, or in the case of a matter of public safety, allow the Police
Officer to use their discretion to respect the interest of the hirer.
d) The By -law provides the opportunity for an applicant to appeal the Notice of
Decision of Refusal To Grant A License to Council and Council may impose a
condition which may include permission to operate a compound outside the
municipal boundaries with requirements in place to consider the condition
satisfied.
2) That the Township provide (own and maintain) one compound within the centre of
the municipal boundaries where all tows would be dropped unless the instructions of
the hirer differ from this procedure.
Staff do not recommend this option due to the financial impacts and limited staff
resources and time commitment.
Corporate Services — Clerk's Office / Ontario Provincial Police June 22, 2011
Report No. CS 2011 -015 Page 4 of 9
Page 5 of 71
5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
2) Insurance:
Some towing companies advised that the required minimum insurance of $2,000,000.00
as outlined in Report No. CS2010 -019 did not represent industry's standard.
Accordingly the minimum insurance requirement has been augmented to
$5,000,000.00.
3) Eliminate perceived "Chasing" rather than introduce Licensing:
Currently, it is the practice of some tow truck operators to listen to emergency vehicle
scanners and "chase" a call, often resulting in various tow trucks all going to a collision
scene at once. As noted by the OPP and tow truck drivers, excess speed results in
competing to be first on scene. Although many tow truck drivers have asked the OPP to
develop a policy eliminating chasing, no such policy can be enforced other than through
speeding fines imposed under the Highway Traffic Act, which inundates the OPP
unnecessarily at the time of a collision. OPP and Township staff have agreed that the
licensing by -law would limit chasing, as it would allow Police to utilize the rotational list
to call in tow trucks, therefore removing the need for trucks competing to be first on
scene as the drivers will be turned away if they are not the company called in.
4) Special requirements for Heavy Towing Companies:
Given that Heavy Towing is a specialized type of towing, a section was drafted to further
govern Heavy Towing Companies, Trucks and Drivers. Appropriate exemptions with
detailed requirements that would allow Heaving Towing companies to be hired as
required has also been included.
5) Timing of Application Due Dates:
Most of the tow truck companies currently also operate outside of the Township and are
required to be licensed at set times per those municipalities' By -laws. Being required to
conduct inspections and insurance renewals on all vehicles and equipment within a 60
day period can be costly and redundant for the applicants. The Township has not set a
due date for renewal of licenses to allow for the applicants to plan their applications
accordingly in an effort to maximize customer service and administrative efficiency from
Township staff, as well as to minimize the financial impact by allowing the applicants to
streamline their submission with submissions to other municipalities.
Proposed Method of Operation
If the By -law is in force and effect, a towing company, tow truck driver and /or
owner of a tow truck vehicle successful in acquiring a license, will be added to the Oro -
Medonte Towing Association's Rotational Call List. Each time a license is
issued /revoked or cancelled, the Township will supply an updated list to the OPP. On
the reverse of the list will be a map of the Township noting the location of all licensed
companies, including their compound location, including address and contact
information for ease of reference for the OPP and any hirer.
Corporate Services — Clerk's Office / Ontario Provincial Police June 22, 2011
Report No. CS 2011 -015 Page 5 of 9
Page 6 of 71
5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
The OPP will have a current copy of the By -law in order to provide applicants
with the specific record checks for ease to the applicant as well as having a committed
staff person to ensure these record checks are conducted in a timely manner.
Regular inspections will be conducted jointly by the Ministry of Transportation,
the OPP and the Township's Municipal Law Enforcement Staff in order to share results
and statistics fluently.
Proposed Towing Association Structure
The newly created Towing Association ( "TA "):
a) Will comprise of only licensed tow truck companies, tow truck drivers and tow truck
owners. However, if the Towing Company or Tow Truck Owner has more than one
license issued to them by the Township for various trucks or drivers, they will only
receive one vote at the TA meetings (not one vote per truck or driver as that would
open the door to the TA being monopolized if one large company expands to a
majority of the trucks being operated);
b) All members of the TA will decide on rules of the TA including the method of
dispatching calls to be utilized and payment thereof;
c) Will monitor and ensure calls are responded to as per the Rotational Call List;
d) Will vote on all matters affecting the industry as a group;
e) Will provide the Township's Licensing Officer with written complaints if necessary;
and
f) Will determine the collision tow rates and adhere to one set of rates to ensure
consistent charging.
A survey of area municipalities revealed that three (3) municipalities current have a
licensing by -law enacted:
Municipality
By-law
Owner Fee
Truck Fee
Driver Fee
Barrie
Yes
250.00
250.00 each
100.00 (each)
Orillia
No
Collingwood
Preparing a
"No Chase By-
law"
Wasa a Beach
Yes
150.00
100.00 each
50.00 (each
Clearview
Deferred at
draft stage by
Council.
* *150.00
* *100.00
(each)
* *50.00 (each)
Sprin water
No
Tiny
No
Tay
No
Corporate Services — Clerk's Office / Ontario Provincial Police June 22, 2011
Report No. CS 2011 -015 Page 6 of 9
Page 7 of 71
5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
Penetanguishene
No (being
considered)
Towing Company (each)
$250.00
Tow Truck (each)
Midland
No
$100.00
Severn
No
Replacement License including
amendments
$25.00
Ramara
No
Essa
No
Innisfil
Yes
100.00
n/a
n/a
Bradford West
Guillimbury
No
New Tecumseth
No (being
considered
Adjala Tosorontio
No
"Suggested rate in the draft by -law
FINANCIAL:
The licensing fees have been determined by taking into consideration:
• Staff time including Licensing Officer for each application (average 60
minutes /application), Municipal Law Enforcement Officer for inspection of each
truck (average 20 minutes /application and random inspections (1 day as required
per each quarter).
• Township to provide a standard Authorization Form at a cost of approximately
$0.30 each.
• General inquiries, receipt/!nvestigation of complaints, records management and
follow up (average 1 hour /week).
• Licensing fees suggested are in comparison to the fees charged for the Licensing
of Refreshment Vehicles and Campgrounds.
Fees suggested in the proposed By -law are:
CATEGORY
LICENSE FEE
Towing Company (each)
$250.00
Tow Truck (each)
$250.00
Tow Truck Driver (each)
$100.00
Duplicate License
$25.00
Replacement License including
amendments
$25.00
Corporate Services — Clerk's Office / Ontario Provincial Police June 22, 2011
Report No. CS 2011 -015 Page 7 of 9
Page 8 of 71
5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
POLICIES /LEGISLATION:
Municipal Act, 2001, S.O. 2001, c.25, as amended
Police Services Act, R.S.O. 1990, Chapter P.15
Ontario Provincial Police Orders
CONSULTATIONS:
• Ontario Provincial Police, Barrie Detachment
• Ontario Provincial Police, Caledon Detachment
• Ministry of Transportation, Barrie Office
• Local Towing Industry
• Town of Caledon, Municipal Law Enforcement
• Township of Clearview, Municipal Law Enforcement
• Robin Dunn, Chief Administrative Officer
• Paul Gravelle, Director of Finance/Treasurer /Deputy CAO
• Andria Leigh, Director of Development Services
• Donna Hewitt, Director of Corporate and Strategic Initiatives
• Doug Irwin, Director of Corporate Services /Clerk
ATTACHMENTS:
Attachment A — Report No. CS2010 -019, Doug Irwin, Director of Corporate
Services /Clerk, re: Possible Licensing — tow Truck Businesses.
Attachment B — By -law No. 2010 -178, Being a By -law to amend Zoning By -law No. 97-
95 to incorporate new definitions for Wrecking Yard and Motor Vehicle Storage Yard
and the additional Permitted Uses in Table A2 — Commercial Zones and Table A -3
Industrial Zones.
Attachment C — Draft proposal presented to Tow Truck operators Saturday, May 7,
2011.
Attachment D — Draft By -law No. 2011 -093, Being a By -law to License and Regulate
Towing Companies, Tow Truck Owners and Tow Truck Drivers.
Corporate Services — Clerk's Office / Ontario Provincial Police June 22, 2011
Report No. CS 2011 -015 Page 8 of 9
Page 9 of 71
5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
CONCLUSION:
It is recommended that the Draft By -Law No. 2011 -093, Being a By -law to License and
Regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers, be brought
forward for Council's consideration.
Respectfully submitte
Marie Brissette, CMO, Dipl. M.A. Andrew Tait, Sergeant
Committee Coordinator Ontario Provincial Police
Director of Corporate Services /Clerk
Detachment Commander Approval /
Approval / Comments:
Comments:
C.A.O. Approval / Comments:
fL :��
Corporate Services — Clerk's Office / Ontario Provincial Police
Report No. CS 2011 -015
ne 22, 2011
Page 9 of 9
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9g) - Report No. CS 2010019, Doug Irwin, Director of Corporate Se...
Township of
REPORT Proud Heritage, Exciting Future
Report No.
CS 2010 -019
To:
Council
Prepared By:
Doug Irwin
Meeting Date:
July 14, 2010
Subject:
Possible Licensing — Tow
Truck Businesses
Motion #
C t C: C `i V'A ° t i k5
Roll #:
R.M.S. File #:
RECOMMENDATION(S): Requires Action X For Information Only
It is recommended that:
1. Report No. CS 2010 -019 be received and adopted.
2. That the Clerk bring forward the appropriate by -laws for Council's consideration.
BACKGROUND:
In 2008, David Zimmer, MPP Willowdale, introduced Bill 87 entitled Towing Industry Act,
2008. The purpose of the Bill was to regulate the towing industry in Ontario so that the
public may have access to towing services of high quality provided in accordance with
honesty and integrity and at a reasonable cost. The Bill received second reading and
was referred to Standing Committee on September 25, 2008. The Bill was not brought
forward to the new session of Parliament and consequently died when Parliament
prorogued on March 4, 2010.
The Township has been advised of residents' concerns regarding the fees being
charged by Tow Trucks operating within the Township and where the vehicles were
being towed to. Council provided a Timely Topic in the April /May 2010 edition of the
North Simcoe Community News, which was published on March 24, 2010, to ensure
that residents were aware of their rights and options when having a vehicle towed.
At its meeting of March 24, 2010, Council received a deputation from Tow Truck
companies with respect to Tow Truck Operations within the Township of Oro - Medonte,
and directed staff to bring forward a report regarding the licensing of tow trucks within
the Township of Oro- Medonte.
Corporate Services July 14, 2010
Report No. CS2010 -019 Page 1 of 4
Page 30 of 345
Page 11 of 71
5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
M0.C:�11 VA Z
P
9g) - Report No. CS 2010 -019, Doug Irwin, Director of Corporate Se...
On May 28, 2010, the Clerk and Chief Municipal Law Enforcement Officer met with
S /Sgt Mayo, Detachment Commander, O.P.P. Barrie Detachment. At this meeting, the
S /Sgt outlined the process that is followed by the O.P.P. when Tow Trucks are not
licensed within a municipality.
In non - emergency situations when a vehicle needs to be towed, the Officer will provide
the driver of the vehicle with a list of towing companies listed in the local telephone book
and ask the driver if they have a preference. If the driver selects a specific towing
company, then that company is contacted to come and move the vehicle.
If the driver does not select a specific tow company, the O.P.P. have a single contact
number for the local Towing Association. The O.P.P. contact the Towing Association,
and the Association dispatches a tow truck.
In an emergency situation, or when a tow truck cannot attend the scene in a timely
manner that will permit the Officer to move on to the next incident, the Officer may
request the first available tow truck.
ANALYSIS:
Part IV — Licences of the Municipal Act, 2001, as amended, provides that a municipality
may provide for a system of licences with respect to a business, under Section 151. A
municipality may impose varying conditions on the licences issued by it, including
compliance with land use control by -laws or requirements under the Planning Act or any
other Act.
Section 155 of the Municipal Act, 2001, as amended, reads as follows:
155. Without limiting sections 9, 10 and 11, a local municipality, in a by -law
under section 151 with respect to owners and drivers of tow trucks and vehicles,
other than motor vehicles, used for hire, may,
(a) establish the rates or fares to be charged for the conveyance of
property or passengers either wholly within the municipality or from
any point in the municipality to any point outside the municipality; and
(b) provide for the collection of the rates or fares charged for the
conveyance.
Given that the Township has the two major highway corridors, being Highway 11 and
Highway 400, it is recommended that the Township undertake the licensing of tow
trucks and tow truck drivers operating within the geographical boundaries of Oro -
Medonte.
Corporate Services July 14, 2010
Report No. CS2010 -019 Page 2 of 4
Page 31 of 345
Page 12 of 71
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4ae &iyw_,C�
9g) - Report No. CS 2010 -019, Doug Irwin, Director of Corporate Se...
A licensing by -law to regulate and govern tow truck businesses, tow trucks and tow
truck drivers within the Township of Oro - Medonte should include items such as:
1. Annual license for each tow truck business
2. Annual license for each tow truck
3. Annual license for every tow truck driver
4. Minimum liability insurance in the amount of two million dollars ($2,000,000.00)
5. Requirements for daily records of work performed:
a. Name of person for who work was performed;
b. Description and license plate number of vehicle towed or conveyed
c. Origin and destination of vehicle that was towed or conveyed.
6. Requirement for the tow truck business to maintain a land line, as their main
telephone line, with a local telephone number, for receiving calls
7. A zoning certificate would be required to ensure that the tow truck company
utilizes a properly zoned impound lot/compound within the Township, where all
vehicles are to be towed to unless written authorization from the driver /operator
of the vehicle is obtained for an alternate destination
8. All licensed tow truck companies become part of a Tow Association recognized
by the Township and the O.P.P., and the Association must establish rules and
regulations and establish a single point of contact for call dispatch from amongst
the membership
It is recognized that the licensing of tow truck businesses, tow trucks and tow truck
drivers will create additional administrative requirements for staff. As with the other
licenses that the Township issues, the licenses would be processed within ten (10)
business days of a complete application being received.
It should be noted that the Township's Comprehensive Zoning By -law currently does not
contain provisions with respect to impound lots /compounds. If the Township is to
proceed with the licensing as proposed in this report, it will be necessary to amend the
Comprehensive Zoning By -law to include provisions for impound lots /compounds.
FINANCIAL:
The revenues with respect to the licensing of tow trucks and tow truck drivers will be
dependent on the number of tow truck businesses, tow trucks and tow truck drivers
licensed on an annual basis.
POLICIES/LEGISLATION:
O Municipal Act, 2001, as amended
Corporate Services July 14, 2010
Report No. CS2010 -019 Page 3 of 4
Page 32 of 345
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►- � ���Q
9g) - Report No. CS 2010 -019, Doug Irwin, Director of Corporate Se...
CONSULTATIONS:
• Detachment Commander, Barrie Detachment, O.P.P.
• Director of Development Services
• Chief Municipal Law Enforcement Officer
• Chief Administrative Officer
ATTACHMENTS:
a Not applicable
CONCLUSION:
It is recommended that the Clerk bring forward a by -law, for Council's consideration, to
license, regulate and govern tow trucks and tow truck drivers operating within the
Township of Oro - Medonte.
Respecffull s bmitted:
J oug a in
irector of Corporate Services /Clerk
C.A.O. Approval /Comments:
Corporate Services July 14, 2010
Report No. CS2010 -019 Page 4 of 4
Page 33 of 345
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MIMI
lug I
ZONING BY -LAW AMENDMENT
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY- LAW NO. 2010 -178
Being a By -law to amend By -law 97 -95 to incorporate new
definitions for Wrecking Yard and Motor Vehicle Storage Yard and
the additional permitted Uses in Table A2 — Commercial Zones and
Table A3- Industrial Zones
WHEREAS it is considered desirable to control development within the Township of Oro - Medonte in
accordance with the Official Plan and to prohibit the use of land and the erection and use of buildings or
structures except for certain purposes, and to regulate the type of construction and the height, bulk,
location, size, floor area, character and use of buildings in accordance with the provisions of Section 34 of
the Planning Act, R.S.O. 1990 c.P. 13 as amended;
AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte is empowered to pass
By -laws to regulate the use of land pursuant to Section 34 of the Planning Act, R.S.O. 1990, c.P.13.
AND WHEREAS the passage of such a by -law will conform with the Official Plan;
NOW THEREFORE the Council of the Corporation of the Township of Oro - Medonte hereby enacts as
follows:
1. That By -law 97 -95, as amended is hereby further amended as follows:
(t) THAT "Section 6.0 — Definitions" is amended by adding the definition of MOTOR VEHICLE
STORAGE YARD as follows:
"MOTOR VEHICLE STORAGE YARD means land, building, or structure or part thereof used for
the temporary storage of impounded or towed vehicles within a secure area which is fenced and
gated or inside a building and where a storage fee is charged and may include property held
under police or other government authority."
(ii) THAT "Section 6.0 — Definitions" is amended by adding the definition of WRECKING YARD as
follows:
"WRECKING YARD means a place where motor vehicles are wrecked or dismantled and
resold."
(iii) THAT "Table A2 — Commercial Zones Permitted Uses" is hereby amended by adding "Motor
Vehicle Storage Yard" as a permitted use in the General Commercial (GC) Zone.
(iv) THAT `Table A3 — Industrial Zones Permitted Uses" is hereby amended by adding "Motor
Vehicle Storage Yard" as a permitted use in the Economic Development (ED) Zone.
2. That Table 62 — Standards for Commercial Zones is amended by adding the following "Special
Provisions" as follows:
(1) That no more than one Motor Vehicle Storage Yard is permitted in a General Commercial (GC)
Zone. That the maximum lot coverage of a Motor Vehicle Storage Yard is 20
3. That Table B3 — Standards for Industrial Zones is amended by adding the following "Special
Provisions" as follows:
(1) That no more than one Motor Vehicle Storage Yard is permitted in an Economic Development
(ED) Zone. That the maximum lot coverage of a Motor Vehicle Storage Yard is 20
4. This By -law shall come into effect upon the date of passage hereof, subject to the provisions of
the Planning Act, as amended.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 10 DAY OF
NOVEMBER, 2010.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hu
A�
Irwin
Page 15 of 71
5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
'M��t ��I
DEFINITIONS
1.1. For the purpose of this by -law:
Automobile: means a motor vehicle as defined by the Highway Traffic Act, R.S.O.
1990, CHAPTER H.8, as amended (herein referred to as the
Highway Traffic Act), trailer, traction engine, farm tractor, road -
building machine, bicycle and any vehicle drawn, propelled or driven
by any kind of power, including muscular power, but does not include
a motorized snow vehicle or streetcar.
Business: means a trade, or occupation and includes the sale or hire of goods
or services on an intermittent or one -time basis, and any activity or
thing a local municipality may licence under the Municipal Act, 2001,
S.O. 2001, c.25, as amended (herein referred to as the Municipal
Aco.
By -Law: means any by -law passed by Council of The Corporation of the
Township of Oro - Medonte.
Chief Municipal Law Enforcement Officer: means a person appointed to the
position of Chief Municipal Law Enforcement Officer by Council.
Clerk: means the Clerk for the Township of Oro - Medonte or their designate.
Collision: means a vehicle that has been in a collision with another vehicle(s) or
that has struck an object or was struck by an object, or that has
turned over, and in all such cases, did receive damage or was
damaged, and /or was disabled by a fire.
Collision scene: means the general location or place where a collision occurred and
includes an enforcement area.
Collision towing: means the towing of a disabled vehicle as the result of a collision,
but does not include the towing of a vehicle as a result of mechanical
failure, an impairment, a police seizure, a vehicle fire not involving a
collision, or other similar cause; and if the presence of a police officer
at the scene of a tow does not define or classify the towing as
"collision towing ".
Compound: means any fully fenced area within fencing a minimum of six (6) feet
high, overhead light which remain on during the dark hours and
accessible on a twenty -four (24) hour basis, located within the
boundaries of the Township of Oro - Medonte and in compliance with
the Township's Zoning By -law.
Corporation: means the Corporation of the Township of Oro - Medonte.
Council: means the Council for the Corporation of the Township of Oro -
Medonte.
Detachment Commander: means the Detachment Commander, Ontario Provincial
Police, Barrie Detachment, who is responsible for the effective
operation and administrative management of the Detachment in
accordance with the Ontario Provincial Police Policy.
Employee: means an officer, servant or other employee of the Township of Oro -
Medonte, but does not include:
a) a member of Council;
b) a Council appointee to a local board and whose remuneration
from the Township results from their membership on such local
board or other body;
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c) an employee of a local board or other body; or,
d) a municipal auditor.
Licensing Officer: means the Clerk for the Township of Oro - Medonte or their
designate.
Licence: means a Licence issued pursuant to this by -law.
Licencee: means a person who has been issued a Licence pursuant to this by-
law either in the current calendar year or in a previous calendar year
and shall include an Applicant.
Maintain: means to be in charge of, or have control of the operation of a
business, and shall include the operation of a vehicle.
Municipal Law Enforcement Officer: means a person appointed to the position of
Municipal Law Enforcement Officer by Council.
Nuisance: means any activity or action which disturbs or is likely to disturb any
individual.
Officer: means a Municipal Law Enforcement Officer, and /or a Provincial
Offences Officer as appointed by the Council of The Corporation of
the Township of Oro - Medonte.
Operate: means to manage, work, control, maintain, put or keep in a functional
state any business.
Owner: means the registered owner of the lands and premises or the person
or their authorized agent in lawful control of the premises, building or
occupancy and who permits the operation or maintenance of any
business.
Person: includes any individual, corporation, partnership, company,
association or parry and the heirs, executors, administrators, or other
legal representative of such person, to whom the context can apply
according to law; shall include any group of persons comprising a
society or other organization and shall include the plural wherein the
context requires.
Police Officer: means a Chief of Police or any other Police Officer, including a
person who is appointed as a Police Officer under the Interprovincial
Policing Act, 2009, S.O. 2009, Chapter 30 (herein referred to as the
Interprovincial Policing Act), but does not include a Special
Constable, a First Nations Constable, a Municipal Law Enforcement
Officer or an Auxiliary Member of a Police Force, as per the Police
Services Act, R.S.O. 1990, Chapter P.15 (herein referred to as the
Police Services Act).
Premise: means land, including any and all buildings or other structures
thereon and includes any vehicle or conveyance used in the
operation of the Towing Company.
Rates: means the agreed rates set out in the Tariff of Rates as identified in
Schedule A of this by -law to be periodically reviewed by the Licensing
Officer to account for fluctuations, inflation and any /all extreme
factors.
Shall: is mandatory and not directory; words in the singular include the
plural; words in the plural include the singular; words in the present
tense include future or past tense.
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Tow: means to remove or impound a vehicle whether or not such towed
vehicle is intact or in an inoperable condition, by means of a tow truck
or a flatbed truck also known as a tilt and load vehicle. In the
absence of any evidence to the contrary, the tow will be deemed to
originate in the Township of Oro - Medonte.
Township: means the Corporation of the Township of Oro - Medonte.
Towing Company: means a person who owns a tow truck or has possession or
control of a tow truck under an installment purchase agreement, a
rental agreement, or other agreement.
Tow Truck: means a motor vehicle used for hire for towing or otherwise
conveying vehicles whether or not such towed or conveyed vehicle is
intact or in an inoperable condition shall include but is not limited to
vehicles that tow or convey by way of tilt and load (flatbed), hoist,
dolly, pulleys, chains or other similar items.
Tow Truck Driver: means the person responsible for the care and operation of the
tow truck and services related thereto.
Vehicle: includes a motor vehicle, trailer, traction engine, farm tractor, road -
building machine, bicycle and any vehicle drawn, propelled or driven
by any kind of power, including muscular power, motor vehicle having
permanently attached thereto a truck or delivery body and includes
an ambulance, hearse, casket wagon, fire apparatus, bus and
tractors used for hauling purposes on the highway, but does not
include a motorized snow vehicle.
2. PURPOSE
2.1 The Council of the Township of Oro - Medonte considers it desirable and
necessary to licence, regulate or govern owners and drivers of tow trucks for
the purposes of:
a) Health and safety, to encourage safe maintenance and operational practices
for owners and drivers, to ensure accountability for health and safety issues.
b) For the purpose of consumer protection, to encourage equal, fair and
courteous treatment of passengers, drivers and owners.
d) To protect the property of passengers, to ensure competence of owners and
drivers in providing tow truck services.
e) To promote accountability, to ensure consistency in the application of rates
charged, to support proper and good practices, for the purpose of nuisance
control.
f) To promote professional behaviour and fair dealing among participants in
the business, to ensure courteous treatment, and to limit or mitigate
unsightliness, unnecessary noise, nuisance or disruption for passengers,
drivers, owners and the general public.
3. GENERAL PROVISIONS
3.1 Requirement for a Licence
a) Every person carrying on, conducting, operating, maintaining, keeping or
engaging in any activity as a tow truck owner and/or a tow truck driver, shall
be required to obtain a Licence to do so from the Licensing Officer.
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b) A person shall be acting as the driver or owner of a tow truck if that person
conveys or seeks to convey, for hire, or holds themself out, by their actions
or words, as being available to convey, for hire, a vehicle from a point within
the Township, to either a point also from within the Township, or any point
beyond its limits whether such conveyed vehicles are intact or inoperable.
C) An unlicenced owner and driver are both exempt from Subsections 3.1 a)
and 3.1 b) 4 such owner and driver are based outside the licensing boundary
of the Township and they are in the process of a towing a vehicle and that
specific service originated from outside the geographic boundary of the
Township.
d) Unless provided otherwise in this by -law a person who is the owner of more
than one tow truck shall take out a separate licence for each tow truck
owned by them which is to be used in the Township.
e) The person who is the owner of more than one tow truck shall not remove
and affix an issued owner's plate between tow trucks.
f) No person shall be licenced under this agreement unless they are at least
eighteen (18) years of age and a citizen of Canada or a landed immigrant, or
has a valid employment authorization issued by the Government of Canada
to work as a driver or owner and has a working knowledge of English.
g) The provisions of subsection 3.1 f) do not apply to a corporation.
h) No person shall publish or cause to be published any representation that
they are licenced under this by -law if they are not.
3.2 Application for a Licence - General
a) Any person required to obtain a licence pursuant to this by -law shall apply in
writing on the appropriate application as set out as Schedule ?? of this by-
law, and shall deposit, at the time of application, with the Licensing Officer,
all required Licence Fees as set out Schedule ?? to this by -law for each
category, as well as any required approvals, inspections or documentation
required by the provisions of this by -law or as deemed necessary by the
Licensing Officer.
b) The Licensing Officer shall not issue a licence until:
all required approvals and inspections have been obtained by the
applicant;
ii) all required documentation has been provided; and
iii) all licence fees have been paid in full.
C) There shall be a separate application for each towing company, tow truck
and tow truck driver to be licenced.
d) The applicant shall comply with any and all requirements as set out in this
by -law as well as any other provisions which may govern the business,
place or premise used in the carrying on of the business and/or the persons
carrying on the business or engaged in it and to which the application
pertains.
e) The Licensing Officer, upon receipt of the application for a licence may
make, cause to be made, or request, any additional documents,
investigations or inspections to be made in respect of such application for a
licence as the Licensing Officer deems appropriate or in the interest of the
general public, and any costs incurred for such inspection or documents
shall be at the applicant's expense.
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f) Upon being satisfied that the applicant is entitled to obtain a licence under
the provisions of this by -law, the Licensing Officer shall prepare and issue a
licence to the said applicant.
g) Any licence issued may be subject to such terms and conditions as the
Licensing Officer may prescribe.
h) Except as may otherwise be specified within this by -law, every licence shall
expire one year from the date from the day it was issued.
A renewal licence shall follow the same process as a new licence but will be
identified as a renewal on the application form.
If the applicant is a corporation, a copy of the incorporating document.
k) If the applicant is a registered partnership, a copy of the registered
declaration of partnership.
In regards to 3.2 j) or k), a record of all offences for which there has been a
conviction registered against the applicant under any by -law, provincial
statute or federal statute either as an individual applicant or as a partnership
applicant, directors or shareholders or officers of the corporate applicant;
such record issued within previous 60 days of the date of the application to
the Licensing Officer.
3.3 Application for a Towing Company
3.3.1 The applicant shall provide to the Licensing Officer, at the time of
application, all of the following applicable documents:
a) A duly completed application form as set out as Schedule ?? of this by -law.
b) A copy of the current valid motor vehicle permit issued by the Ministry of
Transportation issued in the applicant's name for each tow truck being
licenced. If a tow truck is a leased vehicle, the applicant shall provide a copy
of the lease agreement for each of leased tow truck being licenced.
c) A copy of the certificate of insurance for the tow truck for which they are the
owner. The Township shall be given at least ten (10) days' notice, in writing,
of the cancellation or expiration or variation in the amount of the policy and
insuring each such tow truck have a minimum of the following amounts:
In respect to any one claim, in the amount of at least $2,000,000
exclusive of interest and costs, against liability resulting from bodily
injury to or the death of one or more persons and loss or damage to
property.
ii) In respect of any one claim, in the amount of at least $200,000
against liability for damage to a customer's motor vehicle while in
their care, custody or control and caused by collision, upset, fire,
lightning, theft or attempt theft, malicious mischief, windstorm, hail,
explosion, riot, civil commotion or rising water.
iii) In respect of any one claim, cargo liability insurance in the amount of
at least $100,000 to indemnify the applicant against loss by reason of
their legal liability indirect physical loss or damage to vehicles and
other items of property accepted by the applicant for towing or
conveyance.
d) Insurance for the compound In respect of any one claim, proof of liability
insurance for the compound in the amount of at least $2,000,000.00 to be
separate from insurance policies for each tow truck.
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e) Proof of GST (Goods and Services Tax) registration or HST (Harmonized
Sales Tax) registration.
f) The vehicle identification number and the Ontario licence plate number as
issued by the Ministry of Transportation.
g) A valid and current Safety Standards Certificate issued pursuant to the
provisions of the Highway Traffic Act.
h) An Ontario Ministry of Transportation Annual Inspection certificate issued
under the Highway Traffic Act showing that the tow truck has been inspected
within the previous sixty (60) days of the date that the application has been
received by the Licensing Officer.
i) A Ministry of Transportation Safety Standards Certificate issued under the
Highway Traffic Act within the previous sixty (60) days of the date that the
application has received by the Licensing Officer.
D In the case of a tow truck which is not owned by the towing company, the
registered owner's name and address, the vehicle identification number and
the Ontario licence plate number as issued by the Ministry of Transportation
for each vehicle to be used as a tow truck.
k) A written Statement of Rates and Charges for all services provided by the
towing company. The licencee shall ensure that no other rates or charges
are demanded or received by any tow truck driver. The Statement of Rates
and Charges will be periodically reviewed by the Licensing Officer and Tow
Truck Companies to ensure mutually agreed upon rates.
1) A list of tow truck drivers who will drive tow trucks on behalf of the towing
company.
3.4 Application for a Tow Truck
3.4.1 The applicant shall provide to the Licensing Officer, at the time of
application, all of the following applicable documents:
a) The vehicle make, model, year and vehicle identification number for each
vehicle to be licenced as a tow truck.
b) Proof of liability insurance in the minimum amount of $2,000,000 for each
vehicle, naming the Corporation of the Township of Oro - Medonte as a third
party insurer.
c) A valid Safety Standards Certificate issued pursuant to the Highway Traffic
Act for the vehicle to be licenced as a tow truck.
d) A Tow Truck Licence may be reissued by the Licensing Officer for the
replacement vehicle where a person holds a valid Township Licence under
this section for the current year and where such person certifies that the tow
truck licenced under this section has been removed from service and is
being replaced by another vehicle to be operated as a tow truck, and upon
submission of:
e) A duly completed application form as set out as Schedule ?? of this by -law.
f) Any other required inspections, approvals or documents as required by the
Licensing officers.
g) Payment of the appropriate administrative fee as set out as Schedule ?? of
this by -law.
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3.5 Application for a Tow Truck Driver
3.5.1 The applicant shall provide to the Licensing Officer, at the time of
application, all of the following applicable documents:
a) Two (2) pieces of identification, one of which shall be photographic
identification detailing the applicant's birth date, legal name and current
residential address.
b) A Criminal Record Check obtained from a Police enforcement agency and
dated within 30 days of the date of receipt of the application.
c) An Ontario Driver's Licence abstract obtained from the Ministry of
Transportation and dated within 30 days of the date of receipt of the
application.
d) The applicant's original Ontario Driver's Licence with a minimum Class G
designation with no driving restrictions.
e) Documentation to the satisfaction of the Licensing Officer from the owner of
the towing company for whom the applicant is to provide services as a tow
truck driver confirming that the applicant is employed by or otherwise
authorized to provide services as a tow truck driver for the said towing
company.
f) Necessary inspections, documents and approvals as set out on the
application form as Schedule ?? of this by -law, and as deemed necessary
by the Licensing Officer.
g) A statement in writing if they has any interest either directly or indirectly, in a
vehicle pound, yard or building used for the storage or impounding of
vehicles, a vehicle body shop or other kind of public garage or any other
yard, shop, building or place used for the storage, repair or servicing of
vehicles, and provides and files with a Licensing Officer full information as to
the location and the type of facilities in which they has an interest and the
nature and extent of the interest.
3.3 Duties of Licensing Officer
a) Upon receipt of a complete application including required documentation
and the appropriate fees have been paid, the Licensing Officer may prior to
the issuance of any such licence:
i) make any inquiries to any municipal employee(s) who has carried out
inspections relative to the application.
ii) receive reports from such municipal employee(s) as may be deemed
necessary.
iii) inquire into all relevant matters in order to ascertain if the applicant is
entitled to a licence under the provisions of this by -law.
b) Where the Licensing Officer is satisfied that the applicant is entitled to obtain
a licence under the provisions of this by -law, the Licensing Officer shall
prepare and issue a licence to the said applicant.
C) Where the Licensing Officer is not satisfied that the applicant is entitled to
obtain a licence under the provisions of this by -law, the Licensing Officer
shall prepare a written notice to the said applicant outlining the said reasons.
The notice shall include a statement that the applicant has the right to
appeal the decision of the Licensing Officer to Council.
3.4 Administration Fees
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a) Administration fees, as set out as Schedule ?? of this by -law are to be paid
prior to the issuance of a license.
b) An administration fee of twenty -five dollars ($25.00) will apply to the
following:
i) In the event that a licence issued under this by -law is lost or
destroyed, the Licensing Officer upon satisfactory proof of such loss
or destruction, and upon payment of an administration fee, the
Licensing Officer shall issue a duplicate of the original licence, upon
which shall be stamped or marked the word "DUPLICATE ".
ii) Where ownership of an business is not changed or affected but such
the operating name of an business changes, the licencee shall
immediately notify the Licensing Officer and upon payment of an
administration fee and being satisfied that there have been no other
changes in the circumstances of the licenced business, the Licensing
Officer may issue a replacement of the original licence. The licencee
shall return and surrender their licence in order to affect such a
change.
3.5 Change of Ownership
a) Every licencee shall, upon change of ownership of the licenced business
return and surrender their current licence to the Licensing Officer. The new
owner shall make application for a new licence as set out in this by -law.
3.6 Change of Premise or Location
a) Where a currently licenced business changes location or premise, such new
location or premise shall not be deemed to be licenced. The applicant must
immediately make application for a new licence under the provisions of this
by -law and shall surrender to the Licensing Officer the licence issued in
respect of their previous location or premise.
3.7 Licences Personal
a) No person shall enjoy a vested or property right in any licence or the
continuance of any licence and such licence and such rights shall remain the
property of the Township.
b) Licences are not transferable.
4. INSPECTION
a) The Municipal Law Enforcement Officer, Provincial Offences Officer, Police
Officer, Highway Safety Division Inspector or other duly appointed individual
may at all reasonable times, inspect or cause to be inspected the premise,
facilities, equipment, vehicles, and other property used or kept for hire in
connection with the carrying on of a business which is licenced or which is
required to be licenced pursuant to this by -law.
b) The Licensing Officer may waive the requirement for any inspection,
approval or documentation as may be required pursuant to this by -law
where such inspection, approval or documentation is not applicable to the
carrying on of the business which is licenced or required to be licenced
under this by -law.
5. POSTING OF LICENCE
a) All licences issued under this by -law shall be prominently and conspicuously
posted on the licenced truck at all times, is required to be shown by the tow
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truck driver to the hirer prior to the commencement of any work and is
required to be produced by the towing company owner if requested.
6. REFUSAL TO GRANT A LICENCE
6.1 The Licensing Officer may refuse to grant or issue a licence to any applicant
who:
a) Has past breaches of this by -law.
b) Has failed to comply with the requirements of this by -law or other applicable
by -laws of the Township or of any Local Board thereof, or of any Statue,
Order -in- Council, or Regulation of the Provincial Legislature or the
Parliament of Canada, or of any Agency, Board of Commission thereof, in,
upon or in connection with the applied for licenced activity of the business,
vehicle or premises used or for hire in connection with the licence activity.
C) Has any outstanding fines imposed under the Provincial Offences Act for the
contravention of any provision of this by -law, any other municipal by -law or
Provincial statute where such fine is associated with an offence arising out of
the conduct, operation or activity within or in conjunction with such
business.
d) Has not paid the fees as set out as Schedule ?? of this by -law.
6.2 The Licensing Officer may refuse to grant a licence to any applicant where
the Licensing Officer believes it is in the public interest to do so.
6.3 The Licensing Officer may refuse to grant a licence to any applicant where
the Licensing Officer has received three substantiated complaints in one
licensing year regarding the applicant.
7. SUSPENSION/REVOCATION
7.1 The Licensing Officer may suspend or revoke a licence issued to any
licencee who:
a) Has past breaches of this by -law.
b) Has failed to comply with the requirements of this by -law or other applicable
by -laws of the Township or of any Local Board thereof, or of any Statue,
Order -in- Council, or Regulation of the Provincial Legislature or the
Parliament of Canada, or of any Agency, Board of Commission thereof, in,
upon or in connection with the applied for licenced activity of the business or
premise, facilities, equipment, vehicles and other property used or kept for
hire in connection with the licence activity.
C) Has any outstanding fines imposed under the Provincial Offences Actfor the
contravention of any provision of this by -law or any other municipal by -law or
Provincial statute where such fine is associated with an offence arising out of
the conduct, operation or activity within or in conjunction with such business.
7.2 The Licensing Officer may suspend or revoke any licence issued to any
applicant where the Licensing Officer believes it is in the public interest to do
so.
7.3 The Licensing Officer may suspend or revoke a licence to any applicant
where the Licensing Officer has received three substantiated complaints in
one licensing year regarding the applicant.
7.4 Any suspension of a licence may be subject to such terms and conditions as
the Licensing Officer may prescribe.
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7.5 No person shall operate any Towing Company, tow truck or act as a tow
truck driver contrary to any licence suspension, or terms and conditions
thereto, or where such licence has been suspended or revoked.
8. NOTICE AND APPEAL
8.1 Where the Licensing Officer refuses to issue, suspends, imposes conditions
onto a licence, or revokes a licence, the Licensing Officer shall notify the
applicant in writing of such decision. The Notice of Decision shall set out:
a) The grounds upon which the issue of the said licence is refused, suspended,
conditions are imposed or revoked.
b) That the applicant or licencee may appeal such decision to Council by filing
with the Clerk an appeal, in writing, of the said decision within fifteen (15)
business days of being notified of the decision of the Licensing Officer.
c) A statement that 4 no such appeal is received by the Clerk within fifteen (15)
business days of being notified of the decision of the Licensing Officer, that
the applicant or licencee shall not be entitled to any further notice of
proceedings.
8.2 Upon receipt of an appeal from the applicant or licencee the Clerk shall:
a) Fix a date and time for such matter to be considered by Council.
b) Mail a Notice of Hearing to the applicant or licencee by registered mail at
their last address as shown in the records of the Licensing Officer and to any
other person who has applied to be heard with regard to the matter at least
fifteen (15) business days prior to the date and time fixed for such hearing.
8.3 Where the Clerk does not receive an appeal from an applicant within fifteen
(15) business days, the Licensing Officer need not process the application
further, no further notice is required to be served on the applicant, and a
refund of any fees paid is not required.
8.4 A the Hearing Council may:
a) Receive a written report from the Licensing Officer or anyone who may be
involved in the matter being considered by Council.
b) Afford an opportunity to the applicant or licencee, either personally or
through their agent or solicitor, to present such material and evidence
relevant to the issue before Council and they may ask questions of any
person presenting evidence or a report to Council relevant to the said issue.
c) Afford any other person who requests to be heard and who appears to have
an interest in the matter under discussion, an opportunity to present material
and evidence relevant to the issue before Council and to ask questions of
any person presenting evidence or a report to Council relevant to the said
issues.
8.5 Where an applicant has been referred to Council for a hearing and the
applicant does not attend before Council at the time and place of which
notice has been served upon such applicant, Council may hold a hearing in
the absence of the applicant or may decide to take no further action with
respect to the application, and no further notice is required to be served
upon the applicant.
8.6 Council, in considering whether or not to grant, refuse, revoke or suspend a
licence shall have regard to the following:
a) Whether or not the applicant or licencee and the compound, tow truck and/or
tow truck driver in connection with the carrying on of a business which is
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licenced or which is required to be licenced, pursuant to this by -law,
complies with all requirements of this by -law.
b) Whether or not the applicant or licencee has failed to promptly remedy any
reasonable concern with regard to those matters set out in this by -law or has
committed past breaches of this by -law.
c) Whether or not the applicant or licencee has failed to comply with any
requirements of any other applicable by -law of the Township or any Local
Board thereof or of any statute, Order -in- Council, or Regulation of the
Provincial Legislature or the Parliament of Canada, or of any Agency, Board
or Commission thereof, in, upon or in connection with the licenced activity.
d) Whether or not the applicant or licencee has any outstanding fines imposed
under the Provincial Offences Act for the contravention of any provision of
this by -law.
8.7 Where an applicant has been referred to the Council for a hearing and the
applicant does not attend before the Council at the time and place of which
notice has been served upon such applicant, the Council may hold a hearing
in the absence of the applicant or may decide to take no further action with
respect to the application, and no further notice is required to be served
upon the applicant.
8.8 Council may, after the appropriate hearing is conducted, grant a licence,
refuse to grant a licence, revoke a licence, suspend a licence or impose
conditions on a licence, and may make any suspension of licence subject to
such terms or conditions as Council may prescribe and a decision made
pursuant to the exercise of these powers is final and binding upon the
applicant or licencee.
8.9 The decision made by Council shall be confirmed in writing by the Chair of
the Council meeting and shall be mailed to the applicant or licencee at their
last address as shown in the records of the Licensing Officer, to any person
who has appeared before Council and requested that a copy of the decision
be provided to them, and to the Licensing Officer.
9. DUTIES OF A TOWING COMPANY, TOW TRUCK OWNER AND TOW
TRUCK DRIVER
9.1 Every licensed towing company shall:
a) Provide and maintain a suitable office for the purpose of dispatching and
administration of the Towing Company, within the compound as permitted in
the Township's Zoning By -law.
b) Ensure that they are able to provide 24 hour tow truck service to the public
for each day of the year.
C) Ensure compliance, with Sections 9.2 and 9.3 of this by -law for any tow truck
owner and tow truck driver operating on the towing company's behalf where
applicable.
d) Provide telephone and radio dispatching equipment and facilities in proper
working condition.
e) Permit to be operated only a tow truck with a gross vehicle weight rating of
at least 4,536 kg (10,000 lbs.) and a wrecker body.
Ensure that every driver of a tow truck shall be familiar with the provisions of
this by -law, the laws and regulations relating to traffic and the geography of
the Township.
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g) Ensure that every driver of a tow truck is the holder of valid driver's licence
issued to them by the Ministry of Transportation for the Province of Ontario
and that such licence is valid at all times which such driver is engaged in
driving any tow truck used by the licencee.
h) Shall submit such tow truck for safety inspection annually or as otherwise
required by the Licensing Officer, Municipal Law Enforcement Officer,
Provincial Offences Officer, Police Officer, Highway Safety Division or other
duly appointed individual under the provisions of the Highway Traffic Act as
necessary, and such valid and current Safety Standards Certificate issued
pursuant to the Highway Traffic Act shall be filed with the Licensing officers.
Maintain with the Licensing Officer at all times, a list of tow truck drivers who
will drive tow trucks on behalf of the towing company.
Responsible for the due performance and observance of all the provisions of
this by -law by themselves and by their employees and all other persons in or
upon the premise which is licenced under the provisions of this by -law.
k) In the carrying out of their business use only stationery, forms, bills, invoices,
statements and any other printed or written advertising material including
any published advertisement in a newspaper, periodical, directory or other
publication, which has printed therein in clearly legible figures and letters
their name and address.
1) Have attached to or painted on both sides of the body of the tow truck in a
location approved by a Licensing Officer, in letters and figures not less than
eight centimetres (approximately three inches) in height, the name and
telephone number of the as shown on the owner's licence.
m) Where the Towing Company owner owns more than one truck, a number
identifying each tow truck.
n) Only use the service of a tow truck driver who is licensed as a driver under
this by -law.
9.2 Every licensed tow truck owner shall:
a) Maintain the interior and exterior in good repair and keep the tow truck in a
clean and sanitary condition at all times.
b) Ensure that the tow truck driver operating on their behalf charge the rates for
services permitted by the provisions of this by -law.
C) Ensure that the tow truck driver operating on their behalf charge the rates,
as set out in the schedule of rates filed with a Licensing Officer for towing
and for services other than collision towing.
d) Keep an orderly record of all calls answered by tow trucks owned by them
showing date, time, origin, destination, tow truck vehicle licence number and
the name of the driver, type of service provided and remuneration collected.
The records shall be retained for a period of 12 months from date of entry
and shall be open for inspection by any Municipal Law Enforcement Officer,
Police Officer or other duly appointed individual at any reasonable time and
may be removed by such Municipal Law Enforcement Officer, Police Officer
or other duly appointed individual and retained for any reasonable period of
time.
e) Ensure that they are able to provide 24 hour tow truck service to the public
for each day of the year.
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Provide telephone and radio dispatching equipment in proper working
condition.
g) Permit to be operated only a tow truck with a gross vehicle weight rating of
at least 4,536 kg (10,000 lbs.) and a wrecker body.
h) Ensure that every driver of a tow truck shall be familiar with the provisions of
this by -law, the laws and regulations relating to traffic and the geography of
the Township.
Ensure that every driver of a tow truck is the holder of valid driver's licence
issued to them by the Ministry of Transportation for the Province of Ontario
and that such licence is valid at all times which such driver is engaged in
driving any tow truck used by the licencee.
Shall submit such tow truck for safety inspection annually or as otherwise
required by the Licensing Officer, Municipal Law Enforcement Officer,
Provincial Offences Officer, Police Officer, Highway Safety Division or other
duly appointed individual under the provisions of the Highway Traffic Act as
necessary, and such valid and current Safety Standards Certificate issued
pursuant to the Highway Traffic Act shall be filed with the Licensing officers.
k) Maintain with the Licensing Officer at all times, a list of tow truck drivers who
will drive tow trucks on behalf of the tow truck owner.
Responsible for the due performance and observance of all the provisions of
this by -law by themself and all other persons operating the tow truck on their
behalf, which is licenced under the provisions of this by -law.
m) In the carrying out of their business use only stationery, forms, bills, invoices,
statements and any other printed or written advertising material including
any published advertisement in a newspaper, periodical, directory or other
publication, which has printed therein in clearly legible figures and letters
their name and address.
n) Have attached to or painted on both sides of the body of the tow truck in a
location approved by a Licensing Officer, in letters and figures not less than
eight centimetres (approximately three inches) in height, the name and
telephone number of the as shown on the owner's licence. Where the
Towing Company owner owns more than one truck, a number identifying
each tow truck.
o) Only use the service of a tow truck driver who is licensed as a driver under
this by -law.
p) Have affixed to the tow truck in a location approved by a Licensing Officer
the owner's plate issued for that tow truck.
q) Notify forthwith a Licensing Officer in writing of the particulars of such
agreement or arrangement to transfer possession and control of a tow truck
for which they have an owner's plate to another person and where such
agreement or arrangement is in writing shall file it with a Licensing Officer.
r) Give written notice of the sale or other disposition of a tow truck to a
Licensing Officer within seven (7) days of any such sale or disposition.
s) Accept full responsibility for the acts and omissions of any driver or other
employee to the extent that any such acts or omissions do not comply with
the provisions of this by -law.
Advise the Licensing Officer, within 10 days, of any change in any licence
plate issued by the Ministry of Transportation
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9.3 Every licensed tow truck driver shall:
a) Maintain the interior and exterior in good repair and keep the tow truck in a
clean and sanitary condition at all times.
b) Comply with all reasonable instructions from the hirer.
c) Take due care of all vehicles and property delivered or entrusted to them for
towing.
d) Be civil and behave courteously.
e) Keep an orderly record of all calls answered by them showing date, time,
origin, destination, tow truck vehicle licence number and the name of the
driver, type of service provided and remuneration collected. The records
shall be retained for a period of 12 months from date of entry and shall be
open for inspection by any Municipal Law Enforcement Officer, Police
Officer or other duly appointed individual at any reasonable time and may be
removed by such Municipal Law Enforcement Officer, Police Officer or other
duly appointed individual and retained for any reasonable period of time.
f) Before demanding payment for services, present to the hirer an itemized bill
for the services setting out the cost of all services and equipment provided or
to be provided on the basis of the rate set out in the tariff of rates as
identified as set out as Schedule 3 of this by -law and as submitted to the
Licensing Officer.
g) Keep in the tow truck and show to the hirer a copy of a tariff card showing
the collision rates, as per the Schedule 3 of this by -law, the applicable
schedule of rates filed with a Licensing Officer in accordance with this by-
law, and also showing, if applicable, that the hirer may be charged additional
fees for storage by the operator of any storage facility or business to which
the hirers vehicle is to be towed.
h) Operate only a tow truck with a gross vehicle weight rating of at least 4,536
kg (10,000 lbs.) and a wrecker body.
i) Operate only a tow truck which has all of the following equipment in a good
state of repair:
i) A winching or hoisting device of sufficient capacity to lift safely the
vehicle to be towed.
ii) Wheel lift or an underlift equipped and maintained in a manner to
ensure the safe lifting and conveying of a vehicle to be towed.
iii) One device for securing the steering wheel of a vehicle.
iv) One dry chemical fire extinguishers having an effective total rating
equivalent to at least 4 -B C, and weighing at least 2.27 kg
(approximately 5 Ibs.).
V) A minimum of two tow safety chains having a minimum length of
2.7432 metres (approximately 9 feet) each with links of at least
7.9375mm steel (5/16 inches).
vi) Four (4) safety pylons.
vii) An intermittent amber warning light system consisting of at least one
light which would be clearly visible in all directions for a distance of
least 100 metres (approximately 328 feet).
viii) A broom.
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ix) A shovel.
x) A general purpose first aid kit.
A) A crowbar /prybar at least 152.4 cm (60 inches) in length.
xii) At least two wheel blocks.
xiii) Flares or reflector kits.
xiv) Wheel wrenches.
xv) Light bar for a rear extension carrier.
xvi) A dolly.
xvii) A safety vest.
xviii) Portable tow lights.
xix) Any other equipment as may be required under the Highway Traffic
Act.
xx) Any equipment the tow truck driver deems necessary and
appropriate.
j) Produce trip records upon the request of any Licensing Officer, Municipal
Law Enforcement Officer, Provincial Offences Officer, Police Officer,
Highway Safety Division or other duly appointed individual.
k) Drive the tow truck which is towing or otherwise conveying a vehicle by the
most direct route to the destination requested by the hirer, and in the most
expeditious manner, unless otherwise directed by the hirer.
1) Drive the tow truck to a pound authorized by the Township by the most
direct route unless the hirer requests that the vehicle be delivered
elsewhere.
m) Take due care of all property delivered or entrusted to them and accepted by
them for conveyance or safekeeping.
n) With the gained approval of the Investigating Police Officer, clean up any
debris, fragments of glass, vehicle parts or other materials (excluding loads
dumped during the collision) and which may be a danger to the public from
any highway or roadway prior to towing the vehicle from the collision scene.
o) Retain all Towing Authorization Forms for at least ninety (90) days from the
tow date indicated on the Towing Authorization Form and make them
available for inspection upon request by a Police Officer or Licensing Officer.
p) Where the hirer refuses to sign the Towing Authorization Form, the driver
must indicate such on the force and retain this form for at least ninety (90)
days from the tow date indicated on the Towing Authorization Form and
make it available for inspection upon request by a Police Officer, or a
Licensing Officer.
q) Place their tow truck driver's photographic identification card, as issued by
the Township pursuant to the provisions of this by -law, in such a manner in
the tow truck they are driving as to be conveniently seen and read by
passengers.
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Punctually keep all their appointments and engagements resulting from calls
and shall, unless the tow truck they are driving has been previously
engaged, serve at any place within the Township and at any specified time,
whether by day or night, any person who may lawfully require their tow truck
and they shall not neglect to fulfill their appointments or engagements except
for reasons beyond their control.
S) Upon request of any passenger, give in writing their name and number of
the licence issued to them under the provision of this by -law.
10.5 Every Tow Truck Owner and Tow Truck Driver shall be prohibited to:
a) Use any vehicle as a tow truck unless such vehicle has been licenced
under the provisions of this by -law.
b) Provide any service or operate as a tow truck driver for any towing
company which is not licenced under the provisions of this by -law.
C) No person providing services or operating as a tow truck driver shall
receive dispatched calls from a Towing Company unless such towing
company is licenced under the provisions of this by -law.
d) Where the request to tow a vehicle is from a hirer or where the tow is
required as a result of a motor vehicle collision, the driver shall not
commence to tow or otherwise convey or move any vehicles, hook, lift or
connect the vehicle to the tow truck unless the tow truck driver has
completed a Towing Authorization Form, provided the form to the hirer,
and it has been dated and signed by the hirer and the driver has provided
a copy thereof to the hirer.
e) Commence to tow or otherwise convey or move any vehicle, or hook, lift
or connect the vehicle to the tow truck, or perform any other services
unless first requested to do so by a hirer, a Police Officer, any member of
a Municipal Fire Department, or any person authorized by law to direct the
removal of the vehicle from private or public property.
f) Alter the Towing Authorization Form.
g) Charge any fare or rate which is contrary to those approved by the
Licensing Officer.
h) Stop, or park within two hundred (200) metres (approximately 656 feet) of
a collision scene but this does not apply where the tow truck driver has
been summoned to the location of the collision by one of the persons
referred to in subsection (2) (a) or where there are fewer tow trucks at the
collision scene than vehicles apparently requiring the services of a tow
truck.
i) Ask or seek out a hirer or allow or direct an agent to ask or seek out a
hirer, at a collision scene or within two hundred (200) metres
(approximately 656 feet) of a collision scene, where the actions of the
driver or agent constitute a nuisance.
j) Tow or otherwise convey or move any vehicle which is to be towed
outside of the Township unless it is to a pound authorized by the
Township or it is requested by the owner or operator of the vehicle, a
Police Officer or member of the Municipal Fire Department.
k) Drive or act as a driver unless the registered owner or where applicable,
the lessee, of the tow truck is licensed under this by -law.
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I) Remain at the scene of a tow after a police officer or member of a
municipal fire department at the scene has requested that the driver leave
the scene immediately.
m) Interfere with any contract for hiring of a tow truck where a person has hired
or has indicated their intention to hire a tow truck.
n) Induce any person to employ or hire a tow truck by making any false
representations to any person, including representations regarding the
location of, or distance to, any place.
o) Use or permit to be used, a tow truck which has been found to be unsafe or
defective after examination and inspection as required under this by -law.
P) Demand or request payment for their services other than in accordance with
the applicable schedule of rates filed with a Licensing Officer.
q) Demand or request or receive a drop fee.
r) Charge a hirer for time lost through defects or inefficiency of the tow truck, or
the incompetence of the tow truck owner or driver
S) Suggest or recommend to any hirer that any motor vehicle in respect of
which their services are to be given or requested, be towed, conveyed,
driven or delivered to any particular salvage yard, body shop, storage yard
or any other public garage, building or place, unless they have been
requested to do so by the hirer.
t) Permit a person to be a passenger in a tow truck, except under the following
circumstances:
i) the passenger is the hirer of the tow truck.
ii) the passenger is either the spouse, son, daughter or parent or similar
relation in law of the tow truck driver, and in such cases, the driver is
not to solicit a tow, engage in any form of towing or have their tow
truck within two hundred (200) metres (approximately 656 feet) of the
collision scene, nor shall the driver cause or permit their passenger to
solicit a tow or take any actions to engage in any form of towing while
the passenger is in the tow truck.
iii) the passenger has been issued a temporary driver's licence and is
receiving instructions on driver training as to the operation of a tow
truck while a passenger.
u) Solicit any person to take or use the tow truck they are driving by calling out
or shouting or employ or allow any runner or other person to assist or act in
concert with them in obtaining any business. The person wishing to use or
engage the tow truck shall be left to choose without interception or
solicitation.
V) Obstruct the use of any sidewalk, make any loud noise or disturbance, use
any abusive language, annoy or insult any person whatsoever.
w) Park, stop or otherwise stand the tow truck contrary to any Township by -law
except while actually at the vehicle and engaged in services as provided by
such driver.
X) Smoke in contravention of any Township by -law regarding smoking or any
other applicable legislation, whichever is the most restrictive.
Y) In any manner, falsely represent themself as an employee of the Ontario
Provincial Police, any other Police Agency or the Township.
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Z) Operate a tow truck at any time where such vehicle being operated as a tow
truck does not meet, or if put to an inspection, could not pass the Safety
Standards established pursuant to the Highway Traffic Act.
aa) No person shall permit any tow truck driver to drive any tow truck unless
such tow truck driver is licenced under the provisions of this by -law.
bb) No person shall permit any person to dispatch calls on behalf of the Towing
Company or to a Tow Truck unless such company or vehicle is licenced
under the provisions of this by -law to do so.
cc) Not breach or violate or cause, suffer, or permit any breach or violation of
any by -law of the Township, or of any statute, Order -in- Council, or
Regulation of the Legislature of the Province of Ontario or the Parliament of
Canada or of any Agency, Board or Commission thereof, in, upon, or in
connection with the vehicle or activity for, or in relation to which the licence
has issued.
dd) Not cause, suffer or commit any nuisance to arise in, on, or in connection
with the vehicle or activity for which the licence has been issued.
11. TRAINEES AND TRAINING INSTRUCTION
a) Where a person who is permitted to be a passenger pursuant to this by -law
is receiving instructions on driver training such passenger shall not be:
i) Trained for more than one thirty -day period commencing from the
date that the application for a driver's licence was submitted to a
Licensing Officer;
ii) Permitted more than one such thirty -day training session regardless
of the number of applications for a driver's licence the applicant may
have made to a Licensing Officer; or
iii) A nuisance, or hindrance or such passenger shall not create a
disturbance while in the process of receiving such training.
b) Where an application for a driver's licence has been submitted to the
Licensing Officer, and where the applicant for such driver's licence will be
receiving instructions on driver training from the licensed owner, the
Licensing Officer shall issue a trainee licence which shall expire thirty (30)
days from the date that the application is submitted and is completed within
the provisions of this by -law.
C) No person shall be a passenger in a tow truck who is receiving instructions
on driver training prior to the issuance of a thirty (30) day trainee licence.
d) No person shall instruct, or permit to be instructed, a passenger on driver
training prior to the issuance of a thirty (30) day trainee licence.
12. ENFORCEMENT
a) A Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences
Officer, Police Officer, or other duly appointed individual shall enforce the
provisions of this by -law.
13. REGISTRY
a) The Licensing Officer shall keep a licence register in which shall be recorded
the full operating name and address of each licencee, the address of the
place or premise in which the licencee carries on, conducts, operates,
maintains, keeps, or engages in the business, for which the licence was
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issued, the number of the licence and any plates issued, the date of issue,
the amount of the licence fee paid, the date of expiry of the licence, the type
of licence issued, and any other particulars or observations pertaining to the
same which are useful or necessary. A copy of the updated licence registry
shall be provided to the Ontario Provincial Police Barrie Detachment upon
each update.
14. INSURANCE
a) All insurance required under the provisions of this by -law shall be provided
at the time of application in a form acceptable to the Township and in the
amount as specified pursuant to the applicable sections of this by -law unless
otherwise approved or required by Council. Where applicable, Certificates
of Insurance shall name The Corporation of the Township of Oro - Medonte
as an additional insured. Further, any liability insurance shall contain an
endorsement specifying that the Township shall be given thirty (30) days
written notice of any cancellation, expiration or change in the policy.
b) If for any reason such liability insurance is cancelled, expires or for any other
reason does not remain in effect, the licence for which the insurance was
required shall become void on the final date for which the insurance was
valid.
15. FEES AND INSPECTIONS
a) Schedule ?? of this by -law sets out the inspections, and documentation
required to accompany any application and further establishes the licence
fee required to be paid by the applicant at the time of application.
b) Incomplete applications shall be considered to have been received and may
be returned to the applicant or held pending further information and the
applicant will be provided a written notice of such actions of the Licensing
Officer. Once the application and fee is submitted to the Licensing Officer,
the fee shall not be reimbursed.
16. SCOPE AND AUTHORITY
a) Where a matter is subject to provincial regulation, any provision of this by-
law is without effect to the extent that it prohibits or regulates the matter in
substantially the same way as or in a more restrictive way than the provincial
regulation.
17. EXPIRY OF LICENCE
a) The date of expiry for all licences issued under the provisions of this by -law
shall be one year from date of issue unless otherwise specified on the
licence and each renewal of licence shall, thereafter, expire on such date in
each subsequent year.
18. SEVERABILITY
a) Should any section of this by -law be declared by a Court of competent
jurisdiction to be ultra vires or illegal for any reason, the remaining parts
shall nevertheless remain valid and binding, and shall be read as if the
offending section or part had been struck out.
19. EXEMPTIONS
a) The Licensing Officer and /or Council may grant an exemption to any
person from any provision of this by -law and impose conditions for such
exemption as may be considered reasonable and necessary, provided
such exemption does not interfere with the general integrity of this by -law.
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b) In the event that a situation develops that requires specialized towing
equipment that is not available through a licensed owner /driver then the
closest available towing service with the necessary equipment may be
called and the company's owner and driver shall be exempt from the
requirements of this by -law for the duration of the call for service.
C) In the event that a Police Officer requires the tow truck services to be
provided from a tow truck company that has a contract or memorandum of
understanding with the Ontario Provincial Police or any other Police
Service, the necessary tow truck company may be called and the
company's owner and driver shall be exempt from the requirements of this
by -law for the duration of the call for service.
20. PENALTIES
a) Every person who contravenes the provisions of any section of this By -law
and every Director or Officer of a Corporation who concurs in the
contravention by the Corporation, is guilty of an offence and liable upon
conviction liable to a fine not exceeding $25,000.00. (Municipal Act).
b) Where a Corporation is convicted of an offence under the provisions of this
By -law, the maximum penalty that may be imposed on the Corporation is
$50,000.00. (Municipal Act).
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Attachment D
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -093
Being a By -law to License and Regulate Towing Companies,
Tow Truck Owners and Tow Truck Drivers.
( "Towing By -law ")
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality has the capacity, rights, powers and
privileges of a natural person for the purpose of exercising the authority under the
Act;
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that the powers of a municipality shall be interpreted broadly so
as to confer broad authority on the municipality to enable the municipality to govern
its affairs as it considers appropriate and to enhance the municipality's ability to
respond to municipal issues;
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, enables a municipality to enact by -laws for the purpose of business
licensing;
WHEREAS Part IV of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides for licences;
WHEREAS Section151 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a municipality may provide for a system of licences with
respect to a business;
WHEREAS Section155 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a local municipality, in a by -law under Section 151 with
respect to owners and drivers of tow trucks and vehicles, other than motor vehicles,
used for hire may (a) establish rates of fares to be charged for the conveyance of
property or passengers either wholly within the municipality or from any point in the
municipality to any point outside the municipality; and (b) provide for the collection
of the rates or fares charged for the conveyance;
AND WHEREAS the Council of The Corporation of the Township of Oro -
Medonte has deemed it expedient to licence and regulate towing companies, tow
truck owners and tow truck drivers.
NOW THEREFORE, the Council of The Corporation of the Township of Oro -
Medonte enacts as follows:
1. That the Licensing and Regulation of Towing Companies, Tow Truck
Owners, and Tow Truck Drivers shall be governed by the provisions and
regulations contained in Appendix "A" and Schedules 1, 2, 3, 4, 5, 6, and 7
attached hereto and forming part of this by -law.
2. That this by -law may be cited as the "Towing By -law"
3. That Towing Companies, Tow Truck Owners, and Tow Truck Drivers
operating within the geographical boundaries of the Township of Oro -
Medonte shall have 6 months from the date of this by -law coming into effect
to be licensed in accordance with the provisions of this by -law.
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Attachment D
4. This By -law shall come into force and effect on the date of its final
passing.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS
DAY OF 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Clerk, J. Douglas Irwin
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Attachment D
APPENDIX "A"
To By -law No. 2011 -093
1. DEFINITIONS
1.1. For the purpose of this by -law:
Applicant: means a person or corporation having made an Application pursuant
to this by -law but has not yet been issued a License pursuant to this
by -law.
Automobile: means a motor vehicle as defined by the Highway Traffic Act, R.S.O.
1990, Chapter H.8, as amended, (herein referred to as the Highway
Traffic Act), but does not include a motorized snow vehicle or
streetcar.
Business: means a trade, or occupation and includes the sale or hire of goods
or services on an intermittent or one -time basis, and any activity or
thing a local municipality may License under the Municipal Act, 2001,
S.O. 2001, c.25, as amended (herein referred to as the Municipal
Act).
By -Law: means any by -law enacted by the Council of the Corporation of The
Township of Oro - Medonte. w.
Chief Municipal Law Enforcement Officer: means a person appointed to the
position of Chief Municipal Law Enforcement Officer by the
municipality and their designate.
Clerk: means the Clerk for the Township or their designate.
Collision: means a vehicle that has been in a collision with another vehicle(s) or
that has struck an object or was struck by an object, or that has
turned over, and in all such cases, did receive damage or was
damaged, or appears to have been damaged and /or was disabled by
a fire.
Collision scene: means the general location or place where a collision occurred and
includes two hundred (200) metres of the location or place of the
collision.
Collision towing: means the towing of a disabled vehicle as the result of a collision,
but does not include the towing of a vehicle as a result of mechanical
failure, an impairment, a police seizure, a vehicle fire not involving a
collision, or other similar cause, and if the presence of a police officer
at the scene of a tow does not define or classify the towing as
"collision towing ".
Compound: means any fully fenced area with fencing a minimum of six (6) feet
high, overhead light which remain on during the dark hours and the
lighting is consistent throughout the impound area or an indoor
secured facility, accessible on a twenty -four (24) hour basis, with
restricted access for pedestrians, with a separate access from any
other residential or commercial operation on the property, located
within the boundaries of the Township of Oro - Medonte and in
compliance with the Township's Zoning By -law.
Corporation: means The Corporation of the Township of Oro - Medonte.
Council: means the Council for The Corporation of the Township of Oro -
Medonte.
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Detachment Commander. means the Detachment Commander, Ontario Provincial
Police, Barrie Detachment, who is responsible for the effective
operation and administrative management of the Detachment in
accordance with the Ontario Provincial Police Policy.
Employee: means an officer, servant or other employee of the Township, but
does not include:
a) a member of Council;
b) a Council appointee to a local board and whose remuneration
from the Township results from their membership on such local
board or other body;
c) an employee of a local board or other body; or,
d) a municipal auditor.
Hirer: means a person and /or owner of a vehicle, requiring towing services
and who authorizes the service to occur by completing the
Authorization Form.
Licensing Officer: means the Clerk for the Township or their designate.
License: means a License issued pursuant to this by -law.
Licensee: means a person who has been issued, and still holds, a current
License pursuant to this by -law but shall not include an Applicant.
Maintain: means to be in charge of, or have control of the operation of a
business, and shall include the operation of a vehicle.
Ministry of Transportation Enforcement Officer: means a designated officer
appointed by the Minister of Transportation and any person so
appointed has authority to act as a constable throughout Ontario, is
appointed as a Provincial Offences Officer and a Peace Officer and
has the authority as a Police Officer for the purposes of the Highway
Traffic Act and the Compulsory Automobile Insurance Act, R.S.O.
1990, Chapter C.25.
Municipal Law Enforcement Officer: means a person appointed to the position of
Municipal Law Enforcement Officer by municipality or their designate.
Nuisance: means any activity or action which disturbs or is likely to disturb any
individual.
Officer: means a Municipal Law Enforcement Officer, and /or a Provincial
Offences Officer as appointed by the municipality.
Operate: means to manage, work, control, maintain, put or keep in a functional
state any business.
Owner: means the registered owner of the lands, premises and /or equipment,
or the person or their authorized agent in lawful control of the lands,
premises and /or equipment and who permits the operation of any
business.
Person: means any individual, corporation, partnership, company, association
or party and the heirs, executors, administrators, or other legal
representative of such person, to whom the context can apply
according to law, shall include any group of persons comprising a
society or other organization and shall include the plural wherein the
context requires.
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Peace Officer: means a Police Officer or other person employed for the
preservation and maintenance of the public peace, or for the service
or execution of civil process, or any officer appointed for enforcing or
carrying out the provisions of any Federal or Provincial Act.
Police Officer: means a sworn peace officer of the Ontario Provincial Police, the
Chief of Police or any other Police Officer, including a person who is
appointed as a Police Officer under the Interprovincial Policing Act,
2009, S.O. 2009, Chapter 30 (herein referred to as the Interprovincial
Policing Act), but does not include a Special Constable, a First
Nations Constable, a Municipal Law Enforcement Officer or an
Auxiliary Member of a Police Force, as per the Police Services Act,
R.S.O. 1990, Chapter P.15 (herein referred to as the Police Services
Act).
Premise: means land, including any and all buildings or other structures
thereon and includes any vehicle or conveyance used in the
operation of the Towing Company.
Rates: means the agreed rates set out in the Tariff of Rates as identified in
Schedule 5 of this by -law to be periodically reviewed by the Licensing
Officer to account for fluctuations, inflation and any /all extreme
factors.
Shall: is mandatory and not discretionary, words in the singular shall include
the plural, words in the plural shall include the singular, words in the
present tense shall include future or past tense.
Tow: means to remove or impound a vehicle whether or not such towed
vehicle is intact or in an inoperable condition, by means of a tow truck
or a flatbed truck also known as a tilt and load vehicle. In the
absence of any evidence to the contrary, the tow will be deemed to
originate in the Township.
Township: means The Corporation of the Township of Oro - Medonte.
Towing Company: means a person who owns a tow truck or has possession or
control of a tow truck under an installment purchase agreement, a
rental agreement, or other agreement.
Tow Truck: means a motor vehicle used for hire for towing or otherwise
conveying vehicles whether or not such towed or conveyed vehicle is
intact or in an inoperable condition shall include but is not limited to
vehicles that tow or convey by way of a flatbed truck, hoist, dolly,
pulleys, chains or other similar items.
Tow Truck Driver: means the person responsible for the care and operation of the
tow truck and services related thereto.
Vehicle: means a motor vehicle as defined by the Highway Traffic Act, as
amended, but does not include a motorized snow vehicle or
streetcar..
2. PURPOSE
2.1 The Council of the Township of Oro - Medonte considers it desirable and
necessary to License, regulate or govern owners and drivers of tow trucks
for the purposes of:
a) Health and safety, to encourage safe maintenance and operational practices
for owners and drivers, to ensure accountability for health and safety issues.
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b) For the purpose of consumer protection, to encourage equal, fair and
courteous treatment of passengers, drivers and owners.
d) To protect the property of passengers, to ensure competence of owners and
drivers in providing tow truck services.
e) To promote accountability, to ensure consistency in the Application of rates
charged, to support proper and good practices, for the purpose of nuisance
control.
f) To promote professional behaviour and fair dealing among participants in
the business, to ensure courteous treatment, and to limit or mitigate
unsightliness, unnecessary noise, nuisance or disruption for passengers,
drivers, owners and the general public.
3. GENERAL PROVISIONS
3.1 Requirement for a License
a) Every person carrying on, conducting, operating, maintaining, keeping or
engaging in any activity as a tow truck owner and /or a tow truck driver, shall
be required to obtain a License to do so from the Licensing Officer.
b) A person shall be acting as the driver or owner of a tow truck if that person
conveys or seeks to convey, for hire, or holds themself out, by their actions
or words, as being available to convey, for hire, a vehicle from a point within
the Township, to either a point also from within the Township, or any point
beyond its limits whether such conveyed vehicles are intact or inoperable.
c) An unlicensed owner and driver are both exempt from Subsections 3.1 a)
and 3.1 b) if such owner and driver are based outside the licensing boundary
of the Township and they are in the process of towing a vehicle and that
specific service originated from outside the geographic boundary of the
Township.
d) Unless provided otherwise in this by -law a person who is the owner of more
than one tow truck shall take out a separate License for each tow truck
owned by them which is to be used in the Township.
e) The person who is the owner of more than one tow truck shall not remove
and affix an issued owner's plate between tow trucks.
f) No person shall be licensed under this agreement unless they are at least
eighteen (18) years of age and a citizen of Canada or a landed immigrant, or
has a valid employment authorization issued by the Government of Canada
to work as a driver or owner and has a working knowledge of English.
g) The provisions of subsection 3.1 f) do not apply to a corporation.
h) No person shall publish or cause to be published any representation that
they are licensed under this by -law if they are not.
3.2 Application for a License - General
a) Any person required to obtain a License pursuant to this by -law shall apply
in writing on the appropriate Application as set out as Schedule 1, 2 or 3 of
this by -law, and shall deposit, at the time of Application, with the Licensing
Officer, all required License Fees as set out Schedule 4 to this by -law for
each category, as well as any required approvals, inspections or
documentation required by the provisions of this by -law or as deemed
necessary by the Licensing Officer.
b) The Licensing Officer shall not issue a License until:
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i) all required approvals and inspections have been obtained by the
applicant;
ii) all required documentation has been provided; and
iii) all License fees have been paid in full.
C) There shall be a separate Application for each towing company, tow truck
and tow truck driver to be licensed.
d) The applicant shall comply with any and all requirements as set out in this
by -law as well as any other provisions which may govern the business,
place or premise used in the carrying on of the business and /or the persons
carrying on the business or engaged in it and to which the Application
pertains.
e) The Licensing Officer, upon receipt of the Application for a License may
make, cause to be made, or request, any additional documents,
investigations or inspections to be made in respect of such Application for a
License as the Licensing Officer deems appropriate or in the interest of the
general public, and any costs incurred for such inspection or documents
shall be at the applicant's expense.
f) Any License issued may be subject to such terms and conditions as the
Licensing Officer may prescribe.
g) Except as may otherwise be specified within this by -law, every License shall
expire one year from the date from the day it was issued.
h) A renewal License shall follow the same process as a new License but will
be identified as a renewal on the Application form.
i) If the applicant is a corporation, a copy of the incorporating document shall
be provided.
j) If the applicant is a registered partnership, a copy of the registered
declaration of partnership shall be provided.
k) In regards to 3.2 i) or 3.2 j), a record of all offences for which there has been
a conviction registered against the applicant under any by -law, provincial
statute or federal statute either as an individual applicant or as a partnership
applicant, directors or shareholders or officers of the corporate applicant;
such record issued within 60 days of the date of the Application received by
the Licensing Officer shall be provided.
1) Upon being satisfied that the applicant is entitled to obtain a License under
the provisions of this by -law, the Licensing Officer shall prepare and issue a
License to the said applicant.
3.3 Application for a Towing Company
3.3.1 The applicant shall provide to the Licensing Officer, at the time of
Application, all of the following applicable documents:
a) A duly completed Application form as set out as Schedule 1 of this by -law.
b) Payment of the appropriate fees as set out as Schedule 4 of this by -law.
C) Proof of Commercial General Liability Insurance obtained and kept in force
during the term of the License issued, satisfactory to the Township, be
written by an insurer licensed to conduct business in Canada and include
but not be limited to the following:
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i) A limit of liability of not less than $5,000,000.00 (five million) for each
occurrence.
ii) The Township shall be named as an additional insured.
iii) The policy shall contain a provision for cross liability in respect of the
named insured.
iv) Non -owned automobile coverage with a limit of at least
$5,000,000.00 (five million) including contractual non -owned
coverage.
V) Products and completed operation coverage (Broad Form) with an
aggregate limit not less than $5,000,000.00 (five million).
vi) Coverage for Hostile Fire, Hook Liability, Severability Of Interest
Clause, Contractual Liability - Oral & Written, Contingent Employer's
Liability, Employer's Liability, Broad Form Property Damage and
Pollution From A Hostile Fire.
vii) That 30 (thirty) days prior notice of an alteration, cancellation or
material change in policy terms which reduces coverage's shall be
given in writing to the Township.
d) Proof of a standard Automobile Policy with limits no less than $5,000,000.00
(five million) in respect of each owned or leased licensed vehicle to be
obtained and kept in force for the duration of this contract automobile.
e) Proof of Goods and Services Tax (GST) registration or Harmonized Sales
Tax (HST) registration.
f) A written Statement of Rates and Charges for all services provided by the
towing company to the Licensing Officer. The Licensee shall ensure that no
other rates or charges are demanded or received by any tow truck driver.
The Statement of Rates and Charges will be periodically reviewed by the
Licensing Officer and Tow Truck Companies to ensure mutually agreed
upon rates.
g) Any changes in the Statement of Rates and Charges shall be filed with the
Licensing Officer 90 (ninety) days prior to the new Statement of Rates and
Charges taking effect.
h) A list of tow truck drivers who will drive tow trucks on behalf of the towing
company, which shall include the drivers full name, date of birth, home
address and Ontario Driver's Licence number.
i) A completed Occupational Health and Safety Statutory Declaration Form as
set out as Schedule 7 of this by -law.
j) A Criminal Record Check obtained from a Police enforcement agency and
dated within 30 days of the date of receipt of the Application, including, if
applicable, a Vulnerable Sectors Check, for each owner(s) of the Tow
Company.
k) Any other required inspections, approvals or documents as required by the
Licensing Officer.
3.4 Application for a Tow Truck
3.4.1 The applicant shall provide to the Licensing Officer, at the time of
Application, all of the following applicable documents:
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a) A duly completed Application form as set out as Schedule 2 of this by -law.
b) Payment of the appropriate administrative fee as set out as Schedule 4 of
this by -law.
C) The vehicle's make, model, year and Vehicle Identification Number for each
vehicle to be Licensed as a tow truck.
d) Proof of a standard Automobile Policy with limits no less than $5,000,000.00
(five million) in respect of each owned or leased licensed vehicle to be
obtained and kept in force for the duration of this contract automobile.
e) A copy of the certificate of insurance for the tow truck for which they are the
owner. The Township shall be given at least ten (10) days' notice, in writing,
of the cancellation or expiration or variation in the amount of the policy and
insuring each such tow truck have a minimum of the following amounts:
i) In respect to any one claim, in the amount of at least $5,000,000
exclusive of interest and costs, against liability resulting from bodily
injury to or the death of one or more persons and loss or damage to
property.
ii) In respect of any one claim, in the amount of at least $200,000
against liability for damage to a customer's motor vehicle while in
their care, custody or control and caused by collision, upset, fire,
lightning, theft or attempt theft, malicious mischief, windstorm, hail,
explosion, riot, civil commotion or rising water.
iii) In respect of any one claim, cargo liability insurance in the amount of
at least $100,000 to indemnify the applicant against loss by reason of
their legal liability indirect physical loss or damage to vehicles and
other items of property accepted by the applicant for towing or
conveyance.
f) A valid and current Motor Vehicle Permit issued by the Ministry of
Transportation issued in the applicant's name for each tow truck being
Licensed.
g) The Ontario License plate number as issued by the Ministry of
Transportation.
h) A Ministry of Transportation Annual Inspection Certificate issued under the
Highway Traffic Act showing that the tow truck has been inspected within the
previous sixty (60) days of the date that the Application has been received
by the Licensing Officer.
i) A Ministry of Transportation Safety Standards Certificate issued under the
Highway Traffic Act within the previous sixty (60) days of the date that the
Application has received by the Licensing Officer.
j) A Vehicle Inspection letter from a Certified Master Installer to demonstrate
that the Tow Truck complies with Transport Canada Regulations for the
Towing of Vehicles.
k) Proof of speed governing at 105km for trucks registered over 11,794
kilograms for vehicles manufactured in 1995 or later.
1) Certificate of Inspection that the tow truck complies with the National Safety
Mark under the Motor Vehicle Safety Regulations or a Certificate that the
tow truck to be Licensed is exempt.
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m) A letter identifying that front line service tow trucks are no older than fifteen
(15) years and reserved service tow trucks are no older than twenty (20)
years.
n) In the case of a tow truck which is not owned by the towing company, the
registered owner's name and address, the vehicle identification number and
the Ontario License plate number as issued by the Ministry of Transportation
for each vehicle to be used as a tow truck.
o) If a tow truck is a leased vehicle, the applicant shall provide a copy of the
lease agreement for each of leased tow truck being Licensed.
p) A Tow Truck License may be reissued by the Licensing Officer for the
replacement vehicle where a person holds a valid Township License under
this section for the current year and where such person certifies that the tow
truck Licensed under this section has been removed from service and is
being replaced by another vehicle to be operated as a tow truck, and upon
submission all documents required under this by -law.
p) Any other required inspections, approvals or documents as required by the
Licensing Officer.
3.5 Application for a Tow Truck Driver
3.5.1 The applicant shall provide to the Licensing Officer, at the time of
Application, all of the following applicable documents:
a) Two (2) pieces of identification, one of which shall be photographic
identification detailing the applicant's birth date, legal name and current
residential address.
b) The applicant's original Ontario Driver's Licence with a minimum Class G
designation with no driving restrictions.
C) An Ontario Driver's Licence abstract obtained from the Ministry of
Transportation and dated within 30 days of the date of receipt of the
Application.
d) A Criminal Record Check obtained from a Police enforcement agency and
dated within 30 days of the date of receipt of the Application, including, if
applicable, a Vulnerable Sectors Check.
e) Documentation to the satisfaction of the Licensing Officer from the owner of
the towing company for whom the applicant is to provide services as a tow
truck driver confirming that the applicant is employed by or otherwise
authorized to provide services as a tow truck driver for the said towing
company.
f) A statement in writing if they have any pecuniary interest either directly or
indirectly, in a vehicle pound, yard or building used for the storage or
impounding of vehicles, a vehicle body shop or other kind of public garage
or any other yard, shop, building or place used for the storage, repair or
servicing of vehicles, and provides and files with a Licensing Officer full
information as to the location and the type of facilities in which they have an
interest and the nature and extent of the interest.
3.6 Duties of Licensing Officer
a) Upon receipt of a complete Application including required documentation
and the appropriate fees have been paid, the Licensing Officer may prior to
the issuance of any such License:
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i) make any inquiries to any municipal employee(s) who has carried out
inspections relative to the Application.
ii) receive reports from such municipal employee(s) as may be deemed
necessary.
iii) inquire into all relevant matters in order to ascertain if the applicant is
entitled to a License under the provisions of this by -law.
b) Where the Licensing Officer is satisfied that the applicant is entitled to obtain
a License under the provisions of this by -law, the Licensing Officer shall
prepare and issue a License to the said applicant.
c) Where the Licensing Officer is not satisfied that the applicant is entitled to
obtain a License under the provisions of this by -law, the Licensing Officer
shall prepare a written notice to the said applicant outlining the said reasons.
The notice shall include a statement that the applicant has the right to
appeal the decision of the Licensing Officer to Council.
3.7 Administration Fees
a) Administration fees, as set out in Schedule 4 of this by -law are to be paid
prior to the issuance of a license.
b) An administration fee as set out in Schedule 4 shall apply to the following:
i) In the event that a License issued under this by -law is lost or
destroyed, the Licensing Officer upon satisfactory proof of such loss
or destruction, and upon payment of an administration fee, the
Licensing Officer shall issue a duplicate of the original License, upon
which shall be stamped or marked the word "DUPLICATE ".
ii) Where ownership of an business is not changed or affected but such
the operating name of a business changes, the Licensee shall
immediately notify the Licensing Officer and upon payment of an
administration fee and being satisfied that there have been no other
changes in the circumstances of the Licensed business, the
Licensing Officer may issue a replacement of the original License.
The Licensee shall return and surrender their License in order to
affect such a change.
3.8 Change of Ownership
a) Every Licensee shall, upon change of ownership of the Licensed business
return and surrender their current License to the Licensing Officer. The new
owner shall make Application for a new License as set out in this by -law.
3.9 Change of Premise or Location
a) Where a currently Licensed business changes location or premise, such
new location or premise shall not be deemed to be Licensed. The applicant must
immediately make Application for a new License under the provisions of this by -law
and shall surrender to the Licensing Officer the License issued in respect of their
previous location or premise.
3.10 Licenses Personal
a) No person shall enjoy a vested or property right in any License or the
continuance of any License and such License and such rights shall remain
the property of the Township.
b) Licenses are not transferable.
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4. INSPECTION
a) The Municipal Law Enforcement Officer, Provincial Offences Officer, Police
Officer, or other duly appointed individual may at all reasonable times,
inspect or cause to be inspected the premise, facilities, equipment, vehicles,
and other property used or kept for hire in connection with the carrying on of
a business which is Licensed or which is required to be Licensed pursuant to
this by -law.
b) The Licensing Officer may waive the requirement for any inspection,
approval or documentation as may be required pursuant to this by -law
where such inspection, approval or documentation is not applicable to the
carrying on of the business which is Licensed or required to be Licensed
under this by -law.
5. POSTING OF LICENSE
a) Any License issued under this by -law shall be prominently and
conspicuously posted on the Licensed truck at all times, is required to be
shown by the tow truck driver to the hirer prior to the commencement of any
work and is required to be produced by the towing company owner if
requested.
6. REFUSAL TO GRANT A LICENSE`
6.1 The Licensing Officer may refuse to grant or issue a License to any
applicant who:
a) Has breached this by -law in the past.
b) Has failed to comply with the requirements of this by -law or other applicable
by -laws of the Township or any Local Board thereof, or any Statute, Order -
in- Council, or Regulation of the Provincial Legislature or the Parliament of
Canada, or any Agency, Board or Commission thereof, in, upon or in
connection with the applied for Licensed activity of the business, vehicle or
premises used or for hire in connection with the License activity.
C) Has any outstanding fines imposed under the Provincial Offences Act
R.S.O. 1990, Chapter 33, as amended, (herein referred to as the Provincial
Offences Act), for the contravention of any provision of this by -law, or any
other municipal by -law or Provincial statute where such fine is associated
with an offence arising out of the conduct, operation or activity within or in
conjunction with such business.
d) The applicants Ontario Driver's Licence is currently suspended, prohibited or
restricted due to either a Court Order, or the result of a conviction for an
offence under the Criminal Code or the result of a conviction for an offence
under any Provincial Statute.
e) Has not paid the fees as set out in Schedule 4 of this by -law.
6.2 The Licensing Officer may refuse to grant a License to any applicant where
the Licensing Officer believes it is in the public interest to do so.
6.3 The Licensing Officer may refuse to grant a License to any applicant where
the Licensing Officer has received three substantiated written complaints in
one licensing year regarding the applicant.
7. SUSPENSION /REVOCATION
7.1 The Licensing Officer may suspend or revoke a License issued to any
Licensee who:
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a) Has breached this by -law in the past.
b) Has failed to comply with the requirements of this by -law or other applicable
by -laws of the Township or any Local Board thereof, or any Statute, Order -
in- Council, or Regulation of the Provincial Legislature or the Parliament of
Canada, or any Agency, Board or Commission thereof, in, upon or in
connection with the applied for Licensed activity of the business or premise,
facilities, equipment, vehicles and other property used or kept for hire in
connection with the License activity.
C) Has any outstanding fines imposed under the Provincial Offences Act for the
contravention of any provision of this by -law or any other municipal by -law or
Provincial statute where such fine is associated with an offence arising out of
the conduct, operation or activity within or in conjunction with such business.
d) Has their Ontario Driver's Licence suspended, prohibited or restricted due to
either a Court Order, or the result of a conviction for an offence under the
Criminal Code or the result of a conviction for an offence under any
Provincial Statute.
7.2 The Licensing Officer may suspend or revoke any License issued to any
applicant where the Licensing Officer believes it is in the public interest to do
so.
7.3 The Licensing Officer may suspend or revoke a License to any applicant
where the Licensing Officer has received three substantiated complaints in
one licensing year regarding the applicant.
7.4 Any suspension of a License may be subject to such terms and conditions
as the Licensing Officer may prescribe.
7.5 No person shall operate any Towing Company, tow truck or act as a tow
truck driver contrary to any License suspension, or terms and conditions
thereto, or where such License has been suspended or revoked.
8. NOTICE AND APPEAL
8.1 Where the Licensing Officer refuses to issue, suspends, imposes conditions
onto a License, or revokes a License, the Licensing Officer shall notify the
applicant in writing of such decision. The Notice of Decision shall set out:
a) The grounds upon which the issue of the said License is refused,
suspended, conditions are imposed or revoked.
b) That the applicant or Licensee may appeal such decision to Council by filing
with the Clerk an appeal, in writing, of the said decision within fifteen (15)
business days of being notified of the decision of the Licensing Officer.
C) A statement that if no such appeal is received by the Clerk within fifteen (15)
business days of being notified of the decision of the Licensing Officer, that
the applicant or Licensee shall not be entitled to any further notice of
proceedings.
8.2 Upon receipt of an appeal from the applicant or Licensee the Clerk shall:
a) Fix a date and time for such matter to be considered by Council.
b) Send a Notice of Hearing to the applicant or Licensee by registered mail at
the last address as shown in the records of the Licensing Officer and to any
other person who has applied to be heard with regard to the matter at least
fifteen (15) business days prior to the date and time fixed for such hearing.
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8.3 Where the Clerk does not receive an appeal from an applicant within fifteen
(15) business days, the Licensing Officer need not process the Application
further, no further notice is required to be served on the applicant, and no
refund of any fees paid is required.
8.4 At the Hearing, Council may:
a) Receive a written report from the Licensing Officer or anyone who may be
involved in the matter being considered by Council.
b) Afford an opportunity to the applicant or Licensee, either personally or
through their agent or solicitor, to present such material and evidence
relevant to the issue before Council and may ask questions of any person
presenting evidence or a report to Council relevant to the said issue.
c) Afford any other person who requests to be heard and who appears to have
an interest in the matter under discussion, an opportunity to present material
and evidence relevant to the issue before Council and to ask questions of
any person presenting evidence or a report to Council relevant to the said
issues.
8.5 Council, in considering whether or not to grant, refuse, revoke or suspend a
License shall have regard to the following:
INI
a) Whether or not the applicant or Licensee and the compound, tow truck
and /or tow truck driver in connection with the carrying on of a business
which is Licensed or which is required to be Licensed, pursuant to this by-
law, complies with all requirements of this by -law.
b) Whether or not the applicant or Licensee has failed to promptly remedy any
reasonable concern with regard to those matters set out in this by -law or has
committed past breaches of this by -law.
C) Whether or not the applicant or Licensee has failed to comply with any
requirements of any other applicable by -law of the Township or Local Board
thereof, or any Statute, Order -in- Council, or Regulation of the Provincial
Legislature or the Parliament of Canada, or any Agency, Board or
Commission thereof, in, upon or in connection with the Licensed activity.
d) Whether or not the applicant or Licensee has any outstanding fines imposed
under the Provincial Offences Act for the contravention of any provision of
this by -law.
e) Whether or not the applicant's or Licensee's Ontario Driver's Licence has a
legal restriction resulting from either a Criminal Charge or a Criminal
Conviction.
8.6 Where an applicant has been referred to the Council for a hearing and the
applicant does not attend before the Council at the time and place of which
notice has been served upon such applicant, the Council may hold a hearing
in the absence of the applicant or may decide to take no further action with
respect to the Application, and no further notice is required to be served
upon the applicant.
8.7 Council may, after the appropriate hearing is conducted, grant a License,
refuse to grant a License, revoke a License, suspend a License or impose
conditions on a License, and may make any suspension of License subject
to such terms or conditions as Council may prescribe and a decision made
pursuant to the exercise of these powers is final and binding upon the
applicant or Licensee.
8.8 The decision made by Council shall be confirmed in writing by the Chair of
the Council meeting and shall be mailed to the applicant or Licensee at their
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last address as shown in the records of the Licensing Officer, to any person
who has appeared before Council and requested that a copy of the decision
be provided to them, and to the Licensing Officer.
9. DUTIES OF A TOWING COMPANY, TOW TRUCK OWNER AND TOW
TRUCK DRIVER
9.1 Every licensed towing company shall:
a) Provide and maintain a suitable office for the purpose of dispatching and
administration of the Towing Company, within the compound as permitted in
the Township's Zoning By -law.
b) Ensure that they are able to provide 24 hour tow truck service to the public
for each day of the year.
C) Ensure compliance, with Sections 9.2 and 9.3 of this by -law for any tow truck
owner and tow truck driver operating on the towing company's behalf where
applicable.
d) Provide telephone and radio dispatching"' uipmen) and facilities in proper
working condition.'t#
e) Permit to be operated only a tow truck with a gross vehicle weight rating of
at least 4,536 kg (10,000 lbs.) and a wrecker body.
f) Ensure that every driver of a tow truck is the holder of valid Ontario Driver's
Licence issued to them by the Ministry of Transportation for the Province of
Ontario and that such License is valid at all times which such driver is
engaged in driving any tow truck used by the Licensee.
g) Submit such tow truck for safety inspection annually or as otherwise required
by the Licensing Officer, Municipal Law Enforcement Officer, Provincial
Offences Officer, Police Officer, or other duly appointed individual under the
provisions of the Highway Traffic Act as necessary, and such valid and
current Safety Standards Certificate issued pursuant to the Highway Traffic
Act shall be filed with the Licensing Officer.
h) Maintain with the Licensing Officer at all times, a list of tow truck drivers who
will drive tow trucks on behalf of the towing company and shall notify the
Licensing Officer within two (2) business days of the termination of
employment of a driver licensed pursuant to this By -Law.
i) Ensure due performance and observance of all the provisions of this by -law
by themselves and by their employees and all other persons in or upon the
premise which is Licensed under the provisions of this by -law.
j) Use only stationery, forms, bills, invoices, statements and any other printed
or written advertising material including any published advertisement in a
newspaper, periodical, directory or other publication, which has printed
therein in clearly legible figures and letters their name and address.
k) Not make representation in any form that the Towing Company, Tow Truck
Owner or Tow Truck Driver has the endorsement of the Township, the
Ontario Provincial Police or any other Police Agency except with the written
permission from the Township, the Ontario Provincial Police or any other
Police Agency.
1) Have attached to or painted on both sides of the body of the tow truck in a
location approved by a Licensing Officer, in letters and figures not less than
eight centimetres (approximately three inches) in height, the name and
telephone number as shown on the Towing Company's License. Where the
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Towing Company owner owns more than one truck, a number identifying
each tow truck.
m) Only use the service of a tow truck driver who is licensed as a driver under
this by -law.
n) Make all facilities and /or equipment available for inspection at any time
requested by the Municipal Law Enforcement Officer, Provincial Offences
Officer, Police Officer, or other duly appointed individual.
o) Strictly control access to the compound at all times.
P) Be entirely responsible for the repair of any damage to any impounded
vehicle caused during the impoundment period.
9.2 Every licensed tow truck owner shall:
a) Maintain the interior and exterior in good repair and keep the tow truck in a
clean and sanitary condition at all times.
b) Ensure that the tow truck driver operating on their behalf charge the rates for
services permitted by the provisions of this by -law.
C) Ensure that the tow truck driver operating on their behalf charge the rates
filed with a Licensing Officer for towing and for services beyond those
services stipulated in this by -law.
d) Keep an orderly record of all calls answered by tow trucks owned by them
showing date, time, service starting location, starting kilometers at the
starting location, destination, finishing kilometers at the destination, tow
truck vehicle License number and the name of the driver, type of service
provided and remuneration collected. The records shall be retained for a
period of 12 months from date of entry and shall be open for inspection by
any Municipal Law Enforcement Officer, Police Officer or other duly
appointed individual at any reasonable time and may be removed by such
Municipal Law Enforcement Officer, Police Officer or other duly appointed
individual and retained for any reasonable period of time.
e) Ensure that they are able to provide 24 hour tow truck service to the public
for each day of the year.
Provide telephone and radio dispatching equipment in proper working
condition.
g) Permit to be operated only a tow truck with a gross vehicle weight rating of
at least 4,536 kg (10,000 lbs.) and a wrecker body.
h) Ensure that every driver of a tow truck shall be familiar with the provisions of
this by -law, the laws and regulations relating to traffic and the geography of
the Township.
Ensure that every driver of a tow truck is the holder of valid Ontario Driver's
Licence issued to them by the Ministry of Transportation for the Province of
Ontario and that such License is valid at all times which such driver is
engaged in driving any tow truck used by the Licensee.
j) Submit such tow truck for safety inspection annually or as otherwise required
by the Licensing Officer, Municipal Law Enforcement Officer, Provincial
Offences Officer, Police Officer, or other duly appointed individual under the
provisions of the Highway Traffic Act as necessary, and such valid and
current Safety Standards Certificate issued pursuant to the Highway Traffic
Act shall be filed with the Licensing officers.
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k) Maintain with the Licensing Officer at all times, a list of tow truck drivers who
will drive tow trucks on behalf of the tow truck owner.
1) Not make representation in any form that the Towing Company, Tow Truck
Owner or Tow Truck Driver has the endorsement of the Township, the
Ontario Provincial Police or any other Police Agency except with the written
permission from the Township, the Ontario Provincial Police or any other
Police Agency.
m) Be responsible for the due performance and observance of all the provisions
of this by -law by themself and all other persons operating the tow truck on
their behalf, which is Licensed under the provisions of this by -law.
n) Use only stationery, forms, bills, invoices, statements and any other printed
or written advertising material including any published advertisement in a
newspaper, periodical, directory or other publication, which has printed
therein in clearly legible figures and letters their name and address.
o) Have attached to or painted on both sides of the body of the tow truck in a
location approved by a Licensing Officer, in letters and figures not less than
eight centimetres (approximately three inches) in height, the name and
telephone number as shown on the owner's License. Where the Towing
Company owner owns more than one truck, a number identifying each tow
truck.
P) Only use the service of a tow truck driver who is licensed as a driver under
this by -law.
q) Have affixed to the tow truck in a location approved by a Licensing Officer
the owner's plate issued for that tow truck.
r) Give written notice of the sale or other disposition of a tow truck to the
Licensing Officer within seven (7) days of any such sale or disposition.
S) Accept full responsibility for the acts and omissions of any driver or other
employee to the extent that any such acts or omissions do not comply with
the provisions of this by -law.
t) Advise the Licensing Officer, within 10 days, of any change in any License
plate issued by the Ministry of Transportation to a Tow Truck licensed by the
Township pursuant to either this or any other By -law.
9.3 Every licensed tow truck driver shall:
a) Maintain the interior and exterior in good repair and keep the tow truck in a
clean and sanitary condition at all times.
b) Comply with all reasonable instructions from the hirer.
C) Take due care of all vehicles and property delivered or entrusted to them for
towing.
d) Be civil and behave courteously.
e) Keep an orderly record of all calls answered by them showing date, time,
service starting location, starting kilometers at the starting location,
destination, finishing kilometers at the destination, tow truck vehicle License
number and the name of the driver, type of service provided and
remuneration collected. The records shall be retained for a period of 12
months from date of entry and shall be open for inspection by any Municipal
Law Enforcement Officer, Police Officer or other duly appointed individual at
any reasonable time and may be removed by such Municipal Law
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Enforcement Officer, Police Officer or other duly appointed individual and
retained for any reasonable period of time.
f) Before demanding payment for services, present to the hirer an itemized bill
for the services setting out the cost of all services and equipment provided or
to be provided on the basis of the rate set out in the Tariff of Rates as
identified as set out in Schedule 5 of this by -law and as submitted to the
Licensing Officer.
g) Keep in the tow truck and show to the hirer a copy of a tariff card showing
the collision rates, as per Schedule 5 of this by -law, the applicable rates filed
with the Licensing Officer for non - collision rates and also showing, if
applicable, that the hirer may be charged additional fees for storage by the
operator of any storage facility or business to which the hirer's vehicle is to
be towed.
h) Operate only a tow truck with a gross vehicle weight rating of at least 4,536
kg (10,000 lbs.) and a wrecker body.
i) Operate only a tow truck which has all of the following equipment in a good
state of repair:
i) A winching or hoisting device of sufficieri capacity to lift safely the
vehicle to be towed.
ii) Wheel lift or an underlift equipped and maintained in a manner to
ensure the safe lifting and conveying of a vehicle to be towed.
iii) One device for securing the steering wheel of a vehicle.
iv) One dry chemical fire extinguishers having an effective total rating
equivalent to at least 4 -B C, and weighing at least 2.27 kg
(approximately 5 Ibs.).
V) A minimum of two tow safety chains having a minimum length of
2.7432 metres (approximately 9 feet) each with links of at least
7.9375mm steel (5/16 inches).
Vi) Four (4) safety pylons.
vii) An intermittent amber warning light system consisting of at least one
light which would be clearly visible in all directions for a distance of
least 100 metres (approximately 328 feet).
viii) A broom.
ix) A shovel.
x) A general purpose first aid kit.
xi) A crowbar /prybar at least 152.4 cm (60 inches) in length.
xii) At least two wheel blocks.
xiii) Flares or reflector kits.
xiv) Wheel wrenches.
xv) Light bar for a rear extension carrier.
xvi) A dolly.
xvii) A safety vest.
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xviii) Portable tow lights.
xix) Any other equipment as may be required under the Highway Traffic
Act.
xx) Any equipment the tow truck driver deems necessary and
appropriate.
j) Produce trip records upon the request of any Licensing Officer, Municipal
Law Enforcement Officer, Provincial Offences Officer, Police Officer, or other
duly appointed individual.
k) Drive the tow truck which is towing or otherwise conveying a vehicle by the
most direct route to the destination requested by the hirer, and in the most
expeditious manner, unless otherwise directed by the hirer.
Drive the tow truck to a compound appropriately zoned by the Township by
the most direct route unless the hirer requests that the vehicle be delivered
elsewhere.
m) Take due care of all property delivered or entrusted to them and accepted by
them for conveyance or safekeeping.
n) With the gained approval of the Investigating Police Officer, clean up any
debris, fragments of glass, vehicle parts or other materials and which may
be a danger to the public from any highway or roadway prior to towing the
vehicle from the collision scene.
o) Retain all Towing Authorization Forms for at least ninety (90) days from the
tow date indicated on the Towing Authorization Form and make them
available for inspection upon request by a Police Officer or Licensing Officer.
p) Where the hirer refuses to sign the Towing Authorization Form, the driver
must indicate such on the form and retain this form for at least ninety (90)
days from the tow date indicated on the Towing Authorization Form and
make it available for inspection upon request by a Police Officer, or a
Licensing Officer.
q) Place their tow truck driver's photographic identification card, as issued by
the Township pursuant to the provisions of this by -law, in such a manner in
the tow truck they are driving as to be conveniently seen and read by
passengers.
r) Punctually keep all their appointments and engagements resulting from calls
and shall, unless the tow truck they are driving has been previously
engaged, serve at any place within the Township and at any specified time,
whether by day or night, any person who may lawfully require their tow truck
and they shall not neglect to fulfill their appointments or engagements except
for reasons beyond their control.
S) Upon request of any passenger, give in writing their name and number of
the License issued to them under the provision of this by -law.
t) Provide a full recovery service for any and all loads dumped at a collision
scene in accordance with any applicable legislation.
U) Provide the hirer, after providing proof of ownership of the vehicle, the
opportunity to remove any personal property left in the vehicle and itemize
those items on the Authorization Form as set out in Schedule 6 of this by-
law.
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10.5 Every Tow Truck Owner and Tow Truck Driver shall be prohibited
from:
a) Using any vehicle as a tow truck unless such vehicle has been Licensed
under the provisions of this by -law.
b) Providing any service or operating as a tow truck driver for any towing
company which is not Licensed under the provisions of this by -law.
C) Receiving dispatched calls from a Towing Company unless such towing
company is Licensed under the provisions of this by -law.
d) Commencing to tow or otherwise convey or move any vehicles, hook, lift
or connect the vehicle to the tow truck unless the tow truck driver has
completed a Towing Authorization Form, provided the form to the hirer,
and the form has been dated and signed by the hirer and the driver has
provided a copy of the completed form to the hirer.
e) Commencing to tow or otherwise convey or move any vehicle, or hook, lift
or connect the vehicle to the tow truck, or perform any other services
unless first requested to do so by a hirer, a Police Officer, any member of
a Municipal Fire Department, or any person authorized by law to direct the
removal of the vehicle from private or public property.
a
f) Altering the Towing Authorization Form.
g) Charging any fare or rate which is contrary to those stipulated in this by-
law or approved by the Licensing Officer.
h) Stopping, or parking within two hundred (200) metres (approximately 656
feet) of a collision scene. This provision does not apply where the tow
truck driver has been summoned to the location of the collision by one of
the persons referred to in subsection 10.5 e).
i) Asking or seeking out a hirer or allowing or directing an agent to ask or
seek out a hirer, at a collision scene or within two hundred (200) metres
(approximately 656 feet) of a collision scene, where the actions of the
driver or agent constitute a nuisance.
j) Towing or otherwise conveying or moving any vehicle which is to be towed
outside of the Township unless it is to a compound authorized by the
Township or it is requested by the owner or operator of the vehicle, a
Police Officer or member of the Municipal Fire Department.
k) Driving or acting as a driver unless the registered owner or where
applicable, the lessee, of the tow truck is licensed under this by -law.
1) Remaining at the scene of a tow after a Police Officer or member of a
Municipal Fire Department at the scene has requested that the driver
leave the scene immediately.
m) Interfering with any contract for hiring of a tow truck where a person has
hired or has indicated their intention to hire a tow truck.
n) Inducing any person to employ or hire a tow truck by making any false
representations to any person, including representations regarding the
location of, or distance to, any place.
o) Using or permitting to be used, a tow truck which has been found to be
unsafe or defective after examination and inspection as required under this
by -law.
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p) Demanding or requesting payment for their services other than in
accordance with the applicable schedule of rates filed with a Licensing
Officer.
q) Demanding or requesting or receiving a drop fee.
r) Charging a hirer for time lost through defects or inefficiency of the tow truck,
or the incompetence of the tow truck owner or driver.
S) Suggesting or recommending to any hirer that any motor vehicle in respect
of which their services are to be given or requested, be towed, conveyed,
driven or delivered to any particular salvage yard, body shop, storage yard
or any other public garage, building or place, unless they have been
requested to do so by the hirer.
t) Permitting a person to be a passenger in a tow truck, except under the
following circumstances:
i) the passenger is the hirer of the tow truck.
ii) the passenger is either the spouse, son, daughter or parent or similar
relation in law of the tow truck driver, and in such cases, the driver is
not to solicit a tow, engage in any form of towing or have their tow
truck within two hundred (200) metres (approximately 656 feet) of the
collision scene, nor shall the driver cause or permit their passenger to
solicit a tow or take any actions to engage in any form of towing while
the passenger is in the tow truck.
iii) the passenger has been issued a temporary License and is receiving
instructions on driver training as to the operation of a tow truck while
a passenger.
iv) the passenger is the owner of the tow truck or tow company.
V) Is exempt under the provisions of Section 11.4 of this by -law.
U) Soliciting any person to take or use the tow truck they are driving by calling
out or shouting or employ or allow any runner or other person to assist or act
in concert with them in obtaining any business. The person wishing to use
or engage the tow truck shall be left to choose without interception or
solicitation.
V) Obstructing the use of any sidewalk, make any loud noise or disturbance,
use any abusive language, annoy or insult any person whatsoever.
w) Parking, stopping or otherwise standing the tow truck contrary to any
Township by -law except while actually at the vehicle and engaged in
services as provided by such driver.
X) Smoking in contravention of any Township by -law regarding smoking or any
other applicable legislation, whichever is the most restrictive.
Y) Falsely representing themselves as an employee of the Ontario Provincial
Police, any other Police Agency or the Township, in any manner.
Z) Operating a tow truck at any time where such vehicle being operated as a
tow truck does not meet, or if put to an inspection, could not pass the Safety
Standards established pursuant to the Highway Traffic Act.
aa) Permitting any tow truck driver to drive any tow truck unless such tow truck
driver is Licensed under the provisions of this by -law.
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bb) Permitting any person to dispatch calls on behalf of the Towing Company or
to a Tow Truck unless such company or vehicle is Licensed under the
provisions of this by -law to do so.
cc) Breaching or violating or causing, suffering, or permitting any breach or
violation of any by -law of the Township, or any Statute, Order -in- Council, or
Regulation of the Legislature of the Province of Ontario or the Parliament of
Canada or any Agency, Board or Commission thereof, in, upon, or in
connection with the vehicle or activity for, or in relation to which the License
has been issued.
dd) Causing, suffering or committing any nuisance to arise in, on, or in
connection with the vehicle or activity for which the License has been issued.
ee) Operating or allowing to operate a tow truck that exceeds the manufacturer's
gross vehicle axle rating (G.V.A.R.).
ff) Acting, or permitting to act, as a spokesperson to the media on behalf of
Police, the Township, any persons or agencies, on all matters occurring, or
have thought to be occurring, within a collision scene.
11. HEAVY RECOVERY TOWING / HEAVY RECOVERY FIRM
11.1 A Towing Company shall be deemed to be a Heavy Recovery Towing
or Heavy Recovery Firm if the tow company:
a) Owns or has immediate access to and ability to operate an aircushion
recovery system for the up- righting of overturned trucks, tractor trailers
and /or heavy equipment.
b) Owns or has immediate access to and ability to operate a minimum of one
(1) rotating recovery tow truck with a sixty (60) ton minimum manufacturer
rated boom.
C) Owns or has immediate access to and ability to operate a minimum of two
(2) additional heavy recovery units with a thirty -five (35) ton minimum
manufacturer rated boom.
d) Utilizes manufacturer rated safety chains appropriate to the size of the
recovery unit.
e) Owns or has immediate access to replacement tractors available at all
times.
f) Owns or has immediate access to load floats and /or detachable floats and
replacement van trailers at all times.
g) Is able to provide an appropriate indoor facility for the storage of vehicles for
investigational purposes which is deemed appropriate by any investigating
officer or any enforcement agency with an auditory alarm and video
surveillance.
11.2 A Heavy Recovery Towing / Heavy Recovery Firm shall provide to the
Licensing Officer:
a) Proof of Ministry of Environment Provisional Waste Handling Certification.
b) A copy of the auditable training programs for the Transportation of
Dangerous Goods as per the Dangerous Goods Transportation Act, R.S.O.
1990, Chapter D.1, as amended.
c) A statement that all surveillance records will be kept in a secure location for
a minimum of thirty (30) calendar days.
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d) And must meet all requirements for a tow company as identified within this
by -law unless exemptions are otherwise provided within this by -law.
11.3 A Heavy Recovery Towing / Heavy Recovery Firm shall be permitted to
operate a compound outside of the Township boundaries upon:
a) Inspection of the facility by the Licensing Officer or designate.
b) Approval by the Council of the Township.
C) Proof of insurance with a minimum of $10,000,000.00 million liability for the
compound.
d) And that the said compound meets all other requirements as provided within
this by -law.
11.4 A Heavy Recovery Towing / Heavy Recovery Firm shall be permitted to
allow to work as many employees of the tow company as required to
complete the towing in a safe and timely manner which includes to be
permitted to travel in the Heavy Recovery Towing Tow Truck(s).
12. TRAINEES AND TRAINING INSTRUCTION
a) Where a person who is permitted to be a passenger pursuant to this by -law
is receiving instructions on driver training such passenger shall not be:
i) Trained for more than one thirty -day period commencing from the
date that the Application for a driver's License was submitted to the
Licensing Officer;
ii) Permitted more than one such thirty -day training session regardless
of the number of Applications for a driver's License the applicant may
have made to the Licensing Officer; or
iii) A nuisance, or hindrance or such passenger shall not create a
disturbance while in the process of receiving such training.
b) Where an Application for a driver's License has been submitted to the
Licensing Officer, and where the applicant for such driver's License will be
receiving instructions on driver training from the licensed owner, the
Licensing Officer shall issue a trainee License which shall expire thirty (30)
days from the date that the Application is submitted and is completed within
the provisions of this by -law.
C) No person shall be a passenger in a tow truck who is receiving instructions
on driver training prior to the issuance of a thirty (30) day trainee License.
d) No person shall instruct, or permit to be instructed, a passenger on driver
training prior to the issuance of a thirty (30) day trainee License.
13. ENFORCEMENT
a) A Licensing Officer, Municipal Law Enforcement Officer, Provincial Offences
Officer, Police Officer, or other duly appointed individual shall enforce the
provisions of this by -law.
14. REGISTRY
a) The Licensing Officer shall keep a License register in which shall be
recorded the full operating name and address of each Licensee, the address
of the place or premise in which the Licensee carries on, conducts,
operates, maintains, keeps, or engages in the business, for which the
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License was issued, the number of the License and any plates issued, the
date of issue, the amount of the License fee paid, the date of expiry of the
License, the type of License issued, and any other particulars or
observations pertaining to the same which are useful or necessary. A copy
of the updated License registry shall be provided to the Ontario Provincial
Police Barrie Detachment upon each update.
15. INSURANCE
a) All insurance required under the provisions of this by -law shall be provided
at the time of Application in a form acceptable to the Township and in the
amount as specified pursuant to the applicable sections of this by -law unless
otherwise approved or required by Council. Where applicable, Certificates
of Insurance shall name The Corporation of the Township of Oro - Medonte
as an additional insured. Further, any liability insurance shall contain an
endorsement specifying that the Township shall be given thirty (30) days
written notice of any cancellation, expiration or change in the policy.
b) If for any reason such liability insurance is cancelled, expires or for any other
reason does not remain in effect, the License for which the insurance was
required shall become void on the final date for which the insurance was
valid.
ii a :I *7_11.1171.69 d x11 [97.6
a) The Schedules of this by -law outline the Applications, inspections, and
documentation required to accompany any Application and further
establishes the fees required to be paid by the applicant at the time of
Application.
b) Incomplete Applications shall be considered to have been received and may
be returned to the applicant or held pending further information and the
applicant will be provided a written notice of such actions of the Licensing
Officer. Once the Application and fee is submitted to the Licensing Officer,
the fee shall not be reimbursed.
17. SCOPE AND AUTHORITY
a) Where a matter is subject to provincial regulation, any provision of this by-
law is without effect to the extent that it prohibits or regulates the matter in
substantially the same way as or in a more restrictive way than the provincial
regulation.
18. EXPIRY OF LICENSE
a) The date of expiry for all Licenses issued under the provisions of this by -law
shall be one year from date of issue unless otherwise specified on the
License and each renewal of License shall, thereafter, expire on such date
in each subsequent year.
19. SEVERABILITY
a) Should any section of this by -law be declared by a Court of competent
jurisdiction to be ultra vires or illegal for any reason, the remaining parts
shall nevertheless remain valid and binding, and shall be read as if the
offending section or part had been struck out.
20. EXEMPTIONS
a) The Licensing Officer and /or Council may grant an exemption to any
person from any provision of this by -law and impose conditions for such
exemption as may be considered reasonable and necessary, provided
such exemption does not interfere with the general integrity of this by -law.
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b) In the event that a situation develops that requires specialized towing
equipment that is not available through a licensed owner /driver then the
closest available towing service with the necessary equipment may be
called and the company's owner and driver shall be exempt from the
requirements of this by -law for the duration of the call for service.
C) In the event that a Police Officer and /or an Investigating Officer requires
the tow truck services to be provided from a tow truck company that has a
contract or memorandum of understanding with the Ontario Provincial
Police or any other Police Service, the necessary tow truck company may
be called and the company's owner and driver shall be exempt from the
requirements of this by -law for the duration of the call for service.
d) In the event that a Police Officer and /or an Investigating Officer requires
the tow truck services to be provided from a tow truck company that can
offer a specialized service required by the Police Officer and /or
Investigating Officer, the necessary tow truck company may be called and
the company's owner and driver shall be exempt from the requirements of
this by -law for the duration of the call for service.
e) Where there are no matters of public concern or public safety, the vehicle
operator /owner /responsible representative shall be asked to identify a
towing service of their choice or select a towing service from a municipally
generated listing of all locally licensed operators.
21. IMMEDIATE REVOKATION /CANCELLATION OF TOWING
OWNERITOW DRIVER LICENSE
a) Where a Licensing Officer, Municipal Law Enforcement Officer, Police
Officer or other Provincial Offences Officer finds suspended, prohibited or
restricted by way of a Court Order, Criminal Conviction or other conviction
pursuant to a Provincial Statute, the Ontario Driver's Licence of a person
who is licensed under this By -law, the Tow Truck Owner or Tow Truck
Driver shall surrender the License issued pursuant to this By -law and it
shall be immediately revoked or cancelled until a hearing has been
convened.
b) Where a Licensing Officer, Municipal Law Enforcement Officer, Police
Officer or other Provincial Offences Officer finds suspended, prohibited or
restricted by way of a Court Order, Criminal Conviction or other conviction
pursuant to a Provincial Statute, the Ontario Driver's Licence of a person
who is licensed under this By -law, the Tow Truck Owner or Tow Truck
Driver shall as soon as practical return the seized License issued pursuant
to this By -law to the Licensing Officer.
c) A Tow Truck Driver who has had their License revoked or cancelled by
reason in paragraph 21. a), may re -apply for a license issued under
section 3.4 or 3.5 and pay all applicable fees.
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SCHEDULE 1
To By -law No. 2011 -093
APPLICATION — TOW TRUCK COMPANY
Registered Name of Company
Company's Address
Compound Location
Email
Company's Owner(s)
Company's Main Contact
Phone Number
Cellular Number
1. Payment of the appropriate fees as set out in Schedule 4 of this by -law.
2. Proof of liability insurance for the compound in the amount of at least
$5,000.000.00 (five million) to be separate from any insurance policies for each
tow truck or each tow truck driver.
3. Proof of GST (Goods and Services Tax) registration or HST (Harmonized Sales
Tax) registration.
4. A written Statement of Rates and Charges for all services provided by the
towing company. The Licensee shall ensure that no other rates or charges are
demanded or received by any tow truck driver. The Statement of Rates and
Charges will be periodically reviewed by the Licensing Officer and Tow Truck
Companies to ensure mutually agreed upon rates.
5. A list of tow truck drivers who will drive tow trucks on behalf of the towing
company.
6. A completed Occupational Health and Safety Statutory Declaration Form as set
out in Schedule 7 of this by -law.
7. Any other required inspections, approvals or documents as required by the
Licensing Officer:
This Application is deemed to be complete on the of
2011.
Staff signature.
Page 26 of 33
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5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
Attachment D
SCHEDULE 2
To By -law No. 2011 -093
APPLICATION — TOW TRUCK
Company's Name on Tow Truck Tow Truck's Owner(s)
Tow Truck Owner's Address Tow Truck Owner's Main Contact
Compound Location Phone Number
Email Cellular Number
1. Payment of the appropriate fees as set out in Schedule 4 of this by -law.
2. The vehicle's make, model, year and Vehicle Identification Number.
3. Proof of liability insurance in the minimum amount of $5,000,000 naming the
Corporation of the Township of Oro - Medonte as a third party insurer.
4. Certificate of insurance for which they are the owner insuring:
i) In respect to any one claim, in the amount of at least $5,000,000 exclusive of
interest and costs, against liability resulting from bodily injury to or the death of
one or more persons and loss or damage to property.
ii) In respect of any one claim, in the amount of at least $200,000 against liability
for damage to a customer's motor vehicle while in their care, custody or control
and caused by collision, upset, fire, lightning, theft or attempt theft, malicious
mischief, windstorm, hail, explosion, riot, civil commotion or rising water.
iii) In respect of any one claim, cargo liability insurance in the amount of at least
$100,000 to indemnify the applicant against loss by reason of their legal liability
indirect physical loss or damage to vehicles and other items of property
accepted by the applicant for towing or conveyance.
5. Valid /current Motor Vehicle Permit.
6. Ontario License plate number.
7. Ministry of Transportation Annual Inspection Certificate.
8. Ministry of Transportation Safety Standards Certificate.
9. Vehicle Inspection Letter from a Certified Master Installer.
10. Proof of speed governing at 105km for trucks registered over 11,794
kilograms for vehicles manufactured in 1995 or later.
11. Certificate of Inspection that the tow truck complies with the National Safety
Mark under the Motor Vehicle Safety Regulations or a Certificate that the tow
truck to be Licensed is exempt.
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Attachment D
12. A letter identifying that front line service tow trucks are no older than fifteen
(15) years and reserved service tow trucks are no older than twenty (20)
years.
13. In the case of a tow truck which is not owned by the towing company, the
registered owner's name and address.
14. Copy of the lease agreement.
15. List of Replacement vehicle for Licensed tow truck removed from service
Page 28 of 33
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5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
Attachment D
SCHEDULE 3
To By -law No. 2011 -093
APPLICATION — TOW TRUCK DRIVER
Tow Truck Driver's Name Tow Truck Driver's Address
Compound Location Phone Number
Email Cellular Number
1. Payment of the appropriate fees as set out in Schedule 4 of this by -law.
2. Two (2) pieces of identification, one of which shall be photographic identification
detailing the applicant's birth date, legal name and current residential address.
3. Criminal Record Check obtained from a Police enforcement agency and dated
within 30 days of the date of receipt of the Application, including, if applicable, a
Vulnerable Sectors Check.
4. Ontario Driver's Licence abstract obtained from the Ministry of Transportation
and dated within 30 days of the date of receipt of the Application.
5. Original Ontario Driver's Licence with a minimum Class G designation with no
driving restrictions.
6. Letter of Employment from Tow Truck Company.
7. Written statement of any pecuniary interest either directly or indirectly, in a
vehicle pound, yard or building used for the storage or impounding of vehicles, a
vehicle body shop or other kind of public garage or any other yard, shop,
building or place used for the storage, repair or servicing of vehicles. OR
8. Full information as to the location and the type of facilities in which they have an
interest and the nature and extent of the interest.
Page 29 of 33
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5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
Attachment D
SCHEDULE 4
To By -law No. 2011 -093
FEES
CATEGORY
LICENSE FEE
Towing Company each
$250.00
Tow Truck each
$250.00
Tow Truck Driver each
$100.00
Duplicate License
$25.00
Replacement License including
amendments
$25.00
"In the event of return and /or surrender or revocation of a license issued
pursuant to this by -law, no part of the license fee will be refunded.
Page 30 of 33
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5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
Attachment D
SCHEDULES
To By -law No. 2011 -093
TARIFF OF RATES
* *shall include all administration, hook up or release fees **
Collision Tow to any Tow Truck Company's Compound
$250.00
within the Township
*where the vehicle does not exceed 6000 pounds (3000
kg) in towing weight, including:
*use of flatbed or dolly
* scene clean-up u to 30 minutes
Collision Tow to any Tow Truck Company's Compound
$250.00 and
outside of the Township
$3.00 /kilometer
*where the vehicle does not exceed 6000 pounds (3000
kg) in towing weight, including:
*use of flatbed or dolly
* scene clean-up u to 30 minutes
Storage outside per day
$60.00
Storage indoor per day
$75.00
Wait time after two hours
$60.00 /hour
Scene clean-up after 30 minutes
$35.00 /half hour
Off road recovery
$150.00
*includes winchin
Roll over recovery
$150.00
Second Tow Truck required to assist
$150.00 /hour
Page 31 of 33
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5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
Attachment D
SCHEDULE 6 To By -law No. 2011 -093
I1161TAl.[rLl49:f6] 110_A9 101k 111701 S A
In Accordance with Township of Oro - Medonte By -Law No. 2011 -093, the
owner /operator of the vehicle to be towed from the collision scene, or a Police
Officer in the absence of the owner /operator, and the licensed Tow Truck Driver
MUST BOTH SIGN THIS FORM before the commencement of the tow and
distribute:
White— Owner /Operator Pink —Tow Truck Driver Yellow—Police
This Towing Authorization Form is strictly for towing and in no way approval to
initiate repairs to the vehicle.
1. Completed by vehicle owner /operator /driver:
I, have authorized
the said named tow truck driver to tow my vehicle bearing License Plate Number
to the location of
at the inclusive Collision Tow Rate shown to me as set out in Township of Oro -
Medonte By -Law No. 2011 -093.
Collision Tow Charge: $
Other Charges (if applicable): Amount:
2. Completed by the Tow Truck Driver
Date Company
Driver's Name Municipal License Number
Collision Location Compound Location or
Requested Location
In the event that the vehicle cannot be towed directly to the location of the vehicle
owner /operator /driver's choice, the tow truck driver must disclose in advance any
additional charges as set out in the Tariff of Fees filed with the Township.
3. Permission to Tow - must be signed by all parties
Signature — Vehicle owner /operator /driver Date
Signature — Tow Truck Driver Signature — Police Officer
If you have any concerns or questions, please contact:
Township of Oro - Medonte - Licensing Officer
148 Line 7 South, Oro, ON LOL 2X0
(705) 487 -2171
Page 32 of 33
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5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
Attachment D
SCHEDULE7
To By -law No. 2011 -093
OCCUPATIONAL HEALTH AND SAFETY
STATUTORY DECLARATION FORM
In submitting this Proposal, I/We,
on behalf of
(Legal name of company) certify the following:
a) I/We have a health and safety policy and will maintain a program to implement such
policy as required by clause 25(2)(j) the Occupational Health and Safety Act, R.S.O.
1990, c.0.1, as amended, (the "OHSA ").
b) With respect to the services being offered in this Proposal, I /we and our proposed
subcontractors, acknowledge the responsibility to, and shall:
(i) fulfill all of the "employer" obligations under the OHSA and ensure that all
work is carried out in accordance with the OHSA and its regulations;
(ii) ensure that adequate and competent supervision is provided as per the
OHSA to protect the health and safety of workers; and
(iii) provide information and instruction to all employees to ensure they are
informed of the hazards inherent in the work and understand the procedures
for minimizing the risk of injury or illness.
c) I/We agree to take every precaution reasonable in the circumstances for the
protection of worker health and safety, as required under the OHSA.
Dated at this day of
.20 .
(Authorized signing officer for the Proponent)
(Title)
(Telephone Number)
Witness — Township Staff
Page 33 of 33
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5a) - Report No. CS 2011 -15, Marie Brissette, Committee Coor...
June 22, 2011
1.1 Definitions:
red /bold writing means additions to the draft by -law
str i k ethreugI4 means to be removed from the draft
Compound: means a Motor Vehicle Storage Yard, fully fenced area with fencing a
minimum of six (6) feet high, overhead light which remain on during the dark hours and
the lighting is consistent throughout the impound area or an indoor secured facility,
accessible on a twenty -four (24) hour basis, with restricted access for pedestrians, with
a separate access from any other residential or commercial operation on the property,
with a separate office on the same property as the compound, located within the
boundaries of the Township of Oro - Medonte and in compliance with the Township's
Zoning By -law.
Tow Truck: means a motor vehicle used for hire for towing or otherwise conveying
vehicles whether or not such towed or conveyed vehicle is intact or in an inoperable
condition shall include but is not limited to vehicles that tow or convey by way of a
flatbed truck, tilt and load, hoist, dolly, pulleys, chains or other similar items.
3.4 Application for a Tow Truck
years ,d r „ t Ae ,. y t peks a A „idle,,- th +,.,, R t y ( 20) y ears.
11. HEAVY RECOVERY TOWING / HEAVY RECOVERY FIRM
11.1 A Towing Company shall be deemed to be a Heavy Recovery Towing or
Heavy Recovery Firm if the tow company:
b) Owns or has immediate access to and ability to operate a minimum of one (1)
rotating recovery tow truck with a sixty 0i a forty (40) ton minimum manufacturer
rated boom.
C) Owns or has immediate access to and ability to operate a minimum of two (2)
additional heavy recovery units with a thirty five (35) twenty five (25) ton minimum
manufacturer rated boom.
11.3 A Heavy Recovery Towing / Heavy Recovery Firm shall be permitted to
operate a compound outside of the Township boundaries upon:
C) Proof of insurance with a minimum of $10,000,000.00 million liability for the
compound.
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red /bold writing means additions to the draft by -law
s trikethreugI4 means to be removed from the draft
SCHEDULE 5 - TARIFF OF RATES
Collision Tow to any Tow Truck Company's Compound
$250.00
within the Township
*where the vehicle does not exceed 6000 pounds (3000
kg) in towing weight, including:
*use of flatbed or dolly
* scene clean-up u to 30 minutes
Collision Tow to any Tow Truck Company's Compound
$250.00 and
outside of the Township
$3.00 /kilometer
*where the vehicle does not exceed 6000 pounds (3000
kg) in towing weight, including:
*use of flatbed or dolly
* scene clean-up u to 30 minutes
Storage outside per day
$60.00
Storage indoor per day
$75.00
Wait time after two hours
$60.00 /hour
Scene clean-up after 30 minutes
$35.00 /half hour
Off road recovery
$150.00
*includes winching
*vehicle must be no less than sixty -six (66) feet from
the edge of the road way to be considered off road
recover
Roll over recovery
$150.00
Second Tow Truck required to assist
$4-50
$90.00 /hour
Page 70 of 71
7a) - Being a By -Law to Confirm the Proceedings of the Speci...
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2011 -094
Being a By -Law to Confirm the Proceedings of the Special Council Meeting
held on Wednesday, June 22, 2011
WHEREAS Section 5 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended
provides that the powers of the Municipal Council shall be exercised by By -Law,
unless the municipality is specifically authorized to do otherwise;
AND WHEREAS The Council of The Corporation of the Township of Oro - Medonte
deems it expedient that the proceedings at this Special Council Meeting be
confirmed and adopted by By -Law;
NOW THEREFORE the Council of The Corporation of the Township of Oro -
Medonte hereby enacts as follows:
1. That the actions of the Council at its Special Council Meeting held on
Wednesday, June 22, 2011, and in respect to each Motion, Resolution and other
actions passed and taken by the Council at its said Special Meeting is, except
where prior approval of the Ontario Municipal Board is required, hereby adopted,
ratified and confirmed.
2. That the Mayor and the proper Officials of the Township are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary on behalf of the Council of the Corporation of the Township of Oro -
Medonte.
3. That the Mayor and Deputy Clerk are hereby authorized and directed to execute
and affix the corporate seal to all necessary documents.
4. And That this by -law shall come into force and take effect on the final passing
thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 22
DAY OF JUNE, 2011.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
Mayor, H.S. Hughes
Deputy Clerk, Janette Teeter
Page 71 of 71