2015-005 Establish a framework with respect to issuance of permits for special eventsThe Corporation of the Township of Oro-Medonte
By -Law No. 2015-005
Being a By-law to establish a framework with respect to notification and issuance
of permits for special events in the Township of Oro-Medonte
Whereas Sections 8, 9 and 11 of the Municipal Act, 2001, S.O. 2001, c. 25, confer
broad powers on municipal councils to govern their affairs as they deem appropriate
and to enact by-laws for broad purposes, including notifications, licensing and the
issuance of licenses, permits, approvals and other systems of permissions;
And Whereas pursuant to Section 126 of the Municipal Act, 2001, Council may pass
by-laws to regulate cultural and recreational events, including public fairs and pursuant
to section 129 of the Municipal Act, 2001 may pass by-laws to regulate and prohibit
traffic, noise, vibration, odour, dust and outdoor illumination;
And Whereas pursuant to Part XIV of the Municipal Act, 2001, Council may pass by-
laws providing that a person who contravenes a by-law is guilty of an offence, to
establish fines for offences under its by-laws and generally to enforce its by-laws;
And Whereas the Council of The Corporation of the Township of Oro-Medonte seeks to
regulate the holding of special events in the Township of Oro-Medonte and deems it
necessary and expedient to enact a by-law to govern the holding of special events on
public and/or private property;
Now Therefore the Council of The Corporation of the Township of Oro-Medonte enacts
as follows:
Definitions
1.1 In this By-law:
(a) "AGCO" means Alcohol and Gaming Commission of Ontario;
(b) "Applicant" means the person or entity submitting, filing or making
an application for a Permit;
(c) "Director" means the Director, Recreation & Community Services
of the Township; or his/her designate;
(d) "Host Venues" means any private property owner or business who
either themselves or through the activities of an event organizer
hosts a special event on their private lands;
(e) "Notification" means completion and submission of the "Special
Event Permit/Notification" form;
(f) "O.P.P." means Ontario Provincial Police;
(g) "Operations Plan" means the compilation of all required logistical
plans necessary to deliver a special event;
(h) "Permit" means any permit issued in accordance with the provision
of this By-law;
(i) "Person" includes a corporation, business entity or group;
Q) "Private Property" means any lands that are not a Township or
Public Facility or any other public lands;
(k) "Special Event" means an activity or function, typically constituting
a one time, annual or infrequently occurring event which is more
particularly described in Section 2.1 when held on public lands or in
Section 3.1 when held on private lands, within the boundaries of the
Township;
(1) "Township" means The Corporation of the Township of Oro-
Medonte;
(m) "Township or Public Facility" means lands, premises, road
allowances, parks, property or buildings controlled by the Township
or other government agencies.
(n) "Township Departments" means any department within the
Township.
2. Special events held on Public Lands (Notification, Permit and/or Operating
Plan Requirement)
2.1 No person shall hold or organize an event or activity on Township
Property or in a Public Facility, unless the Township has received
notification of the event; if deemed a "Special Event" has granted a Permit
for such event or activity and where applicable an Operating Plan has
been submitted within the specified time frame.
An event to be held on public property i.e. at/on Township Facilities, Parks
and Roadways or other municipal properties is deemed to be a "Special
Event" if one or more of the following criteria is present or if any one of the
criteria sited in Section 3.1 is present:
• Open to the general public, with or without, an admission fee;
• Advertised via newspaper, web and/or site signage etc.;
• Includes a Special Occasion Permit (serving of alcohol);
• Requires a Building Permit for tents, stages or other structures;
• Could potentially involve a number of attendees that could not be
managed on a roadway/facility/park without special measures being
in place.
Special Event Permit/Notification forms are to be submitted to the Director
a minimum of 120 days prior to the event.
Upon review of the Special Event Permit/Notification form the Director
may request that an Operation Plan is required. This plan is to be
submitted 60 days prior to the special event.
The Township and other relevant agencies recognize that opportunities do
come up with little notice and will endeavor to work with event organizers
and venues within the realities of operations constraints.
3. Special Events Held on Private Lands (Notification and/or an Operating
Plan Requirement)
3.1 No person shall hold or organize a special event or activity on Private
Property, unless the Township has received notification of the event and
where applicable an Operating Plan has been submitted within the
specified time frame.
An event taking place on private property will be deemed a "Special
Event" if one or more of the following criteria is present:
• An event outside of the course of normal operations which has the
potential to strain the community's emergency services response;
• An event which will have a foreseeable impact on the regular flow of
traffic;
• An event that may adversely affect the Oro-Medonte Community;
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• An event requiring the approval of a regulatory agency i.e. AGCO,
Health Unit, O.P.P. which is outside of the scope of typical operations.
Special Event Permit/Notification forms are to be submitted to the Director
a minimum of 120 days prior to the event.
Upon review of the Special Event Permit/Notification form the Director
may request that an Operation Plan is required. This plan is to be
submitted 60 days prior to the special event.
The Township and other relevant agencies recognize that opportunities do
come up with little notice and will endeavor to work with event organizers
within the realities of operations constraints.
If an Operations Plan is deemed to be required the Township will circulate
the plan to relevant agencies for review. The applicant shall be
responsible for ensuring that all legislation, regulatory requirements and/or
permits are secured prior to the event.
4. Special Events Held on Both Private and Public Lands (Notification, Permit
and/or an Operating Plan Requirement)
4.1 In the case where an event is to be held on both private and public
property i.e. at/on Township Facilities, Parks and Roadways or other
municipal properties, no person shall hold, organize or sponsor such an
event or activity, unless the Township has received notification of the
event. If the event is deemed to be a "Special Event", a Permit for use of
the public property will be required and where applicable an Operating
Plan may be requested by the Director.
An event held on public property is defined a "Special Event" as described
in Section 2.1.
An event held on private property is defined a "Special Event" as
described in Section 3.1.
Special Event Permit/Notification forms are to be submitted to the Director
a minimum of 120 days prior to the event.
Upon review of the Special Event Permit/Notification form the Director
may request that an Operation Plan is required. This plan is to be
submitted 60 days prior to the special event.
The Township and other relevant agencies recognize that opportunities do
come up with little notice and will endeavor to work with event organizers
within the realities of operations constraints.
If an Operations Plan is deemed to be required the Township will circulate
the plan to relevant agencies for review. The applicant shall be
responsible for ensuring that all legislation, regulatory requirements and/or
permits are secured prior to the event. A Township of Oro-Medonte
Special Event permit is required for the portion of the event taking place
on public lands.
5. Notifications/Permits
5.1 A completed form for Notification or Permit under this By-law shall be
submitted to the Director.
5.2 A completed form for Notification or Permit shall be filed not less than 120
calendar days before the first date of the Special Event. Forms can be
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obtained from the Township's Recreation and Community Services
Department or via the Township's Website.
5.3 If the Event is deemed to be a "Special Event" and is taking place on a
portion of public property, a permit shall either be granted, granted with
conditions or denied by the Director. The Applicant may be required to
attend a meeting to discuss the Special Event with the Director.
5.4 Permit Approval Process (for events taking place on public property or a
portion of thereof);
5.4.1 A Permit may be issued upon receipt and review of a complete
Special Event Notification/Permit form if, in the opinion of the
Director, the following conditions have been met:
(a) the Operating Plan, if required, has met all requirements of all
pertinent and governing operating departments (Fire, Building and
Planning, Municipal Law Enforcement) and agencies which include
but are not limited to: Conservation Authorities (if regulated),
Ontario Provincial Police, Simcoe County Paramedic Services,
Simcoe Muskoka District Health Unit, Electrical Safety Authority,
Alcohol and Gaming Commission of Ontario; and
(b) written confirmation of same has been received from all relevant
departments and agencies.
(c) there is a demonstrated benefit to the businesses, residents and
visitors of the Township by allowing the Special Event.
5.4.2 The Applicant shall submit a certificate of insurance evidencing
public liability insurance coverage, in the amount of Five (5) Million
Dollars ($5,000,000.00), for the Special Event. The insurance policy
will name the Township as additional insured. The Director may, in
its sole and absolute discretion, upon receipt of a complete written
submission from the Applicant outlining the reasons why the
insurance coverage request is unreasonable, amend the limits set
out above and its decision shall be final.
5.4.3 The Applicant shall agree in writing to indemnify and hold the
Township and its public officials, officers, employees and agents
completely harmless against any damages, suits, claims or losses
that may arise as a direct or indirect result of the Special Event.
6. Operating Plan
6.1 A completed Operating Plan, if deemed necessary, by the Director under
this By-law shall be filed with the Director.
6.2 A completed Operating Plan must meet the requirements of all relevant
Township departments, government agencies etc. and written
confirmation of such must accompany the Operating Plan as described in
Section 5.4.1(a).
6.3 A completed Operating Plan shall be filed not less than 60 calendar days
before the first date of the Special Event. Special Events Manuals can be
obtained from the Township's Recreation and Community Services
Department.
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7. Permit Conditions
7.1 The Director may impose, as conditions to the granting of a Permit, such
further requirements and restrictions as will, in the sole discretion of the
Director, protect the health, safety and welfare of the general public and
protect property, based on the recommendations of Township staff or
other agency representatives. Such conditions may include, but are
expressly not limited to:
(a) the posting of security in the form of a performance bond or an
irrevocable letter of credit to be held up to ninety (90) days after the
conclusion of the Special Event, or other surety securing payment
of an amount satisfactory to the Director to permit the reasonable
rectification of damages to any Township lands, premises, buildings
or structures which may be damaged or destroyed as a result of
the Special Event or to compensate the Township for any costs
charged to ensure that health and safety is maintained during/post
the event;
(b) the provision of adequate crowd control and traffic control, security,
fire protection, food handling, washroom facilities, parking control,
waste and refuse disposal, and noise restrictions and, where
applicable, the payment of such fees or charges to the Township or
such external agencies as may be required for the provision of any
such services.
8. Staff Support
8.1 The Director is the main contact for Special Events in the Township and
will advise the Applicant which municipal departments and agencies the
Applicant must obtain written support/comments from as may be
necessary.
9. Other Requirements
9.1 The issuance of a Permit or completion of Notification under this By-law
does not eliminate any requirement for any business licence or any other
permit(s) or approvals as may be prescribed by any other municipal by-
laws, rules and regulations or any other governmental agencies or laws.
The Applicant will still be required to obtain such approvals as may be
required in order to carry out its Special Event in full compliance of all
laws. These requirements shall be confirmed in writing from the
appropriate agency prior to the issuance of a Permit for a Special Event
under this By-law.
10. Compliance and Refusal
10.1 If an Applicant fails to comply with any of the provisions of this By-law, and
any provisions of the Permit or any other by-laws of the Township, in
addition to any other penalty, the Permit, where applicable as outlined in
Section 5.0 may be revoked at any time without notice.
10.2 If a Permit under this By-law is denied, the Permit may be reconsidered at
a subsequent occasion upon the Applicant addressing, to the satisfaction
of the Director, the reasons given for the initial denial of the application.
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11. Revocation of Permit
11.1 At anytime prior to the commencement or completion of the Special Event
for which a Permit has been issued pursuant to this By-law, the Permit
may be revoked by the Director by written notice delivered to either the
Applicant or the address of the Applicant as set out in the application, if:
(a) the Director is satisfied that incorrect or false information of a
material nature was submitted in support of the Permit;
(b) the Medical Officer of Health, acting reasonably, advises the
Director in writing that he or she is no longer of the opinion that the
health and sanitation arrangements for the event are satisfactory,
or that the health and sanitation requirements are not being
maintained;
(c) the Commanding Officer of the Ontario Provincial Police, or his or
her designate, acting reasonably, advises the Director in writing, he
or she is of the opinion that the arrangements for security and
police protection for the Special Event will not be adequate or that
the arrangements have not been carried out;
(d) the Fire Chief of the Township, acting reasonably, advises the
Director in writing that he or she is no longer of the opinion that the
approved Fire Safety Plan for the Special Event is satisfactory; or
(e) the Director is satisfied that any other arrangements or facilities
proposed by the Applicant for the Special Event have not been put
into place or carried out and the Director considers it to be a cause
for serious concern.
12. Short Title
12.1 This By-law may be referred to as the Special Events By-law.
13. Interpretation & Validity
13.1 Any reference to a statute, regulation or other legislation in this By-law
shall include such statute, regulation or other legislation or provision
thereof as amended, revised, re-enacted and/or consolidated from time to
time and any predecessor or succession legislation thereto.
13.2 Words importing the singular number shall include the plural, and words
importing the masculine gender shall include the feminine, and the
converse of the foregoing also applies, unless the context of the by-law
otherwise requires.
13.3 If a court of competent jurisdiction declares any provisions or part of a
provision of this By-law to be invalid or to be of no force and effect, it is the
intention of Council in enacting this By-law that the remainder of this By-
law shall continue in force and be applied and enforced in accordance with
its terms to the fullest extent possible according to law.
14. Administration
14.1 This By-law shall be administered by the Director.
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15. Effective Date of By -Law
15.1 This By-law shall come into force and take effect on the day of the passing
thereof.
By -Law Read a First, Second and Third time, and Passed this 14th day of
January, 2015.
The Corporation of the Township of Oro-Medonte
14ejla'�
J. IDotfcflas Irwin
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