2016-105 Amend Special Events By-Law 2015-123The Corporation of the Township of Oro-Medonte
By-law No. 2016-105
A By-law to Amend By-law No. 2015-123, Being a By-law to establish a
framework with respect to notification and issuance of permits for special
events in the Township of Oro-Medonte
(Special Events By-law)
Whereas Sections 8, 9 and 11 of the Municipal Act, 2001, S.O. 2001, c. 25, confer
broad powers on municipal councils to govern their affairs as they deem appropriate
and to enact by-laws for broad purposes, including notifications, licensing and the
issuance of licenses, permits, approvals and other systems of permissions;
And Whereas pursuant to Section 126 of the Municipal Act, 2001, Council may
pass by-laws to: (a) regulate cultural, recreational and educational events including
public fairs; (b) issue permits for such events; (c) impose conditions to hold and
renew such permits; and pursuant to section 129 of the Municipal Act, 2001 may
pass by-laws to regulate and prohibit traffic, noise, vibration, odour, dust and
outdoor illumination;
And Whereas pursuant to Part IV of the Municipal Act, 2001, including Sections
150 and 151, Council may pass by-laws providing for a system of licences with
respect to a business, including exhibitions, concerts, festivals and other organized
public amusements held for profit or otherwise;
And Whereas, pursuant to Part XII of the Municipal Act, 2001, including Sections
391(1)(b) and (c), 391(3) and 394(1)(c) and (d), the Township is authorized to
impose fees or charges on persons for services or activities provided or done by or
on behalf of it; for costs payable by it for services or activities provided or done by or
on behalf of any other municipality or local board; for services paid for by the
municipality; and the costs included in a fee or charge may include costs incurred
by the municipality related to administration and enforcement;
And Whereas pursuant to Part XIV of the Municipal Act, 2001, Council may pass
by-laws providing that a person who contravenes a by-law is guilty of an offence, to
establish fines for offences under its by-laws and generally to enforce its by-laws;
And Whereas the Township wishes to ensure cooperation among the various
agencies involved in and affected by special events in order to: (a) enhance the
quality of life for residents; (b) further tourism and economic development; (c)
protect public health and safety; and (d)minimize unnecessary disruptions in the
community;
And Whereas Council of The Corporation of the Township of Oro-Medonte did on
the 25th day of June, 2015 enact By-law No. 2015-123, being a by-law to establish a
framework with respect to notification and issuance of permits for special events in
the Township of Oro-Medonte;
And Whereas Council of the Corporation of the Township of Oro-Medonte does
now deem it desirable to amend By-law No. 2015-123;
Now Therefore the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. That the following paragraphs be added to the recitals of By-law No. 2015-
123:
"And Whereas pursuant to Part IV of the Municipal Act, 2001, including
Sections 150 and 151, Council may pass by-laws providing for a system of
licences with respect to a business, including exhibitions, concerts, festivals
and other organized public amusements held for profit or otherwise;
And Whereas, pursuant to Part XII of the Municipal Act, 2001, including
Sections 391(1)(b) and (c), 391(3) and 394(1)(c) and (d), the Township is
authorized to impose fees or charges on persons for services or activities
provided or done by or on behalf of it; for costs payable by it for services or
activities provided or done by or on behalf of any other municipality or local
board; for services paid for by the municipality; and the costs included in a
fee or charge may include costs incurred by the municipality related to
administration and enforcement;"
2. That Section 1.1(1) of By-law No. 2015-123 be deleted in its entirety and
replaced with:
"1.1. (1) "Permit" means any licence or permission issued in
accordance with the provisions of this By-law and the licensing
provisions of Part IV of the Municipal Act, 2001;"
3. That Section 2.12(a) of By-law No. 2015-123 be deleted in its entirety and
replaced with:
"2.12 (a) the Permit Holder shall comply with all of the applicable laws,
including any applicable zoning or other land use control by-law
under the Planning Act;"
4. That Section 2.12(f) of By-law No. 2015-123 be deleted in its entirety and
replaced with:
"2.12 (f) the Permit Holder shall comply at all times with the noise
management procedures and controls, including mitigation
measures, and the maximum level of permissible audible
sound, as determined by the Chief Municipal Law Enforcement
Officer or designate and identified in the operations plan,
throughout the duration of the event;"
5. That a new section, Section 2.13.2, of By-law No. 2015-123 be added to By-
law No. 2015-123 as follows:
"2.13.2 Notwithstanding Sections 2.13 and 2.13.1, in the case of a
Special Event involving 10,000 or more people per day and live
music/amplified sound, the maximum level of permissible
audible sound, and the appropriate method of measuring the
level of audible sound, will be as approved by Council. In this
respect, the maximum level of permissible audible sound, and
any required noise management procedures and controls,
including mitigation measures, as determined by Council, shall
be included as part of the operations plan required by Section
2.6."
6. That Section 2.14(b) of By-law No. 2015-123 be deleted in its entirety and
replaced with:
"2.14 (b) the Applicant has not satisfied the requirements of Sections
2.11, 2.12 and 3.1-3.8;"
7. That Section 2.15(c) of By-law No. 2015-123 be deleted in its entirety and
replaced with:
"2.15 (c) the Permit Holder is not in compliance with any license, permit,
approval, or authorization required under Sections 2.11, 2.12
and 3.1- 3.8;"
8. That Section 3.7 of By-law No. 2015-123 be deleted in its entirety and
replaced with:
"3.7 Where deemed appropriate by the Director, or Council as the
case may be, the Permit Holder shall provide either cash or a
letter of credit in a form acceptable to the Director, Finance as
security for possible damage to Township property (including
highways) or equipment for possible damage to public or
private properties potentially impacted by the event; for any
monies paid or owing by the Township for any costs incurred by
the Township as a result of the Permit Holder's use of the
property for special event purposes (including but not limited to
emergency service costs, policing costs, road maintenance
costs and clean-up costs); and for fulfillment of all of the Permit
Holder's obligations under the By-law and Permit."
9. That a new section, Section 3.8, be added to By-law No. 2015-123 as
follows:
"3.8 In addition to any other action or remedy the Township may
take under this By-law, where the Permit Holder fails to, or
refuses to, provide the securities required by Section 3.7, the
permit holder shall reimburse / compensate the Township for
any costs or damage whatsoever that the Township incurs as a
result of the Special Event(s), including any remedial action that
the Township, in its discretion, may be required to undertake
pursuant to section 446 of the Municipal Act, 2001."
10. That Section 4.0 of By-law No. 2015-123 be deleted in its entirety and
replaced with:
"4.0 Enforcement
Officers and Inspection
4.1 This By-law may be enforced by a Police Officer, a Municipal
Law Enforcement Officer, the Fire Chief, or the Township's
Chief Administrative Officer or designate.
4.2 No person shall prevent, hinder or interfere, or attempt to
prevent, hinder or interfere with an inspection undertaken in
accordance with this By-law.
Licensing Fines, Offences and Penalties
4.3 Subject to Section 4.5 of this By-law, every person, who
contravenes any provision of this By-law, including any
condition of a Permit issued under this By-law, is guilty of an
offence and upon conviction is liable to:
(a) in the case of a person other than a corporation, a
minimum fine of $250 and a maximum fine of $50,000
for each offence;
(b) in the case of a corporation, a minimum fine of $500 and
a maximum fine of $100,000 for each offence;
(c) in the case of a continuing offence, such as where the
contravention takes place over multiple days, for each
day or part of a day that the offence continues, an
additional fine of up to $10,000 for each day or part of
the day that the offence continues.
4.4 In addition to the regular fines set out in Section 4.3, and in
order to eliminate or reduce any economic advantage or gain
from contravening this By-law, every person, including a
corporation, found guilty of an offence may be liable to a
special fine of up to $250,000.
4.5 The system of fines set out in this by-law expressly do not
apply to any land use planning or zoning by-law contraventions,
including a breach of any permit conditions related to same,
that may be prosecuted under section 67 of the Planning Act."
4.6 Notwithstanding and in addition to the foregoing fines, any
Permit issued under this By-law, including conditions attached
thereto, and any agreement under Section 2.9 of this By-law
may include administrative penalties as contemplated by
Section 151(1)(g) of the Municipal Act, 2001.
11. This By-law shall take effect on the final passing thereof.
By-law read a First, Second and Third time, and Passed this 6t" day of July,
2016.
The Corporation of the Township of Oro-Medonte