2015-123 Special Events By-lawThe Corporation of the Township of Oro-Medonte
By -Law No. 2015 -123
Being a By-law to establish a framework with respect to notification and
issuance of permits for special events in the Township of Oro-Medonte
(Special Events By-law) and to repeal By-law No. 2015-005
Whereas Sections 8, 9 and 11 of the Municipal Act, 2001, S.O. 2001, c. 25,
confer broad powers on municipal councils to govern their affairs as they deem
appropriate and to enact by-laws for broad purposes, including notifications,
licensing and the issuance of licenses, permits, approvals and other systems of
permissions;
And Whereas pursuant to Section 126 of the Municipal Act, 2001, Council may
pass by-laws to (a) regulate cultural, recreational and educational events
including public fairs; (b) issue permits for such events; (c) impose conditions to
hold and renew such permits; and pursuant to section 129 of the Municipal Act,
2001 may pass by-laws to regulate and prohibit traffic, noise, vibration, odour,
dust and outdoor illumination;
And Whereas pursuant to Part XIV of the Municipal Act, 2001, Council may pass
by-laws providing that a person who contravenes a by-law is guilty of an offence,
to establish fines for offences under its by-laws and generally to enforce its by-
laws;
And Whereas Municipality wishes to ensure cooperation among the various
agencies involved in and affected by special events in order to (a) enhance the
quality of life for residents; (b) further tourism and economic development; (c)
protect public health and safety; and (d)minimize unnecessary disruptions in the
community;
And Whereas the Municipality seeks to regulate the holding of special events in
the Township of Oro-Medonte and deems it necessary and expedient to enact a
by-law to govern the holding of special events on public and/or private property;
Now Therefore the Council of The Corporation of the Township of Oro-Medonte
enacts as follows:
1. DEFINITIONS
1.1 In this By-law:
(a) "Advertising and Promotion Plan" means a written outline detailing
the proposed advertising, promotional and marketing campaign
regarding the Special Event;
(b) "Applicant" means the person or entity submitting, filing or making
an application for a Permit;
(c) "Clerk" means the Director, Corporate Services/Clerk of the
Township or his or her delegate;
(d) "Community Impact / Communication Plan" means a plan to
inform and where appropriate solicit public feedback and involvement
regarding managing the impacts associated with a special event and
to optimize the benefits for the community;
(e) "Council' means the Council of The Corporation of the Township of
Oro-Medonte;
(f) "Director" means the Director, Recreation & Community Services of
the Township;
(g) "Emergency Plan" means a written plan to follow in the event of fire,
extreme weather, criminal acts, personal injuries, medical or other
emergencies, a description of all first aid services to be provided,
medical transport provisions a communication protocol, decision
making authority, evacuation procedures, the names and contact
information for all emergency personnel, and any other emergency
preparedness information that the Fire Chief, Chief of County Simcoe
Paramedic Services, or the Detachment Commander, Barrie Ontario
Provincial Police or their designates may require.
(h) "Fire Safety Plan" means a written plan addressing fire protection
and prevention procedures or safeguards to react to situations
involving fire and fire hazards;
(i) "Noise" means any unwanted sound that is of such volume or nature
that it is likely ti disturb the inhabitants of the Township;
(j) "Notification" means completion and submission of the "Special
Event Permit/Notification" Form;
(k) "Operations Plan" means a consolidated document outlining all
applicable aspects of event plans and controls as specifically outlined
in Section 2.6.
(1) "Permit" means any permit issued in accordance with the provision
of this by-law;
(m) "Permit Holder" means the event organizer or entity ultimately
responsible for the organization and operations of the Special Event;
(n) "Person" includes a corporation, business entity or group;
(o) "Points of Reception" means the points on a premise where the
noise is originating used to determine levels of audible sound;
(p) "Premise" means:
i) the area contained within a building and/or parcel of property; or
ii) individual units in multiple unit residential or commercial buildings;
(q) "Private Property" means any lands or facilities that are not owned or
operated by the Township.
(r) "Security Plan" means a written plan that establishes measures to
ensure the safety, protection and precaution with respect to persons
and property at, travelling to and from or in the vicinity of the Special
Event. It provides information relating to all security services
dedicated to the special event, their roles and responsibilities, a
communication protocol, decision making authority, restricted areas
and any other security information that the Fire Chief or the
Detachment Commander, Barrie Ontario Provincial Police or their
designates may require;
(s) "Site Plan" means a drawing or sketch of the subject area indicating
the details of the event that shall include but not limited to booths,
entrances/exits and any other structure that is to be accompanied by
a map displaying the size and location of the event;
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(t) "Special Event" means an activity or function, typically constituting a
one time, annual or infrequently occurring event which is more
particularly described in Section 2.1, held within the boundaries of the
Township.
(u) "Structural Plan" means a plan or drawing that sets out the location
and particulars of any buildings or structures that are being erected,
constructed or otherwise provided, whether permanent or temporary,
on the subject area of the Special Event and will include a lighting
plan, if the Special Event is proposed to take place during non -
daylight hours, that will minimize the impact or interference of
illumination upon properties in the vicinity of the Special Event;
(v) "Township" means The Corporation of the Township of Oro-
Medonte;
(w) "Township" or "Public Facility" means lands, premises, road
allowances, parks, property or buildings controlled by the Township
or other government agencies;
(x) "Township Departments" means any department within the
Township;
(y) "Traffic Management Plan" means a plan providing for the control
and management of traffic and parking including all vehicular,
pedestrian, and cyclist movements to, from, and within the Special
Event site and, where applicable,
(i) detours of public transit routes and highways
(ii) emergency vehicle access and egress;
(iii) pedestrian flow
(iv) temporary barriers and devices necessary for traffic control or
parking;
(v) designated accessible pick-up and drop-off locations for
persons with disabilities;
(vi) the pick-up and drop-off locations for buses, taxis, shuttles, and
limousines;
(v) vehicles that exceed the load or dimension limits set out in Parts
VII and VIII of the Highway Traffic Act, R.S.O. 1990, c. H.8;
(vi) such other traffic and parking information as the Director,
Transportation and Environmental Services may require.
(z) "Waste Management Plan" means a plan outlining the management
of waste, recycling, septage and hazards, pre -event, during the event
and post event.
2. SPECIAL EVENT PERMITS
Special events for which Permit is required
2.1 No person shall hold, organize or sponsor any of the following events or
activities on a Township or Public Facility or the following events or
activities on Private Property which attract more than 500 persons at any
given time who participate or attend, unless the Township has granted a
Permit for such event or activity ("Special Event") for such period of time
as set out in the Permit.
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(a) parades, processions, marathons, bicycle races, adventure/obstacle
races, recreational events, animal shows, car/automobile shows and
other events which may utilize also the sidewalks or vehicular travel
portion of municipal streets, highways, parking lots or properties,
excluding indoor facilities operated by the Township;
(b) carnivals, bazaars, gatherings and similar events which offer such
activities as amusement rides or devices, games of skill, animal rides
or exhibitions, food concessions or live entertainment;
(c) outdoor concerts, festivals or entertainments offering live or recorded
music or entertainment for public or private audiences;
(d) organized scheduled contests and exhibitions;
(e) marine events, including any prescheduled organized concentration
of watercraft, involving participants and/or spectators, of a
competitive or non-competitive nature;
(f) scheduled races, exhibitions or other events involving the operation
of motorized vehicles or any type (Public Lands Only);
(g) activities or events requiring a variance from the regulations of any
municipal department;
(h) outdoor assemblies for demonstration, political, religious and/or
cultural purposes;
(i) the showing of feature films; filming of television commercials,
documentaries, educational films, television films, television network
programs, music videos and commercial still photography.
Exemptions
2.2 No Permit shall be required for Special Events held indoors at a
facility operated by the Township.
2.3 Notwithstanding the Special Events set out in Section 2.1, a Permit
shall not be required for any Special Events set out in Subsections
2.1(a) to (i) taking place solely on Private Property if such Special
Events are:
(a) permitted in the Township's zoning by-laws or has otherwise
been authorized by the Township, and,
(b) part of the normal operations of a business or institution, and
specifically will not reasonably:
(i) have the potential to strain the community's emergency
services response;
(ii) have a foreseeable impact on the regular flow of traffic;
(iii) adversely affect the Oro-Medonte Community;
(iv) present an elevated risk to the health and safety of participants
or general public;
2.4 Determination of eligibility for an exemption under Sections 2.2 and 2.3
shall be made in the Director's sole and absolute discretion and which
decision shall be final.
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Notification Requirement
2.5 Notification to host a Special Event is to be submitted to the Director a
minimum of 120 days prior to the event on the prescribed form. Flexibility
will be given in circumstances where notice could not have been
reasonably provided within this timeframe.
Application — Minimum Requirements
2.6 Every application for a Permit shall include an operations plan a minimum
of sixty (60) days prior to the Special Event (flexibility will be given in
circumstances where notice could not have been reasonably provided
within this timeframe), consisting of:
(a) a Site Plan showing.
(i) the boundaries of the property on which the Special Event
will be held;
(ii) the location of all existing and proposed buildings or
structures to be used in connection with the Special Event
and any residential buildings on adjacent properties;
(iii) all areas to be designated for food and beverage sales or
consumption;
(iv) all areas to be designated for vehicle parking and camping
and;
(v) all proposed access locations around the property's
perimeter;
(b) details of the Special Event including (where applicable):
(i) food and beverage plan— including plans for alcohol service
and provision of potable water;
(ii) advertising and promotion plan — for events on Township
property;
(iii) structural plan — Structures, temporary structures, stages,
lighting and tents larger than 601V12 ;
(iv) fire safety plan (including pyrotechnic/fireworks);
(v) emergency plan;
(vi) security plan;
(vii) traffic management plan;
(viii) waste management plan including provision of lavatory
facilities;
(ix) community impact / communication plan;
(x) the proposed use of:
a. generators, propane appliance and any other specialized
equipment to be used during the special event, include
the type of fuel used to operate the equipment;
b. use of exotic pets/animals;
c. sound equipment;
d. vehicles that exceed the load or dimension limits set out
in Parts VII and VI I I of the Highway Traffic Act,
helicopters, hot air balloons, aircraft, trains, or watercraft;
e. use of drones for photography or other purposes where
federal regulations and permits are required;
f. amusement devices; and
g. signs for marketing, promotion and communication of
proposed closures and detours.
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(c) where the Applicant is not the owner of the property on which the
Special Event is to be held, written proof that the owner consents to
the Special Event;
(d) satisfactory proof that the Applicant is at least 18 years of age or, if
the Applicant is a corporation, copies of the letters of incorporation or
other incorporating documents that have been duly certified by the
proper authorities and that show the full corporate name, officers,
and directors of the Applicant;
(e) any information or documentation that the Director deems necessary.
2.7 It is the Applicant's sole responsibility to obtain and pay for all of the
information and documentation required under Section 2.6.
Review and Approval
2.8 The Director is authorized to receive and consider all applications, and to
conduct all investigations necessary to determine whether a Permit should
be issued.
2.9 The Director may issue or refuse to issue any Permit, and may include
any conditions he/she deems proper and appropriate in the
circumstances.
2.10 a) Prior to making a decision on any application, the Director shall consult
with Municipal Departments, other agencies, the general community, other
persons that he/she considers necessary.
b) If in the opinion of the Director, the application and proposed event
presents significant impacts to the community a report will be forwarded to
Council for their consideration as the approval body.
c) Council may, at its discretion and by resolution, act as the approval
body for specific special events.
2.11 A Permit may be issued upon receipt and review of a complete application
for a Permit if, in the opinion of the Director, through consultation as
deemed appropriate the following conditions have been met:
(a) the Applicant has ensured and demonstrated that prior to the Special
Event, all permits, licenses, approvals or other authorizations
required under municipal By-laws in relation to the Special Event will
be obtained including (if applicable) those relating to zoning, noise,
refreshment stands, hawker/peddlers, signs, fireworks and building
permits.
(b) prior to the approval of the proposed Special Event, the Applicant
shall provide (if required by the Director) written confirmation that:
(i) the Emergency Plan is satisfactory to Fire Chief and the
Detachment Commander, Ontario Provincial Police, and the
County of Simcoe Paramedic Services;
(ii) the security plan is satisfactory to Detachment Commander of
the Ontario Provincial Police;
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(iii) the fire safety plan is satisfactory to Fire Chief;
(iv) the traffic management plan is satisfactory to the Director,
Transportation and Environmental Services, County of Simcoe
and/or Ministry of Transportation and the Detachment
Commander, Ontario Provincial Police;
(v) the waste management plan is satisfactory to the Simcoe
Muskoka District Health Unit;
(vi) all requirements of the Health Protection and Promotion Act,
R.S.O 1990, c. H.7, have been met to the satisfaction of the
Simcoe Muskoka District Health Unit;
(vii) appropriate arrangements for the provisions of medical
services and/or medical transport and/or the provision of first
aid service by non -paramedic staff have been made to the
satisfaction of Simcoe County Paramedic Services;
(viii) the Township, County of Simcoe and Ontario Ministry of
Transportation has issued any sign or road occupancy permits
to highways under its jurisdiction;
(ix) the Alcohol and Gaming Commission of Ontario has issued all
required licenses and permits in relation to the serving or sale
of alcohol;
(x) the Township's Chief Building Official or a designate has
issued all permits required under the Building Code Act, 1992,
S.O. 1992, c. 23;
(xi) the Director has received all of the insurance and security
deposit as required under Section 3;
(xiii) the Technical Standards and Safety Association has issued all
required licenses and permits for amusement devices or
pressure vessels.
(c) In addition to the requirements Section 2.11 (b) the Applicant shall
ensure that all required licenses and permits for fuels or other
matters regulated under the Technical Standards and Safety Act,
2000, S.O. 2000, c. 16, and the Electrical Safety Authority has issued
all approvals required under the Ontario Electrical Safety Code, O.
Reg. 164/99, relating to any electrical work.
Conditions
2.12 In addition to any other conditions the Director may deem appropriate,
every Permit shall be subject to the following conditions:
(a) the Permit Holder shall comply with all of the applicable laws;
(b) the Permit Holder shall comply will approved emergency, fire safety,
security, and traffic management plans as well as other aspects of
the operations plan;
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(c) the Permit Holder agrees to:
(i) save, defend and keep completely harmless and fully
indemnify the Township and each of its elected officials,
officers, employees, volunteers, sponsors and agents of, from
and against all manner of actions, suits, claims, executions
and demands which may be brought against or made upon
the Township, its elected officials, officers, employees,
volunteers and agents or any of them and of, from and
against all loss, costs, charges, damages, liens and expenses
which may be sustained, incurred or paid by the Township, its
elected officials, officers, employees, volunteers and agents,
or any of them, by reason of, or on account of, or in
consequence of the use of the site by the Permit Holder and
its invitees, guests or users for the event;
(ii) pay to the Township and to each such elected official, officer,
employee, volunteer or agent on demand any loss, costs,
damages and expenses which may be sustained, incurred or
paid by the Township or by any of its elected officials,
officers, employees, volunteers, sponsors and agents in
consequence of any such action, suit, claim, lien, execution
or demand and any monies paid or payable by the Township
or any of its elected officials, officers, employees, volunteers
or agents in settlement of or in discharge or on account
thereof;
(iii) release the Township and each of its elected officials,
officers, employees, volunteers, sponsors and agents of, from
and against all manner of actions, suits, claims, executions
and demands which could be brought against or made upon
the Township, its elected officials, officers, employees,
volunteers and agents or any of them and of, from and
against all loss, costs, charges, damages, liens and expenses
which may be sustained, incurred or paid by the Permit
Holder by reason of, or on account of, or in consequence of
the use of the site by the Permit Holder and its invitees,
guests or users for the Event, provided, however, that such
release shall not apply to any loss, costs, charges, damages,
liens and expenses incurred by the Permit Holder arising
directly from the gross negligence and/or willful misconduct of
the Township, its officers, employees, agents, volunteers, or
agents;
(d) should there be a perceived emergency during the course of any
events, the Fire Chief of the Township and/or the Incident
Commander, Ontario Provincial Police shall have the absolute and
unfettered authority to shut down an event at their sole discretion,
following discussions with other agency officials;
(e) the Permit Holder shall maintain the Special Event site in a clean and
sanitary condition for the duration of the Special Event;
(f) the Permit Holder shall comply with 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;
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(g) the Permit Holder shall remove all debris from the Special Event site
and, where required adjacent properties within 72 hours of the
conclusion of the Special Event;
(h) the Permit Holder shall not use the Township's corporate logo or
crest in any marketing material advertising the Special Event without
the prior approval of the Township pursuant to Township policy.
Noise
2.13 In the case of a Special Event, the maximum level of audible sound
measured at Points of Reception (at least 4) will be determined in
consultation with the Chief Municipal Law Enforcement Officer or
designate. The maximum level of permissible audible sound as
determined by the Chief Municipal Law Enforcement Officer shall be
included as part of the operations plan.
2.13.1 No person shall exceed the maximum level of audible sound at any Points
of Reception, as included in the operations plan, at any time during the
Special Event,
Refusal
2.14 Without limiting the generality of section 2.9, the Director may refuse to
issue a Permit if:
(a) the Applicant has not provided information or documentation under
Section 2.6 or within a timeframe to realistically plan and coordinate
the Special Event;
(b) the Applicant has not satisfied the requirements of Section 2.11 or
2.12.
(c) the Applicant has knowingly submitted false, mistaken, incorrect, or
misleading information in support of the application;
(d) there is reason to believe that the carrying on the Special Event may
result in a breach of any applicable law;
(e) there are property taxes owing to the Township for the property on
which the Special Event is to be held; or
Revocation
2.15 The Director may revoke a Permit at any time without prior notice to the
Permit Holder if,
(a) it was issued in error;
(b) it was issued as a result of false, mistaken, incorrect or misleading
information that was knowingly submitted by the Applicant;
(c) the Permit Holder is not in compliance with any license, permit,
approval, or authorization required under Sections 2.11 or 2.12; or
(d) the Permit Holder is not in compliance with any Permit condition.
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2.16 The Director shall immediately inform the Permit Holder of a revocation
and the reasons for it by means of contacting the Permit Holder at the
contact information provided in the application as well as informing all
affected agencies.
General
2.17 Every Permit shall specify the name of the Permit Holder, and the nature,
location, date(s) and time(s) of the Special Event.
2.18 The issuance of a Permit does not represent a commitment by the
Township or the Director to issue a Permit for any subsequent, continuing
or similar event.
2.19 Permits are not transferrable.
2.20 No amendment shall be made to a Permit without prior authorization by
the Director.
2.21 The Director shall notify Council of all Permits prior to the date of the
Special Event.
3.0 FINANCIAL
Insurance
3.1 Every Applicant shall provide proof of commercial general liability
insurance for itself, its affiliates and any and all subsidiaries, acceptable to
the Director and the Director, Finance and subject to limits of not less than
Two Million Dollars inclusive per occurrence for bodily injury, death and
damage to property including loss of use thereof, for the duration of the
Special Event. Such insurance shall name The Corporation of the
Township of Oro-Medonte as an additional insured with a cross liability
endorsement and severability of interests' provision.
3.2 If deemed necessary by the Director, the Applicant shall provide liability
insurance in respect of licensed, owned or leased motor vehicles subject
to a limit of not less than Two Million Dollars inclusive per occurrence for
bodily injury, death and damage to property including loss of use thereof.
3.3 If deemed necessary by the Director, the insurance shall include additional
coverage as deemed to be appropriate.
3.4 All insurance shall be in the name of the Permit Holder and shall name the
Township as an additional insured. This insurance shall be non-
contributing with, and apply as primary and not as excess of, any
insurance available to the Township.
3.5 All insurance shall contain the endorsement to provide the Township with
thirty (30) days prior written notice of any cancellation or change.
3.6 The Director may vary at his/her sole discretion the monetary limits to a
maximum of $10,000,000 coverage as set out in Section 3. 1 or 3. 2 to
mitigate risks to the Township and the community.
Security Deposit
3.7 Where deemed appropriate by the Director, 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
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highways) or equipment for possible damage to private properties
potentially impacted by the event, and for all of the Permit Holder's
obligations under this By-law and Permit.
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, the Director or the Township's Chief
Administrative Officer.
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.
Offences and Penalties
4.3 Every person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided for in Municipal
Act, 2001, S.O. 2001 c. 25 and/or the Provincial Offences Act, R.S.O.
1990, c. P.33.
4.4 When a person has been convicted of an offence under this By-law, the
Ontario Court of Justice or any court of competent jurisdiction thereafter
may, in addition to any other penalty imposed, make an order prohibiting
the continuation or repetition of the offence by the person convicted.
PART 5 - GENERAL
Severability
5.1 If a court of competent jurisdiction declares to be invalid, unenforceable,
illegal or beyond the powers of Council to enact, any provisions or parts of
any provisions of this By-law, it is the intention of Council in enacting this
By-law that the remainder of this By-law shall be deemed to be separate
and independent therefrom and that the remainder of this By-law shall
continue in force and be applied and enforced in accordance with its terms
to the fullest extent possible according to law.
Legislation
5.2 Any reference to a statute, regulation or other legislation in this By-law
shall include such statute, regulation or other legislation or provision
thereof as amended, revised, re-enacted and/or consolidated from time to
time and any successor legislation thereto.
Numbers and genders
5.3 The terms in this By-law shall be construed with all changes in number
and gender as may be required by the context.
By-law Prevails if Conflict
5.4 In the event of any conflict between any provisions of this By-law and any
other by-law enacted by the Town, the provisions of this By-law shall
prevail.
Short Title
5.5 The short title of this by-law shall be the "Special Events By-law".
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Repeal
5.6 By-law No. 2015-005 is hereby repealed in its entirety.
Effective Date
5.7 This By-law shall be come in force and effect on the date that it is passed.
By-law read a First, Second and Third time, and Passed this 25th day of
June, 2015.
The Corporation of the Township of Oro-Medonte
Mayor, H.S. HAhes
ClerK J. Dokfala►s Irwin
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