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2019-101 By-Law to License and Regulate Towing Companies, Tow Truck Owners and Tow Truk Drivers and to Repeal By-Law no. 2019-032The Corporation of the Township of Oro-Medonte By -Law No. 2019-101 Being a By -Law to License and Regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers and to Repeal By-law No. 2019-032 ("Towing By -Law") 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; And Whereas Part IV of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides for Licenses; And Whereas Section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may provide for a system of Licenses with respect to a Business; And Whereas Section 155 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 License and regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers wishing to operate within the Township of Oro-Medonte. Now Therefore, the Council of The Corporation of the Township of Oro-Medonte enacts as follows: 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 A, B, C and D attached hereto and forming part of this By -Law. 2. That this By -Law may be cited as the "Towing By -Law" 3. That By-law No 2019-032 be repealed in its entirety. 4. This By -Law shall take effect on the final passing thereof. By-law read a First, Second and Third time, and Passed This 23R1 day of October 2019. The Corporation of the Township of Oro-Medonte ayor, H.S. Hu es �aA49 Dep y Clerk Janette Teeter Table of Contents Section Topic Page Page 2 of 27 Table of Contents 2 1.0 Definitions 3 2.0 Licensing Officer 5 3.0 General Regulations 6 4.0 Licence 4 5.0 Exemptions 7 6.0 Terms of Licence 7 7.0 Issuance of Licence 7 8.0 Renewal of Licence 7 9.0 Licence Registry/ Rotational Call List 8 10.0 Application to Licensing Officer 8 11.0 Owner Licensing 9 12.0 Vehicle Storage Yard 10 13.0 Owner Duties 10 14.0 Schedule of Rates 11 15.0 Owner Prohibition 12 16.0 Owner and Driver Duties 12 17.0 Owner and Driver Prohibitions 13 18.0 Driver Duties 15 19.0 Driver Prohibitions 15 20.0 Heavy Towing 16 21.0 Lessee of Vehicle 17 22.0 Right of Inspection of Licensed Premise/Vehicle 17 23.0 Vehicle Inspection 18 24.0 Changes in Information 18 25.0 Licensing Officer Powers 18 26.0 Hearing before Appeal Committee 20 27.0 Appeal Committee Decision 20 28.0 Return of Licence after Revocation/Suspension 21 29.0 Licence Production 21 30.0 Representation 21 31.0 Notice 21 32.0 Offences 21 33.0 Severability 22 Schedule "A" Licensing Fees 23 Schedule 'B" Tariff of Rates 24 Schedule "C" Criminal Code Convictions 25 Schedule "D" Destination Permission Form 27 Page 2 of 27 Appendix "A" To By-law No. 2019-101 1.0 Definitions For the purpose of this By-law, the following definitions shall apply: "Applicant" means a person or corporation having made an application pursuant to this By-law but has yet to be issued a license pursuant to this By-law; "Appeal Tribunal" means the all -citizen Tribunal duly appointed by Council to Conduct hearings under this By-law; "Business" means any business wholly or partly carried on within the Township even if the business is being carried on from a location outside the Township and includes the sale or hire of goods or services on an intermittent or on-time basis, and any activity or thing a local municipality may license under the Municipal Act, 2001, S.O. 2001, c.25, as amended; "By-law" means any By-law enacted by the Council of the Corporation of the Township of Oro-Medonte; "Clerk" means the Clerk of the Township and/or their designate; "Collision" means the unintended contact resulting from the motion of a Motor Vehicle and/or its load, whether by itself or with another vehicle or object, and in all such cases the vehicle has incurred damages or appears to have incurred damages. "Collision Scene" means the general location or place where a Collision occurred and includes a two hundred (200) meter radius. "Collision Towing" means the towing of a disabled vehicle as a result of a collision; "Council" means the Council for the Corporation of the Township of Oro- Medonte; "Destination Permission Form" means a form prescribed by the Licensing Officer in Schedule "D" of this By-law; "Detachment Commander" means the Staff Sargent Detachment Commander for the Ontario Provincial, Barrie Detachment and/or their designate; "Driver" means any person who drives or operates a tow truck; "Gross Vehicle Weight Rating (GVWR)" means the maximum total Vehicle rated capacity, measured at the tire ground interface, as rated by the chassis manufacture; "Hirer" means the registered Owner of a vehicle, to be towed or being towed, his/her agent or any Person lawfully in possession of the vehicle to be towed or being towed; "Licence" means the certificate issued under this by-law as proof of licensing under this by-law; Page 3 of 27 "Licensee" means a Person or company who has been issued, and holds a valid current Licence pursuant to this By-law "Licensing Officer" means the Chief Municipal Law Enforcement Officer and/or their designate; "Motor Vehicle" includes an automobile, truck, trailer, motorcycle and any other Vehicle propelled or driven otherwise than by muscular power, but does not include a motorized snow vehicle or motor -assisted Vehicle." "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 government authority; "Municipal Law Enforcement Officer" means a Person appointed by the Council for the purposes of carrying out enforcement of Municipal By-laws; "Nuisance" means: i) the obstruction or interference with persons involved in a Motor Vehicle Collision ii) the obstruction or interference with emergency service personal responding to a Motor Vehicle Collision, which personal would include, but not limited to Officers, members of the fire department and members of the ambulance services, and iii) the obstruction or interference with other Tow Truck Drivers or Owners and pedestrians or vehicular traffic; "Officer" means a Police Officer, Peace Officer, Ministry of Transportation Officer or any other individual authorized to enforce the provisions of this By-law; "Operate" means to conduct or carry on; "Owner" means the registered Owner(s) of the land, Premises or business and/or vehicle/equipment, or the Person or their authorized in lawful control of lands, Premises or business and/or vehicle/equipment. "Person" means a firm or Corporation to whom the context can apply; "Police" means the Ontario Provincial Police; "Premises" means land, including any and all building or other structures thereon and includes, any vehicle or conveyance used in the operation of the towing company; "Rotational Call List" means a list of all licensed companies pursuant to this By-law; "Township" means The Corporation of The Township of Oro-Medonte; "Tow Bar" means a device for positioning a Towed Vehicle behind a towing vehicle; "Tow Sling" means a device used for lifting and towing Vehicles with a partial load supported on rubber belts; Page 4 of 27 "Tow Truck" means a vehicle used for collision towing or towing for the Vehicle Impoundment Program. "Underlift" means a device used for towing Vehicles by lifting one end of the Towed Vehicle from under the axle or structural member of the Towed Vehicle; "Vehicle Impoundment Program" means a road safety program that requires police to immediately impound a vehicle being operated in contravention of the vehicle Impoundment Program; "Wheel Lift" means a device used for towing Vehicles by lifting one end of the Towed Vehicle by the wheels; "Work Order" means form, order, invoice written authorization or any other document that when signed by a Hirer provides authorization to any Person, Motor Vehicle Storage Yard, Licensed Automobile Service Station, or any other business or Person, to carry out any work to the Hirer's Vehicle, which includes any repair or maintenance to the Vehicle; "Wrecker Body" means a manufacturer's box designed to be attached to the frame of a cab and chassis and used with an Underlift, Tow Bar or Tow Sling or Wheel lift or Flatbed carrier or other similar device and which is equipped with a winching and hoisting mechanism and maintained in a manner to ensure the safe lifting and conveying of a Vehicle to be towed; 2.0 Licensing Officer 2.1 The Licensing Officer shall: 2.1.1 receive, establish the material to be filed in support of an application for, and process all applications for Licences and for the renewal of Licences to be issued under this By-law; 2.1.2 issue Licences to and renew Licences for Persons who meet the requirements of this By-law; 2.1.3 impose terms and conditions on a Licence where the Licensing Officer is of the opinion that a term or condition of a Licence should be imposed; 2.1.4 refuse to issue, renew a Licence or revoke or suspend a Licence, where the Licensing Officer is of the opinion that the Applicant is ineligible to receive a Licence under Section 25.7 of this By-law; 2.1.5 enforce the provisions of this by-law; 2.1.6 generally perform all the administrative functions conferred upon it by this By-law. 2.1.7 issue a conditional Licence for term of not more than six (6) months, to be reviewed with the possibility of renewal, when an Applicant has met all the requirements of Section 4.0 of this By-law and is awaiting decisions from the Parole Board of Canada for a record suspension in accordance with Section 4.4.5 of this By-law. 2.2 When a Tow Company or Tow Truck Licence is defaced, destroyed or lost, the Owner shall apply to the Licensing Officer for a replacement and on payment as per Schedule "A" of this By-law the Licensing Officer shall issue a replacement Tow Company or Tow Truck sticker as required. Page 5 of 27 3.0 General Regulations 3.1 No Person shall act as or be the Owner of a Tow Truck in the Township unless he/she is licensed as an Owner under this By-law. 3.2 No Person shall Operate or permit the operation of a Tow Truck in the Township without first obtaining a license for such Tow Truck under this By-law. 3.3 No Person shall drive, or act as the Driver of a Tow Truck in the Township unless he/she is licensed as a Driver under this By-law. 3.4 Unless provided otherwise in this By-law a Person who is the Owner of more than one Vehicle shall take out a separate Licence for each Vehicle owned by him/her which is to be used in the Township. 3.5 No Person shall publish or cause to be published any representation that he/she is licensed under this by-law if he/she is not. 4.0 License 4.1 No Person shall be licensed under this by-law unless he/she: 4.1.1 has at least five years driving experience after completing the requirements of a full Ontario "G" driver's licence; 4.1.2 is 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; and 4.1.3 has working knowledge of English. 4.2 Any Driver who does not meet the requirements as stated in section 4.1 of this By- law on or before the date of the By-laws final passing shall be grandfathered, provided that they maintain a clear driver abstract until they have fulfilled the requirements of section 4.1. 4.3 No Person shall be Licensed under this By-law as a Driver unless: 4.3.1 has a current valid Class A, B, C, D, E, F or G drivers licence issued by the Province of Ontario; 4.3.2 a criminal record search issued within the past sixty (60) days from a police agency service in Ontario, which contains no convictions for five (5) years prior to the date of which the License is approved and issued by the Licensing Officer. 4.3.3 a Vulnerable Sector Check obtained from the local Police Detachment that provides enforcement services for the Township of Oro-Medonte dated within sixty (60) days of the date which the License is approved and issued by the Licensing Officer. 4.3.4 a driver's abstract issued within the past sixty (60) days which contains not more than six (6) demerit points or any one Ontario Highway Traffic Act conviction with a value of four (4) or more demerit points or similar convictions from outside of the Province of Ontario. 4.3.5 he/she produces documentation proving a current application to the Parole Board of Canada for a record suspension in accordance with the Criminal Records Act, is actively being pursued. 4.3.6 he/she has his/her photograph taken for the purpose of this By-law. Page 6 of 27 5.0 Exemptions 5.1 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. 5.2 An unlicensed Tow Truck Driver is exempt from the Licensing requirements of this By-law if such Tow Truck Driver is based outside the licensing boundary of the Township and they are actively engaged in towing a vehicle were such tow has originated from outside the geographical boundaries of the Township. 5.3 In the event that a situation develops that requires specialized towing equipment that is not available through the Licensed Towing Company that has been dispatched, then the closest available Licensed Towing Company with the required specialized equipment may be called. If no Licensed Towing Company has the required specialized towing equipment, then the Towing Company that has been dispatched, may call for the required specialized equipment from an unlicensed Towing Company, and the unlicensed Towing Company's employees shall be exempt from the requirements of this By -Law for the duration of the call for service, and the Licensed Towing Company that has been dispatched must immediately advise a Municipal Law Enforcement Officer. 6.0 Terms of Licence 6.1 Any Licence issued under this By-law shall be valid for a period of December 1st to November 30th the following year. 6.2 The fee for each Licence is set out in Schedule "A" of this By-law. The fee for each Licence shall not be pro -rated. 7.0 Issuance of Licence 7.1 Where an application for a Company Licence is made in accordance with the provisions of this By-law, the Licensing Officer shall issue an applicable Licence. 7.2 Where an application for a Truck Licence is made in accordance with the provisions of this By-law, the Licensing Officer shall issue and applicable Licence. 7.3 Where an application for a Driver's Licence is made in accordance with the provisions of this By-law, the Licensing Officer shall issue a Licence. 7.4 Contrary to section 7.1 of this By-law, no new applications for Towing Companies shall be approved by the Licensing Officer. 8.0 Renewal of Licence 8.1 Every application for a Tow Company, Tow Truck or a Tow Driver License must be received by the Licensing Officer prior to the expiry term of the Licence. 8.2 Where a Tow Company License is renewable, the Licensing Officer shall issue an up to date Licence sticker which shall set out the expiry date of the Licence. 8.3 Where a Tow Truck License is renewable, the Licensing Officer shall issue an up to date Licence sticker which shall set out the expiry date of the Licence. 8.4 Where a Tow Driver License is renewable, the Licensing Officer shall issue an up to date Tow Driver Licence which shall set out the expiry date of the Licence. Page 7 of 27 8.5 No License shall be renewed more than sixty (60) days after the date upon which it expires. Where the Company fails to renew they shall lose their spot on the rotational call list. 9.0 License Registry/Rotational Call List 9.1 The Licensing Officer shall maintain a License Registry. The License Registry shall contain the following information: • Tow Company Name • Tow Company License Number • Tow Company Telephone Number • Tow Company Motor Vehicle Storage Yard Location • Tow Truck Identification, including whether the Truck is a Flatbed • Tow Truck License Number • Tow Truck Drivers who have been licensed • Any other information which may be useful or necessary. 9.2 A copy of the most current License Registry shall be provided to the Ontario Provincial Police Barrie Detachment upon request. 9.3 Upon every update of the Rotational Call List, the Township shall provide an updated Rotational Call List to the Dispatch Service and the Detachment Commander. 9.4 On a quarterly basis, the Township shall invoice all Licensed Tow Companies who have been on the Rotational Call List, for at least two (2) weeks during the time period being invoiced, for all costs incurred by the Township for providing the Dispatch Service. The total costs incurred by the Township shall be equally invoiced to the Tow Companies, and copies of the invoices from the Dispatch Service shall be included with the Township's invoices to each Towing Company. 10.0 Application to Licensing Officer 10.1 Every Person applying to obtain a License under this By-law shall file with the Licensing Officer a duly completed application form provided by the Licensing Officer, in which the Applicant shall provide all information sought in such application form. 10.2 The Applicant shall, at the time of the filing of the application form required under Section 7.1 of this By-law, deliver to the Licensing Officer the following: 10.2.1 payment in the amount described in Schedule "A" of this By-law; 10.2.2 if the Applicant is a Corporation, a copy of the incorporating document and a copy of the last annual information return which has been filed with the appropriate government department; and, 10.2.3 if the Applicant is a registered partnership, a copy of the registered declaration of partnership. 10.3 Every application/renewal form shall include a requirement that the Applicant provide at least the following information: 10.3.1 the name and address of the Applicant Page 8 of 27 10.3.2 the address of the Applicant to which the Township or the Licensing Officer may send or deliver any notice or other document required or authorized by this by-law; 10.3.3 any trade or Business description to be used in relation to the Business; 10.3.4 the address and telephone number used in connection with such Business; 10.3.5 a Criminal Record Check obtained from a Police enforcement agency, dated within sixty (60) days of the date which the License is approved and issued by the Licensing Officer. 10.3.6 a Vulnerable Sector Check obtained from the local Police Detachment that provides enforcement services for the Township of Oro-Medonte dated within sixty (60) days of the date which the License is approved and issued by the Licensing Officer. 10.3.7 a Driver's History from the Ministry of Transportation at the Applicant's expense. 10.4 In addition to the provisions of Section 7.1 of this By-law, an Applicant submitting an application for the renewal of a license may be required to submit the previous year's license(s), plate(s) and/or Identification cards to the Licensing Officer. 10.5 If the Applicant is not an individual, the application form shall be completed and updated from time to time as this By-law requires, by an individual duly authorized by the Applicant to execute such form on behalf of the Applicant and binding upon it, and the individual completing such form shall sign the form, certifying the truth and completeness of the information provided therein. 11.0 No Person shall be licensed as an Owner unless: 11.1 he/she produces for each Tow Truck to be used, a current valid Motor Vehicle Permit issued by the Ministry of Transportation, issued in the Applicant's name; or if the Tow Truck is a leased Vehicle, provide a copy of the lease agreement for the Tow Truck; 11.2 he/she produces and files with the Licensing Officer either: 11.2.1 an Ontario Ministry Transportation Vehicle Inspection report showing that the Tow Truck has been accepted within the previous sixty (60) days of this submission; or 11.2.2 a Safety Standard Certificate issued underthe Highway Traffic Act within sixty (60) days of this submission. 11.3 he/she produces and files with the Licensing Officer a copy of the certificate of insurance for the Tow Truck for which he/she is the Owner endorsed to provide that the Licensing Officer 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 in at least the following amounts: 11.3.1 in respect any one claim the amount of at least five million ($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; Page 9 of 27 11.3.2 in respect of any one claim in the amount of at least five million ($5,000,000) against liability for damage to a customer's Motor Vehicle while in his/her care, custody or control and caused by a Collision, upset, fire, lightning, theft or attempt thereat, malicious mischief, windstorm, hail, explosion, riot, civil commotion or rising water; and 11.3.3 in respect of any one claim cargo liability insurance in the at least fifty thousand ($50,000) to indemnify the Applicant against loss by reason of his/her legal liability indirect physical loss or damage to Vehicles and other items of property accepted by the Applicant for towing or conveyance. 11.4 he/she states in writing whether he/she 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, provide and filed with Licensing Officer full information as to the location and the type of facilities in which he/she has an interest and the nature and extent of the interest. 12.0 Vehicle Storage Yard 12.1 Prior to the issuance of a license under this By-law proof of ownership or lease of a Vehicle Storage Yard within the Township boundaries is required. 12.2 The Vehicle Storage Yard must comply with the following requirements: 12.2.1 the Township Zoning By-law, as amended; 12.2.2 fully fenced, minimum fence height of 1.5 metres or a secured area inside a building; 12.2.3 fence and gates shall be constructed to restrict access; 12.2.4 gates shall be closed and locked at all times; 12.2.5 fence shall be free from any defect that would permit access; 12.2.6 overhead lighting which shall remain on during the dark hours and shall be consistent throughout the yard; 12.2.7 be accessible by the Tow Company and Tow Truck Driver 24 hours a day, 7 days a week, with restricted access for pedestrians; 12.2.8 be separate from any other residential or commercial operation on the property; 12.2.9 have a sign clearly visible from the road with the company name and phone number displayed. 13.0 Owner Duties 13.1 Every Owner shall: 13.1.1 charge a flat rate for Collision Towing and Vehicle Impoundment as set out in Schedule 'B" of this By-law. Page 10 of 27 13.1.2 file with the Licensing Officer a schedule of rates to be charged to Hirers for the Towing or other conveyance of Vehicles and for other services offered or to be performed by him/her or his/her Driver for Towing services other than Collision Towing; 13.1.3 charge the rates, as set out in the schedule of rates filed with the Licensing Officer for towing and services other than Collision Towing; 13.1.4 keep in the Tow Truck and show to the Hirer a copy of the tariff card showing Schedule 'B" flat rate, the applicable schedule of rates filed with the Licensing Officer in accordance with Section 13.1.2 of this By-law, and also showing, if applicable that the Hirer may be charged additional fees for storage by the Tow Company or for towing the Hirers Vehicle to a location outside the boundaries of the Township; 13.1.5 use only stationary, 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: his/her name, address, phone number and the name of the Tow Company (as approved by the Licensing Officer) offering the services of said Tow Truck. 13.1.6 retain for a period of sixty (60) days copies of all advertising matter used by him/her and shall produce the same to the Licensing Officer if and when requested; 13.1.7 have attached to or painted on both sides of the body of the Tow Truck in a location close to the middle of the body panels or as near as possible and as approved by the Licensing Officer, the name and telephone number of the Business as shown on the Tow Company Application. The letters and figures for the name and telephone number shall be: 13.1.7.1 of solid contrasting colour to the colour of the Tow Truck; 13.1.7.2 of material which will be visible in low light conditions from a distance of 15 metres (approximately 50 feet); and 13.1.7.3 a minimum of eight (8) centimetres (approximately three inches) in height and a minimum of two centimetres (approximately .78 inches) in thickness. 13.1.8 only use the service of a Tow Truck Driver who is licensed as a Driver under this By-law; 13.1.9 have affixed to the Tow Truck rear window, the approved Tow Truck Licence. Such Licence shall be visible and free from any obstruction from the rear side of the Tow Truck; 13.1.10 give written notice of the sale or other disposition of a Tow Truck to the Licensing Officer within seven (7) days of any sale or disposition; and 13.1.11 accept more than 35% of dispatched calls through the Rotational Call List in a licensing year. 13.1.12 ensure that all calls accepted through the Rotational Call List are responded to in a timely manner by a licensed Tow Truck and Driver from the Licensed Company that accepted the call. Page 11 of 27 14.0 Schedule of Rates 14.1 The schedule of rates filed with the Licensing Officer for all types of towing, except for those set out in Schedule "B" of this By-law. 14.2 Notwithstanding the provisions of any other section of this By-law, where an estimate is given to the Hirer of the cost of services or equipment to be provided by a Tow Company or Driver, the charge to the Hirer shall not exceed the charges indicated in the schedule of rates filed with the Licensing Officer under this By-law or the amount of the estimate, whichever is lower. 15.0 Owner Prohibition 15.1 No Owner shall: 15.1.1 permit any Tow Truck License issued under this By-law to be affixed to any Tow Truck, other than the Tow Truck for which the License was issued under this By-law; 15.1.2 alter or amend or permit the alteration of rates filed with the Licensing Officer under Section 13.1.2 of this By-law without first giving at least 30 days' written notice to the Licensing Officer. 16.0 Owner and Driver Duties 16.1 Every Owner and Driver shall: 16.1.1 take due care of all Vehicles and property delivered or entrusted to him/her for towing; 16.1.2 comply with all reasonable instructions from the Hirer; 16.1.3 be civil and behave courteously; 16.1.4 keep a permanent daily record of work performed by the Tow Truck owned or Operated by him/her or his/her behalf either in a continuous log sheet or by consecutively numbered bills or invoices showing; 16.1.4.1 the name and address of every Hirer; 16.1.4.2 a description of the Vehicle towed or conveyed including the Provincial Motor Vehicle Permit number of any such Vehicle; 16.1.4.3 the rate charged, and, 16.1.4.4 the total fee collected. 16.1.5 keep every Tow Truck and its equipment clean, in good repair, free from exterior body damage with a well maintained exterior paint finish; 16.1.6 before demanding a 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 Schedule "B" of this By-law; 16.1.7 convey the Vehicle to the Tow Companies approved Motor Vehicle Storage Yard facility as per the By-law or convey the vehicle to a destination other than the approved Motor Vehicle Storage Yard at the request of the Hirer; Page 12 of 27 16.1.7.1 in conjunction with section 16.1.7, if the Hirer or an Officer request that the vehicle be conveyed to a location other than the Tow Companies approved Motor Vehicle Storage Yard, a Destination Permission Form as set out in Schedule "D" of this By-law must be completed and signed by the Hirer or an Officer and the Tow Truck Driver; 16.1.8 accept a minimum of at least two (2) methods of payment for any services provided under this By-law and may include credit card, debit, cash or any other prescribed method of payment; and shall include one (1) electronic method of payment and; 16.1.9 provide the Hirer with access to the Vehicle that is the subject of the tow services, in order to permit the removal of all property contained in the Vehicle, including valuables, documents and records, unless otherwise directed by a member of a police force. 17.0 Owner and Driver Prohibitions 17.1 No Owner or Driver shall Operate or Permit to be Operated a Tow Truck which lacks any of the following equipment which is in a good state of repair: 17.1.1 a winching or hoisting device of sufficient capacity to safely lift the Vehicle to be towed; 17.1.2 Wheel lift or an Underlift equipped and maintained in a manner to ensure the safe lifting and conveying of a Vehicle to be towed; 17.1.3 an intermittent amber warning light system consisting of at least one (1) light which would be clearly visible in all directions for a distance of least one hundred (100) metres (approximately 328 feet). one device for securing the steering wheel of a vehicle; 17.1.4 a minimum of two tow safety chains having a minimum length of 2.74 metres (approximately 9 feet) each with links of at least 7.9375 millimetres steel (5/16 inches); 17.1.5 and shall include the following equipment and or tools to be present at all times; 17.1.5.1 one dry chemical fire extinguishers having an effective total rating equivalent to at least 4-B C, and at least each weighing 2.27 kg (approximately 5 lbs); 17.1.5.2 four (4) safety pylons; 17.1.5.3 a broom; 17.1.5.4 a shovel; 17.1.5.5 a general purpose first aid kit; 17.1.5.6 a crowbar/prybar; 17.1.5.7 at least two wheel blocks; 17.1.5.8 flares or reflective kits; Page 13 of 27 17.1.5.9 wheel wrenches; 17.1.5.10 light bar for a rear extension carrier; 17.1.5.11 a dolly 17.1.5.12 and any other provisions as may be required under the Highway Traffic Act 17.2 No Owner or Driver shall: 17.2.1 interfere with any contract for hiring of a Tow Truck where a Person has hired or has indicated his/her intention to hire a Tow Truck; 17.2.2 induce any Person to employ or hire a Tow Truck by making any false representation to any Person such as the location of or distance to any place or any other matter; 17.2.3 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; 17.2.4 demand or request payment for his/her services other than in accordance with the applicable schedule of rates filed with the Licensing Officer, or as set out in Schedule "B" of this By-law; 17.2.5 demand, request or receive a drop fee; 17.2.6 charge a Hirer for time lost through defects or inefficiency of the Tow Truck, or the incompetence of the Tow Truck Owner or Driver; 17.2.7 suggest or recommend to any Hirer that any Motor Vehicle in respect of which his/her services are to be given or requested, be towed, conveyed, driven or delivered to any particular salvage yard, body shop, storage yard, Motor Vehicle Storage Yard, or any other public garage, building or place, unless he/she has been requested to do so by the Hirer, and may at no time suggest or recommend a salvage yard, body shop, storage yard or any other public garage, building or place located outside of the Township boundary; 17.2.8 permit a Person to be a passenger in a Tow Truck, except under the following circumstances: 17.2.8.1 the passenger is the Hirer of the Tow Truck; or 17.2.8.2 the passenger is licensed under this By-law and is in the process of receiving instructions on Driver training as to the operation of a Tow Truck while a passenger; 17.2.9 Operate or permit to be Operated a Tow Truck with a Gross Vehicle Weight Rating of less than 4,536 kg (10,000 lbs.) 17.2.10 Operate or permit to be Operated a Tow Truck without a Wrecker Body; 17.2.11 Operate or permit to be Operated a Tow Truck without a valid Tow Truck Licence; Page 14 of 27 17.2.12 Operate or permit to be Operated a Tow Truck with an expired Tow Truck Licence; 17.2.13 induce, pressure, suggest, recommend or in way cause a Hirer to sign or agree to a Work Order or otherwise induce, pressure, suggest, recommend or in any way cause a Hirer to agree to any work to the Hirer's Vehicle. Which work includes any repairs or maintenance. 18.0 Driver Duties 18.1 Every Driver shall: 18.1.1 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; 18.1.2 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; 18.1.3 at all times be neat and clean in personal appearance and properly dressed which must include but is not limited to: 18.1.3.1 a blaze orange, a blaze yellow or a combination of both orange and yellow safety vest with two fluorescent stripes, five (5) centimetres in length in the shape of an "X" on both the front and the back of the vest; 18.1.3.2 patch green safety boots; and 18.1.3.3 a Township issued Identification card readily available. 18.1.4 retain all Destination Permission Forms for at least ninety (90) days from the date of the tow indicated on the form; 18.1.5 fax or email the Licensing Officer a copy of the signed Destination Permission Forms within twenty-four (24) hours of the date and time indicated on the Destination Permission Form and make them available for inspection upon request by an Officer and/or the Licensing Officer at any time. 19.0 Driver Prohibitions 19.1 No Driver shall: 19.1.1 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 service unless first requested so to do by a Hirer, or an Officer or any member of the Township's Fire Department, or any Person authorized by law to direct the removal of the Vehicle from private property; 19.1.2 stop or park within 200 metres (approximately 653 feet) of a Collision Scene unless the Tow Truck Driver has been summoned to the location of the Collision through the Rotational Call List or by an individual identified in section 19.1.1 or where there are fewer Tow Trucks at the Collision Scene than Vehicles apparently requiring the services of a Tow Truck; Page 15 of 27 19.1.3 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 200 metres (approximately 653 feet) of a Collision Scene, where the actions of the Driver or agent constitutes a Nuisance; 19.1.4 cause or create a nuisance on a collision scene; 19.1.5 tow or otherwise convey or move any Vehicle which is to be towed outside the Township boundary unless requested by the Owner or operator, an Officer or a member of the Township Fire Department and a Destination Permission Form is completed and signed; 19.1.6 drive or act as a Driver unless the Tow Company of the Tow Truck is licensed under this by-law; 19.1.7 commence to Drive or act as a Driver for any Tow Company without first obtaining a License from the Licensing Officer; 19.1.8 commence to tow or otherwise convey or move any Vehicle or perform any other service unless first disclosing to the Hirer any interest (either direct or indirect) that the Driver has in any location or facility to which a Vehicle may be towed for repair, storage, appraisal or similar purpose in accordance with any prescribed standards; 19.1.9 fail to complete a Destination Permission Form for a vehicle towed to a location other than the approved Motor Vehicle Storage Yard approved for the Licensed Company; 19.1.10 smoke in a Tow Truck. 20.0 Heavy Towing 20.1 A Heavy Towing Company maybe licensed under this By-law as a Tow Company provided proof of the following; 20.1.1 owns or has immediate access to and has the ability to Operate a minimum of one (1) rotating recovery Tow Truck with a forty (40) ton minimum manufacturer rated boom; 20.1.2 owns or has immediate access to and has the ability to Operate a minimum of two (2) additional heavy recovery units with a twenty-five (25) ton minimum manufacturer rated boom; 20.1.3 utilizes manufacturer rated safety chains appropriate to the size of the recovery unit; 20.1.4 owns or has immediate access to load floats and/or detachable floats and replacement van trailers at all times; 20.1.5 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; 20.1.6 submit such Heavy Tow Truck for safety inspection annually or as otherwise required by the Licensing Officer, an Officer, or other duly appointed individuals under the provisions of the Highway Traffic Act, as necessary. Page 16 of 27 20.2 In addition to the requirements set out in Sections 4.0 and 7.0 of this By-law, Heavy Towing Companies shall provide the following: 20.2.1 a copy of the audible training programs for the Transportation of Dangerous Goods as per the Dangerous Goods Transportation Act, R.S.O. 1990, Chapter D.1, as amended; 20.2.2 a statement that all surveillance records will be kept in a secure location for a minimum of thirty (30) calendar days; 20.2.3 a copy of any contracts relating to the requirements of sections 20.1.1, 20.1.2, 20.1.4, 20.1.5 and 20.1.6 of this By-law, if applicable. 20.3 A Heavy Towing Company shall be permitted to own or lease a Vehicle Storage Yard outside of the Township's boundary provided the following: 20.3.1 approval for such Vehicle Storage Yard is granted by Council; 20.3.2 inspection of the Motor Vehicle Storage Yard is completed to ensure compliance with the requirements of the By-law. 20.4 A Heavy Towing Company shall be permitted to allow as many employees, of the Towing Company, as required, to complete the towing in a safe and timely manner, which shall include being permitted to travel to the scene in the Heavy Tow Truck(s). 20.5 Notwithstanding Sections 20.1.1, 20.1.2, 20.1.4 and 20.1.5 of this By-law, any Heavy Towing Company that requires the use equipment identified in the aforementioned sections, shall only do so for the purpose of recovery. The Heavy Tow Companies licensed Tow Truck shall conduct the tow of any and all heavy vehicles requiring such services. 21.0 Owner Lessee from Motor Vehicle Dealer or Leasing Company 21.1 Where the Applicant for a Towing Company has leased a Vehicle to be used as a Tow Truck from a Motor Vehicle dealership or leasing company, the Towing Company shall provide a copy of the lease for the Tow Truck to the Licensing Officer prior to a Licence being issued 22.0 Right of Inspection of Licensed Premise or Vehicles 22.1 An Officer may at any reasonable time enter upon and inspect the Business Premise or Vehicles of any Licensee to ensure that the provisions of this By-law have been complied with, and an Officer on completion of an inspection shall complete and file with the Licensing Officers a written report of the inspection. 22.2 Upon an inspection under section 22.1 of this By-law, the Officer inspecting is entitled access to the invoices, vouchers, appointment books, or trip sheets or like documents of the Person being inspected provided such documents are relevant for the purposes of the inspection and the Officer inspecting may remove with the licensee's consent any of the aforementioned documents for the purpose of photocopying provided a notification is given to the Licensee and the documents are returned to the Licensee within forty-eight (48) hours of removal. Page 17 of 27 23.0 Vehicle Inspections 23.1 The Licensing Officer may require an Owner to submit his or her Tow Truck for inspection at any time and at an appointed place and the Owner shall submit each Tow Truck for inspection when required to do so by the Licensing Officer. 23.2 When a Tow Truck and its equipment have been examined by the Ministry of Transportation or a licensed mechanic and the Tow Truck or its equipment is found to be mechanically defective, the Tow Truck Owner shall not Operate the Tow Truck or permit it to be Operated, until the Tow Truck has been re -inspected and approved by the Ministry of Transportation or other inspecting authority. 23.3 When a Tow Truck is examined by the Ministry of Transportation or licensed mechanic and a report states that the Tow Truck or equipment is dangerous or unsafe, the Owner shall remove and return to the Licensing Officer the Tow Truck Licence until the Tow Truck and the equipment are certified to be safe by the Ministry of Transportation or a licensed mechanic. 23.4 When an Owner is unable to obtain a Safety Standards Certification issued under the Highway Traffic Actfor the Tow Truck following an inspection as required under section 23.1 of this By-law, the Owner shall remove and return to the Licensing Officer the Tow Truck License and the Owner shall not Operate the Tow Truck until he/she obtains and produces a Safety Standards Certificate. 24.0 Changes in Information 24.1 Every licensee shall notify the Licensing Officer in writing within seven days after the event, of any changes in any information contained in the application form. 24.2 Where a change has occurred in the name or Business name of a Licensee, the licensee shall attend within seven (7) days of the date of the change to have the Licence and Licence records amended accordingly. 25.0 Licensing Officers Power to Refuse to Issue, Renew a License or Revoke or Suspend a License 25.1 The powers and authority to refuse to issue or renew a Licence, to cancel, revoke or suspend a Licence, or to impose terms and conditions on a Licence, are hereby delegated to the Licensing Officer and his or her delegates. 25.2 Where the Licensing Officer is of the opinion that: 25.2.1 an application for a Licence or renewal of a Licence should be refused, 25.2.2 a reinstatement should not be made, 25.2.3 a Licence should be revoked, 25.2.4 a Licence should be suspended, or 25.2.5 a term or condition of a Licence should be imposed, he or she shall make that decision. 25.3 After a decision is made by the Licensing Officer, written notice of that decision shall be given to the Applicant or Licensee advising the Applicant or Licensee of the Licensing Officers decision with respect to the application or Licence. Page 18 of 27 25.4 The written notice to be given under section 25.1 of this By-law shall: 25.4.1 set out grounds for the decision; 25.4.2 give reasonable particulars of the grounds; 25.4.3 be signed by the Licensing Officer; and 25.4.4 state that the Applicant or Licensee is entitled to a hearing if the Applicant or Licensee delivers to the Clerk, within seven (7) days after the Notice under Section 25.1 of this By-law is served, a notice in writing requesting a hearing by Council and the appeal fee as set out in Schedule "A" of this By-law. 25.5 Where no appeal is registered within the required time period, the decision of the Licensing Officer shall be final. 25.6 No Person shall re -apply with the Licensing Officer to obtain or renew a Licence for a minimum of one year from the later of: 25.6.1 the date of the Licensing Officer's decision to refuse to issue, renew or revoke a Licence; 25.6.2 where the decision of the Licensing Officer is appealed, the date of the Hearing if the Appeal is upheld to refuse to issue, renew or revoke a Licence. 25.7 An Applicant for a Licence who complies with the provisions of this By-law is, subject to the provisions of this By-law, entitled to be issued a Licence, except where: 25.7.1 there are reasonable grounds for belief that any application or other document provided to the Licensing Officer by or on behalf of the Applicant contains a false statement or provides false information; or 25.7.2 the past or present conduct of the Applicant, or of any partner, in the case of an Applicant which is a partnership, or of any director, shareholder or officer of the Corporation, if the Applicant is a Corporation, affords reasonable grounds for belief that the Business in respect of which the application is made will not be carried on in accordance with the law and with integrity and honesty; or 25.7.3 there are reasonable grounds for belief that the carrying on of said Business will result in a breach of this By-law or any other law, including any applicable zoning requirement; or 25.7.4 the financial position of the Applicant affords reasonable grounds to believe that the Business will not be carried on in a financially responsible manner; or 25.7.5 there are reasonable grounds for belief that the application does not meet all the requirements of this By-law, or that the Business is carried on or intended to be carried on in area of the Township where such Business is prohibited by this By-law from being carried on, or in respect of which the issuing of a Licence in respect of the Business is not permitted by this By- law; or Page 19 of 27 25.7.6 the conduct of the Applicant or of one or more of the Persons referred to in Section 25.7.2 of this By-law affords reasonable grounds for belief that the carrying on of the Business in respect of which the License is sought would infringe the rights, or endanger the health or safety, of one or more members of the public; or 25.7.7 the amount payable in respect of the License applied for has not been paid; or 25.7.8 the Applicant has failed to pay the fine or fines imposed by a court as a sentence arising from convictions for breach of a By-law enacted by the Township. 25.7.9 an Applicant with any criminal conviction which are older than five (5) years and appears in Schedule "C" of this By-law will not be approved to be licensed. All convictions older than five (5) years and not appearing in Schedule "C" will be reviewed by the Licensing Officer. 25.7.10 an Applicant with any criminal convictions within the last 5 years from the date of application submission shall not be approved to be licensed. 25.7.11 any driver's abstract which indicates more than six (6) demerit points or contains any one (1) conviction with a value of four (4) or more demerits points will not be approved to be licensed. 26.0 Hearings before the Appeal Committee 26.1 The powers and authority to conduct appeal hearings under this By-law are hereby delegated to an all -citizen Appeal Committee duly appointed by By-law. 26.2 The provisions of section 5 to 15 and 21 to 24 of the Statutory Powers Procedure Act, R.S.O. 1990, c.S.22 as amended shall apply to all hearings conducted by the Appeal Committee under this By-law. 26.3 When the Applicant or Licensee who has been given written notice of the hearing does not attend at the appointed time and place, the Appeal Committee may proceed with the hearing in his absence and the Applicant or Licensee shall not be entitled to any further notice of proceedings. 26.4 At the conclusion of a hearing, the Appeal Committee may give its decision orally or reserve its decision, but in any case it should provide it decision in writing within fourteen (14) days of the hearing to the Applicant or Licensee and the Licensing Officer. 27.0 Appeal Committee Decision 27.1 In making its decision the Appeal Committee may uphold or vary the decision of the Licensing Officer, or make any decision that the Licensing Officer was entitled to make in the first instance. The decision of the Appeal Committee issued under this By-law is final. 27.2 A license issued under this By-law is personal to the licensee, and cannot be transferred. 27.3 Where a Licence has been revoked, the Licensee shall not be entitled to a refund. Page 20 of 27 28.0 Return of Licence After Revocation or Suspension 28.1 When a Licence has been revoked, deemed unrenewable, cancelled or suspended, the holder of the Licence shall return the Licence to the Licensing Officer within twenty-four (24) hours of service of written notice of the decision of the Licensing Officer or, where an appeal has been filed, the decision of the Appeal Committee, and the Licensing Officer may enter upon the Business Premise of the Licensee for the purpose of receiving, taking, or removing the said Licence. 28.2 When a Person has had his or her Licence revoked or suspended under this By- law, he or she shall not refuse to deliver up or in any way obstruct or prevent the Licensing Officer from obtaining the Licence in accordance with Section 28.1 of this By-law. 29.0 Licence Production 29.1 Every Person licensed under this By-law, when requested by an Officer or the Licensing Officer shall produce his/her Licence, photograph and other relevant document required under this By-law. 30.0 Representation 30.1 No Person shall publish or cause to be published any representation that he/she is licensed under this by-law if he/she is not. 31.0 Notice 31.1 Any notice required to be given by the Township under this By-law is sufficiently given if delivered personally or sent by registered mail addressed to the Person to whom delivery is required to be made at the last address for delivery appearing on the records of the Licensing Officer. 31.2 Where service if effected by registered mail, it shall be deemed to be made on the fifth day after the date of mailing, unless the Person on whom service is being made establishes that he/she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice or order until a later date. 32.0 Offences 32.1 No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising a power or performing a duty under this By-law. Any Person who is alleged to have contravened any of the provisions of this By-law shall identify themselves to the Officer upon request, failure to do so shall be deemed to have obstructed or hindered the Officer in the execution of their duties. 32.2 Every Person who contravenes any Provision of this By-law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33, and every such fine is recoverable under the Provincial Offences Act. 32.3 The conviction of an offender upon the breach of any provisions of this By-law shall not Operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provisions of the Municipal Act, 2001, S.O. 2001, c.25, Section 442, as amended, shall further apply to any continued or repeated breach of this By-law. Page 21 of 27 33.0 Severability 33.1 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. Page 22 of 27 Schedule "A" to By-law No. 2019-101 Licensing Fees License Fee Tow Company License $325.00 Replacement License $100.00 Tow Truck License $225.00 Replacement License $100.00 Tow Truck Transfer $100.00 Tow Truck Driver License $125.00 Tow Truck Driver Replacement License $20.00 Tow Truck Driver -Trainee $100.00 Additional Inspections by Municipal Law Enforcement Officers $100.00 AppealFee $200.00 **The fee includes the application and one inspection, additional inspections due to insufficient equipment or defects will result in additional fees. ** 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. **Fees are not pro -rated and expire on November 30th of each year regardless of the approval date. Page 23 of 27 Schedule "B" to By-law No. 2019-101 Tariff of Rates Collision Towing and Vehicle Impoundment ** No more or no less than the Fees identified below shall be charged and such Fees shall include all administration, hook up or release fees** Services Fees Collision Tow to the Tow Company's Motor Vehicle Storage Yard $350.00 within the Township. (Vehicle does not exceed 6000 pounds (3000kg) in towing weight, including; *Scene clean-up (up to 30 minutes) *Use of flatbed truck or doll Collision Tow to any destination at the Hirers request outside of the $350.00 Township. and, (Where the vehicle does not exceed 6000 pounds (3000 kg) in towing $3.00 per/km weight and includes; *Scene clean-up(up to 30 minutes) *Use of flatbed truck or doll Storage outside/indoorper da $60.00 Wait time after one hour $60.00/hour Scene clean-up after 30 minutes 35.00/half hour Off Road Recovery $150.00 *Vehicle must be no less than ten (10) feet from the edge of the roadway to be considered off road recovery. *Winching is included Roll Recovery into towing position $250.00 *Winching is included Using a boom to winch off guard rail or guide wires $75.00/hour maximum of two 2 hours Second Tow Truck required to assist $90.00 Vehicle Impound Program Storage (outside/inside) per day $60.00 ** All Non -Collision Towing fees to be charged are as per the written statement of Rates and Charges for all services provided by the Towing Company and filed with the Licensing Officer. Page 24 of 27 Schedule "C" of By -Law No. 2019-101 Criminal Code Convictions Not Acceptable Criminal Code Offences Explosives Description Using explosives, possession. Terrorism Providing or collecting property for certain activities, providing or making available property or services for terrorist purposes; using or possessing property for terrorist purposes; participation in activity of terrorist group; facilitating terrorist activity; instructing to carry out activity for terrorist group; instructing to carry out terrorist activity. Firearms and weapons Using firearms (including imitation) in commission of offence, careless use of firearm; pointing a firearm; possession of weapon for dangerous purposes; carrying weapon while attending public meeting; carrying concealed weapon; unauthorized possession of firearm; possession of firearm knowing its possession is unauthorized; possession at unauthorized place; unauthorized possession in motor vehicle; possession of prohibited or restricted firearm with ammunition; possession of weapon obtained by commission of offence, breaking and entering to steal firearm; robbery to steal firearm; weapons trafficking; possession for the purpose of weapons trafficking, transfer without authority; making automatic firearm; discharging firearm with intent; causing bodily harm with intent -air gun or pistol. Sexual offences against minors Sexual interference; invitation to sexual touching; sexual exploitation; sexual exploitation of person with disability; incest, making child pornography; parent or guardian procuring sexual activity; householder permitting sexual activity; corrupting children; luring a child; prostitution of person under eighteen. Sexual offences against Sexual exploitation of person with disability; incest; persons other than minors indecent acts; sexual assault. Criminal Negligence Causing death by criminal negligence; causing bodily harm by criminal negligence. Murder Murder; manslaughter; infanticide; attempt to commit murder; accessory to murder. Operation of vehicles, Dangerous operation of motor vehicles, vessels and vessels, or aircraft aircraft; flight; causing death by criminal negligence (street racing); causing bodily harm by criminal negligence (street racing); dangerous operation of motor vehicle while street racing; failure to stop at scene of accident; operation while impaired; operation while disqualified. Harassment and threats Criminal harassment; uttering threats, intimidation. Page 25 of 27 Schedule "C" of By-law No. 2019-101 Criminal Code Convictions Not Acceptable -continued Assault Assault; assaulting a peace officer. Confinement Kidnapping; trafficking in persons; hostage taking; abduction of person under sixteen; abduction of person under fourteen; abduction in contravention of custody order; abduction. Theft over, forgery and fraud Theft over; destroying documents of title; fraudulent concealment; theft and forgery of credit card; theft from mail; forgery; uttering forged document; drawing document without authority; fraud; using mails to defraud; arson forfraudulent purpose. Robbery and extortion Robbery; extortion. Breaking and entering Breaking and entering. Possession of property Possession of property obtained by crime; possession obtained by crime of property obtained by excise offences. Arson Arson. Counterfeit money Making counterfeit money. Participation in criminal Participate in criminal organization; commission of Organization offence for criminal organization; instructing commission of offence for criminal organization. Trafficking Trafficking in a controlled substance -Schedule I or II -Schedule III -Schedule IV Importing and exporting Importing and exporting of a controlled substance -Schedule I or II -Schedule III -Schedule IV Production Production of a controlled substance -Schedule I or II (except marihuana) -Schedule III -Schedule IV Page 26 of 27 Schedule "D" of By-law No. 2019-101 Destination Permission Form In accordance with the Towing By-law this form must be completed prior to the commencement of the tow when the destination is somewhere other than the Township approved vehicle storage yard. Tow Truck Operator Date: Collision Location: Vehicle Make: Vehicle Model: Vehicle Color: Vehicle License Plate: Tow Company: Truck Driver Name: Municipal Plate Vehicle Destination: (Other than pound) Vehicle Owner/Operator authorize the above tow truck driver (Print Name) and company to tow my vehicle at the set collision rate to a location other than the approved Township vehicle storage yard. Phone Number: Address: Permission Signatures Vehicle Owner Officer/Badge # Tow Operator ** Form is to be faxed to the Township Office, (705) 487-0133 within 24 hours of completing the Tow. Failure to submit this form as required may result in revocation of the Tow License. Personal information contained in this form is collected under the authority of the Municipal Act, 2001, Chapter 25, as amended, and will only be used for the purpose for which it was collected. Questions about this collection of information should be directed to the Municipal Law Enforcement Division, 148 Line 7 South, Oro-Medonte, ON LOL 2EO Page 27 of 27 PROVINCIAL OFFENCES ACT PART IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By -Law 2019-101, for the Township of Oro-Medonte, attached hereto is the set fine for that offence. This Order is to take effect November 12, 2019 DATED at Newmarket this 12th day of November, 2019. Esther Rosenberg Regional Senior Justice Central East Region Township of Oro-Medonte Part 1 Provincial Offences Act By-law No. 2019-101, Being a By -Law to License and Regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers and to Repeal By-law No. 2019-032 ("Towing By -Law") which was enacted October 23, 2019. Item Short Form Wording Provisions Creating or Defining Offence Set Fine GENERAL REGULATIONS 9 1 Fail to apply for replacement plate. 2.2 $100.00 2 Act as an owner without license. 3.1 $500.00 3 Operate or permit the operation of a Tow Truck without a license. 3.2 $400.00 4 Drive, or act as the Driver of a Tow Truck without a license. 3.3 $300.00 5 Fail to take separate licence for each truck. 3.4 $400.00 6 Publish or cause to be published any representation when not licensed. 3.5 $300.00 7 Hinder or obstruct or attempt to hinder or obstruct an officer. 32.1 $400.00 VEHICLE STORAGE YARD PROHIBITIONS 8 Fail to lock Vehicle Storage Yard gates. 12.2.4 $200.00 9 Fail to ensure fence is free of defects. 12.2.5 $260.00 10 Fail to ensure overhead lighting remains on during dark hours. 12.2.6 $260.00 11 Fail to display sign clearly visible from the road. 12.2.9 $200.00 OWNER PROHIBITIONS 13.1.1 12 Fail to charge flat rate for Collision Tow $300.00 13 Fail to file with Licensing Officer schedule of rates 13.1.2 $200.00 14 Fail to charge rates as set out in schedule of rates. 13.1.3 $200.00 15 Fail to keep schedule of rates in Tow Truck 13.1.4 $100.00 16 Fail to show Hirer schedule of rates. 13.1.4 $200.00 17 Fail to retain copies of advertising matter for sixty (60) days 13.1.6 $200.00 18 Fail to produce copies of advertising matter when requested. 13.1.6 $200.00 19 Fail to have attached/painted on both sides the name/tele hone number of business. 13.1.7 $200.00 20 Use unlicensed Tow Truck Driver. 13.1.8 $300.00 21 Fail to have affixed Tow Truck License 13.1.9 $100.00 22 Fail to qive notice of sale/disposition of Tow truck to 13.1.10 $100.00 Licensing Officer. 23 Permit license to be affixed to tow truck not licensed. 15.1.1 $300.00 24 Alter, amend or permit the altering of rates. 15.1.2 $300.00 25 Fail to take due care of all vehicles/property 16.1.1 $200.00 delivered/entrusted to towing 26 Fail to comply with all reasonable instructions from the 16.1.2 $200.00 Hirer 27 Fail to be civil and behave courteously. 16.1.3 $200.00 28 Fail to keep permanent daily record of work performed 16.1.4.1 $200.00 showing name/address of Hirer. 29 Fail to keep permanent daily record of work performed 16.1.4.2 $200.00 showing description of Vehicle towed/conveyed including Provincial Motor Vehicle Permit number. 30 Fail to keep permanent daily record of work performed 16.1.4.3 $200.00 showing the rate charged. 31 Fail to keep permanent daily record of work performed 16.1.4.4 $200.00 showing the total fee collected. 32 Fail to keep Tow Truck/equipment clean and good repair. 16.1.5 $260.00 33 Fail to keep Tow Truck free from exterior body 16.1.5 $200.00 dama a/well maintained exterior paint. 34 IFail to present itemized bill for service to the Hirer. 16.1.6 $200.00 OWNER/DRIVER PROHIBTIONS s 35 Operate or permit the operation of a truck with an 17.1.1 $300.00 insufficient winching or hoisting device. 36 Operate or permit the operation of a truck without a clearly 17.1.3 $300.00 visible amber warning light system. 37 Operate or permit the operation of a truck without at least 17.1.4 $300.00 two safety chains of sufficient length. 38 Operate or permit the operation of a truck without a fire 17.1.5.1 $100.00 extin uisher. 39 Operate or permit the operation of a truck without four 17.1.5.2 $100.00 Ions. 40 Operate or permit the operation of a truck without a 17.1.5.3 $100.00 broom. 41 Operate or permit the operation of a truck without a 17.1.5.4 $100.00 shovel. 42 Operate or permit the operation of a truck without a first 17.1.5.5 $100.00 aid kit. 43 Operate or permit the operation of a truck without a 17.1.5.6 $100.00 crowbar. 44 Operate or permit the operation of a truck without two 17.1.5.7 $100.00 wheel blocks. 45 Operate or permit the operation of a truck without flares or 17.1.5.8 $100.00 a reflective kit. 46 Operate or permit the operation of a truck without a wheel wrench. 17.1.5.9 $100.00 47 Operate or permit the operation of a truck without a light bar. 17.1.5.10 $100.00 48 Operate or permit the operation of a truck without a dolly. 17.1.5.11 $100.00 49 Interfere with any contract. 17.2.1 $200.00 50 Induce any person to employ or hire a tow truck. 17.2.2 $200.00 51 Use or permit the use of an unsafe or defective tow truck. 17.2.3 $200.00 52 Demand or request unlawful payment. 17.2.4 $200.00 53 Demand, request or receive a drop fee. 17.2.5 $200.00 54 Charge hire for lost time. 17.2.6 $200.00 55 Suggest or recommend a vehicle be towed to a particular lace. 17.2.7 $200.00 56 Permit passenger other than hirer or trainee. 17.2.8 $200.00 57 Operate or permit the operation of a tow truck with a Gross Vehicle Weight Rating under 4,536k . 17.2.9 $200.00 58 Operate or permit the operation of a tow truck without a wrecker body. 17.2.10 $300.00 59 Operate or permit the operation of a tow truck without a valid license. 17.2.11 $400.00 60 Operate or permit the operation of a tow truck with an expired license. 17.2.12 $400.00 DRIVER DUTIES 61 Fail to tow/convey Vehicle by the most direct route to the destination requested by Hirer. 18.1.1 $200.00 62 Fail to clean up debris/fragments of glass/Vehicle arts/other materials from any highway/roadway. 18.1.2 $200.00 63 Fail to be properly dressed/neat/clean in personal appearance. 18.1.3 $100.00 64 Fail to retain Destination Permission Form for at least ninety 90 days from the tow. 18.1.4 $200.00 65 Fail to fax or email Destination Permission Form to the Licensing Officer within 24 hours. 18.1.5 $200.00 66 Fail to make Destination Permission Form available for inspection upon request. 18.1.5 $200.00 DRIVER PROHIBITIONS 67 Commence tow without hirer's request. 19.1.1 $200.00 68 Ask or seek out a Hirer at a collision scene or within 200 metres of a collision scene. 19.1.3 $200.00 69 Cause or create a nuisance on a collision scene. 19.1.4 $200.00 70 Tow or otherwise convey or move any vehicle outside the Township b unclary without permission. 19.1.5 $200.00 71 Drive or act as a driver for an unlicensed Towing Company. 19.1.6 $500.00 72 Commence to drive or act as a driver without a license. 19.1.7 $400.00 73 Fail to complete a Destination Permission Form. 19.1.9 $200.00 74 Smoke in Tow Truck 19.1.10 $200.00 NOTE: The penalty provision for the offences indicated above is Section 32.2 of By- law, 2019-101, a certified copy of which has been filed.