Report to/Rapport au:
Emergency and Protective Services Committee/Comité des services de
protection et d'urgence
and Council/et au Conseil
29 May 2002 / le 29 mai 2002
Submitted by/Soumis par: Steve
Kanellakos, General Manager/Directeur général Emergency and Protective
Services/Services de protection et d’urgence
Contact Person/Personne-ressource : Susan
Jones,
Director, By-law Services/Directrice, Règlements municipaux
580-2424, ext./poste 25536
Susan.Jones@ottawa.ca
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Ref N°:ACS2002-EPS-BYL-0006 |
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SUBJECT: |
BY-LAW - LICENSING - HARMONIZATION – PUBLIC
GARAGES AND SNOW PLOW OPERATORS |
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OBJET : |
RÈGLEMENTS - PERMIS - HARMONISATION - GARAGES
PUBLICS ET CONDUCTEURS DE CHASSE-NEIGE |
REPORT RECOMMENDATIONS
That the Emergency and Protective Services Committee
recommend that Council:
1. Approve the proposed Licensing Schedule
regulating Public Garages, effective September 1, 2002, and approve amendments
with respect to the general provisions and Schedule “A” of the new licensing by-law, attached as Document 1, to:
(a)
establish an expiry date of April 30;
(b)
establish an annual license fee of $120;
(c)
include related definitions.
2. Approve the proposed Licensing Schedule
regulating Snow Plow Operators, effective October 1, 2002, and approve
amendments with respect to the general provisions and Schedule “A” of the new
licensing by-law, attached as Document 2, to:
(a)
establish an expiry date of October 31;
(b)
establish an annual license fee of $120;
(c)
include a $10 fee per snow plow as defined in the Schedule;
(d)
include related definitions.
3. Approve housekeeping amendments to
existing licensing by-laws to modify existing expiry dates in order to
facilitate the transition into proposed expiry dates and repeal provisions of
former municipal licensing by-laws dealing with public garages and snow plow
operators.
RECOMMANDATIONS DU RAPPORT
Que le Comité des services de protection et d’urgence recommande au
Conseil municipal d’approuver :
1. l’annexe
sur les permis réglementant les garages publics proposée, qui entrera en
vigueur le 1er septembre 2002, ci-jointe en document 1, et les
modifications nécessaires en ce qui concerne les conditions générales et
l’annexe A du nouveau règlement sur la délivrance de permis en vue :
a)
de fixer la date d’expiration au 30
avril;
b)
d’établir les droits de permis
annuels à 120 $;
c)
d’inclure les définitions connexes;
2.
l’annexe sur les permis réglementant
les conducteurs de chasse-neige, qui entrera en vigueur le 1er
septembre 2002, ci-jointe en document 2, ainsi que les modifications en ce qui
concerne les conditions générales et l’annexe A du nouveau règlement sur la
délivrance de permis en vue :
a)
de fixer la date d’expiration au 31
octobre;
b)
d’établir les droits de permis
annuels à 120 $;
c)
d’inclure des droits de 10 $ par
chasse-neige, comme il est stipulé dans l’annexe;
d)
d’inclure les définitions connexes;
3. les modifications
d’ordre administratif aux règlements municipaux sur la délivrance des permis
actuels en vue de changer les dates d’expiration et de faciliter ainsi le
passage aux dates d’expiration proposées et d’abroger les règlements des
anciennes municipalités concernant la délivrance de permis pour les garages
publics et les entreprises de déneigement.
The Ontario Municipal Act empowers municipalities to pass by-laws for the licensing, regulating and governing of certain businesses carried on within the municipality, and provides that the setting of license fees take into account the cost of administering and enforcing the by-laws.
The City of Ottawa licenses and regulates numerous business categories pursuant to various licensing by-laws enacted in the former municipalities prior to amalgamation. These by-laws continue to be in effect and enforced within the respective boundaries of the former municipalities in which they were enacted until they are repealed, amended or replaced by City Council.
On April 10, 2001, City Council approved a new Licensing By-law (By-law 2002-189) and harmonized the Auctioneers and Driving Schools regulations under this new Licensing By-law. The Emergency and Protective Services Department has undertaken to harmonize the remaining business regulations by bringing reports to the Committee on a regular basis. The reports propose specific regulations related to particular business license categories and will be detailed in “Schedules”. Once approved by Council those Schedules are incorporated and become part of the new Licensing By-law.
Typically, business licensing regulations are enacted for reasons such as health and safety, consumer protection, community standards and nuisance control. The identification and inspection of businesses assists the City in monitoring compliance with various regulations and standards imposed by various internal (police, fire, health, building and zoning) and external (provincial and federal) agencies.
Annual licensing fees are charged to offset the cost of enforcement, inspection and administration of regulations whereas application processing fees are charged to cover the cost of processing license applications. Historically, it has been deemed appropriate that the cost of administering and enforcing the regulations should be borne by the regulated businesses and not the public-at-large through general tax revenues.
Public garage regulations are already in effect in former Ottawa, Nepean, Gloucester, Vanier and Cumberland. The Department recommends harmonized regulations and an annual license fee that will apply to all public garages in the entire City of Ottawa.
The proposed regulations address public health and safety issues by requiring that an owner or operator of a public garage obtain approvals from the Fire, Health and Building Officials that certify that the building is suitable for the stated uses.
The recommendation proposes to regulate activities that occur at public garages, which are likely to disrupt the neighbourhood or represent health and safety concerns including:
Insurance
The proposed regulation requires that owners/operators of public garages obtain a minimum Comprehensive Commercial General Liability insurance coverage of $1,000,000 to protect the public in the event of an accident directly related to the operations of the business.
Although existing Public Garage regulations are similar from one former municipality to another, the license fees vary considerably from $10 to $115. Public Garage fees of other Ontario cities range from $50 to $305.
The proposed annual license fee for the public garage license categories is set at $120. Only one license fee will be charged per Public Garage per premises regardless of the number of different public garage uses occurring at the premises. The fee reflects an anticipated need for an average 1 or 2 inspections per year at a cost to the Corporation of approximately $60 per inspection. The proposed fee also covers the cost of enforcement related to unlicensed public garages; the enforcement related to requests for service respecting non-compliance with the regulations as well as the cost of administering the licensed trade.
The proposed fees are expected to result in an increase in annual revenues in the estimated amount of $20,000 in 2003.
|
Category |
Proposed Fees |
Current
Fees |
||||
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Ottawa |
Nepean |
Gloucester |
Vanier |
Cumberland |
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Parking Garage or Lot |
$120 |
$85 |
|
$115 |
$100 |
$10 |
|
Dealership Leasing/Rental |
$120 |
$85 |
$100 |
$115 |
$100 |
$20 |
|
Service Centre |
$120 |
$85 |
$100 |
$115 |
$100 |
|
|
Gas Station |
$120 |
$85 |
$100 |
$115 |
$100 |
$10 |
|
Car Wash |
$120 |
$85 |
$100 |
|
$100 |
|
|
Repair Shop or Body Shop |
$120 |
$85 |
$100 |
$115 |
$100 |
$20 |
|
# issued |
696 |
368 |
136 |
150 |
19 |
23 |
Toronto $186 initial $ 88 renewal
Mississauga $110 initial $110 renewal
Hamilton $305 initial $135 renewal
Emergency and Protective Services recommends applying Snow plow Contractor regulations modelled on the old City of Ottawa Licensing By-law L6-2000 to all Snow plow contractors operating within the entire City of Ottawa.
The purpose of the regulation is to:
Insurance
The proposed regulation requires that snow plow contractors obtain a minimum Comprehensive Commercial General Liability insurance coverage of $1,000,000 to protect the public in the event of an accident directly related to the operations of the snow plowing business.
The regulations do not apply to persons engaged in the business of clearing snow with a hand-held snow shovel or with manually pushed snow-blowing equipment.
The regulations do not apply to municipal, provincial or federal snow plowing work on public property. Business or residential property owners who carry out snow plowing activities with their own fleet of snow plows and limited on their own properties are not required to obtain a license. Snow plowing done free of charge is not considered a business and does not require a license.
A reduction in the annual license fee from $150.00 to $120.00 is proposed with the introduction of a $10 fee for each additional snow plow used in the business (the $10 fee does not apply to the first snow plow). The $10.00 per plate fee represents an equitable way to recover the cost of the plates and the related administration. The plates are provided by the City to identify snow plows operated by a licensed snow plow contractor.
The proposed fees are expected to result in an increase in annual revenues in the estimated amount of $5,000 in 2002.
|
|
Proposed |
Ottawa |
Issued |
|
Annual |
$120 |
$150 |
217 |
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Per Snow Plow |
$10 |
$0 |
1000 |
Approval of Recommendations 1 and 2 incorporates and harmonizes licensing regulations for Public Garages and Snow Plow Contractors. Once enacted the Schedules will be incorporated in the new Licensing By-law and old regulations related to Parking Garages and Snow Plow Contractors will be repealed.
Expiry dates for like license categories (Public Garages) vary from former municipality to former municipality. In order to ensure a smooth transition to the new Licensing By-law it is necessary to deem the licenses that have been issued under the former municipality to be issued under the new harmonized by-law and permit them to remain in full force and effect until the expiry date as set out in the new harmonized by-law thereby modifying the license period for which they were originally issued.
CONSULTATION
Notices to all licensed Public Garages, Parking Lots and Parking Garages, Auto Sales, Lease and Rentals, Car Washes, Car Repair, Body Shops and Snow Plow Contractors were mailed out the week of May 13, 2002, with the proposed fees, summary of regulations and a request for comments by May 24, 2002. Licensees were also invited to attend the Emergency and Protective Services Committee, to present in person their objections, support or comments.
A notice was published in the Citizen, the Sun and Le Droit dailies May 10, 2002 notifying the public of the proposed harmonization of the Public Garage and Snow Plow Contractor regulations, the availability of proposed regulations for review, invitation to comment before May 24, 2002 and an invitation to address the EPS Committee of June 10, 2002, in person to support, object or provide comment.
Six public garage operators responded to the draft circulation: 1 was not supportive of more restrictive noise regulations; 1 suggested combining license and processing fees; 1 inquired as to whether or not a heavy equipment manufacturing company constitutes a public garage, 1 expressed concern respecting illegal backyard operations; and, 2 supported the recommendations one of which had concerns with the fairness of the $120 and $180 fees.
1 Snow Plow Operator responded to the draft circulation supporting the proposed recommendations.
The following clarification is provided in response to the public comments cited above:
Approval of Recommendation 1 is expected to result in an increase of annual revenues in the estimated amount of $20,000 in 2003.
Approval of Recommendation 2 is expected to result in only a minimal increase ($5,000) in 2002.
DISPOSITION
Emergency and Protective Services Department to administer and Legal Services to process appropriate by-law amendments to Council for enactment.
Document 1 Proposed Amending By-law and Public Garage Schedule.
Document 2 Proposed Amending By-law and Snow Plow Contractor Schedule.
DOCUMENT 1
BY-LAW NO. 2002-
A by-law of the City of Ottawa amending by-law No. 2002-189.
The Council of the City of Ottawa enacts as follows:
1. Section 1 of By-law No. 2002-189 entitled “A by-law of the City of Ottawa respecting the licensing, regulating and governing of certain businesses is amended by adding the following definitions thereto:
“automotive sales, leasing or rental establishment” means any premises used for
carrying on the business of buying, selling or leasing new or used motor vehicles;
“automotive service station” means any premises where only minor or running
repairs essential to the actual operation of motor vehicles are executed or gasoline, oil, grease, antifreeze, tires, tubes, tire accessories, light bulbs, spark plugs and batteries for motor vehicles are stored or kept for sale, or where motor vehicles may be oiled or greased or have their ignition adjusted, tires inflated or batteries charged;
“car washing establishment” means any premises which is used for the business of washing or cleaning motor vehicles by mechanical or manual means;
“gas station” means any premises where the primary business is the sale of fuel to passenger vehicles but may also include the sale of other motor vehicle necessities such as motor oil, windshield wiper fluid and antifreeze;
“motor vehicle” means a motor vehicle as defined in the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended;
“motor vehicle repair or body shop” means any premises where major repairs, body work or painting of motor vehicles are executed;
“parking lot” means land or a structure used for the parking of motor vehicles that is available for public use for compensation;
“premises” means a building or part of a building or a place where a person carries on or engages in any of the trades, callings, businesses or occupations described in Section 9 of this by-law;
“public garage” includes an automotive sales or leasing establishment, an automotive service station, a car washing establishment, a gas station, a motor vehicle repair or body shop and a parking lot.
2. The definition “proof of insurance” in Section 1 of the said By-law 2002-189 is amended by deleting the expression “amount of not less than $2,000,000.00” and replacing it with the expression “coverage as required by the applicable Schedule to this By-law”.
3. Section 9 of the said by-law No. 2002-189, as amended, is amended by adding thereto the following subsection:
(3) every person who owns or operates a public garage;
4. Schedule “A” of the said By-law No. 2002-189 is amended by adding the following item thereto:
Column 1 Column 2 Column 3
Description of License License Fee $ Expiry Date
Public Garage 120.00 April 30
5. The said by-law No. 2002-189 is amended by adding thereto Schedule No. 3, Relating to Public Garages.
6. Paragraph (d) of Section 47 of the said by-law No. 2002-189 is amended by striking out the punctuation “.” where it occurs therein and substituting therefor the punctuation “;” .
7. Section 47 of the said By-law No. 2002-189 is amended by adding thereto the following paragraphs:
(e) by repealing the definitions “Carwash”, “Motor Vehicle” and “Public Garage”where they occur in Section 1;
(f) by repealing items “CAR WASH A-6” and ‘PUBLIC GARAGE A-19” where they occur in Schedule “A”;
(g) by repealing Schedule A-6 “CAR WASH” and Schedule A-19 “PUBLIC
GARAGE”;
(h) by repealing the items “CAR WASH $115.00” and “PUBLIC GARAGE
$115.00” where they occur in Schedule “C”.
8. Paragraph (d) of Section 50 of the said By-law No. 2002-189 is amended by striking out the punctuation “.” where it occurs therein and substituting therefor the punctuation “;”.
9. Section 50 of the said By-law No. 2002-189 is amended by adding thereto the
following paragraphs:
(e) by repealing the definitions “Automotive Rental/Leasing Establishment”,
“Automotive Sales Dealership”, “Automotive Service Station”, “Automotive Services Premise”, Car Washing Establishment” and “Motor Vehicle Repair Shop” where they occur in Section 1;
(f) by repealing the item “5 Automotive Services Premise” where it occurs in the Index to Licenses;
(g) by repealing the item “Automotive Services Premise” where it occurs in
Schedule “A” entitled “FEES FOR LICENSES”;
(h) by repealing Schedule 5 entitled “AUTOMOTIVE SERVICES PREMISE”.
10. Paragraph (f) of Section 51 of the said By-law No. 2002-189 is amended by striking out the punctuation “.” where it occurs therein and substituting therefor the punctuation “;”.
11. Section 51 of the said By-law No. 2002-189 is amended by adding thereto the following paragraphs:
(g) by repealing paragraphs (12), (18), (64) and (74) of Section 1;
(h) by repealing paragraph (21) of Section 2;
(i) by striking out the item “Public Garage” in Schedule No. 1;
(j) by repealing Schedule No. 18-A Relating to Public Garages.
12. Paragraph (c) of Section 52 of the said By-law No. 2002-189 is amended by striking out the punctuation “.” where it occurs therein and substituting therefor the punctuation “;”.
13. Section 52 of the said By-law No. 2002-189 is amended by adding thereto the following paragraphs:
(d) by repealing item “3 Automotive Services 16” where it occurs in the INDEX TO LICENSES;
(e) by repealing the item “Automotive Services” where it occurs in Schedule 1 entitled “ANNUAL FEES FOR LICENSES”;
(f) by repealing Schedule 3 entitled “AUTOMOTIVE SERVICES”.
14. The said By-law No. 2002-189 is amended by adding thereto immediately after Section 53 the following section:
53A. By-law No. 20-85 of the old Corporation of the City of Cumberland entitled “A By-law to provide for licensing, regulating and governing certain trades, callings, businesses and occupations”, as amended, is amended:
(a) by repealing item 10 where it occurs in Schedule “A” entitled “Master List of Trades, Callings, Businesses and Occupations”;
(b) by repealing Schedule “A” 10 -Urban entitled “Public Garage” and Schedule “A” 10 – Rural entitled “ Public Garage”;
(c) by repealing item 10 “Public Garage License” where it occurs in Schedule “B”entitled “Fees Applicable to the Licenses”.
15. Subsection 54(1) of the said By-law No. 2002-189 is amended by adding thereto the following paragraphs:
(e) the license period for public garage licenses issued pursuant to By-law No. L6-2000 of the old Corporation of the City of Ottawa, By-law No. 170-2000 of the old Corporation of the City of Gloucester, By-law No. 135-2000 of the old Corporation of the City of Nepean and By-law No. 29-00 of the old Corporation of the City of Vanier is extended and the licenses remain in full force and effect until April 30, 2003.
(f) the license period for public garage licences issued prior to April 30, 2002 pursuant to By-law No. 20-85 of the old Corporation of the City of
(g) for those public garage licenses issued after April 30, 2002, pursuant to By-law No. 20-85 of the old Corporation of the City of Cumberland, the license shall expire on April 30, 2003 .
16. (1) This by-law shall come into force and take effect on the 1st day of September, 2002.
(2) Despite subsection (1), for the purposes of applying for an original license for public garage licenses for the license period of September 1, 2002 to April 30, 2003, the applicant may apply as of August, 2002 and the application may be processed as if this by-law was in effect.
ENACTED AND PASSED this day of , 2002.
CITY CLERK MAYOR
SCHEDULE NO. 3
Relating to Public Garages
1. A separate license shall be obtained in respect of each premise to be operated pursuant to this by-law.
2. Every person required to obtain a license shall indicate on the license application whether an automotive sales or leasing establishment, an automotive service station, a car washing establishment, a gas station, a motor vehicle repair or body shop or a parking lot are operating on the premise.
3. No applicant for a Public Garage license shall be issued a license unless:
(a) the applicant is at least eighteen (18) years of age;
(b) the public garage complies with the zoning, building and property standards requirement of the City;
(c) the Fire Chief has reported, in writing, that the premises are suitable for the purpose of a public garage and comply with fire regulations;
(d) in the case of an automotive service center, a car washing establishment or a motor vehicle repair or body shop, a certificate of approval issued pursuant to the Environmental Protection Act is provided in respect of any plant, structure, equipment, apparatus or mechanism to be used in the operation of such an establishment where the obtaining of such a certificate is required by the provisions of the Act;
(e) the applicant has paid the fees set out in Schedule “A” entitled “Relating to Fees”.
4. Every licensee shall file with the Chief License Inspector proof of insurance of Comprehensive/General Liability insurance coverage subject to a limit of not less than One Million dollars ($1,000,000.00) per occurrence for bodily injury, death and damage to property arising out of the operation of the public garage.
5. Every public garage license shall expire on April 30 of each year.
GENERAL
REGULATIONS
6. Every licensee shall post the license in a prominent location on the licensed premises so as to be clearly visible to the public.
7. No person licensed under this schedule shall use or permit the land of the public garage to be used, except in an enclosed building, for:
(a) the purpose of storing motor vehicles which are in a state of disrepair for a period in excess of 30 days, except where he or she is required to retain the motor vehicle for a longer period by law, or
(b) vulcanizing tires or tubes.
8. No licensee shall permit the engine of a motor vehicle in any building to run, whether on a frame or in a motor vehicle while stationary, unless adequate ventilation is provided to ensure dilution of any carbon monoxide fumes.
9. No licensee shall store, permit to be stored, park or permit to be stored or parked at the public garage any trailer used for human habitation while so stored or parked;
10. No licensee shall permit lighting at the public garage;
(a) to reflect on to residential property,
(b) to interfere or distract the driver of a motor vehicle on a street, or
(c) to appear to be the headlamps of an oncoming vehicle.
11. Every licensee shall, where snow storage is not prohibited, restrict the height of snow within the perimeter of the premises to a maximum height of three (3) metres save and except in an area which is within eight (8) metres of the street allowance in which case the height of the snow shall not exceed one (1) metre;
12. No licensee shall permit snow or ice originating from the licensed premises to be deposited on any abutting street or sidewalk;
13. Every licensee shall keep the premises in a clean and neat condition, free from debris, snow, ice, dirt rubbish or other foreign substances derived from the licensed premises or resulting from the use of the licensed premises;
14. Every licensee shall ensure that the outdoor storage of material or waste be properly screened so as to not likely disturb the neighbourhood.
15. Every licensee shall ensure that grease, fuel or other fuels derived from the operation of the licensed premises are not permitted to drain into storm sewer catch basin.
16. No licensee shall permit any portable sign to be located on the premises without a license to do issued by the Corporation of the City of Ottawa;
17. No licensee shall permit any refreshment vehicle to be stored or parked on the licensed premises for the purpose of serving refreshment therefrom, unless the owner or operator of the refreshment vehicle has complied with all applicable by-laws of the City.
18. Every licensee shall ensure that any sidewalk or road allowance upon which the premises abut remain free and clear from all dirt and other foreign substance resulting from the use or occupation of the premises.
ADDITIONAL REQUIREMENTS FOR A PARKING
LOT
19. Every licensee of a parking lot shall:
(a) report to the Police Service, of any motor vehicle, which he or she may have reason to suspect is either stolen or abandoned;
(b) display, in a conspicuous place at or upon the premises, a sign or signs of a design which is not misleading, and bearing:
(i) in letters and figures of uniform size, but not less than 6 cm in height, the various rates or charges for parking or storing of vehicles and the amount of any deposit required on entering the lot, and
(ii) in readily legible letters, the hours during which the remises are open for business, the business name, address and phone number;
(e) ensure that the sign is placed at every entrance so that it is visible to any person driving a motor vehicle prior to entering the lot with the motor vehicle;
(f) except in the case of a metered or automatically controlled parking station or parking lot, ensure that a competent attendant is on duty at all times during the business hours indicated on the sign hereinbefore mentioned; and
(g) when no parking spaces are available, ensure that a suitable sign is prominently displayed at the each entrance announcing that fact.
DOCUMENT 2
BY-LAW NO. 2002-
A by-law of the City of Ottawa amending by-law No. 2002-189.
The Council of the City of Ottawa enacts as follows:
1. Section 1 of By-law No. 2002-189 of the City of Ottawa entitled, “A by-law of the City of Ottawa respecting the licensing, regulating and governing of certain businesses”, as amended, is amended by adding thereto the following definitions:
“Snow Plow” means;
(a) a motor vehicle as defined in the Highway Traffic Act (Ontario) equipped with a snow blower, snow plow or other snow clearing device, and
(b) a self-propelled vehicle of a design commonly used for snow plowing or snow removal including a tractor while equipped with a snow blower, a snow plow or other snow clearing device, a front-end loader or a backhoe.
“Snow Plow Contractor” means a person who is engaged in the business of contracting for the plowing or removal of snow on or from private property by means of a snow plow.
“Snow Plow Operator” means a person who drives a snow plow.
2. Section 9 of the said By-law No. 2002-189 is amended is amended by adding thereto the following subsection:
(4) every snow plow contractor;
3. Schedule “A” of the said By-law No. 2002-189 is amended by adding thereto the following item:
Column 1 Column 2 Column 3
Snow Plow Contractor 120.00 October 31
- for each plate 10.00
4. The said By-law No. 2002-189 is amended by adding thereto Schedule No. 4, Relating to Snow Plow Contractors.
5. Paragraph (j) of Section 51 of the said By-law No. 2002-189 is amended by striking out the punctuation “.” where it occurs therein and substituting therefor the punctuation “;” .
6. Section 51 of the said By-law No. 2002-189 is amended by adding thereto the following paragraphs:
(k) by repealing paragraphs (90), (91) and (92) of Section 1;
(l) by repealing paragraph (29) of Section 2;
(m) by striking out the term “Snow Plow Contractor” in Schedule No. 1;
(n) by repealing Schedule No. 30 Relating to Snow Plow Contractors.
7. This by-law shall come into force and take effect on the 1st day of October, 2002.
ENACTED AND PASSED this day of , 2002.
CITY CLERK MAYOR
SCHEDULE NO. 4
Relating to Snow Plow Contractors
1. Every snow plow contractor shall obtain a snow plow contractor’s license.
2. This
schedule does not apply to persons engaged in the business of clearing snow
with a hand-held snow shovel or with manually pushed snow-blowing equipment.
CONDITIONS FOR ISSUANCE OR RENEWAL
OF A SNOW PLOW CONTRACTOR LICENSE
3. No
snow plow contractor’s license shall be issued or renewed unless the applicant:
(a) is
at least eighteen (18) years of age,
(b) has
provided an address within the National Capital Region accessible from the
street to which the public has reasonable access to make inquiries in person
about the business,
(c) has
filed proof of insurance for each snow plow to be used in the business in
accordance with the requirements of Sections 5 and 6,
(d) has
registered each snow plow used in the business by filing a list indicating for
each snow plow, the make, model, year and the Motor Vehicle Plate Number or,
where a Motor Vehicle Plate is not issued pursuant to the Highway Traffic Act
(Ontario), the Vehicle Identification Number, and
(e) has
filed proof of good repair for each snow plow used in the business.
4. Upon issuance of a snow plow contractor’s license, the Chief License Inspector shall:
furnish one (1) plate bearing an identifying number for each of the snow plows listed in clause 3(d).
5. With respect to every vehicle required to be licensed under the Highway Traffic Act (Ontario), every snow plow contractor shall file proof of Motor Vehicle Liability insurance coverage subject to a limit of not less than One Million Dollars ($1,000,000.00); such insurance coverage shall be inclusive per occurrence for bodily injury, death, accident benefits and including damage to property occasioned by any accident arising out of the plowing operation of any licensed motor vehicle to be used in the business in respect of which a license is applied for.
6. With respect to vehicles and equipment not required to be licensed under the Highway Traffic Act (Ontario), every snow plow contractor shall file proof of Comprehensive/Commercial General Liability insurance coverage subject to a limit of not less than One Million Dollars ($1,000,000.00); such insurance coverage shall be inclusive per occurrence for bodily injury, death, accident benefits and including damage to property occasioned by any accident arising out of the plowing operation of any unlicensed vehicle and equipment to be used in the business in respect of which a license is applied for.
7. Every
snow plow shall have attached to or painted on both sides a sign clearly
showing the name and telephone number of the business in letters and figures
not less than eight centimetres (8 cm) in height.
8. Every
snow plow operator shall surrender his or her driver’s license issued under the
Highway Traffic Act (Ontario) or under the law of another jurisdiction and
permit for the vehicle issued under the Highway Traffic Act (Ontario) or under
the law of another jurisdiction for inspection when requested by any license inspector,
municipal law enforcement officer or police officer.
9. (1) Every licensee may register additional
snow plows or remove a snow plow from the register referred to in clause 3(d)
by complying with the requirements set out in clauses 3(c), 3(d) and 3(e) for
issuance or renewal.
(2) Every licensee shall ensure that every snow plow used in the business is registered with the Chief License Inspector pursuant to clause 3(d) or subsection 9(1).
(3) The Chief License Inspector shall furnish one (1) plate for each of the snow plows added to the register pursuant to subsection 9(1).
(4) Every licensee who removes a snow plow from the register pursuant to subsection 9(1) shall return the plate furnished by the Chief License Inspector.
10. (1) Every licensee shall ensure that a
record is made in a ledger book with the entries transcribed in ink in a clear
and legible manner, or in a recording system approved by the Chief License
Inspector, indicating:
(a) the
municipal address of every site for which a snow plowing or snow removal
contract has been entered into,
(b) the
name and address of the person who entered into the snow plowing or snow
removal contract referred to in clause 10(1)(a),
(c) the
day, month, year and time of every snow plowing or snow removal activity,
(d) the
snow plow operator performing the snow plowing or snow removal activity, and
(e) the plate number of the snow plow used in performing the snow plowing or snow removal activity.
(2) Every licensee shall ensure that the records referred to in subsection 10(1) are retained for a period of ninety (90) days.
(3) Every
licensee shall ensure that, when requested by the Chief License Inspector at
any time during business hours, the records referred to
in subsection 10 (1)
are produced for inspection and that the Chief License Inspector is permitted
to remove any transaction record from the premises for the purpose of
photocopying or for use in any court or other proceedings.
11. No licensee shall permit or allow any snow plow that is not registered with the Chief License Inspector to be used in his or her business.
12. No licensee shall use any snow plow that is not registered with the Chief License Inspector to be used in the snow plow contractor’s business.
13. Every licensee shall ensure that the plate furnished pursuant to clause 4(b) or clause 9(3)(b) is securely attached to the rear of the snow plow so as to be clearly visible to the public during the currency of the license.
14. Every licensee shall ensure that:
(a) the
information on the sign referred to in Section 7 is clearly visible to the
public at all times, and
(b) the
information on the plate referred to in clause 4(b) or clause 9(3)(b) is
clearly visible to the public at all times.
15. (1) No licensee shall throw push, plow, dump or otherwise deposit snow or ice on a street.
(2) Every licensee shall ensure that his or her snow plow operator does not throw, push, dump or otherwise deposit snow or ice on a street.
16. Every licensee shall return the plate furnished by the Chief License Inspector for each snow plow that is no longer in service or used in the licensee’s business.