Loading...
HomeMy WebLinkAbout24 066 - Special Events Policy By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT BY-LAW NO. 2024 — 066 Being a By-law to Adopt a Special Events Policy for The Corporation of the Municipality of Kincardine Whereas pursuant to the said Municipal Act, Sections 8 and 9 provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; and Whereas Section 270 (1) of the Municipal Act 2001, S.O. 2001, c. 25, as amended, requires a municipality to adopt and maintain a policy with respect to the manner in which the municipality will try to ensure that it is accountable to the public for its actions, and the manner in which the municipality will try to ensure that its actions are transparent to the public; and Whereas the Council of the Corporation of the Municipality of Kincardine desires to adopt a new Special Events Policy; now therefore be it Resolved that the Council of The Corporation of the Municipality of Kincardine Enacts as follows: That the Special Events Policy for The Municipality of Kincardine, attached hereto as Schedule `A' and forming part of this By-law be adopted. 2. That this By-law shall come into full force and effect upon its final passing. 3. That all other Policies passed by By-law and Resolution inconsistent with this By- law, be repealed. 4. That By-law may be cited as the "Special Events Policy By-law". Read a First, Second and Third Time and Finally passed this 24th day of April, 2024. Kenneth Craig Signed with ConsignO Cloud (2024/04/27) _� G rJ Verify with verifio.com or Adobe Reader. Mayor Jennifer Lawrie Signed with ConsignO Cloud (2024/04/30) • Verify with verifio.com or Adobe Reader. Clerk Page 2 of 6 Special Events Policy By-law By-law No. 2024 - 066 Schedule `A' Policy No.: REC.04 Section: Your Livable Future Policy Title: Special Events Policy Adopted Date: April 24, 2024 By-law No.: 2024 - 066 Revision Date: 1. Purpose The Special Events Policy provides the framework for the logistics, regulation, facilitation, organization, communication, and safety of special events held within the Municipality of Kincardine. The Municipality of Kincardine recognizes the importance of special events in enhancing the quality of life, economic benefits to local businesses, and community pride, as well as positively impacting tourism, culture, and recreation. These benefits are made possible by the invaluable service of the many volunteers, community groups, sponsors, and service groups that contribute their support and skills to the events in our community. 2. Scope This policy applies to the Community Services departments as well as the additional departments and staff involved in the Special Events Review Team. This policy applies to all special event groups and organizers submitting a special event request within the Municipality of Kincardine. The Municipality of Kincardine intends to be proactive in attracting new special events to the Municipality, as well as working with existing event organizers to further the success of their activity. The objectives of the Special Events Policy are: a) Provide logistical assistance for special event operations using property, streets and/or equipment belonging to the Municipality of Kincardine; b) Ensure that events abide by all municipal by-laws and regulations; c) Facilitate, organize, and communicate public use of municipal property and equipment throughout municipal departments; and d) Ensure that all requested events run as safely as possible. 3. Definitions "Applicant" shall mean any group or individual who applies to host a special event or private function. "Special Event" shall mean a one time, annual or infrequent occurring event being held on Municipality of Kincardine property that is exclusively reserved for the occasion. It must have predetermined opening and closing dates/times and be open to public participation/attendance. "Private Function" shall mean activities that do not meet the criteria, but may still be permitted to occur as a Private Function (i.e. outdoor weddings or family reunions held on Municipality of Kincardine property) and may be subject to some or all of the policies and procedures contained in this policy. 4. Responsibility Community Services staff are the key personnel responsible for the review and administration of this policy and procedures. Municipal staff from various municipal departments are part of the Special Events Review Team who provide answers and recommendations on behalf of their respective departments. Page 3 of 6 Special Events Policy By-law By-law No. 2024 - 066 5. Procedure/ Policy The logistics involved in special event planning include: a) The completion of a Special Event Application (online); b) Review by the Special Events Review Team; c) Departmental approvals; and d) As necessary, public notification of the event. The management of special events on municipal property requires the coordinated efforts of the special event applicant and municipal staff to ensure safe operation and adherence to applicable legislation, by-laws, policies and procedures. Minor clarifications to this policy's intent and workings shall be subject to the interpretation of the Municipality of Kincardine's Community Services staff that oversee this policy. Staff are authorized to make minor adjustments as required. 5.1. Planning Approvals Items requiring attention and approvals by Municipality of Kincardine staff for Special Events are as follows: a) Facility & Park Rentals All facilities and parks must be booked by the event organizer prior to the application being submitted for review. Facility rental pricing is in accordance with the Municipality's current "Consolidated Rates & Fees By-law" available on the municipal website. To book a facility, the Rental Request Form must be completed, which is located on the Municipal website. b) Accessibility Considerations Event organizers are requested to consider accessibility for their events by commenting on parking, access to facilities, porta potties, signage, etc, that must be in compliance with all Accessibility for Ontarians with Disabilities Act (AODA). c) Entertainment Event organizers are to comment on any entertainment for the event including inflatables, petting zoos, animals shows, sleigh rides, fireworks, etc. Event organizers that plan to have inflatables at their event must follow the Technical Standards & safety Authority (TSSA) requirements for inflatables to ensure it is both set-up safely and appropriately supervised during the event. Event organizers that plan to have fireworks at their event must consult the Risk Management Considerations for Fireworks as well as the Municipal Fireworks By-law 2018 — 040. d) Municipal Alcohol Policy All applicants wishing to serve alcohol must abide by the regulations set out by the Alcohol and Gaming Commission (AGCO) and the Municipal Alcohol Policy (GG.1.6), including security needs, ability to sell tickets, advertising restrictions, etc. A copy of the event SOP must be provided to the Municipality prior to the event taking place as well as Certificate of Insurance in the amount of $5,000,000 ($5M). e) Food Vendors or Refreshment Vehicles Food vendors and refreshment vehicles must complete the application and provide all required documents including proof of insurance as described in section k). The Refreshment Vehicle Special Event application can be found on the Municipal website. If the vendor has been issued a current Refreshment Vehicle Permit from the Municipality of Kincardine, the Refreshment Vehicle Special Event application is not required. Page 4 of 6 Special Events Policy By-law By-law No. 2024 - 066 f) Exemption to Noise By-law All applicants requesting to an exemption to the Noise Control By-law should reference Noise Control By-law No. 2008 — 076. Any exemptions will require approval from Council. g) Stage & Stage Structure Supports The Municipality is responsible, under the Ontario Building Code for regulating stage and stage structures that must be reviewed by the event organizer. Event organizers should contact the Building Department for further review to determine the need for a building permit. h) Tents The Municipality of Kincardine is responsible, under the Ontario Building Code, for regulating tents. Depending on various aspects of the tent (i.e. size, whether it is attached to a building, distance from other buildings/structures), a permit, among other items may be required. Tents sized greater that 646 sq. ft. require a Tent Permit through the Building and Planning Department, engineered drawings, and an inspection by the Building Department; tents greater than 2421 sq. ft require a building permit, engineered drawings inspection by the Building Inspector, and a site review by an engineer. Applicants are encouraged to contact the Building Department to discuss specific requirements. i) Road Closures All temporary road closures (i.e. street festivals, parades, etc) needed to facilitate the event must be approved by the Municipality of Kincardine via the application. Applicants must ensure adequate signage and barricades as well as provide adequate emergency access at all times to the satisfaction of the Emergency Services and Operations Departments. On the Special Event Application please indicate the date, times of the closure/reopening of road, as well as the route or area requested for closure. j) Volunteers Event organizers are responsible for ensuring there is adequate volunteer coverage at each of the road closures. Volunteers must be wearing reflective safety vests, and the use of walkie-talkies is encouraged. k) Insurance Coverage Commercial General Liability Insurance Commercial General Liability Insurance satisfactory to the Municipality and underwritten by an insurer licensed to conduct business in the Province of Ontario. The policy shall provide coverage for Bodily Injury, Property Damage and Personal Injury and shall include but not limited to: i. A limit of liability not less than $2,000,000/occurrence with an aggregate of not less than $2,000,000. ii. Add the Municipality as an additional insured with respect to the operations of the Named Insured. iii. The policy shall contain a provision for cross liability and severability of interest of the Named Insured. iv. Non -owned automobile coverage with a limit not less than $2,000,000 and shall include contractual non -owned coverage (SEF 96) V. Tenants' Legal Liability vi. Products and completed operations coverage vii. Broad Form Property Damage viii. Contractual Liability ix. The policy shall provide 30 days prior notice of cancellation X. Host Liquor Liability (if applicable) Page 5 of 6 Special Events Policy By-law By-law No. 2024 - 066 Property Insurance Property Insurance for any property being brought onto municipal property owned by the renter. Primary Coverage The proponent's insurance shall be primary coverage and not additional to and shall not seek contribution from any other insurance policies available to the municipality. Certificate of Insurance The proponent shall provide a Certificate of Insurance evidencing coverage in force for at least 10 days prior to contract commencement. Indemnification and Hold Harmless Clause The Supplier shall defend, indemnify and save harmless the Municipality of Kincardine, its elected officials, officers, employees and agents from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages or every nature and kind whatsoever, including but not limited to bodily injury, sickness, disease or death or to damage to or destruction of tangible property, including loss of revenue or incurred expense resulting from disruption or service, arising out of or allegedly attributable to the negligence, acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of the Supplier, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the delivery or performance of this Contract. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the Supplier in accordance with this Contract and shall survive this Contract. The Supplier agrees to defend, indemnify and save harmless the Municipality of Kincardine from and against any and all claims of any nature, actions, causes of action, losses, expenses, fines, costs (including legal costs), interest or damages of every nature and kind whatsoever arising out of or related to the Supplier's status with WSIB. This indemnity shall be in addition to and not in lieu of any proof of WSIB status and compliance to be provided by the Supplier in accordance with this Contract and shall survive this Contract. 1) Lottery License Any event requiring a lottery license, please refer to the AGCO (Alcohol Gaming Commission of Ontario) and contact Legislative Services Department to complete an application. m) Health & Safety Event Organizers must comply with all applicable health and safety laws, including the Occupational Health and Safety Act and the Ontario Food Premises Regulations. n) First Aid Event Organizers must ensure that they are prepared for any first aid emergencies that may arise during their event. Being prepared depends on the size and activity of the special event. Event organizers should always have a first aid kit on site and if the special event is large in attendance and/or a more active special event consideration should be in having St. Johns Ambulance volunteers on location. Page 6 of 6 Special Events Policy By-law By-law No. 2024 - 066 o) Event Site Plan Event organizers are to submit with their application an event site plan that illustrates the set-up/lay-out for their event including where any tents or stages will be set up, as well as entertainment areas, road closures, etc. This should also include the elements of traffic flow and parking management and how it may be affected by the special event and what considerations or options the organizers have considered for the event to be successful and accessible to the public. This assists the review team in their evaluation of the event and providing feedback to the organizers. p) Fire Safety Ensure fire access routes are always maintained with no obstructions. q) Washroom Facilities The number of washrooms required for a special event shall be determined by the Building Department as per the Ontario Building Code. r) Recycling and Waste Disposal The Municipality of Kincardine is dedicated to improvement of the environment and reduction of waste sent to the landfill. Kincardine encourages event organizers to plan their events targeting minimal waste generation by ensuring recycling opportunities and other "green" initiatives are available for their patrons. Event organizers for smaller special events must ensure that any waste generated from the event is placed in the garbage cans provided for the event. Larger events that generate a significant amount of garbage will be responsible for disposing of their own garbage at the landfill. s) Municipal Equipment Equipment requests are not guaranteed. Confirmation of availability will be provided following the processing and review of the application. Municipal staff will drop the equipment off and pick it up but will not set it up for the event, that is the responsibility of the event organizers. It is expected that the equipment will be returned in the same condition as when it was leant out. 6. Related Policies Municipal Alcohol Policy GG.1.6 7. Related Documents/Legislation Municipal Fireworks By-law 2018-040 Noise Control By-law 2008-076 Consolidated Rates & Fees By-law