HomeMy WebLinkAbout14 042 Seasonal Mobile Watersport Equipment Rental Business By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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B -LAW
NO. 2014 - 042
BEING A BY -LAW TO REGULATE SEASONAL MOBILE WATERSPORT
EQUIPMENT RENTAL BUSINESSES WITHIN THE MUNICIPALITY OF
KINCARDINE
WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25 as amended,
Sections 8 (1) and 9 provide that the powers of a municipality under this or any
other Act shall be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal
issues and 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 pursuant to the provisions of the said Municipal Act, Section
150 provides that a local municipality may licence, regulate and govern any
business wholly or partly carried on within the municipality [even if the business
is being carried on from a location outside the municipality];
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to licence, regulate and govern seasonal mobile watersport
equipment rental businesses within the Municipality of Kincardine;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1.0 DEFINITIONS
• 1.1 "Business Hours" — means the hours in a day in which business is
commonly conducted, for the purposes of seasonal mobile
watersport equipment rental activities these hours are 9:00 am to
9:00 pm Sunday to Saturday.
1.2 "By -law Enforcement Officer" — means a commissionaire, assistant
or and other officer or civilian person engaged by the South Bruce
O.P.P and /or appointed by the Municipality of Kincardine to enforce
or carry out the provisions of this by -law or any part or parts
thereof.
1.3 "Clerk" — means the Clerk for the Municipality of Kincardine.
1.4 "Council" — means the Council of The Corporation of the
Municipality of Kincardine.
1.5 "Director" - means the Director of Parks & Recreation for the
Municipality of Kincardine
1.6 "Licence" — means a licence issued under the provisions of this by-
law.
• 1.7 "Licensee" — means a person licensed under the provisions of this
by -law.
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Seasonal Mobile Watersport Equipment Rental Business By -Law
By -law No. 2014 - 042
1.8 "Municipality" — means The Corporation of the Municipality of
Kincardine "1.9 "Public Property" - means any real property, or
• interest therein, owned, leased, operated, or otherwise controlled
by the Municipality of Kincardine
1.10 "Seasonal Mobile Watersport Rental Business" — means a person
carrying on the business of operating a seasonal rental business for
human powered watersport equipment including paddleboards,
kiteboards, surf boards, kayaks, canoes and the like.
1.11 "Seasonal Mobile Rental Area" — means the area 400 meters south
of the south pier at Station Beach delineated in Schedule "A" of this
By -Law where a seasonal mobile watersport rental business may
be located.
1.12 "Seasonal Mobile Rental Site" — means a designated site for the
purposes of a mobile watersport rental business approved by the
Municipality.
1.13 "Season Duration" — means from April 1St to November 1st in a
given calendar year.
• 2.0 PROHIBITIONS:
2.1 No person shall operate a seasonal mobile watersport rental
business within the Municipality without having obtained a licence
pursuant to this By -law.
2.2 No person shall fail to affix a seasonal mobile watersport rental
business licence issued under the provisions of this by -law in a
conspicuous place for which it is issued.
2.3 No person shall operate a seasonal mobile watersport rental
business in a location other than the Seasonal Mobile Rental Site
approved by the Municipality.
2.4 No seasonal mobile watersport rental business shall be located in
such a manner that it unreasonably confines, impedes or presents
a hazard to pedestrians or other users of the beach, boardwalk or
emergency route.
2.5 No person shall transfer a licence except with consent in writing of
the Municipality and the Municipality shall not be bound to give
such consent.
2.6 No person shall operate a seasonal mobile watersport rental
business except during business hours during the season duration.
2.7 No person shall fail to remove their seasonal mobile watersport
rental business from public property during non - business hours.
Overnight parking of a seasonal mobile watersport rental business
on a seasonal mobile rental site is prohibited
2.8 No person shall equip a seasonal mobile watersport rental business
with any sounding device, loud speakers, amplifiers or other hailing
devices for attracting attention.
2.9 No person shall equip a seasonal mobile watersport rental business
with a generator or other such devise that are powered by gas,
diesel, propane, or any other fuel.
2.10 No person shall use the electrical outlets located on public property
• for use by the seasonal mobile watersport rental business.
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Seasonal Mobile Watersport Equipment Rental Business By -Law
By -law No. 2014 - 042
2.11 No person shall equip a seasonal mobile watersport rental business
with any solid structure, portable shelter or dwelling that you are
111 unable to see through, does not include a sun canopy or tent that
does not contain sides.
2.12 No person shall cut damage or remove dune grass or plants or
trees from the beach for the purpose of a seasonal mobile rental
site.
2.13 No person shall offer for sale or rent any item on the beach not
described in Section 1 of this by -law
3.0 REGULATIONS
3.1 A Licensee shall be responsible for the removal and disposal of any
and all refuse or trash that is created by the Licensee or their
customers in accordance with the Municipality's Waste
Management By -laws.
3.2 A Licensee shall comply with all applicable regulations of the
Ontario Fire Code and all requirements of the Kincardine Fire
• Department.
3.3 A Licensee shall at its own expense, promptly observe, perform,
execute and comply with all applicable laws, rules, requirements,
orders, directions, ordinance and regulations of every Federal,
Provincial, or Municipal authority in the operation of their individual
seasonal mobile watersport rental business .
3.4 A Licensee is permitted to use a sandwich board sign for
advertising, not to be bigger than 30" wide and 4' in height at the
seasonal mobile rental site during business hours only.
4.0 Administration
4.1 Every application for a licence shall be in the form as shown in the
attached Schedule `B' which forms part of this by -law.
4.2 Every application for a licence shall be accompanied by:
a. The full and true name under which the business is to be
conducted;
111 b. Acceptable written proof that the applicant is at least eighteen
years of age;
c. A description of proposed seasonal mobile watersport business
d. A photo of the applicants proposed seasonal mobile watersport
business including the logo, colour scheme, insignia, and any
other distinguishing characteristics;
e. When any change occurs regarding the written information
required, prior to the issuance of the licence, the applicant shall
give written notification of such changes to the Clerk within two
(2) weeks after such change.
4.3 Licence fees pursuant to this By -law shall be established through
the Municipality's Consolidated Rates & Fees By -law.
4.4 The Licensee must provide the Municipality with a valid insurance
certificate of a minimum of two million dollars ($2,000,000.00)
liability insurance and name the Municipality as an additional
insured. The Licensee must provide proof of insurance prior to
• commencing the business.
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Seasonal Mobile Watersport Equipment Rental Business By -Law
By -law No. 2014 - 042
4.5 The Licensee agrees to name The Corporation of the Municipality
of Kincardine in the Licensee's Release of Liability, Waiver of
• claims Assumption of Risks and Indemnity Agreement signed by
each customer.
4.6 The Licensee shall indemnify and hold harmless the Municipality of
Kincardine, its officers, members of municipal council and
employees from and against any liabilities, claims, expenses,
demands, loss, costs, damages, actions, suits or other proceedings
by whomsoever made, directly or indirectly arising out of the
agreement attributable 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 of service
and caused by any acts of omissions of the Licensee, it's officers,
agents, servants, employees, customers, invitees or licensees, or
occurring in or on the premises or any part thereof and, as a result
of activities under this agreement.
4.7 Applications will be processed and approved by the Clerk's
Department in consultation with the Director of Parks and
Recreation.
4.8 Applications will be awarded based on Municipality of Kincardine
Residents / Business, consideration of previous vending
agreements, proximity to other direct competition operating from a
building and impact on the neighbourhood and visual appearance.
4.9 Seasonal mobile rental site location preference will be balanced
with the proximity to other businesses and beach activity.
4.10 If more applications are received than the allotted spaces than a bid
or lottery process may be used to award the site.
4.11 All licences are valid for the designated seasonal mobile rental site
for the seasonal duration and are required to be renewed annually
and a separate licence fee paid yearly.
4.12 Any application that is denied will be outlined for the applicant and
shall be eligible for a new application for the following year.
4.13 Any decision of the Clerk's Department to refuse, suspend or
revoke a licence may be appealed to Council by filing, in writing, an
appeal with the Clerk within ten (10) days of the notice of decision
• being provided. All decisions made by Council on these matters
are final.
5.0 PENALITIES
5.1 Every person who contravenes any provisions of this by -law is
guilty of an offence and is subject to the penalties as prescribed in
the Provincial Offences Act, or by suspension or revocation of any
licence issued under this By -law.
5.2 The Municipality reserves the right to refuse, suspend or revoke a
licence.
5.3 All provisions of this by -law may be enforced by a By -law
Enforcement Officer of the Municipality.
•
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Seasonal Mobile Watersport Equipment Rental Business By -Law
By -law No. 2014 - 042
6.0 GENERAL
• 6.1 This By -law shall come into full force and effect upon its final
passage.
6.2 This By -law may be cited as the "Seasonal Mobile Watersport
Equipment Rental Business By -Law"
READ a FIRST and SECOND TIME this 9th day of April, 2014.
READ a THIRD TIME and FINALLY PASSED this 9th day of April, 2014.
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SCHEDULE `A'
SEASONAL MOBILE WATERSPORT EQUIPMENT
RENTAL BUSINESS BY -LAW
BY -LAW NO. 2014 - 042
SEASONAL MOBILE RENTAL AREA
STATION BEACH ROAD
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SCHEDULE `B'
• SEASONAL MOBILE WATERSPORT EQUIPMENT
RENTAL BUSINESS BY -LAW
BY -LAW NO. 2014 - 042
APPLICATION FOR A SEASONAL MOBILE WATERSPORT EQUIPMENT
RENTAL BUSINESS WITHIN THE MUNICIPALITY
Principal Owner /Licence Information
Business Name:
Last Name: First Name:
• Business Owner Address:
City: Province: Postal:
Business Phone: Home Phone: Cell Phone:
Email:
1 Proof of Liability Insurance of at least $2,000,000.00
1 1 Licence Fee as set out in the Municipality of Kincardine Rates and Fees
By -law
1 1 A photograph of proposed Seasonal Mobile Watersport Business including the
logo, colour scheme, insignia, and any other distinguishing characteristics;
Description of Business
III
1 1 Indicate Location Requested on following page
Description of preferred area being requested
I, (Full Name)
❑ am the person whose name appears directly above and I have authority to
make this application on behalf of the named business
❑ have fully and accurately completed this application
•
Signature Date
*The site permit {If successful) will be expire on November 1 and you must
re -apply each year*
SEASONAL MOBILE RENTAL AREA
0 STATION BEACH ROAD
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Indicate Location Requested by placing an X along the designated
seasonal mobile rental area.
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