HomeMy WebLinkAbout21 069 On-Street Patio By-law
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2021 -069
BEING A BY-LAW TO REGULATE SEASONAL ON-STREET PATIOS
WITHIN THE MUNICIPALITY OF KINCARDINE
WHEREAS Sections 8 (1) and 9 of the Municipal Act, 2001 S.O. Chapter 25 (the
Act), 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
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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 11(2) of the Act authorizes a lower-tier municipality to
pass by-laws respecting health, safety and well-being of persons and 11(3)
authorizes by-laws respecting highways, including parking and traffic on
highways;
AND WHEREAS Section 151 of the Act provides that a municipality may
provide for a system of licences with respect to a business;
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems it advisable to license, regulate and govern On-Street Patios within the
Municipality of Kincardine;
NOW THEREFORE the Council of The Corporation of the Municipality of
Kincardine ENACTS as follows:
1.0 DEFINITIONS
The following definitions shall apply for the purposes of this by-law:
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Advisory Committee appointed by the Council of The
Corporation of the Municipality of Kincardine.
1.2 e5a-TI_ 8VNWZKMUMV\\ ANNQKMZf \[PITT UMIV I KWUUQ\[\[QWVIQZM$
assistant or and other officer or civilian person 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" shall mean the Clerk or designate of the Municipality of
Kincardine.
1.4eCouncil" shall mean the Council of The Corporation of the
Municipality of Kincardine.
1.5"permit" shall mean a permit under the provisions of this by-law.
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1.6 "Medical Officer of Health" shall mean the Medical Officer of
Health for the Grey Bruce Health Unit or their duly authorized
delegate.
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Kincardine.
1.8 "operate" shall mean the act of selling, offering for sale, or
otherwise dispensing of refreshments.
1.9 "Operator" shallmean the person to whom the permit has been
issued and whoassumes the primary responsibility for complying
with this by-law.
1.10 eDXMKQIT 8^MV\\f \[PITT UMIV a one time, annual or infrequently
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.
1.11 eOn-Street BI\\QWf \[PITT UMIV \\PM Temporary Sidewalk constructed
through the on-street parking space and the sidewalk portion of
the boulevard used for a Patio Area.
1.12 eBI\\QW Areaf \[PITT UMIV \\PM \[QLM_ITS XWZ\\QWV WN \\PM JW\]TM^IZL NWZ I
passive seating area for the public or patrons of a food or
beverage service business.
1.13eEMUXWZIZa DQLM_ITSf shall mean the temporary sidewalk
constructed through street parking spaces used as a pedestrian
by-pass pathway.
2.0 PROCEDURE FOR APPLICATION
2.1 Every application for an On-Street Patio permit shall:
2.1.1 be submitted annually in the form prescribed by the Clerk
at least 30 days prior to the intended installation date;
2.1.2 be accompanied by the required administration fee as
per the current Municipality of Kincardine Rates and Fees
By-law;
2.1.3 be accompanied by a photograph of the intended site
location;
2.1.4 be accompanied by proof of insurance asdescribed in
Section 9hereof;
2.1.5 be accompanied by an On-Street Patio Site Plan in
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hereto and forming part of this by-law;
2.1.6 be accompanied by a completed Accessibility Checklist,
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law;
2.1.7 be signed by the applicant who shall certify as to the
truth of the contents of the application;
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2.1.8 be accompanied by any documentation required in
section 4.1.
2.2 The Clerk of the Municipality or their delegate shall receive,
investigate, and consider all requests for On-Street Patio
permits, and refuse approval, approve, or approve a request with
such changes and conditions as the Clerk deems necessary in
the circumstances to ensure compliance with this by-law and
that are in the public interest.
2.3 Prior to approving an On-Street Patio permit, the Clerk shall
submit the application to the Business Improvement Area and
the Accessibility Advisory Committee for comment.
2.4 Issuance of an On-Street Patio permit is conditional upon the
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the highway and such approval shall be subject to the following
considerations:
2.4.1 ensuring a minimum temporary sidewalk of 1.5m at all
times;
2.4.2 ensuring compliance with the location of the On-Street
Patio and consideration of other circumstance tending to
restrict the free movement of pedestrians;
2.4.3 not obstructing or interfering with public travel, any public
service or maintenance operations;
2.4.4 not creating any public safety hazard, including sight
obstructions;
2.4.5 compliance with the requirements of the Accessibility
Design Standards I\\\\IKPML PMZM\\W I\[ DKPML\]TM e6f;
2.5 4Va LMKQ\[QWV WN \\PM 6TMZSd\[ 7MXIZ\\UMV\\ \\W approve with
conditions, refuse, suspend or revoke a permit 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.
3.0 GENERAL PROVISIONS
3.1 No person shall construct, erect or alter an On-Street Patio, or
permit an On-Street Patio to be constructed, erected or altered,
without first obtaining a permit in accordance with the provisions
of this by-law.
3.2 Any barriers or other materials used for the On-Street Patio must
be constructed to be completely removed within 24 hours, if
required. The Municipality retains the right of access to the On-
Street Patio area for the installation, maintenance and repair of
pipes, cables, wires, poles hydrants, etc. as necessary and for
emergency vehicle access. In case of an emergency, no notice
will be given.
3.3 No person shall permit or allow any sound contrary to the
provisions of the noise control by-law for the Municipality.
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3.4 No person shall operate any amusement device or game within
any outdoor patio area.
3.5The On-Street Patio may be established only after the execution
of a Sidewalk Patio Agreement between the applicant and the
Municipality. Authority for the Municipality to enter the Sidewalk
Patio Agreement shall be delegated by Council to the Chief
Administrative Officer, and the Clerk.
4.0 OPERATING CRITERIA
4.1 Where the applicant proposes to sell or offer for sale alcoholic
beverages from the Patio Area, the operator shall adhere to the
regulations prescribed by the Alcohol and Gaming Commission of
Ontario (AGCO), unless a higher standard is stipulated by the
Municipality. Proof of authorization by the AGCO to licence the
Sidewalk Patio area for the consumption and service of alcoholic
beverages shall by supplied by the Operator, to the Clerk prior to
commencing service.
4.2 The Operator of a Sidewalk Patio shall be exempt from the
requirements of the ?\]VQKQXITQ\\ad\[ Alcohol Risk Management
Policy GG.1.6 provided all other requirements of this By-law are
met.
4.3 No personshall operateaPatio Areawithout affixing an On-
Street Patio permit issued under the provisions of this by-law in a
conspicuous place on the patio for which it is issued.
4.4 No person shall operate an On-Street Patio in a location other than
those areas specified below:
4.4.1 On streets with existing on-street parking
4.4.2 Within an existing parking space.
4.5 Notwithstanding Section 4.4, On-Street Patio shall not be permitted
to locate:
4.5.1 Where it would cover a water shut off or cleanout, impacting
maintenance or emergency operations;
4.5.2 Within 5 meters of a hydrant;
4.5.3 In designated accessible parking spots, without a
recommended exemption from the Accessibility Advisory
Committee;
4.5.4 In a way that impedes the use of accessible parking or
accessible paths of travel;
4.5.5 within 15 meters of an intersection; or within 30 meters of a
signalized intersection without a field review and a
recommended exemption from municipal staff;
4.6 No person shall transfer a permit except with consent in writing of
the Municipality and the Municipality shall not be bound to give
such consent.
4.7 No person shall operate a Patio Area between the hours of 11:15
p.m. and 8:00 a.m. of the next day.
4.8 No person shall use a generator in conjunction with an On-Street
Patio.
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4.9 No Operator shall permit advertising, banners or signage, on an
On-StreetPatio, excepting traffic related signage and those signs
expressly permitted in this by-law.
4.10 All tables and chairs shall be removed and stored inside each
night, if practicable. If indoor storage is not practicable all tables
and chairs shall be stacked and secured in such a way that they
cannot be moved. Failure by the business to comply could mean
suspension of the permit.
4.11 No operator of an On-Street Patio shall conduct business from
areas not designated as Sidewalk Patio unless permission has
been granted by the Municipality.
4.12 No person shall permit electrical power cords or any device that
crosses the travelled portion of the Temporary Sidewalk.
4.13Every Operator shall ensure that all refuse generated by the
operation of an On-Street Patio shall be disposed of in accordance
with \\PM ?\]VQKQXITQ\\ad\[ GI\[\\M ?IVIOMUMV\\ 5a-laws. The placing of
refuse in a sidewalk refuse container provided by the Municipality is
not sufficient to constitute removal, nor is permitting litter to be blown
from the patio area.
4.14 Every Operator shall ensure the On-Street Patio, any and all
accessories and equipment, and the immediate vicinity shall be
kept within the Patio Area, in good repair and a clean and
sanitary condition at all times.
4.15 Every Operator shall ensure that:
4.15.1 all employeesare familiar with the contents of this by-law,
and
4.15.2 any operator or employee under his control, management or
supervision does notbreachanyofthe provision of this by-
law.
4.16Every Operator shall ensure that all conditions expressed by the
Municipality of Kincardine Fire Department, the Medical Officer of
Health, or the Clerk, forming part of any approval, shall be adhered
to at all times.
4.17 Every Operator shall comply with all applicable Municipal,
Federal and Provincial provisions and regulations.
4.18 The term of each permit shall be no earlier than the first day
of May and no later than the thirty-first day of
Octoberineach
year,andnopermitshallbeissuedexceptonpaymentofthe
full amount of the prescribed fee.
4.19 Every On-Street Patio permit holder shall ensure that the On-
Street Patio is constructed and erected as approved by the
Clerk and as set out in the On-Street Patio permit application,
and any proposed changes are subject to the approval of the
Clerk.
5.0 PATIO AREA CRITERIA
5.1 No Patio Area shall extend beyond the frontage of the business to
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which it belongs.
5.2No person shall operate a Patio Area in a location where the
operation of the patio would conflict with an existing agreement of
Council or any of its committees or local boards unless written
permission is granted by the lessee.
5.3 The operator shall ensure that the perimeter of the patio area is
delineated with fencing to form a fully enclosed perimeter that is
cane detectable at the leading edge, trailing edge and every 3m.
5.4 Access to the Sidewalk Patio area shall have a minimum
unobstructed width of 1.5 meters.
5.5 No part of the outdoor patio area (including plants and awnings or
umbrellas) may extend into the Temporary Sidewalk.
5.6 Lighting may be used to add safety and character to the patio
space. Exterior lighting shall not spill into abutting private property
or interfere with the public thoroughfare. Lighting should be
demountable with no exposed cables.
5.7 Outdoor patio furniture shall not be secured to sidewalks,
lampposts, streets lights, trees, or other public street furniture.
5.8 No Operator shall locate an On-Street Patio so as to obstruct an
underground utility access, electrical transformer vaults, utility
boxes, loading zones and other infrastructure.
5.9 No Operator shall locate an On-Street Patio so as to obstruct
stormwater flows or block stormwater drains. The Operator shall
be responsible for clearance of any debris and overall
maintenance to ensure free flow.
6.0 TEMPORARY SIDEWALK CRITERIA
6.1 The deck must be constructed of a slip resistant surface.
6.2 The deck (floor structure) must have a flush transition at the
sidewalk and curb to permit easy access and avoid tripping
hazards.
6.3 Guardrails shall be installed so as to prevent pedestrians
from accessing the roadway while travelling the temporary
sidewalk.
6.4 No sign or advertising device may be displayed, except in
accordance with the Sign By-law.
6.5 Every Operator shall affix signage to the Patio Area directing
pedestrians to the Temporary Sidewalk for use as a
pedestrian access pathway.
6.6 Every operator shall be responsible for supplying and
installing jersey barriers or other barriers required for the
protection of pedestrians.
6.7 Special Event Provisions
6.7.1 On-Street Patios shall be permitted to operate during
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special events.
6.7.2 Operators shall not be permitted to use any portion of
the Temporary Sidewalk, including when the roadway
is closed for a special event or other reason.
7.0 INSTALLATION GUIDELINES
7.1No operator shall install an On-Street Patio without an approved
Road Occupancy Applicationfor the time period of the installation.
7.2During installation of the Pedestrian Access Pathway, the operator
shall:
7.2.1 Ensure that all barricades, signs, signals, traffic control
person, traffic control devices, detour design and signing
shall meet Book 7 of the Ontario Traffic Manual c
Temporary Conditions requirements and shall be the sole
responsibility of the applicant.
7.2.2 shall maintain access to all public and private properties for
the duration of the work.
7.2.3 request marking or other location information to determine
the location and provide safeguards for all utilities, both
public and private, in accordance with current regulations
7.3 Installation must be inspected by the Municipality and meet the
requirements of the Municipality prior to being occupied.
8.0 FEES
8.1 An application fee shall be charged in accordance with the
current Municipality of Kincardine Rates and Fees By-law.
8.2 A lease fee shall be charged on a monthly basis in accordance
with the current Municipality of Kincardine Rates and Fees By-
law. Failure to pay the required lease fee will result in a
suspension or revocation of the permit.
8.3 No permit shall be issued unless the required application fee has
been paid in full.
9.0 INSURANCE & INDEMNIFICATION
9.1 The Operator must provide the Municipality with a valid insurance
certificate:
9.1.1 If no alcohol is served in the Patio area: of a minimum of
two million dollars ($2,000,000.00) liability insurance and
name the Municipality as an additional insured.
9.1.2 If alcohol is permitted to be served in the Patio Area: of a
minimum of five million dollars ($5,000,000.00) liability
insurance and name the Municipality as an additional
insured.
9.2 The Operator must provide proof of insurance prior to permit
being issued.
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9.3 The Operator 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 Operator, it's officers, agents, servants, employees,
customers, invitees or Operators, or occurring in or on the
premises or any part thereof and, as a result of activities under
this agreement.
10.0 PENALTIES
10.1 Every person who contravenes any of the provision of this by-
law is guilty of an offence and is subject to the penalties as
prescribed in the Provincial Offences Act, R.S.O. 1990 Ch. P.33,
as amended or by suspension or revocation of any permit issued
under this by-law.
10.2 The Municipality reserves the right to refuse, suspend or revoke a
permit.
10.3 All provisions of this by-law may be enforced by the Municipal By-
law Enforcement Officer.
10.4 No person shall hinder or obstruct, or attempt to hinder or
obstruct, any person who is exercising a power or preforming a
duty under this by-law.
11.0 MISCELLANEOUS
11.1 That this by-law shall come into full force and effect upon its final
passage.
11.2 This by-TI_ UIa JM KQ\\ML I\[ \\PM eOn-Street Patio By-TI_f&
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READ a FIRST and SECOND TIME this 12 day of April, 2021.
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READ a THIRD TIME and FINALLY PASSED this 12 day of April, 2021.
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Deputy Mayor Clerk
On-Street Patio Site Plan c Required
Information:
To assist with the On-Street Patio Site Plan design, the applicant is required to provide
a site plan, preferably on 11 by 17 ledger size paper to scale and properly labelled
with the following minimum information:
1.Temporary sidewalk design, location and dimensions, and construction
materials
2.Number of on-street parking spaces required.
3.The location and dimension of the building establishment, the entrances,
exits and washrooms (locations and numbers);
4.The location and use of the adjacent buildings, the entrances and exits;
5.The location and dimension of the Sidewalk Patio, the entrances and exits;
6.The area of the Sidewalk Patio (in square meters);
7.Location and dimension of any enclosures, umbrellas, tents, awnings, etc.;
8.The location, height and construction material used for the boundary fence,
gate location and width of gates;
9.Locationoftables,chairs,fireextinguishers,bars,stages,etc.;
10. Expected occupant load;
11.Location of jersey barriers or other barriers required for the protection of
pedestrians;
12. Location of ALL municipal services and assets within the Sidewalk Patio or near
the Pedestrian Access temporary sidewalk (examples, location of curbs,
municipal parking spaces to be utilized, hydro poles, fire hydrants, storm sewer
grates, manholes, trees and all below grade and above grade utilities including
chambers/vaults, water lines, sewer lines and other underground utilities. Also
identify whether any public street fixtures and furniture, banners or flower
baskets are required to be removed or relocated to accommodate the design.
Additional fees may apply for removal or relocation.
13. Applicants will be required to demonstrate that no municipal fixture, utility or
drainage flow is being impacted. In the event that a fixture or utility appears to
be impacted, written approval is required from the agency or department
responsible for the fixture.
Below is a sample design of a patio area and temporary sidewalk
ACCESSIBILITY FOR ONTARIANS WITH DISABILITIES ACT, 2005
Ontario Regulation 191/11 Integrated Accessibility Standard
80.23 When constructing new or redeveloping existing exterior paths of travel that
they intend to maintain, obligated organizations, other than small organizations,
shall ensure that new and redeveloped exterior paths of travel meet the following
requirements:
1.The exterior path must have a minimum clear width of 1,500 mm, but
this clear width can be reduced to 1,200 mm to serve as a turning space
where the exterior path connects with a curb ramp.
2.Where the head room clearance is less than 2,100 mm over a portion of
the exterior path, a rail or other barrier with a leading edge that is cane
detectable must be provided around the object that is obstructing the
head room clearance.
3.The surface must be firm and stable.
4.The surface must be slip resistant.
5.Where an exterior path has openings in its surface,
i.the openings must not allow passage of an object that has a
diameter of more than 20 mm, and
ii.any elongated openings must be oriented approximately
perpendicular to the direction of travel.
6.The maximum running slope of the exterior path must be no more than
1:20, but where the exterior path is a sidewalk, it can have a slope of
greater than 1:20, but it cannot be steeper than the slope of the adjacent
roadway.
7.The maximum cross slope of the exterior path must be no more than
1:20, where the surface is asphalt, concrete or some other hard surface,
or no more than 1:10 in all other cases.
8.The exterior path must meet the following requirements:
i.It must have a 1:2 bevel at changes in level between 6 mm and
13 mm.
ii.It must have a maximum running slope of 1:8 or a curb ramp that
meets the requirement of section 80.26 at changes in level of
greater than 13 mm and less than 75 mm.
iii.It must have a maximum running slope of 1:10 or a curb ramp
that meets the requirement of section 80.26 at changes in level of
75 mm or greater and 200 mm or less.
iv.It must have a ramp that meets the requirements of section 80.24
at changes in level of greater than 200 mm.
9.The entrance to the exterior path of travel must provide a minimum clear
opening of 850 mm, whether the entrance includes a gate, bollard or
other entrance design. Ontario. Regulation 413/12, section 6.
O Reg
DO YOU HAVE ANOTHER EXTERIOR PATH OF TRAVEL?
O Reg
DO YOU HAVE ANOTHER EXTERIOR PATH OF TRAVEL?