The Corporation of the Town of South Bruce Peninsula. By-Law Number

Transcription

1 The Corporation of the Town of South Bruce Peninsula By-Law Number Being a By-Law to License and Regulate Rickshaws and Pedicabs in the Town of South Bruce Peninsula Whereas Section 151 of the Municipal Act, 2001 as may be amended from time to time, authorizes a municipality provide for a system of licences with respect to a business and to make provision for obtaining a licence and imposing conditions; And whereas the Town of South Bruce Peninsula deems it expedient to license and regulate rickshaw and pedicab businesses being operated in the Town. Now therefore the Council of the Town of South Bruce Peninsula enacts as follows: 1. Definitions For the purpose of this by-law, the following definitions shall apply: "Highway" shall mean any avenue, lane, road, road allowance or street under the jurisdiction of the Town of South Bruce Peninsula and used for travel. "Pedicab" shall mean a vehicle with more than two wheels propelled by human power and meant to carry passengers. "Rickshaw" shall mean a two wheeled vehicle propelled by human power and meant to carry passengers. "Vehicle" shall mean a thing meant to transport people or goods and shall include a pedicab and rickshaw. General Provisions - Owners 2.1 No person who owns a rickshaw or pedicab shall use said rickshaw or pedicab to carry passengers or be otherwise hired without first obtaining a license from the Town. 2.2 Every person who owns a rickshaw or pedicab shall obtain a separate license for each rickshaw or pedicab to be operated Each owner of a rickshaw or pedicab shall provide to the Town an address which will be considered to be the location from which the business will be operated.

2 2.3.2 No person shall operate a rickshaw or pedicab business from a location which is not zoned for the business/commercial use. 2.4 No person who owns a rickshaw or pedicab shall permit any person other than a licensed driver employed or otherwise retained by such owner to operate the rickshaw or pedicab or make them available for hire. 2.5 No person shall receive a license from the Town as the owner of a rickshaw or pedicab if they have not attained the age of eighteen (18) years. 2.6 No person who owns a rickshaw or pedicab shall allow such rickshaw or pedicab to operate without the license number issued by the Town affixed in a visible location. 3. General Provisions - Operators 3.1 No person shall operate a rickshaw or pedicab unless they have attained the age of sixteen (16) years. 3.2 No person shall operate a rickshaw or pedicab unless that person has a valid Ontario driver's license. 3.3 No person shall operate a rickshaw or pedicab in a manner which is considered to be unsafe, wreckless or in a manner which would endanger the safety of the public, driver or passenger. 3.4 A person may be the owner and the operator of the rickshaw or pedicab and will be required to obtain both an owner and operator licence. 3.5 A person who will operate a rickshaw or pedicab but who does not own the rickshaw or pedicab must provide a letter from the owner of the rickshaw or pedicab indicating that the operator is the volunteer, employee or is otherwise permitted by the owner to operate the rickshaw or pedicab. 3.6 No person shall operate a rickshaw or pedicab while under the influence of alcohol, illegal drugs or any substance which impairs the judgement of the operator. 4. Vehicle Standards 4.1 No person shall own or operate a rickshaw or pedicab which is not structured so as to be safe and stable with or without passengers. 4.2 No person shall own or operate a rickshaw or pedicab without having affixed on the rear a slow moving vehicle sign that meets the provisions contained in the Highway T raffic Act.

3 4.3 No person shall own or operate a rickshaw or pedicab without having affixed on the rear at least two red reflectors, one of which shall be affixed as nearly as possible to the extreme left side and one as nearly as possible to the extreme right side of the vehicle. 4.4 No person shall own or operate a rickshaw or pedicab which is not in a clean and sanitary condition. 4.5 No person shall own or operate a rickshaw or pedicab which is not in a good state of repair and appearance. 4.6 No person shall allow or permit to be carried a greater number of passengers than the rickshaw or pedicab is designed to carry. 5. Insurance 5.1 Every rickshaw or pedicab owner shall be required to provide a copy of a valid insurance policy which includes third party liability in the minimum amount of $2,000,000 (two million dollars) naming the Town of South Bruce Peninsula as an additional insured. 5.2 Said insurance policy shall remain in full force and effect for the entire period in which the rickshaw or pedicab license is valid. 5.3 Any insurance policy shall also include coverage in favour of any operator, volunteer or person employed by the owner to operate the rickshaw or pedicab. 5.4 Any termination of the insurance policy will be communicated to the Town and in the absence of a valid insurance policy the license to own and/or operate the rickshaw or pedicab will be revoked. 6. Issuance of License 6.1 Every person who intends to own and/or operate a rickshaw or pedicab must first make application to the Town to obtain a license, subject to the provisions contained herein. 6.2 Upon receipt of a completed application form, all information as required herein and any fee as established by the Town, the Town shall at their sole discretion issue a license to own a rickshaw or pedicab to be used for business/commercial purposes. 6.2 Upon receipt of a completed application form, all information as required herein and any fee as established by the Town, the Town shall at their sole discretion issue a license to operate a rickshaw or pedicab.

4 6.3 Every operator shall carry on their person the license issued by the Town and any identification issued by the Town while operating the rickshaw or pedicab. 6.4 Every operator shall provide said license and identification to any person when so asked. 6.5 No rickshaw or pedicab owner or operator license shall be transferred. 6.6 No rickshaw or pedicab license will be issued to any owner or operator where the proposed owner or operator has a criminal record. 6.7 No rickshaw or pedicab license will be issued to any owner or operator where the proposed owner or operator does not possess a clear driving record. 6.8 Any license issued will only remain in effect for a period of twelve (12) consecutive months. Reissue of any license will be subject to the provisions contained herein. 6.9 The Town reserves the right in their sole discretion not to issue, reissue or revoke any license. 7. Location and Time of Operation 7.1 No owner or operator shall allow his rickshaw or pedicab to be left unattended on any highway at any time. 7.2 No owner or operator shall allow his rickshaw or pedicab to be left in direct violation with any by-law enacted by the Town. 7.3 No owner or operator shall allow his rickshaw or pedicab to be left in any area without paying for parking in accordance with enacted by-laws. 7.4 No owner or operator shall operate his rickshaw or pedicab in a manner which slows or in any manner impedes the flow of traffic on any highway. 7.5 No owner or operator shall allow any rickshaw or pedicab to be left on any boulevard or sidewalk. 7.6 No owner or operator shall allow any rickshaw or pedicab to impede pedestrian traffic in any area. 7.7 No person shall carry passengers in any rickshaw or pedicab between sunset and sunrise.

5 7.8 Every person who owns or operates a rickshaw or pedicab must operate said vehicle in conformity with the provisions of the Highway Traffic Act, where applicable. 7.9 No person shall operate any rickshaw or pedicab on the sand Beach at Sauble Beach or in any public park in an area not usually meant for vehicular traffic No person shall operate, park, stop, stand or pick up any fair in a rickshaw or pedicab on any private property without the express permission of the owner of said private property. 8. Enforcement and Penalty Provisions 8.1 This by-law shall be enforced by such Officers as are appointed by the Town from time to time and may be enforced by any Ontario Provincial Police Officer. 8.2 No person(s) shall willfully obstruct, hinder or otherwise interfere with an Officer in the performance of the Officer's duties, right, functions, powers or authority under this by-law. 8.3 Where an Officer has reasonable grounds to believe that an offence under this by-law has been committed by a person(s), the Officer may require the name, address and proof of identity of the person(s), and the person(s) shall supply the required information. 8.4 Every person who violates a provision of this by-law is guilty of an offence and upon conviction is liable to the penalty provided in Section 61 of the Provincial Offences Act R.S.O Chapter 33 as amended from time to time. 9. Title 9.1 This by-law shall be known by its short title "The Rickshaw and Pedicab License By-Law". 10. Severability and Inclusion 10.1 Should any provision contained herein be deemed to be invalid by a court of competent jurisdiction, said clause will be considered to be severed from the remainder of the by-law and the clause which is severed will not serve to invalidate any other provision or clause contained herein The singular in this by-law shall include the plural The masculine in this by-law shall include the feminine. 11. Force and Effect

6 11.1 This by-law shall come into full force and effect upon the final passing thereof Any by-law inconsistent with this by-law is hereby rescinded and replaced with this by-law. Read a first time this 7 th day of June, 2016 Mayor Read a third time and finally passed this 7 th day of June, ifs^gyjvlayor 2%356Ferk

7 By-Law Schedule A Application for License to Own or Operate a Rickshaw or Pedicab A) Applicant Information Name Address Phone Number B) Type of Application Owner Application Operator Application C) Business Information Location Zoning D) Signature and Acknowledgement By signing below, I understand my obligations under the Town Rickshaw and Pedicab License By-Law. I agree that any information I have provided is true to the best of my knowledge. Signature Date Office Use License Number Expiry Date _ Issue Date Issued By Item Date Received Comments Application Form Fee Criminal Record Check Driving Record Owners Letter of Permission to Operate Private Property Owners Letter of Permission Insurance

8 Part I Provincial Offences Act The Corporation of the Town of South Bruce Peninsula Set Fine Schedule By-Law Number : Rickshaw and Pedicab License Item Column 1 Short Form Wording 1 Use rickshaw or pedicab without a license 2 Operate rickshaw or pedicab without the license number affixed in a visible location 3 Operate rickshaw or pedicab when younger than 16 years of age 4 Operate rickshaw or pedicab with no valid Ontario driver's license 5 Operate rickshaw or pedicab in unsafe or wreckless manner or endanger safety 6 Operate rickshaw or pedicab without slow moving vehicle sign 7 Operate rickshaw or pedicab without two red reflectors 8 Operate rickshaw or pedicab not in good repair and appearance 9 Operate rickshaw or pedicab with more passengers than designed to carry Column 2 Provision Creating or Defining Offence Column 3 Set Fine Section 2 Sub Section 2 Sub Section 3 Sub Section 3 Sub Section 3 Sub Section 4 Sub Section 4 Sub Section 4 Sub Section 4 Sub

9 10 Rickshaw or pedicab left unattended on highway 11 Rickshaw or pedicab left without payment for parking 12 Rickshaw or pedicab slows or impedes traffic flow 13 Left rickshaw or pedicab on a sidewalk 14 Rickshaw or pedicab impedes pedestrian traffic 15 Carry passengers in rickshaw or pedicab between sunset and sunrise 16 Operate rickshaw or pedicab on sand beach or in public park 17 Operate rickshaw or pedicab on private property 18 Interfere with officer while enforcing bylaw Section 7 Sub Section 7 Sub Section 7 Sub Section 7 Sub Section 7 Sub Section 7 Sub Section 7 Sub Section 7 Sub Section 8 Sub Note: The penalty provision for the offence indicated above is/are Section 8 Sub 8.4 of By-Law Number , a certified copy of which has been filed.

10 Part I Provincial Offences Act The Corporation of the Town of South Bruce Peninsula Set Fine Schedule By-Law Number : Rickshaw and Pedicab License Item Column 1 Short Form Wording 1 Use rickshaw or pedicab without a license 2 Operate rickshaw or pedicab without the license number affixed in a visible location 3 Operate rickshaw or pedicab when younger than 16 years of age 4 Operate rickshaw or pedicab with no valid Ontario driver's license 5 Operate rickshaw or pedicab in unsafe or wreckless manner or endanger safety 6 Operate rickshaw or pedicab without slow moving vehicle sign 7 Operate rickshaw or pedicab without two red reflectors 8 Operate rickshaw or pedicab not in good repair and appearance 9 Operate rickshaw or pedicab with more passengers than designed to carry Column 2 Provision Creating or Defining Offence Column 3 Set Fine Section 2 Sub Section 2 Sub Section 3 Sub Section 3 Sub Section 3 Sub Section 4 Sub Section 4 Sub Section 4 Sub Section 4 Sub

11 10 Rickshaw or pedicab left unattended on highway 11 Rickshaw or pedicab left without payment for parking 12 Rickshaw or pedicab slows or impedes traffic flow 13 Left rickshaw or pedicab on a sidewalk 14 Rickshaw or pedicab impedes pedestrian traffic 15 Carry passengers in rickshaw or pedicab between sunset and sunrise 16 Operate rickshaw or pedicab on sand beach or in public park 17 Operate rickshaw or pedicab on private property 18 Interfere with officer while enforcing bylaw Section 7 Sub Section 7 Sub Section 7 Sub Section 7 Sub Section 7 Sub Section 7 Sub Section 7 Sub Section 7 Sub Section 8 Sub Note: The penalty provision for the offence indicated above is/are Section 8 Sub 8.4 of By-Law Number , a certified copy of which has been filed.