BY-LAW NUMBER 2007-19

THE CORPORATION OF THE TOWNSHIP OF RIDEAU LAKES

BEING a By-Law to regulate the holding of public events, festivals and parades within the Corporation of the Township of Rideau Lakes.

WHEREAS pursuant to Section 126 of the Municipal Act S.O. 2001, c.25, Council may pass By-Laws to regulate cultural and recreational events, including public fairs;

AND WHEREAS pursuant to Section 28 (1) of the Municipal Act S.O. 2001, c25, Council may pass By-Laws regulating sales on a highway or vacant lands adjacent thereto and regulating traffic and preventing blocking of highways;

AND WHEREAS pursuant to Section 127, of the Municipal Act S.O. 2001, c.25, Council may pass By-Laws prohibiting littering on public or private property;

AND WHEREAS pursuant to Section 150(6) of the Municipal Act S.O. 2001, c.25, Council may pass By-Laws for the regulating and licensing of Exhibitions held for hire or gain;

AND WHEREAS pursuant to Section 42 of the Municipal Act S.O. 2001, c.25, Council may pass By-Laws regulating traffic and parades;

AND WHEREAS the Council of the Corporation of the Township of Rideau Lakes deems it expedient to license and regulate the holding of public events, parades and festivals within the limits of the Township;

NOW THEREFORE the Council of The Corporation of the Township of Rideau Lakes enacts as follows:

1) DEFINITIONS: in this By-Law

a) “Corporation” means The Corporation of the Township of Rideau Lakes.

b) “Applicant” includes an individual, any form of association of individuals,

and a corporation who “shall” be wholly responsible for the event.

significantly involved in, the presentation of an event.

(d) “Event” shall include but not be limited to a festival, concert, parade,

entertainment or production held out-of-doors and to which the general

Public is invited or admitted.

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“Notwithstanding the generality of the foregoing the following shall not be included:

i) Any festival concert, parade, entertainment or production held on the property of and being sponsored directly by any Religious Organization as defined by the Religious Organization Land Act (Religious Organization - any association of persons that is charitable according to the Law of Ontario), or any recognized Service Clubs or any Registered Canadian Charities.

AND

ii) Any festival concert, parade, entertainment or production which may

be reasonably expected to attract fewer than 200 participants present

at the event at any given time.

AND

iii) Any festival, concert, parade, entertainment or production held on

property other then the property of any Religious Organization

or any Service Clubs or any Registered Canadian Charities shall refer

to Section D “ii”.

(e) “Site Plan” means a drawing or sketch of the subject area indicating the details of the event that shall include but not limited to booths, emergency entrances/exits and any other structures that is to be accompanied by a map displaying the size and location of the event.

(f) “Structure” as defined by Ontario Building Code Act.

(g) “Life Safety Plan” means a written plan to mitigate any emergencies or risks, which may occur on scene and outlines the procedures or safeguards to react to those situations, along with a plan to advise and train anyone who is assisting with the event in those procedures.

2. No person shall sponsor an event within the geographical limits of the Corporation without a licence (Schedule “A”) issued by the Corporation pursuant to this By-Law.

3. An Applicant for such licence must provide to the Clerk, a minimum of thirty (30) days in advance, a completed application satisfying their requirement, which includes all documentation and letters prior to said event as set out hereto:

a) Contact the Medical Officer of Health, Fire Department, Police and Building Department having jurisdiction in the area of the proposed event within fourteen (14) days of submitting the Application, satisfying their requirements for licence and comply therewith. Provide copies of written approvals.

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(b) Must provide the Corporation with a written proposal of the security to be provided by the Applicant to ensure the safe and orderly conduct of the event;

(c) Provide the Corporation with proof of general liability insurance for the duration of the event in such amount as the Clerk of the Corporation deems required, and which shall provide coverage of not less than Two Million Dollars ($2,000,000.00) per occurrence.

(d) The applicant shall apply for and obtain building permits for any structure, as defined by the Ontario Building Code Act, S.O. 1992 c.23, as amended, including tent structures (under 3.14 of the Ontario Building Code), and shall provide all required documentation for processing of said permits.

Building permit applications will be reviewed according to the submissions by suppliers of the said structures certifications. The Municipality will be held harmless of such temporary structures and the provider will submit a certification of ($2 million) Liability Insurance, naming the Municipality.

(e) The applicant shall supply copies of approvals from any/all agencies which would have interest in the event, including, but not limited to the following within

a) Ministry of the Environment (1-800-267-0974) for sewage disposal approvals on daily Design flow rates exceeding 10,000 litres per day and written confirmation from the provider of the disposal services.

Where the Design flow rates do not exceed 10,000 litres, the applicant will apply to the Township and provide the name of the supplier providing sewage services and any related documents regarding designs.

b) Ministry of Health for food service, water supply, sanitary facilities and wastewater disposal.

c) Electrical Safety Authority (ESA) for all electrical safety and construction issues.

d) Liquor Licence Board of Ontario for any alcohol related or licenced events as set out in Schedule “E” attached hereto.

e) The event shall respect the conditions of any related By-Law.

f) Must complete and submit to the Corporation the application form attached hereto as Schedule “A”, “B”, “C”, “D” “E” and together with such application fee as set out in Schedule “F” attached hereto.

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4. An Applicant/Sponsor licenced pursuant to this By-Law shall:

a) Conduct the Licensed Event in accordance with the terms of the licence

and application as set out in Schedule E;

b) Following conclusion of the Event, the Event Site must be restored to pre Event condition, all lands and buildings affected by the event on Municipal owned property. Private property will fall under the Property Standards By-Law.

5. Any Applicant/Sponsor of an Event that is held on Municipal owned property shall deposit $1,000.00 to cover restoration or replacement of any borrowed/loaned materials from the Township. At Council’s discretion this fee may be waived.

6. Every person who contravenes a provision of this By-Law is guilty of an offense and upon conviction is liable to a fine of not less than One Thousand Dollars ($1000.00) or not more than Five Thousand Dollars ($5000.00) exclusive of costs, each day the offense is continuing is considered a New Offense under the provisions of the Provincial Offences Act, R.S.O. 1990, c.P.33, or any successor thereof.

7. WHEREAS pursuant to Section 150(8) of the Municipal Act S.O. 2001, c.25, without limiting subsection (1), the power to licence, regulate and govern a licence includes the power to refuse to grant a licence or to revoke or suspend a licence.

This By-Law hereby repeals any Motions/Notice of Motions, Actions and Resolutions of Council that are in contravention of this By-Law. –98-47-

Read a first and second time this 5^th, day of March 2007.

____________________________ ________________________

Ronald E. Holman Dianna G. Bresee

Mayor Clerk

Read a third time and finally passed this day of 2007.

____________________________ _________________________

Ronald E. Holman Dianna G. Bresee

Mayor Clerk

SCHEDULE “A”

TO

BY-LAW NUMBER 2007-19

Regulate the holding of Public Events

1) DATE:__________________________________________________________

NAME OF APPLICANT: ___________________________________________

ADDRESS: ______________________________________________________

________________________________________________________________

PHONE NUMBER: _______________________________________________

TYPE OF EVENT APPLIED FOR – LIST EVENTS: ______________________________________________________________

DATE OF EVENT: ___________________________

TIME / HOURS: __________________________________________________

2) PROOF OF INSURANCE, ACCORDING TO SECTION 3 (d) OF BY-LAW NUMBER 2007-19 – SCHEDULE “C” ATTACHED HERETO.

GENERAL LIABILITY AND PROPERTY DAMAGE, ACCEPTABLE TO THE MUNICIPALITY, BUT NOT LESS THAN TWO MILLION DOLLARS ($2,000,000.00).

NAME OF INSURANCE COMPANY, AGENT AND POLICY NUMBER – SEE SCHEDULE “C” ATTACHED HERETO.

Schedule “A” – page 2

3) FOOD AND BEVERAGES TO BE SOLD: (please describe)

_________________________________________________________________

4) IS SECURITY CONFIRMED AS PROPOSED IN SECTION 3 (c)?

________________________________________________________________

5) CHECKLIST OF THE RESOURCES YOUR GROUP IS GOING TO HAVE:

________________________________________________________________

6) LETTER OF COMPLIANCE (to be filed with the application) AND ITEMS TO BE INCLUDED AS FOLLOWS:

RIDEAU LAKES FIRE CHIEF SCHEDULE “B”: ________________________

INSURANCE – SCHEDULE “C”: _____________________________________

MEDICAL OFFICER OF HEALTH SCHEDULE “D” _____________________

ONTARIO PROVINCIAL POLICE: ___________________________________

WRITTEN APPROVAL OF (PRIVATE PROPERTY OWNER/MUNICIPAL) _________________________________________________________________

PROVIDE A SITE PLAN WHICH WILL INCLUDE THE FOLLOWING:

a) LOCATION AND SIZE OF EVENT – PROVIDE A MAP _________

b) DRAWING OF SITE OF EVENT – SHOWING LOCATION OF EMERGENCY ENTRANCES/EXITS, BOOTHS, ETC. ___________

NOTIFICATION IN WRITING OF ROAD AUTHORITY: _________________

7) FEE: (cheque to be included with application) ____________________________

A Registered Charitable Organization may submit a written request to have the Fee waived.

8) SPONSORS OF THE EVENT: ________________________________________

Schedule ‘A’ page 3

9) DISCLAIMER:

NO WORKER (at this Event) SHALL BE CONSIDERED AN EMPLOYEE OF THE TOWNSHIP.

10) DECLARATION

As the applicant as named herein, I hereby make this application and confirm that I have read By-Law Number 2007-19 and agree to abide by and post same at event location.

DATED THIS ______ DAY OF __________________

____________________________________ THIS LICENCE IS HEREBY

APPLICANT/SPONSOR GRANTED AND IS IN EFFECT

(1 copy to applicant, l copy municipality) FOR THE PERIOD

______________________________

CLERK/LICENCING OFFICER

SCHEDULE “B”

BY-LAW NUMBER 2007-19

FIRE CHIEF FESTIVAL and EVENT REQUIREMENTS

The following needs to be provided to Rideau Lakes Fire Chief fourteen days in advance of submitting the completed Application to the Clerk in order for a letter of approval to be supplied the Applicant.

FIRE

1) Site Plan for each location, showing

a) Activities

b) Parking

c) Access Routes

d) Emergency Access

e) Emergency Equipment Location

2) If in building you will need

a) Layout and occupancy load

b) Activities

c) Evacuation Plan

d) Emergency Access

e) Parking

3) Life Safety Plan for event

4) Names - contact information of individuals in charge

5) Expected Attendance

FIREWORKS

1) Specific Site Plan

a) Distances

b) Launch point

c) Spectator area

d) Surrounding topography

e) Safety equipment location

2) Safety Plan and Procedures

3) Copy of Fireworks Supervisor Card

4) Firing List

5) Names and contact information and ages of those assisting

SCHEDULE “C”

TO

BY-LAW NUMBER 2007-19

CERTIFICATE OF INSURANCE

APPLICANT/SPONSOR

It is certified that insurance as described below has been arranged for the insured name herein on whose behalf this certificate is executed, and we hereby certify that such insurances are in full force and effect. If the said insurance is cancelled or changed during its term in such a manner as to affect this Certificate, written notice of such change or cancellation will be given by letter.

INSURED NAME:

ADDRESS:

Postal Code

TYPE & INSURER

GENERAL LIABILITY The Contractor shall maintain a Policy of General Liability insurance having limits of not less than $2,000,000.00 inclusive per occurrence for bodily injury, death, and

damage to property.

POLICY NO. EFFECTIVE DATE:

EXPIRATION: LIMITS OF LIABILITY:

SIGNATURE:

Of Insurance Company Officer (Broker or agents signature not acceptable)

NOTE: The following shall be added to THE GENERAL LIABILITY INSURANCE CERTIFICATE

The Township of Rideau Lakes, is hereby named as an additional insured but only in respect of and for the duration of the services to be performed under this agreement, and shall contain a cross liability clause endorsement.

SCHEDULE “E”

TO

BY-LAW NUMBER 2007-19

SCHEDULE “F”

BY-LAW NUMBER 2007-19

FEE FOR LICENSE TO OPERATE A PUBLIC EVENT, PARADE, FESTIVAL

A Registered Charitable Organization may submit a written request to have the fee waived.

SHALL BE ___________$50.00_________________