HomeMy WebLinkAboutBy-law No. 2018-065 - Special Events on City Roads - Temporary ClosingBY-LAW NUMBER ����� ,� r,
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law with respect to special events
on city roads — temporary closing of city roads)
WHEREAS section 2 of the Municipal Act, 2001, S.O. 2001, c. 25, gives The Corporation
of the City of Kitchener powers and duties for the purpose of providing good government with
respect to those matters;
AND WHEREAS section 11 (2) of the Municipal Act, 2001, S.O. 2001, c. 25 authorizes The
Corporation of The City of Kitchener to pass by-laws respecting public assets of the municipality
acquired for the purpose of exercising its authority under the Municipal Act, 2001, or any other Act;
AND WHEREAS section 11 (2) of the Municipal Act, 2001, S.O. 2001, c. 25 authorizes The
Corporation of The City of Kitchener to pass by-laws respecting economic, social and environmental
well-being of the municipality;
AND WHEREAS section 11 (2) of the Municipal Act, 2001, S.O. 2001, c. 25 authorizes The
Corporation of The City of Kitchener to pass by-laws respecting the health, safety, and well-being of
persons;
AND WHEREAS section 11 (2) of the Municipal Act, 2001, S.O. 2001, c. 25 authorizes The
Corporation of The City of Kitchener to pass by-laws respecting protection of persons and property;
AND WHEREAS section 11 (3) of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes
The Corporation of The City of Kitchener to pass by-laws respecting City roads;
AND WHEREAS section 44(1) of the Municipal Act, 2001, S.O. 2001, c. 25 requires The
Corporation of the City of Kitchener to maintain roads under its jurisdiction in a state of repair that is
reasonable in the circumstances;
AND WHEREAS section 128(1) of the Municipal Act, 2001, S.O. 2001, c. 25 authorizes The
Corporation of the City of Kitchener to regulate and prohibit with respect to public nuisances;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
follows:
Article 11 - Inter retation
1.1 "City" means The Corporation of the City of Kitchener.
1.2 "City lane closure" means a closure of one or more lanes on a City road such that the
traffic flow in all directions existing before the closure is maintained and no diversion of
traffic to another road is required.
1,3 "City road" means a road under the jurisdiction of the City.
1.4 "City road closure" means a closure of one or more lanes on a City road such that a
diversion of traffic to another road is required.
1 „5 "Director" means Director of Transportation Services for the City or any successor
position or his or her designate.
1.6 "lane" means that part of a roadway that accommodates a single line of moving or
parked vehicles.
1.7 "local municipality" means any of The Corporation of the City of Cambridge, The
Corporation of the City of Waterloo, The Corporation of the Township of North Dumfries,
The Corporation of the Township of Wellesley, The Corporation of the Township of
Wilmot, or The Corporation of the Township of Woolwich.
1.3 "municipal fees and charges" means fees and charges prescribed by the City, Region or
a local municipality.
1.0, "New Special Event" means a Special Event that has not received a Special Event
Permit within the previous two (2) calendar years for a similar, day(s) and time, and that
the use of or absence of alcohol is the same as described in the prior issued Special
Event Permit.
1.10 "Officer" means a by-law enforcement officer or a municipal law enforcement officer
appointed by the City, or a member of the Waterloo Regional Police Services.
1.11 "person" includes an individual, sole proprietorship, partnership, association or
corporation.
1.12 "Region" means The Regional Municipality of Waterloo.
1.13 "Regional lane closure" means a closure of one or more lanes on a Regional road such
that the traffic flow in all directions existing before the closure is maintained and no
diversion of traffic to another road is required,
1.14 "Regional road" means a road under the jurisdiction of the Region.
1.15 "Regional road closure" means a closure of one or more lanes on a Regional road such
that a diversion of traffic to another road is required.
1.16 "Reoccurring Special Event" means a special event that has received a Special Event
Permit from the City within the previous two (2) calendar years.
1.17 "road" includes a common and public highway, street, avenue, parkway, driveway,
square, place, bridge, viaduct or trestle, any part of which is intended for or used by the
general public for the passage of vehicles and includes the area between the lateral
property lines thereof.
1.18 "Special Event" includes a Street Party Event, parade, procession, ceremony, beer
garden, sidewalk or street sale, festival, carnival, bicycle or foot race, walkathon,
demonstration, resident -led traffic calming initiatives, or any event that requires a City
lane closure or a City road closure or may interfere with the normal flow of traffic on a
City road, but does not include:
a) a wedding or funeral procession;
b) picketing;
c) loading or unloading necessary for business purposes; or
d) an activity for which the City has granted permission by way of an agreement or
permit.
1.19 "Special Event Permit" means a permit issued under this by-law for a Special Event and
shall include a permit issued for a Special Event by the City, the Region, or a local
municipality provided such permit includes or included a City street and the necessary
approval by the Director for use of such City street.
1.20 "Special Event Organizer" means the person designated in accordance with section
3.2(b) of this by-law and where that person is not an individual shall include its
authorized representative(s).
1.21 "Street Party Event" specifically means a Special Event that:
a) has the purpose of fostering neighbourhood spirit;
b) is taking place entirely on a road of a local municipality, being either a block to block
or intersection to intersection road closure;
c) is not taking place on a Regional road;
d) has no alcohol consumption; and
e) has any further attributes as determined by the Director.
ARTICLE 2 - PROHIBITIONS
2.1 No person shall hold a Special Event on a City road without first having obtained a
Special Event Permit in accordance with this by-law.
2.2 No person shall attend a Special Event on a City road unless as Special Event Permit
has been granted for the Special Event in accordance with this by-law.
3.1 Every person holding a Special Event shall ensure that an application is made to the
Director for a Special Event Permit and that a Special Event Permit is obtained prior to
the Special Event taking place.
3.2 Every person who applies for a Special Event Permit shall provide the Director with:
a) the person's name, signature, street address, telephone number, fax number and e-
mail address and when applying on behalf of a Special Event Organizer other than
him/herself shall also include any position that they hold with the Special Event
Organizer;
b) the legal name of the Special Event Organizer who will carry out the responsibilities
or a Special Event Organizer under this by-law and a signature of the Special Event
Organizer;
c) where the Special Event Organizer is different from the applicant for the Special
Event Permit, additional contact information for the Special Event Organizer
including street address, telephone number before and during the Special Event, fax
number and e-mail address as applicable;
d) the legal name, street address, telephone number, fax number and e-mail address of
any Special Event sponsor;
e) the type and purpose of the Special Event;
f) the date(s) and day(s) of the week when the Special Event is to be held and, if
applicable, the date(s) and day(s) of the week the Special Event was last held;
g) the number and type of participants and vehicles in the Special Event, including
individuals, bands, horses, bicycles, cars and floats;
h) for each date of the Special Event, the time that set-up or assembly will commence,
the time that the Special Event will commence, and the time that the Special Event
will finish inclusive of clean-up time;
j) a description of the assembly and disassembly areas for the Special Event;
j) the road(s) to be used for the Special Event whether or not they are City roads;
N) a Certificate of Insurance, satisfactory to the Director, showing a comprehensive
policy of public liability and property damage insurance for the Special Event in
respect to any one accident, against loss or damage resulting from bodily injury to or
death of one or more persons and loss of or damage to property in a minimum
amount of:
a,) $5,000,000 for any Special Event that includes the consumption of alcohol on
a City road; or
b) $2,000,000 for a Special Event that does not include the consumption of
alcohol on a City Road.
1!) an indemnity signed by the Special Event Organizer that is satisfactory to the
Director; and
m) any additional information or documentation for the purposes of administering this
by-law as requested by the Director.
3.,3 No person applying for a Special Event Permit shall knowingly provide false information
to the Director,
3-4 The Director may require the person applying for a Special Event Permit to prepare and
deliver personally or by registered mail a notification setting out the type, purpose,
location, date and time of the Special Event to all affected homes, businesses and
institutions, as determined by the Director. Each notification shall include a stamped
envelope addressed to -the City's Director.
3.5 In the event of a Street Party Event, the applicant for the Special Event Permit must
ensure a petition provided by the City is circulated to all residents with a municipal
address located on the road where the proposed Street Party Event is to be held. The
applicant for the Special Event Permit shall provide the original petition to the Director.
A Street Party Event with anticipated attendance of 200 or more people shall be subject
to additional requirements at the discretion of the Director. Such requirements may
include without limitation, requirements for paid duty police officers, emergency services
support and additional insurance.
3,0 Every applicant for a Special Event Permit for a New Special Event shall make their
application at least ninety (90) days in advance of the Special Event,
33 Every applicant for a Special Event Permit for a Reoccurring Special Event shall make
their application at least thirty (30) days in advance of the Reoccurring Special Event.
ARTICLE 4 -,GRA REFUSAL OR REVOCATION OF SPECIAL EVENT PERMIT
The Director may grant a Special Event Permit, refuse to grant a Special Event Permit or
may grant a Special Event Permit imposing conditions as a requirement of obtaining and
continuing to hold it, including, but not limited to, the condition that a notice setting out
the type, purpose, location, date, time and other information as required be delivered not
less than seven (7) days or as required by the Director in advance of the Special Event
to all affected homes, businesses and institutions, as determined by the Director.
4.2 In considering the grant, refusal or grant with conditions of a Special Event Permit, the
Director may have regard to:
a) whether or not, considering any past Special Events, the Special Event is likely to be
carried out in compliance with the Special Event Permit and this by-law;
b) any conflict with a previously scheduled activity for which the City, Region or a local
municipality has granted a permit;
c) the anticipated disruption of traffic or public transit;
d) the response of Waterloo Regional Police Services to the application;
e) failure to obtain all required responses to any petition required by the Director;
f) the response of any person required to be petitioned under this by-law;
g) whether or not the Special Event may result in a threat to public safety;
h) road construction, construction or any sort, or conflict with municipal by-laws,
resolutions or policies; and
i) any opposition to the Special Event, including any safety concerns.
43 At any time after a Special Event Permit has been granted by the Director, the Director
may revoke the Special Event Permit or impose a condition re-routing the Special Event
upon giving verbal notice, in person or over the telephone, or written notice, by regular
mail, fax or e-mail to the person who applied for the Special Event Permit or the Special
Event Organizer. The Director may also impose last minute conditions on the Special
Event due to safety issues or public authorities such as the Waterloo Regional Police
Services making changes.
ARTICLE 5 - GENERAL
5.1 The Director may modify the time periods prescribed for submitting an application for a
Special Event Permit set out in this by-law.
5.Every applicant for a Special Event Permit shall:
a) ensure that the Special Event Organizer is aware of and complies with any
conditions imposed under sections 4.1 or 4.3 of this by-law; and
b) pay all municipal fees and charges for the Special Event.
5,.3 Every Special Event Organizer shall:
a) be present at the Special Event;
b) produce the Special Event Permit to the Director, a municipal law enforcement officer
or any police officer on his or her demand while the Special Event is being held or
set up;
c) ensure compliance with any conditions imposed under sections 4.1 or 4.3 of this by-
law that are required to be carried out while the Special Event is being held; and
d) ensure that the Special Event complies with all provisions of this by-law and the
Special Event Permit.
5.4 The Special Event Organizer shall ensure the clean up and restoration of the City road
immediately following the finish of the Special Event.
5.5 When a City lane or a City road is closed by the Director for a Special Event, the City, an
Officer, any person authorized by the City, and any utility may enter the closed road area
at any time.
5,6 The person applying for a Special Event Permit under this by-law, the Special Event
Organizer, and the participants in the Special Event shall comply with all applicable
municipal by-laws and provincial and federal laws including those pertaining to special
events, filming, fees, charges, work within a road, signs, traffic, parking, noise,
pyrotechnics, alcohol, firearms, building, and smoking, and shall also comply with the
Safe Streets Act, S.O. 1999, c. 8.
53 No person shall install, maintain, move or remove signing and barricades on City roads
without the permission of the Director except the Special Event Organizer who may, at
an appropriate location, move and then immediately restore a barricade to its original
position to allow ingress/egress to the Special Event site without changing the intent of
the barricade set up.
5.8 A Special Event Permit granted under this by-law:
a) shall not be transferable from one person to another, from one Special Event to
another, from one date and time to another, or from one location to another without
the written permission of the Director; and
b) shall expire when the Special Event finishes as indicated on the Special Event
Permit.
ARTICLE 6 - PENALTY ADMINISTRATIVE AND ENFORCEMENT
5,1 Every person who contravenes a provision of this by-law is guilty of an offence and upon
conviction is liable to a fine not exceeding five thousand dollars ($5,000), exclusive of
costs, pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33.
6,2 This by-law may be enforced by the Director, an Officer, or by any other individual duly
appointed for the purpose of enforcing this by-law.
6 8 For the purposes of an inspection pursuant to this by-law, the Director, an Officer, or any
agent or representative of the City may:
a) require the production for inspection of documents or things relevant to the inspection;
b) inspect documents or things relevant to the inspection;
c) require information from any person concerning a matter related to the inspection; and
d) alone or in conjunction with a person possessing special or expert knowledge, make
examination or take tests, samples, or photographs necessary for the purposes of the
inspection.
ARTICLE 7 - ADMINISTRATIVE
7.1 Any administrative forms required under this by-law may be prescribed from time to time
by the Director.
7.2 This by-law shall be known as the "Special Event Permit By-law".
7.8 It is hereby declared that each and every of the foregoing sections of this by-law is
severable and that, if any provisions of this by-law should for any reason be declared
invalid by any Court, it is the intention and desire of Council that each and every of the
then remaining provisions hereof shall remain in full force and effect.
7„ The Clerk of the City is hereby directed to make this by-law a part of The City of Kitchener
Municipal Code by adding it to the Concordance and arranging and numbering it so as to
fit within the scheme of the Code.
PASSED at the Council Chambers in the City of Kitchener this
of '�� � � A.D. 2018.
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Mayor
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Clerk