Motor Vehicle Racing By-law

1.  In this by-law,

a.  “Applicant” means a person who is required to be licenced pursuant to this by-law, who has made an application for a licence to the Issuer;

b.  “Application” means an application for a licence under this by-law;

c.  “Clerk” means the Clerk of the Corporation of Haldimand County;

d.  “Council” means the municipal Council of the Corporation of Haldimand County;

e.  “Fire Chief” means the Fire Chief of the Corporation of Haldimand County or someone designated to act on his or her behalf;

f.  “Formula Track” means a closed course containing both left and right-hand turns;

g.  “Issuer” means the Issuer of Licences appointed by Haldimand County;

h.  “Licence” means a licence issued pursuant to the provisions of this by-law;

5.  Every Person wishing to make an Application for an Owner’s Licence under this by-law, shall file with the Issuer the following documents:

a.  a completed Application in the form provided by the County;

b.  an approved site plan under Section 41 of the Planning Act in respect of the premises, if applicable and if required by the County;

c.  written approval from:

1. 1. 1. the Haldimand County Emergency Services Division;
      2. the Haldimand County Planning Division;
      3. the Haldimand County Building and By-law Enforcement Division;
      4. the Haldimand-Norfolk Health Unit;
      5. the Haldimand County Roads Division.

d.  an annual schedule of events and activities to be conducted by the Applicant during the season on or before March 31st of each year,

e.  a Commercial General Liability Policy of insurance with an insurer licensed to do business in the Province of Ontario and acceptable to the Issuer. Such policy shall provide coverage for bodily injury and property damage in an amount not less than $2,000,000.00 per occurrence or such greater amount as the Issuer may determine, and shall name Haldimand County as an additional insured. The coverage shall be written on an occurrence basis, contain a cross liability/severability of interest clause and shall provide for 30 days written notice of cancellation;

f.  the fee prescribed by the User Fees and Charges By-law;

g.  in the event that an Agent for the Applicant makes application for the owner of  the premises, a written letter of authorization from the owner;

h.  The documentation listed under Section 5 (b) shall not be required in the case where an application for renewal is made and there is no material change in circumstances of the licencee which would affect any of the conditions of the licence imposed pursuant to section 13 through 16 below,

6.  The Issuer shall not issue a Licence until the Applicant has complied with all of the requirements of Section 5 above; and

a.  Without limiting the generality of Section 5, the Issuer shall not issue a Licence to an Applicant unless the premises upon which the Motor Vehicle Racing Business is intended to operate, are zoned to permit the proposed use of motor vehicle racing.

b.  The Issuer shall not issue a Licence for any purpose which is contrary to any federal or provincial statute or regulation, or to any municipal by-law.

c.  Prior to the issuance of any licence under this by-law, any outstanding fines owing to the County that have been imposed pursuant to this by-law must be satisfied.

7.  Upon receipt of the completed application referenced above, the Issuer shall make a report to Council with respect to the application for an initial licence or a renewal application with material changes. This report shall contain a recommendation to issue or refuse the licence.

8.  The following provisions apply when the Issuer reports to Council:

a.  Upon receipt of the recommendation of the Issuer to grant a licence, the Clerk shall place the matter before Council for ratification in accordance with Council procedures;

b.  Upon receipt of the recommendation of the Issuer to refuse a licence, or refuse to renew a licence, the Clerk shall place the matter before Council for hearing in accordance with Council procedures and the applicant shall be given notice and shall be entitled to attend the hearing and make submissions either personally or through a representative, unless the grounds for refusal are because of non-compliance with the Municipality’s Zoning By-law.

12.  This by-law relates to three types of courses for motor vehicle racing, namely Formula Track, Oval Track and Straight Line Track.

13.  All Licences issued to Motor Vehicle Racing Businesses pursuant to this by-law shall be subject to the following conditions:

a.  the Licencee shall maintain, or cause to be maintained, a log of all racing activities conducted on the premises disclosing the time and date of the activities, weather conditions, the number and type of vehicles involved in the activities, the number of attendees and participants on the site during the activities, the noise levels of the vehicles and shall provide a copy of the log to the County upon request;

b.  the Licencee shall provide to the Issuer amendments to the annual schedules of activities, as required in this by-law;

c.  the Licencee shall provide fire services as are required by the Licencee’s insurers;

d.  the Licencee shall provide on-site parking for Persons attending events or activities on the premises;

e.  every Licencee shall permit that a Municipal Law Enforcement Officer, the Manager of Building and By-law Enforcement, the Fire Chief, or any other Haldimand County employee authorized by the Chief Administrative Officer of the County may at all reasonable times, attend on the premises for the purpose of inspecting the premises and investigating any matter relating to this by-law;

f.  the Licencee shall file with the Issuer any approved amendments to the site plan filed with the Application, if such site plan under section 41 of the Planning Act is applicable and required by the County;

g.  the Licencee shall ensure that all schedules of events, including all amendments to such schedules, are posted on the website of the business, immediately upon such schedules being set or amended;

h.  the Licencee shall include in all their promotional material, a caution for people to respect the community and drive with courtesy when en route to and from the premises.

14.  In addition to the conditions listed under section 13, any licence issued to operate a Formula Track at 1040 Kohler Road, Cayuga, Ontario, shall be subject to the following conditions, as outlined in a decision of the Ontario Municipal Board, dated September 1, 2005:

a.  with respect to the days of operation, the Licencee shall observe one race-free day per week, being Tuesday;

b.  with respect to hours of operation, the Licencee shall be licensed to race beginning at 9:00 a.m. to a maximum of 11:00 p.m.;

c.  the Licencee shall ensure that no drifting events are conducted;

d.  the Licencee shall ensure that all vehicles be pre tested and screened prior to use of the formula track;

e.  the Licencee shall ensure that the required sound meter has been calibrated  prior to the issuance of this licence and that it be calibrated on a daily basis;

f.  the Licencee shall ensure that two-stroke engines are not allowed to operate; and

g.  notwithstanding any other municipal by-law, the Licencee shall ensure that the number and type of vehicles permitted on the formula track up to 7 p.m. and from 7 p.m. onwards in accordance with condition b), regarding hours of operation, are as follows:

15.  In addition to the conditions listed under section 13, any licence issued to operate a Straight Track at 1040 Kohler Road, Cayuga, Ontario, shall be subject to the following conditions:

a.  the Licencee shall ensure that adequate blockades are in place at the end of the straight track at the northerly point where the track and return road meet, to prevent trespass onto the track when the track is not in use; however, that this secondary access shall remain open during racing events for emergency purposes;

17.  Any Licencee wishing to renew a Licence for a Motor Vehicle Racing Business consisting of one or more racing tracks shall make application for such renewal at least fifteen (15) days prior to the March 31st expiration date of the existing Licence.

18.  The application for renewal shall be in the form provided by the Issuer, including the approvals listed in Subsections 5 (c) (i) through (v), and the application shall be deemed to be received by the County on the date that a complete application is filed.

19.  If the completed renewal application is filed later than the time specified in paragraph 17 above, the Licence shall expire effective April 1st of that year until such time as the Licence is renewed.

22.  The Issuer may make a recommendation to Council that the licence be revoked if, during the term of a Licence:

a.  a Licencee is convicted for contravening any provisions of this by-law within a twelve (12) month period;

b.  a Licencee breaches or is in breach of a condition imposed on a Licence under the provisions of this by-law;

c.  there are reasonable grounds for belief that any Application or other document or information provided by or on behalf of a Licencee contains a false statement or provides false information;

d.  information contained in the original application form or any other information provided to the Issuer by or on behalf of the Applicant, has ceased to be accurate and the Licencee has not provided up-to-date accurate information to the Issuer  to allow the Issuer to conclude that the Licence should be maintained as valid;

e.  the Issuer becomes aware of any fact or facts which, if known at the time of the Application, may have resulted in the Issuer refusing the Licence;

23.  In the event that the Issuer recommends to Council that a Licence be revoked, the provisions of Section 8 (a) to (c) apply with the necessary modifications.

24.  Where the Issuer intends to recommend to Council that a Licence issued under this by-law be revoked for reasons related to public health and/or safety issues, the Licence shall automatically be suspended until such time as a determination on the issue has been made by Council.