Public Entertainment Event By-law

1.  In this by-law;

a.  “Applicant” means a person seeking to obtain a Public Entertainment Event Licence pursuant to the provisions of this by-law;

b.  “Community Special Event” means a public entertainment event conducted by a non-profit organization and authorized by Council in accordance with Council’s Special Events guidelines;

c.  “Council” means the Council of the Corporation of Haldimand County.

d.  “Issuer” means the Issuer of Licences appointed by Council;

e.  “Licencee” means any person to whom a licence to hold or conduct a Public Entertainment event or Motor Vehicle Racing Event has been issued.;

f.  “Manager of Building and By-law Enforcement” means the Manager of Building and By-law Enforcement of the Corporation of Haldimand County or someone designated to act on their behalf;

g.  “Manager of Emergency Services” means the Manager of Emergency Services for the Corporation of Haldimand County or someone designated to act on their behalf;

h.  “Manager, Roads Operations” means the Manager, Roads Operations for the Corporation of Haldimand County or someone designated to act on their behalf;

2.  Every person seeking to hold or conduct a Public Entertainment Event or Motor Vehicle Racing Event within the limits of Haldimand County shall procure and maintain in good standing a licence authorizing them to do so.

3.  No person shall hold or conduct a Public Entertainment Event or Motor Vehicle Racing Event within the limits of Haldimand County unless he or she has a valid and current licence permitting him to do so.

4.  No Person shall advertise or cause to be advertised within the limits of Haldimand County a Public Entertainment Event prior to the issuance of a licence.

5.  No licence shall be issued under this by-law if the holding or conduct of the proposed Public Entertainment Event or Motor Vehicle Racing Event will constitute a contravention of any by-law of the Haldimand County, including the Zoning By-law.

7.  Every Person seeking to obtain a licence to hold or conduct a Public Entertainment Event shall file with the Issuer, at least sixty (60) days in advance of the date of the proposed Public Entertainment Event, the following documents:

a.  a completed application in the form provided by Haldimand County;

b.  the application fee as prescribed by the User Fees and Charges By-law;

c.  letters of approval for the proposed Public Entertainment Event from:

1. 1. 1. the Haldimand County Emergency Services Division;
      2. the Haldimand County Building and By-law Enforcement Division;
      3. the Haldimand County Roads Division;
      4. the Haldimand Norfolk Health Unit; and
      5. the Ontario Provincial Police (OPP).

d.  a written statement setting out the maximum number of persons that at any one time, the applicant will allow to attend the Public Entertainment Event;

e.  a written statement setting out the times during which the Public Entertainment will be performed and the times during which persons attending Public Entertainment Event will be allowed on the Premises;

f.  a security plan for the event, approved by the OPP;

g.  a plan of the Premises, acceptable to the Issuer, showing:

1. 1. 1. the area of such lands to be used for the Public Entertainment;
      2. the entry and exit points;
      3. the parking and internal roadways;
      4. the areas upon which any permanent or temporary structure is located or  is to be located;
      5. the area where the sanitary facilities; garbage collection, storage and disposal facilities; and potable drinking water facilities are located or are to be located;
      6. the area where the performance is to be staged;
      7. the area where the audience will stand or sit;
      8. the area where camping is to take place, if camping is to take place in conjunction with the Public Entertainment Event. Nothing herein shall be construed to permit camping upon the lands and premises upon which the Public Entertainment is to be performed, if camping is not permitted upon those lands by Haldimand County Zoning By-law;
      9. a copy of the Building Permit issued by the Building Inspector for Haldimand County, for any tent or structure to be erected in conjunction with the said Public Entertainment Event, for which tent a Building Permit is required under the Building Code.

h.  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;

i.  written proof that the Applicant has advised neighbours of the proposed event; and

j.  such other information as the Issuer or Council may require.

8.  Upon receipt of a complete application package for a proposed Public Entertainment Event, the Issuer shall determine through consultation with relevant staff:

a.  the number of by-law enforcement officers required and the hours before, during and after the proposed Public Entertainment Event that such by-law enforcement officers are required to be present to enforce the by-laws of Haldimand County;

b.  the noise monitoring services required (if any), the personnel required to operate the services, and the times when the services shall be required; and

c.  the number of persons required before, during and after the proposed Public Entertainment Event to provide traffic control services.

9.  The application, supporting documentation and results of the investigations referred to in paragraphs 7 and 8 shall be presented to Council in accordance with Council procedure.

10.  If the application, supporting documentation and investigations referred to in paragraphs 7 and 8 do not, in the opinion of Council, disclose any reason to believe:

a.  that the holding of the Public Entertainment Event may result in any breach of the law, including any by-law of Haldimand County;

13.  Every Person seeking to obtain a licence to hold or conduct a Motor Vehicle Racing Event(s) shall file with the Issuer, at least thirty (30) days in advance of the date of  the first proposed Motor Vehicle Racing Event in a calendar year, the following documents:

a.  a completed application in the form provided by Haldimand County;

b.  the application fee as prescribed by the User Fees and Charges By-law with such fee covering all Motor Vehicle Racing events listed in the application;

c.  letters of approval for the proposed Motor Vehicle Racing Event(s) from:

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

d.  a schedule of Motor Vehicle Racing Events planned for the calendar year;

e.  a written statement setting out the maximum number of persons that, at any one time, the applicant will allow to attend each Motor Vehicle Racing Event;

f.  a written statement setting out the times during which each Motor Vehicle Racing Event will be performed and the times during which persons attending each Motor Vehicle Racing Event will be allowed on the Premises;

g.  a security plan for each Motor Vehicle Racing Event, approved by the OPP;

h.  a traffic control plan for each Motor Vehicle Racing Event;

i.  a plan of the Premises, acceptable to the Issuer, showing for each Motor Vehicle Racing Event:

1. 1. 1. the area of such lands to be used;
      2. the entry and exit points;
      3. the parking and internal roadways;
      4. the areas upon which any permanent or temporary structure is located or  is to be located;
      5. the area where the sanitary facilities, garbage collection facilities and storage and disposal facilities and potable drinking water facilities are located or are to be located;
      6. area where the performance is to be staged;
      7. area where the audience will stand or sit;
      8. area where camping is to take place, if camping is to take place in conjunction with a Motor Vehicle Racing Event. Nothing herein shall be construed to permit camping upon the lands and premises upon which the Motor Vehicle Racing Event is to be held, if camping is not permitted upon those lands in the places indicated thereon in the said layout plan by the applicable Haldimand County Zoning By-law.
      9. a copy of the Building Permit issued by the Building Inspector for Haldimand County, for any tent or structure to be erected in conjunction with the said Motor Vehicle Racing Event, for which tent a Building Permit is required under the Building Code.

16.  Every Licencee shall post the licence in some conspicuous place at the premises to which it applies.

17.  Every Licencee shall produce said licence to the Municipal Law Enforcement Officer or any person authorized or required by Council, or any member of the Ontario Provincial Police, for inspection upon request.

18.  No Licencee shall promote or hold or conduct the Public Entertainment Event under any name or style other than the name or style endorsed upon the licence.

19.  Every Licencee, in addition to any other requirement in this by-law or any other municipal by-law or any term or condition identified in the licence to hold or  conduct  a Public Entertainment Event or Motor Vehicle Racing Event, shall:

a.  maintain and keep clean, safe and in good condition, and promptly repair the Premises to which the licence relates, including any facilities thereof during the term of the licence;

26.  a.  Every person who contravenes any of  the provisions of this by-law, and if   the person is a corporation, every director or officer of the corporation who knowingly concurs in the contravention, is guilty of an offence and on conviction is liable,