Part I – Application of this Schedule

1. This schedule shall apply to Hired Vehicles.

2. Every licence issued to a Hired Vehicle Owner or Hired Vehicle Driver shall expire on 31st of March of the following year.

3. No person shall carry on or engage in the business of an Owner or Driver of a Hired Vehicle without first procuring a current, valid licence from Haldimand authorizing the person to carry on the business under this By-law, within the boundaries of Haldimand.

4. This Schedule shall not apply to the Owners and Drivers of taxicabs while engaged in the conveyance to transport persons with physical, emotional or mental disabilities from any point in the municipality to any point outside the municipality made pursuant to a written contract for the use of taxicabs which can legally operate in the municipality in which the conveyance begins or ends.

Part II – General Hired Vehicle Provisions

5. For the purposes of this By-law, a Person is carrying on or engaging in the business of a Hired Vehicle where:

a) Passengers are conveyed wholly within Haldimand or from any point in the municipality to any point outside the municipality; or

b) If, in respect of the persons, their usual business address is within Haldimand.

6. Vehicles utilized by the Haldimand Norfolk Community Senior Support Services for the transportation of residents aged 60 and over and disabled adults for medical and social appointments are exempt from this By-law.

Part III – Hired Vehicle Owner Licence Requirements

7. In addition to the requirements set out in the By-law, any person wishing to make Application for an Owner’s licence shall file with the Issuer:

a) Proof of ownership of the vehicle to be licensed, or where the vehicle is leased, a copy of the vehicle lease;

b) A current Safety Standards Certificate dated not more than thirty-six (36) days prior to the submission of the licence application;

c) In respect of an Accessible Taxicab, a certificate dated not more than sixty (60) days prior to the submission of the licence Application from a qualified person to the effect that the equipment which renders the vehicle an Accessible Taxicab is safe and in proper working order; and

d) Proof of insurance in the amounts and conditions prescribed in Part VII of this By-law.

8. Every Owner of more than one Taxicab required to be licensed under this By-law shall obtain a separate Owner’s licence for each vehicle;

9. Where a Driver owns their own Taxicab, the driver is responsible for obtaining both a Driver’s and Owner’s licence;

10. Every Owner of a Hired Vehicle shall ensure that a Haldimand vehicle inspection is arranged through the Issuer to ensure that the vehicle inspection requirements set out in Appendix “2” of Schedule “A” are met.

Part IV – Hired Vehicle Owner Provisions

11. Every Owner of a Hired Vehicle shall:

a) engage only the services of drivers licensed under this By-law;

b) submit the licensed Hired Vehicle and the Owner’s licence for examination or inspection at any time by an Enforcement Officer upon demand of that person;

c) maintain every licensed Hired Vehicle, in a safe driving condition and in accordance with the Vehicle inspection requirements of this By-law as to its interior and exterior condition in accordance with Appendix “2” of this Schedule “A”;

d) upon request, submit trip records for review by the Issuer or Enforcement Officer;

e) report by the next business day, to the Issuer, all accidents or collisions connected with the operation of the Licenced Vehicle; and

f) ensure that vehicle registration and identification information are made available in an accessible format to persons with disabilities who are passengers.

12. Every Owner of a Taxicab or an Accessible Taxicab shall:

a) display the Fare Card on the visor above the front passenger’s seat and/or on the back of the driver’s seat;

b) affix a suitable sign on the roof of the Taxicab indicating that the vehicle is a Taxicab;

c) affix a suitable sign on the side doors of the Taxicab indicating the name of the Taxicab company;

d) require and ensure that each driver keeps a record of all trips made and records:

1. 1. 1. the name of the driver;
      2. the time available for hire;
      3. the date, time and location of the commencement and termination of the Fare;
      4. the total Fare collected for each trip;
      5. a separate trip record for each day and each driver; and
      6. collect such records from drivers on a daily basis for each vehicle driven and retain such records for a period of 12 months.

e) where the Hired Vehicle is a Taxicab or Accessible Taxicab, place the numbered Owner’s Taxi Plate issued by Haldimand for each licensed Vehicle on the rear of the Vehicle in plain sight, excluding rear window; and

f) affix the annual date sticker to the Owner’s plate, provided by the Issuer upon successful licence renewal

g) be required to replace any numbered Owner’s Taxi Plate issued by the County that is defaced, destroyed, stolen, or lost and pay a replacement fee.

13. Every person to whom a Taxicab Owner’s licence and Owner’s Plate is to be issued for the purposes of providing an Accessible Taxicab service shall provide the Issuer with proof that the Accessible Taxicab meets the requirements of Ontario Regulation 629 – Accessible Vehicles under the Highway Traffic Act, as amended, and shall ensure those requirements are maintained.

14. An Owner of an Accessible Taxicab shall obtain a bi-annual safety according to the Ministry of Transportation’s Commercial Vehicle Safety Requirements.

15. The Issuer may require, at any time, that an Owner submit their Vehicle or trip records for inspection at an appointed place.

Part V – Hired Vehicle Owner Prohibitions

16. No licensed Owner of a Hired Vehicle shall:

a) permit their licensed Vehicle, in respect of which a mechanical defect has been reported to them, to be operated until they have inspected and ensured that the defect, if any, has been corrected;

b) permit a Vehicle, not owned by them, to be operated under the authority of their Owner’s Licence;

c) permit their licensed Vehicle to be operated unless it is insured, pursuant to this By-law;

d) operate a Vehicle, or permit a Vehicle to be operated as a Hired Vehicle, that is not licensed under this By-law;

e) operate a licensed Hired Vehicle until they have first procured the required driver’s licence under this By-law;

f) permit any person, other than a licensed driver under their engagement, to operate their licensed Hired Vehicle;

g) operate, or permit the operation of their licensed Vehicle that is not clean and in good repair as to its interior and exterior;

h) prevent or hinder a person authorized by this By-law from entering their licensed Hired Vehicle for the purpose of an inspection;

i) permit a Driver to operate their licensed Vehicle unless the Driver complies with the provisions of this By-law;

j) operate or permit the operation of their licensed Vehicle, without the current years date sticker affixed to an Owner’s Plate which is to be attached to the licensed Vehicle

17. No licensed Owner of a Taxicab or Accessible Taxicab shall:

a) fail to comply with the provisions of Section 16 of this By-law;

b) operate or permit their Taxicab or Accessible Taxicab operated as a Hired Vehicle under this By- law, without the Owner’s Plate attached;

c) permit their Owner’s Plate to be used with respect to any other vehicle other than the vehicle for which the Owner Plate was issued;

d) put any name, address, or telephone number or identification other than that of their Taxi business on their Taxicab roof sign.

e) fail to submit to the Issuer or Enforcement Officer original trip records, immediately or as otherwise requested.

18. No owner shall permit any licence issued under this By-law to be used on a vehicle other than the Hired vehicle indicated on the licence.

Part VI – Hired Vehicle Driver Licence Requirements

19. In addition to the requirements set out in this By-law, any person wishing to make Application for a driver’s licence shall:

a) hold in their name, at minimum, a valid Class G licence issued by the Province of Ontario, which is in good standing according to the records of the Ministry of Transportation;

b) provide a Police Record Check acceptable to the issuer dated not more than sixty (60) days prior to the submission of the licence application;

c) provide to the Issuer a current driver’s abstract from the Ministry of Transportation, dated within sixty (60) days of the date of the application for a driver’s Licence under this By-law;  

d) provide a colour photograph (headshot, blank background, no hats or glasses) taken within six months of the date of the Application for licence;

e) be permitted to work in Canada; and

f) be at least eighteen (18) years of age.

20. Every Applicant for a driver’s Licence, upon approval from the Issuer, will be photographed (unless already provided with application), and receive their drivers licence identification card. Drivers will be required to renew their driver’s licence identification card annually.

21. In addition to the criteria relating to Applications for a licence found in Part VI of this by-law, the Issuer may refuse to issue a licence to a person:

a) who, when licensed under this By-law, has been convicted of more than two By-law infractions regarding this By-law within the preceding 3 years;

b) against whom any outstanding fines that have been imposed against the applicant, pursuant to any provision of this By-law are outstanding.

Part VII – Hired Vehicle Driver Provisions

22. Every licensed driver of a Hired Vehicle shall:

a) maintain in good standing a current driver’s licence issued by the Province of Ontario;

b) When a licensed driver has had their Ontario driver’s licence cancelled, suspended or revoked, or where the Ontario licence has expired, the licence issued under this By-law shall be deemed to be suspended as of the date of cancellation,

c) submit the licensed vehicle in their care and/or their driver’s licence and photo identification issued under this By-law for examination or inspection at any time by the Issuer or an Enforcement Officer upon demand of that person;

d) be civil, courteous and professional, refraining from using profanity, and turn off any radio or other sound-producing device in their vehicle upon the request of a passenger; 

e) offer to assist any passenger when it is evident that the passenger is a person with a disability, elderly or in need of assistance; 

f) display the driver’s licence in a place visible to all passengers;

g) ensure that the vehicle registration and identification information are made available in an accessible format to persons with disabilities who are passengers;

h) report, by the next business day, to the Issuer, all accidents or collisions connected with the operation of a licensed vehicle in which the driver or a passenger was involved;

i) transport all passengers who are accompanied by Service Animals.

23. Every Licensed Driver of a Taxicab or an Accessible Taxicab shall:

a) comply with the provisions of Section 22 of this Schedule “A”;

b) give a Passenger a receipt on an authorized form, showing the driver’s name and licence number and an identifying number for the Vehicle when requested or whenever there is a dispute over the Fare;

c) when a passenger enters a Taxicab or an Accessible Taxicab and gives the driver the desired destination, take the shortest possible route to the destination desired, unless the passenger designates otherwise;

d) display a current Fare Card setting out the rates to be charged in a conspicuous place in the Vehicle;

e) charge rates to passengers in accordance with the rates set out on the Fare Card using fares outlined in Appendix “1” of this Schedule;

f) serve the first Person requiring the service of the Vehicle except when the Person:

1. 1. 1. is aggressive or disorderly;
      2. refuses to give their destination;
      3. has not paid a previous Fare;
      4. is intending to smoke in the vehicle; or
      5. is not obeying the law; and

g) keep a record of all trips made recording:

1. 1. 1. the name of the driver;
      2. the time available for hire;
      3. the date, time and location of the commencement and termination of the fare;
      4. the total fare collected for each trip; and
      5. maintaining a separate trip record for each vehicle driven each day and submitting such record to the Owner on a daily basis.

24. Every driver of an Accessible Taxicab shall serve the first person with a disability requesting the service of their Accessible Taxicab at any place within Haldimand except where the provisions of Section 23 (f) of this Schedule apply.

25. When not engaged as an Accessible Taxicab, the licensed Vehicle may operate as a regular Taxicab.

26. Every licensed driver of an Accessible Taxicab shall:

a) notify the passenger upon arrival at the pickup point;

b) offer such assistance as required to facilitate the entry or exit of a person with a disability into or out of an Accessible Taxicab;

c) properly and safely handle passenger mobility aids and, where a wheelchair is being used by a passenger, secure the wheelchair in the area so provided so that the wheelchair is prevented from moving when the Accessible Taxicab is in motion;

d) ensure that the seatbelt is properly secured;

e) only recover fares as authorized in this By-law for all taxicabs in accordance with the rates set out on the Fare Card; and

f) comply with all other requirements of a driver under this By-law.

Part VIII – Hired Vehicle Driver Prohibitions

27. No licensed Driver of a Hired Vehicle shall:

a) operate any Vehicle required to be a licensed Vehicle unless it is a licensed under this By-law;

b) while having care and control of a licensed Vehicle, permit any person other than another driver licensed under this By-law to operate the Vehicle.

c) operate a licensed vehicle unless the licence issued by the Issuer containing their name and photograph is plainly visible to and readable by passengers;

d) operate a licensed Hired Vehicle unless the Vehicle is in a state of good repair;

e) operate a licensed Hired Vehicle that is not insured as required by Part XII of this By-law.

f) prevent or hinder the Issuer or an Enforcement Officer from entering the licensed Vehicle in the care and control of the driver for the purpose of inspecting the Vehicle or its equipment;

g) carry a greater number of passengers than is set out in the manufacturer’s rating of seating capacity for such vehicle and for which the corresponding number of seat belts have been provided; 

h) drive with luggage or any object placed in, hung on or attached to the Vehicle in such a manner as to obstruct the Driver’s view of the road;

i)  take, consume, or have in their possession any alcohol, drugs prohibited by law, prescription or non-prescription drugs or intoxicants which impair the driver’s ability to operate a Vehicle;

j) allow smoking in a Vehicle;

k) recover or receive any Fare or charge from any passenger which is greater or less than the Fare or charge authorized by this By-law except for a tip, gratuity, or toll highway charge;

l) make any charge for time lost through defects or inefficiency of the Vehicle or the incompetence of the Driver;

m) make any charge for the time elapsed due to early arrival of the Vehicle in response to a call for the Vehicle to arrive at a fixed time;

n) fail to submit trip records to the Owner on a daily basis; or

o)  fail to submit to the Issuer or an Enforcement Officer the original trip records, immediately or as otherwise requested.

p) Operate a Vehicle, without the current years date sticker affixed to an Owner’s Plate which is to be attached to the licensed Vehicle

28. No Driver of a Taxicab or an Accessible taxicab shall:

a) use any Fare card, other than that obtained from the Issuer, or remove, exchange, lend or otherwise dispose of the Fare Card;

b) take on any additional passengers after the licenced Vehicle has departed with one or more passengers from any one starting point, except under the following circumstances:

1. 1. 1. when done at the request of a passenger already in the Vehicle; or
      2. in an emergency situation;

c) Operate a Licensed Vehicle without an Owner’s Plate, roof and door signs affixed in the required locations per this By-law;

d) Operate such Licensed Vehicle unless:

1. 1. 1. it meets the standards required for the issue of an acceptance under the Ontario Ministry of Transportation regulations, as well as the standards for the issue of a Safety Standard Certificate of mechanical fitness; and
      2. it is in good repair as to its interior and exterior per this By-law;

Part IX – Requirement to Return a Licence

29. Where a licence has been suspended or revoked, the holder of the licence shall return the licence, and owner’s Plate, where applicable, to the Issuer or an Enforcement Officer within twenty-four (24) hours of receipt of written notification of the suspension or revocation. 

30. The Issuer or a Municipal Law Enforcement Officer may enter upon the Premises of an Owner for the purpose of retrieving a Licence and owner’s Plate, where applicable.

31. No person shall refuse to deliver or in any way obstruct or prevent the Issuer or an Enforcement Officer from obtaining the licence and owner’s Plate.

32. When a Licensed Owner has had their Licence suspended under the By-law, they shall immediately remove the Owner’s Plate from the vehicle and return it to the Issuer.

Part X – Lost, Damaged or Stolen Licences and Plates

33. When a Licence or Owner’s Plate is defaced, damaged, stolen or lost, the Licencee shall:

a) apply to the Issuer for a replacement;

b) pay the required fee as set out in the Haldimand User Fee and Service Charges By-law; as amended and

c) return the damaged Owner’s licence or plate to the Issuer, if applicable.

Part XI – Inspection of Vehicles

34. The inspection of a Vehicle conducted by Haldimand County staff shall be in accordance with Appendix “2”.

35. The Issuer may require and an Owner or driver shall agree to submit a Vehicle at any time for inspection by a licensed mechanic.

36. In the event the Owner or driver does not undertake an inspection as required by this By-law, the Owner’s licence or driver’s licence may be suspended by the Issuer until the Vehicle has passed the required inspections.

37. For the purposes of the inspection required under this section, the Vehicle shall be submitted for inspection during normal business hours and shall not be used again until approval is given as to the condition of the Vehicle.

Part XII – Substitute and Replacement Vehicles

38.  An Owner may apply for permission from the Issuer to maintain a substitute vehicle to temporarily replace a licenced Hired Vehicle which is in need of significant repair, removed from service by the Issuer or by an Enforcement Officer, or is seriously damaged.

39. Authorization to operate a substitute vehicle may be granted subject to the following conditions:

a) the Owner shall attend at the Haldimand Administration Office and provide the Issuer verification that the substitute vehicle meets all requirements of this By-law regarding insurance and mechanical fitness prior to the use of the substitute vehicle;

b) the Owner shall be required to advise the Issuer when the substitute vehicle has been activated and is in service, the vehicle for which the substitution is made and when the service has ceased;

c) the temporary transfer of an Owner’s licence to a substitute vehicle shall not exceed sixty (60) days.

40. No owner shall operate a replacement vehicle without first obtaining a licence for the replacement through the process set out in this Schedule. Regular fees apply to licensing the replacement vehicle.

Part XII – Decommissioning of Hired Vehicles

41. Where a licensed Owner disposes or otherwise ceases to use a Taxicab or Accessible Taxicab as a Hired Vehicle, the Owner shall immediately:

a) remove the roof light;

b) return the Haldimand County-issued Fare Card;

c) remove all identifying decals or markings;

d) return the Owner’s Plate; and

e) remove any corresponding numbers and items displayed on the Vehicle that identify it to the public as a Taxicab.

42. Where a licensed Owner disposes of or otherwise ceases to use a Limousine as a Hired Vehicle, the Owner shall return the licence plate to the Issuer immediately.

All fares are inclusive of applicable taxes.

The following maximum regular tariffs shall apply to Taxicabs operating within Haldimand County:

1. By Area/Location
   • Urban Area flat rate: $12.00
   • Rural Area: $6.50 minimum + $2.75/km with discretionary option of charging for pickup at the halfway point between where the cab is coming from and the pickup destination.
2. Standing/Waiting Time: $0.50/minute
3. Handling Luggage or Groceries: No Charge
4. Seniors and Students Discount - Discretionary: 10%
5. Surcharge – Discretionary: $2.25

An inspection conducted by Haldimand of a Hired Vehicle will at minimum include the following:

1. engine starts and shuts off properly 
2. horn is operative 
3. heater and A/C systems operational 
4. front warning and indicator lamps are visible and functioning 
5. back warning lights, brake lights and reverse lights are visible and functional 
6. emergency brake is functional 
7. speedometer, odometer, and fuel gauge are operative and clearly visible 
8. Fare card displayed in a conspicuous place 
9. Taxicab Driver’s ID is displayed 
10. No hanging objects obstruct view 
11. Battery is secure, free of corrosion 
12. Windshield wipers and fluid operative 
13. Fuel cap present and well fitting 
14. Vehicle is equipped with spare tire and jack 
15. Tires in good condition 
16. Doors and windows operational 
17. Vehicle exterior is in good repair 
18. Manufacturer date sticker and VIN are present and easy to read 
19. Ontario Licence plate is present and undamaged 
20. Haldimand County-Issued Taxi Plate is attached 
21. Signs indicating vehicle is a taxi are clearly visible 

Part I – Application of this Schedule

1. This Schedule shall apply to the Business of a Salvage Yard or Scrap Material Collection Bin.

2. Every licence issued to an Owner of a Salvage Yard shall expire on the 31st of August of the following year.

3. No person shall carry on or engage in the business of a Salvage Yard Business without first procuring a current, valid licence from Haldimand authorizing the person to carry on the business under this By-law, within the boundaries of Haldimand.

4. Licensed Scrap Material Collection Bins used to generate funds for a charitable purpose are exempt from the payment of licensing fees.

Part II – Salvage Yard Licence Requirements

5. In addition to the requirements set out in this By-law, any person wishing to make an application in relation to a Salvage Yard shall file with the Issuer:

a) approval from the Haldimand Planning and Development Services Division that the operation of the business is unobjectionable on zoning grounds and site plan has met requirements, for initial application only;

b) approval from the Haldimand Fire Prevention Officer that the operation of the Business is unobjectionable on fire safety grounds and has passed a fire inspection;

c) notice from Haldimand County Municipal Enforcement Division that the Salvage Yard has passed a Municipal By-law inspection;

d) approval from the Ontario Ministry of the Environment Conservation and Parks to the effect that the operation of the Business is unobjectionable on environmental grounds;

e) insurance as required in Part XII of this By-law;

f) a copy of the current site plan agreement with the Municipality, where one has been required;

g) a Police Record Check for the applicant, acceptable to the Issuer dated not more than sixty (60) days prior to the submission of the licence application;

h) In the event that the applicant is not the owner of the proposed location of the Business use, a written letter of approval or signed lease from the owner of the property must be provided.

6. An applicant shall complete a separate application and pay the required fee for each Premises from which a Salvage Yard is to be operated.

Part III – Salvage Yard Owner Provisions

7. An Owner of a Salvage Yard shall:

a) obtain the name, address and description of any person offering to him or her, any goods, or articles which he or she reasonably believes may have been stolen, or otherwise unlawfully obtained;

b) report all known facts concerning such person to the nearest police station or police officer forthwith;

c) an Owner shall report forthwith to the Ontario Provincial Police and the Issuer any apparent removal or defacement of a serial number or model number of any goods or articles offered to him or received by him;

d) maintain a register to record all sales and purchases in legible handwriting, printing or typing; and

e) produce the register for inspection by an Enforcement Officer.

8. Every Licencee shall ensure salvage is stored in a safe manner, within the enclosed area, in such a manner that it does not come in contact with the Enclosure.

Part IV – Salvage Yard Owner Prohibitions

9. An Owner shall not purchase, accept in exchange, receive, or permit an employee to purchase, accept in exchange or receive any goods, articles, or other chattels from:

a) a person under the age of sixteen (16) years or

b) a person apparently under the influence of alcohol or drugs.

10. The onus of proving that a person is not under the age of sixteen (16) years shall be on the Owner.

11. Unless otherwise exempted by a By-law or provided for in an applicable zoning By-law or site plan agreement, no person shall operate a Salvage Yard without erecting and maintaining an Enclosure that completely encompasses the area where the Salvage Yard operates and salvage is being stored.

12. No Owner of a Salvage Yard shall store, display or place any merchandise outside the Enclosure for any period exceeding twenty-four (24) hours.

Part V – Scrap Material Collection Bin Licence Requirements

13. In addition to the By-law Requirements, any person wishing to make an initial application for a licence in relation to a Scrap Material Collection Bin shall file with the Issuer the following documentation:

a) concept plan outlining all of the applicable zoning provisions accompanied by a letter of approval from the Manager of Building and Municipal Enforcement Division; and

b) signed affidavit that proceeds from material collected is for a charitable purpose, naming the specific benefiting charity or charities; and

c) a letter of authorization from the property owner.

Part VI – Scrap Material Collection Bin Licence Owner Duties

14. Every Owner and/or Operator of a Scrap Material Collection Bin shall:

a) Ensure that the area around the scrap material collection bin shall be free and clear of any scrap material and be consistent with the Property Standards By-law; and

b) Ensure that regular monitoring and emptying of the bin shall occur.

An inspection conducted by Haldimand will include at minimum, where applicable:

1. Fire safety plan 
2. Storage of tires, metals, wood, flammable liquids, flammable gases 
3. Water supply 
4. Fence type 
5. Lighting 
6. Fire extinguishers (25 m apart) 
7. Landscape maintained 
8. Scrap pile heights less than 3 metres 
9. Recovered flammable liquids stored correctly 
10. Containment systems for fuels and oils 

Part I – Application of this Schedule

1. This schedule shall apply to those Persons seeking to carry on the Business of a Mobile Food Premises.

2. Every licence issued to an Owner of a Mobile Food Premise shall expire on the 31st of December.

3. No person shall carry on or engage in the business of a Mobile Food Premise without first procuring a current, valid licence from Haldimand authorizing the person to carry on the business under this By-law, within the boundaries of Haldimand.

4. Notwithstanding any other provision of this By-law, a Mobile Food Premises licence is not required for sales that take place:

a) at a Community Special Event approved by Council pursuant to Haldimand County Policy 2015-02, or

b) at a Farmers Market approved by Council pursuant to By-Law 2169-20, located on Municipal Property, or

c) at a charity fundraising event which does not exceed more than two (2) consecutive days, or

d) at an event on private property permitted pursuant to Haldimand County Zoning By-law which does not exceed more than one (1) consecutive days or

e) at an event held by the Caledonia Agricultural Society, located at 151 Caithness St. E., Caledonia.

Part II – Mobile Food Premise Licence Requirements

5. In addition to the requirements set out in this By-law, a completed Application for a Mobile Food Premises Business Licence shall be accompanied by:

a) notice from Haldimand County Planning and Development Services Division that the operation of the Business is in compliance with the Haldimand Zoning By-law and site plan has met requirements, for initial applications only;

b) notice from Haldimand Fire Prevention Officer that the Mobile Food Premises has passed a fire inspection;

c) notice from the Public Health Unit that the Mobile Food Premises has passed the food safety health inspection;

d) notice from Haldimand County Municipal Enforcement Division that the Mobile Food Premises has passed a Municipal By-law inspection;

e) proof of liability insurance as outlined in Part XII of this By-law.

f) a certified combustible fuel authority, where the Mobile Food Premises is equipped with combustible fueled appliances;

g) where the Mobile Food Premises is equipped with electrical food preparation appliances, an electrical safety authority certificate;

h) where the applicant for licence is not the owner of the proposed location of the Business, written permission of the owner of the property indicating consent to the use of their property for the Mobile Food Premises; and

i) in the event that the applicant is not the owner of the Mobile Food Premises, written permission of the owner of the Mobile Food Premises consenting to the use of their Mobile Food Premises Vehicle (i.e. lease agreement),

6. An Applicant shall complete a separate Application and pay the required fee for each Premises from which a Mobile Food Premise Vehicle is to be operated.

Part III – Mobile Food Premises Owner Provisions

7. Every Owner of a Mobile Food Premises shall prominently display their licence when operating their Mobile Food Premises Business.

8. Every Owner shall ensure that there is provided and accessible to patrons, a non-combustible garbage container complete with a waste and recycling container, both sides to accommodate at least one day’s waste. All waste and recycled material shall be removed at the close of business daily.

9. Every Owner operating a Mobile Food Premises shall ensure it is equipped with an operational fire extinguisher.

Part IV – Mobile Food Premise Owner Prohibitions

10. Subject to Section 4 of this Schedule and/or unless specifically authorized to do so by Council, no Owner shall operate a Mobile Food Premise on:

a) any municipal property; or

b) any municipal road allowance, boulevard, or sidewalk.

11. The provision in Section 10 does not apply with respect to non-motorized pedal-driven ice cream vehicles.

An inspection conducted by Haldimand of a Mobile Food Premise will at minimum include the following:

a. Hood suppression system; 

b. All appliances protected with correct nozzles; 

c. Nozzles positioned correctly over appliances; 

d. Nozzles are clean with protective covers or blow-off caps present; 

e. Proper clearance from flame to filters and open flame to fryers; 

f. Pressure gauge in proper range; 

g. Hydrostat test date current with inspection/certification tag present; 

h. Cylinder mounted correctly; 

i. Manual activation device clearly identified; 

j. Fusible links replaced; 

k. Hood ventilation/duct system; 

l. Hood correctly covers appliances; 

m. Suppression nozzle caps in place; 

n. Hood/duct has continuous welds; 

o. No voids, hardware or damage to the hood system; 

p. Under-hood lighting present, intact and listed; 

q. Grease drip containers in place/maintained; 

r. Filters installed correctly; 

s. Cleanliness of hood; 

t. Fire Extinguishers; 

u. “K” class extinguisher minimum 6L; 

v. “ABC” class extinguishers 5lb or 10lb; 

w. Monthly inspection tags attached and filled out; 

x. Annual inspections completed (K and ABC); 

y. Copy of inspection certificate provided; 

z. Location of extinguishers signed;

aa. Rated Appliances; 

bb. Free of grease accumulation; 

cc. No grease under or behind appliances; 

dd. Control functioning properly; 

ee. Fuel supply hoses in good repair; 

ff. Appliance secure in place; 

gg. Fuel shutoff accessible; and 

hh. No combustibles near appliances. 

Part I – Application of this Schedule

1. This Schedule shall apply to those Persons seeking to carry on the Business of Motor Vehicle Racing as defined in Part I of this By-law

2. Every licence issued to Motor Vehicle Racing Owner or Operator shall expire on 15th of May of each year.

3. No person shall carry on or in engage in the business of a Motor Vehicle Racing Business licence without first procuring a current, valid licence from Haldimand authorizing the person to carry on the business under this By-law, within the boundaries of Haldimand.

Part II – Motor Vehicle Racing Owner Licence Requirements

4. In addition to the requirements set out in this By-law, any person wishing to make an Application for a Motor Vehicle Racing Business licence shall file with the Issuer:

a) an approval from the Haldimand Planning and Development Services Division to the effect that the operation of the business is unobjectionable on zoning grounds for initial applications or renewals with substantial changes to the premises or the site plan;

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) an approval from Haldimand Municipal Enforcement Division that the Motor Vehicle Racing business has passed a Municipal By-law inspection;

(d) an approval from Haldimand Emergency Services to the effect that the operation of the business is unobjectionable on the grounds of the Ontario Fire Code and has passed a fire inspection;

e) an approval from Grand Erie Public Health Unit that the seasonal opening of any small drinking water system has passed a health inspection;

f) an approval from Haldimand Roads Division;

g) Insurance as required in Part XII of the By-law;

h) an annual and updated schedule of events and activities to be conducted by the Licencee during the season; and

i) 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.

Part III – Motor Vehicle Racing Owner Provisions

5. An Owner of a Motor Vehicle Racing Business shall:

a) maintain, or cause to be maintained, a log of all racing activities conducted on the premises disclosing:

1. 1. 1. the time and date of the activities,
      2. weather conditions,
      3. the number and type of vehicles involved in the activities,
      4. the number of attendees and participants on the site during the activities,
      5. the noise levels of the vehicles and shall provide a copy of the log to Haldimand County upon request;

b) provide to the Issuer amendments to the annual schedules of activities, as required in this By-law;

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

d) provide on-site parking for Persons attending events or activities on the premises;

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

f) 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 Haldimand County;

g) 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; and

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

6. With respect to hours and days of operation, the Licencee shall be licensed to race seven (7) days per week from 9:00 a.m. until midnight; unless otherwise required by law.

7. The Licencee shall ensure that the interior of an oval track be modified where required with physical barricades to prevent the track from being used as a formula track.

8. In addition to the provisions listed in Section 5 above, the Licensed Owner of a Motor Vehicle Racing Business to operate a Straight Track at 1040 Kohler Road, Cayuga, Ontario, shall:

a) 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;

b) confirm that the loudspeakers have been positioned and aimed downwards to minimize sound and that such written confirmation be provided to the Issuer by a sound system contractor prior to the issuance of the licence;

c) limit the volume of the loudspeakers by installing a sound limiter and zoning of speakers, and written confirmation of these adjustments be provided to the Issuer by a sound system contractor prior to issuance of the licence;

d) with respect to the days of operation, be required to observe one race-free day on the straight track per week, being Tuesday, save and except for 4 events to be determined by the Licencee to allow for weather cancellations the previous day.  Such exceptions to be provided to Haldimand in writing and posted on the Licencee’s business website; and

e) with respect to hours of operation, the Licencee shall be licensed to race on the straight track, beginning at 9:00 a.m. to a maximum of 11 p.m.

Part IV – Motor Vehicle Racing Owner Prohibitions

9. In addition to the provisions established in this By-law, the following applies to the Licencee of a Motor Vehicle Racing Business to operate a Formula Track at 1040 Kohler Road, Cayuga, Ontario, as outlined in a decision of the Ontario Municipal Board, dated September 1, 2005.

10. Notwithstanding Section 8 of this Schedule no Licencee shall allow, permit, conduct, or cause the operation of Motor Vehicle Racing:

a) on any Tuesday, of any week, within the calendar year;

b) before 9:00 a.m. or after 11:00 p.m.;

c) that are drifting events;

d) unless all vehicles be pretested and screened prior to use of the formula track;

e) unless the required sound meter has been calibrated prior to the issuance of this licence and that it be calibrated daily;

f) use a Motor Vehicle with a two-stroke engine; 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 Section 9 (b), regarding hours of operation, are as follows:

An inspection conducted by Haldimand will include at minimum, where applicable:

1. Fire Safety Planning (FSP) 
2. Emergency procedures  
3. Occupant load posted prominently 
4. Fire access route 
5. Standpipe 
6. Storage of combustibles 
7. Hose cabinet equipment  
8. Sprinkler system 
9. Life-saving devices present (smoke detector, heat detector, smoke alarm, C.O. alarm, multi-gas detection) 
10. Portable fire extinguishers present and inspected 
11. Fire alarm and detection systems check 
12. Hazard storage (materials stored safely, dispensed safely, safety data sheets present) 
13. Fire separation and closures 
14. Hydrants 
15. Flame resistance testing 
16. Means of egress 
17. Controlled/hazardous materials accounted for 
18. Building services 
19. HVAC systems 
20. Electrical panel 
21. Excess wiring 
22. Electrical equipment stored correctly 
23. Outside electrical lighting 
24. Emergency generator 
25. Laundry equipment, dryer filters, duct 
26. TSSA- elevators