3016-2013 Licensing By-Law (Augusta Motor Sports Park)
BEING A BY-LAW FOR LICENSING, GOVERNING THE OPERATION OF AUGUSTA MORTOR SPORTS PARK
Passed by Council May 13, 2013
CORPORATION OF THE TOWNSHIP OF AUGUSTA
BY-LAW NUMBER 3016-2013
BEING A BY-LAW FOR LICENSING, GOVERNING THE OPERATION OF
OF AUGUSTA MOTOR SPORTS PARK
WHEREAS, pursuant to the provisions of Part IV of the Municipal Act, 2001, as amended,
the Council of The Corporation of the Township of Augusta may pass By-laws for licensing,
regulating and governing seasonal special events;
AND WHEREAS section 150 of the Municipal Act, 2001 allows a municipality to license,
regulate and govern any business wholly or partially carried on within the Municipality;
AND WHEREAS sections 390-400 of the Municipal Act, 2001, as amended enable
municipalities to pass By-laws for imposing fees or charges for permits and services
provided or done by them;
NOW THEREFORE the Council of the Township of Augusta hereby enacts as follows that:
1. In this By-law,
“applicant” means a person applying for a license under this By-law;
“clerk” means the Clerk of the Township of Augusta;
“event site” means the property described as Part of Lots 25 and 26, Concession 6,
Township of Augusta, and situated on the south side of Dixon Road;
“Licence” means the certificate issued under this By-law;
“Licensee” means the person licensed under this By-law;
“motorsports park means a use of land designed and developed for motorsports racing and
competition events such as car, truck, all terrain vehicle and dune buggies racing and truck
and tractor pulls and may include accessory uses such as parking, camping for participants
and spectators, food concessions, comfort stations and waste disposal facilities.”
“Municipality” means the Corporation of the Township of Augusta and any authorized agent
“person” means an individual, an association, a chartered organization, a firm, a
partnership, a corporation, an agent or trustee and the heirs, executors, administrators or
other legal representatives of a person to whom the context can apply according to law.
“Pit area” means an area for the temporary parking and display or showcasing of vehicles.
“Prescribed licence fee” means the fee set out in Schedule “A” to this By-law;
Terms and Conditions
2. The applicant shall conform to all the terms and conditions as set out in this By-law and
the Schedules hereto and forming part of this By-law.
Schedules “A”, “B” and “C” attached hereto are and form an integral part of this
Offence Not to Have Licence
3. No person shall carry on the business on the event site in the Township of Augusta
O without having a current valid licence to carry on such business in the Township of
Application for Licence
4. Every application for the issuance or renewal of a licence to carry on the business of a
seasonal special event shall be made in writing on forms provided by the Clerk of the
Township of Augusta and shall contain the following information:
(a) the full name, street address and mailing address of the applicant;
(b) whether the applicant is a sole proprietorship, partnership or corporation, and whether
the applicant has the authority to bind the corporation;
(c) nature of the event being held;
(d) location, date and time duration for the event or events;
(e) current ownership of the property on which the event or events is to take place; and
(f) Any information requested by the Clerk to demonstrate compliance with the conditions
of the license.
Issuance of Licence
5. The Clerk shall issue a licence except where
(a) The applicant does not meet the requirements of this By-law including Schedules “A”,
“B”, and “C” attached hereto, or any other applicable law or By-law; or
(b) The application is incomplete or the prescribed licence fee is unpaid, or where any
outstanding invoices or previous fees are unpaid.
Renewal of Licence
6. The Clerk shall renew the licence on submission of a new application therefore except
(a) The application does not meet the requirements of this By-law or any other applicable
law or By-law; or
(b) The application is incomplete or the prescribed licence fee is unpaid;
(c) The past conduct of the applicant or licensee affords reasonable grounds for the belief
that the applicant or licensee will not carry on the activity for which he is licensed or
continue to be licensed in accordance with law or the provisions of this By-law; or
(d) The applicant or licensee is carrying on activities that are, or will be, if the applicant is
licensed, in contravention of this By-law.
Expiration of Licence
7. Every licence issued under this By-law shall, unless revoked or surrendered at an
earlier date, expire on the date indicated on the face of the licence but in no case shall
the term of the licence exceed one year.
Revocation of Licence
8. Where the licensee fails to make any payment when due under this By-law, or fails to
comply with the requirements or conditions of the license, including Schedules “A”, “B’.
and “C” attached hereto, the Clerk may give notice of intention to revoke the license.
The Clerk may at his/her sole discretion revoke the license without notice where the
licensee is in contravention of this By-law. Where such license is revoked, the licensee
upon being notified shall immediately cease and desist from operating the event.
9. The licence issued under this By-law shall not be transferable.
License Not Authority to Contravene Law
10.The issuance or renewal of a licence is not intended and shall not be construed as
permission or consent by the Municipality for the licensee to contravene or to fail to
observe or comply with any applicable law of Canada or Ontario or any By-law of the
Municipality. Failure to comply with other laws or to obtain required permits or approvals
shall constitute grounds for the revocation of a license.
Licence Surrender Cancellation
11.The Clerk may cancel a licence which is voluntarily surrendered by the holder for
12. Every person who contravenes any provision of this By-law is guilty of an offence and is
liable upon conviction to a penalty as authorized by the Provincial Offences Act.
13. This By-law comes into force on the day it is passed.
READ a first time and second time this 13 day of May, 2013.
READ a third time and passed this 13 day of May, 2013.
By-Laws 2730 and 2768 are herby rescinded.
Signed by Reeve Mel Campbell and Clerk Michael Larocque
TO BY-LAW NUMBER 2768
ANNUAL LICENCE FEES
For 2013 A fee of $250.00 shall be submitted with the application for the issuance of a
licence or renewal of a licence, where the licence is for a period of 1 year or less.
Beginning in 2014 and subsequent years the fee shall be either $1,000.00 for the year or
$250.00 per event and shall be submitted with the application for the issuance of a licence
or renewal of a licence, ten days prior to said event being held.
TO BY-LAW NUMBER 3016-2013
TERMS AND CONDITIONS
1. For the purposes of this By-law, the license shall apply to a motorsport park.
The number of events shall not exceed a total of five (5) in any calendar year
and shall be limited to the events held by the licensee on the property shown in
Schedule ‘C’ to this By-law. The racing and competition of motorsport vehicles
including tractor and truck pulls, mud drag track races, all terrain and dune
buggie racing and obstacle course races shall only be permitted on Saturdays
and Sundays between 11:00 am and 7:00 pm.
2. All motorsport events shall be operated under the Rules and Regulations of the
appropriate governing body (i.e.: Eastern Ontario Mud Drag Association, Ontario
Off Road Association, White Water Tractor Association, etc.).
3. The Leeds Grenville & Lanark Health District Health Unit shall be notified prior to
each event. In addition, where requested by the Clerk, the licensee shall
provide proof that the said Health Unit has been notified and, where applicable
has issued an approval and/or undertaken an inspection.
4. Medical/first aid services shall be provided on site during all events. The
licensee shall upon request of the Clerk, provide proof that St. John’s
Ambulance, or an acceptable alternative, will provide first aid services for the
duration of an event.
5. Parking shall be restricted to an area separate from the events, as outlined in
the Site Plan attached as Schedule “C”, and parking sings stating “Parking shall
not be permitted on the road or right-of-way of Dixon Road” shall be posted at
the entrance. Unrestricted access for emergency vehicles (fire, ambulance,
police) shall be provided at all times during an event.
6. Security shall be provided for the duration of all events. Where requested by the
Clerk, the licensee shall provide proof that arrangements have been made with
the OPP and/or security company for security.
7. There shall be NO Smoking or any open flames in any area used for refueling of
vehicles or storage of fuel. Signs stating this shall be prominently posted
throughout the area.
8. ABC Extinguishers must be installed in all buildings, even if they are temporary.
9. All temporary wiring, junction boxes, breaker panels etc. must be inspected and
approved by the Electrical Safety Authority (ESA).
10. All Fire Access Routes must be shown on the site plan. All Fire Routes shall be
kept clear at all times.
11. Fire access route signs shall be placed along all designated fire routes.
12.The only outdoor burning that will be approved will be campfires no bigger than
2 feet X 2 feet X 2 feet, and only clean wood shall be burned. Any fires must be
at least 15 feet from any combustible items including vehicles, trailers, tents etc.
13. There shall be lighting installed at all path/roadway intersections.
14.AII food service vendors must be in compliance with TSSA Certificates for
Mobile Food Service Equipment (MFSE) (Chip Huts etc.) as defined in TSSA
Directors orders FS-056-06
15. A written fire safety plan shall be developed in accordance with the National Fire
Code and Regulation 0213-07 and will be provided to the clerk if requested.
16. The Fire Department may conduct an inspection 10 days prior to the event and
if any items are found not in compliance the license may be revoked.
17.Ovemight camping shall be restricted to one or more designated areas, as
outlined in the Site Plan attached as Schedule “C”, and which is identified with
appropriate signage. Over flow may be allowed until new site plan control is
18.ATV traffic shall be restricted to designated areas as outlined in the Site Plan
attached as Schedule “C”.
19. Garbage receptacles will be placed throughout the site and a dumpster shall be
provided for the removal of garbage. The refuse/garbage dumpster shall be
removed from the site no later than three (3) days following the conclusion of
20.Any and all events permitted by license under this By-law shall comply with the
Ministry of the Environment Document “NPC-232, Sound Level Limits for
Stationary Sources in Class 3 (Rural) Areas, October 1995’. This shall not be
deemed to limit the combination of motorsports activities so long as the noise
generated by the motorsports activities does not exceed the sound level limits
for a Class 3 Area at Critical Points of Reception including but not limited to the
dwelling at 7301 Dixon Road. The Municipality reserves the right to conduct
random noise tests at any time during an event to determine compliance with
the sound level limit and to seek a professional opinion on compliance with the
sound level standard set out in NPC-232. The licensee agrees to allow
unobstructed entry by the Municipality upon the property, as shown in Schedule
“C”, for the purposes of conducting a noise test. In addition to random noise
tests, the Municipality may monitor any noise generating event. All costs
associated with the random noise tests shall be borne by the applicant.
21.At least 10 days prior to an event, the applicant must provide proof that a
General Liability Insurance Policy is carried with limits of not less than Two
Million Dollars ($2,000,000.00) inclusive per occurrence for bodily injury, death
and damage to
Property, including loss of use thereof. The General Liability Insurance Policy
shall be in the name of the Organizer and shall name the Township as an
additional insured there under. The General Liability Insurance Policy shall
contain an endorsement to provide the Township with thirty (30) days written
notice of cancellation or material change that would diminish coverage.
22.The applicant shall notify the Public Works Manager of the date of events in
order to facilitate dust control.
23. Fireworks are prohibited during any event.
24. Fueling or refueling of any vehicle and repairs or maintenance of a vehicle within
the area shown on Schedule “C” including any pit area shall be done in a safe
manner. In the event of a petroleum spill, proper containment/disposal of
contaminated soil will be carried out in compliance with Ministry of Environment
guidelines. Refueling outside the pit area is prohibited.
25.The licensee shall provide, install and maintain security fencing in all areas
indicated on Schedule “C” for the duration of any event.
26. The licensee shall provide, install and maintain silt fencing and straw bale check
dams in all areas indicated on Schedule “C” for the duration of any event.
27.The discharge of grey water or sewage from recreational vehicles in any
camping area shown on Schedule “C” is prohibited.
28.The licensee agrees to allow unobstructed entry by the Municipality upon the
property shown in Schedule “C” for the purposes of determining compliance with
the licensing By-law.
29. Each year an updated sketch shall be provided with application to renew the
license and shall become part of the annual license.
30. If any issues are raised during any current year that must be revised, Augusta
Motorsports Park will advise the Township by January 31, of the following year.
Meeting will be arranged to deal with issues.