BYLAW - Regulate Horse Riding Establishments and Establish Safety Measures Within - 19990623 - 407699PTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 4076-99.P
BEING A BY-LAW to
regulate horse riding establishments
in the Town of Aurora and provide for safety
measures for persons while
riding at those establishments.
WHEREAS Section 102 of the Municipal Act, R.S.O. 1990 c. M.45 (as amended)
authorizes a local municipality to pass such by-laws and make such regulations for the
health, safety, morality and welfare of the inhabitants of the municipality in matters not
specifically provided for by that Act and for governing the conduct of its members as
may be deemed expedient and are not contrary to law;
AND WHEREAS Section 257.2(1) of the Municipal Act, R.S.O. 1990 c. M.45 (as
amended) authorizes a local municipality to pass by-laws for licencing, regulating and
governing any business carried on within the Municipality;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION
OF THE TOWN OF AURORA ENACTS AS FOLLOWS:
1. Definitions
In this By-law,
"assistant instructor" means a person who has attained the age of sixteen years and has
at least three consecutive year's experience in the immediately preceding five years
riding horses and who is directly supervised by an instructor.
"Council" means the Council of the Corporation of the Town of Aurora;
"drug" means a substance as listed in Schedules I, II, III, IV or V to the Controlled
Drugs and Substances Act S.C. 1996, c.19, as may be amended from time to time.
"instructor" means a person who has attained the age of eighteen years and has at least
five consecutive year's experience in the immediately preceding seven years riding
horses or a person who has been certified by the Ontario Equestrian Federation,
Canadian Equestrian Federation, Canadian Therapeutic Riding Association, Certified
Horseman's Association or the British Horse Society.
"horse riding establishment" means the carrying on of a business where horses are let
out on hire for riding or used in providing instruction in riding for payment, or both,
either at a permanent or temporary location.
"head trail guide" means a person who has attained the age of eighteen years and has at
least three consecutive year's experience in the immediately preceding five years
leading trail rides or cross-country instruction.
"horse" means any animal of the equine species.
"Municipal Clerk" means the Municipal Clerk for the Corporation of the Town of
Aurora as appointed by by-law.
"person" includes a natural individual, a corporation, association or partnership.
By-law No. 4076-99.P Page2
"Provincial Offences Officer" means a person appointed by by-law of the Corporation
of the Town of Aurora as a Provincial Offences Officer pursuant to the authority under
s.lS of the Police Services Act, R.S.O. 1990, c. P.lS or designated in writing by a
Minister under Section 1(3) of the Provincial Offences Act, R.S.O. 1990, c. P.33 as a
Provincial Offences Officer.
"Town" means the Corporation of the Town of Aurora.
2. Licence Required -Offence
No person shall conduct any business in or upon any premises or part thereof, or carry
on any trade or calling in the Town of Aurora for which a licence is required under
section 3 hereof unless he, she or it holds a licence issued therefor by the Town and has
paid the licence fee therefor, required by this By-law, in accordance with Schedule "A"
hereto.
3. Licence Required -horse riding establishments
A licence shall be obtained by every person who carries on the business of a horse
riding establishment within the limits of the Town of Aurora.
4. Application -Time For
Applications for the issuance or renewal of a licence for a horse riding establishment
for any given year must be received by the Municipal Clerk, in the form prescribed by
the Municipal Clerk, on or before the 15th day of April for the next ensuing licence year
which runs from' June 16 of that same year to June 15 the following year.
5. Licence -Must Comply With Zoning
No licence shall be issued for a horse riding establishment on premises where the
Town's Zoning By-law 2213-78, or successor legislation thereto, does not permit the
use of those premises for such purposes.
6. Licence -Display
Each horse riding establishment licence, when issued, shall be posted in a conspicuous
place on the premises so licenced.
7. Insurance certificate -requirement
Every applicant for a horse riding establishment licence must produce a certificate
signed by a licenced insurance broker certifying that the premises in respect of which
the licence has been applied for has been insured for general liability and personal
injury in the sum of not less than two million dollars (Canadian) for any one occurrence
prior to the date of the application and be endorsed to provide that the policy will not be
altered, cancelled or allowed to lapse without thirty (30) days prior written notice to the
Town.
8. Licence -requirements
(1) No person shall be entitled to obtain a licence where:
(a) 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 the applicant is licensed or to be licensed, in accordance with
law;
(b) the issuance of the license or renewal of the license would be contrary to
the public interest;
(c) the applicant or licensee is carrying on activities that are, or will be, if
the applicant is licensed, in contravention of this By-law;
(d) there are reasonable grounds for belief that the premises,
accommodation, equipment or facilities in respect of which the license is
By-law No. 4076-99.P
required do not comply with the provisions of this By-law or other
applicable law; or
Page3
(e) if the applicant or licensee is a corporation, the past conduct of the
officers or directors affords reasonable grounds for the belief that the
applicant or licensee will not carry on the activity for which the applicant
is to be licensed in accordance with law.
9. Licence Revocation
A licence granted pursuant to this By-law may be revoked where the licensee does not
comply with the provisions of this By-law or where such licence has been issued
through error.
10. Licence Suspension
Where any licensee is convicted of an offence under this By-law, the licence shall be
suspended forthwith and shall not be reinstated until a Provincial Offences Officer
certifies in writing that the conditions resulting in the conviction have been remedied
and that the premises and its proposed operation comply with this By-law.
11. Licence-Expiration
Licences issued under the provisions of this By-law, unless otherwise expressed to be
granted for a shorter period, shall expire at 12:00 a.m. on the 15th day of June in the
year following the year in which they are issued.
12. Licence -Non-transferable
No licence issued pursuant to this By-law is assignable or transferable.
13. Licence-Partnership
(1) Persons associated in a partnership applying for a licence under this By-
law shall file with their application a statutory declaration, in writing,
signed by all members of the partnership, which declaration shall state:
(a) the full name of every partner and the address of his, her or its
ordinary residence;
(b) the name or names under which they carry on or intend to carry
on business;
(c) that the persons therein named are the only members of the
partnership; and
(d) the mailing address of the partnership.
14. Licence -Corporation
(1) Every corporation applying for a licence shall file with their application a
copy of its articles of incorporation or other incorporating document and
shall file a statutory declaration, in writing, signed by an officer of the
corporation, which declaration shall state:
(a) the full name of every officer, director and shareholder and the
address of each officer's, director's and shareholder's ordinary
residence;
(b) the name or names under which it carries on or intends to carry
on business;
(c) that the persons therein named are the only officers, directors and
shareholders of the corporation; and
(d) the mailing address for the corporation.
By-law No. 4076-99.P Page4
15. Hearing
(1) Where the Municipal Clerk believes that the applicant or licensee would
be disentitled to a license or a renewal thereof for any of the reasons set
out in this By-law, the Municipal Clerk shall not issue the license and the
Municipal Clerk shall reconnnend to Council that Council shall refuse to
issue or refuse to renew the license, or that Council suspend or revoke
the license, or reconnnend that a license be issued subject to terms and
conditions.
(2) Before Council refuses to issue or refuses to renew a license, or revokes
or suspends or cancels a license, a written notice advising the applicant
or licensee of the reconnnendation being made by the Municipal Clerk to
Council with respect to the license shall be given to the applicant or
licensee by the Municipal Clerk.
(3) The written notice to be given hereunder shall:
(a) set out the grounds for the reconnnendation;
(b) give reasonable particulars of the grounds;
(c) be signed by the Municipal Clerk; and
(d) inform the applicant or licensee that they are entitled to a hearing
before the Council, if they deliver, within seven (7) days after the
date of service of the written notice, or the date of personal
service of the written notice, whichever is later, a written request
for a hearing before the Council.
(4) On receipt of a written request for a hearing from an applicant or
licensee, the Municipal Clerk shall advise Council and request Council to
convene a meeting and shall give the applicant or licensee reasonable
written notice thereof.
(5) The applicant or licensee shall have the right to make submissions in
support of an application or renewal or retention of a license at such
hearing and when the applicant or licensee who has been given written
notice of the hearing, does not attend at the proper time and place, the
Council may proceed with the hearing in the applicant's or licensee's
absence and the applicant or licensee shall not be entitled to any further
notice of the proceedings.
(6) At the conclusion of the hearing the Municipal Clerk shall, as soon as
practicable, prepare a written report on the hearing, which shall
sunnnarize the evidence and the arguments presented by the parties to the
hearing, set out the fmdings of fact and the decisions made by the
Council and set out the reason for the decision.
(7) If the applicant or licensee signifies that he is prepared to accept
conditions upon the license and to make no objection to such conditions,
Council may grant a license or the renewal of a license upon such
conditions as the Council consider appropriate.
16. Inspections of Premises
The Municipal Clerk or a Provincial Offences Officer may between 8 a.m. and 5 p.m.
Monday to Friday, inclusive, enter upon the business premises of any licensee to ensure
that the provisions of this By-law have been complied with.
By-law No. 4076-99.P Page 5
17. Regulation of Carrying on Business
(1) No person shall carry on the business of a horse riding establishment:
(a) and rent, loan or otherwise allow a person under the age of
eighteen years to ride a horse unless that person is wearing a
helmet that meets current standards set for use while riding
horses as established by the American Society of Testing and
Materials (ASTM), the Canadian Standards Association (CSA) or
European Safety Standards, as may be established or revised from
time to time, which is properly fitted and fastened securely upon
the rider's head by a harness, at all times while that person is
mounted on a horse;
(b) and rent, loan or otherwise allow a person to ride a horse unless
that person is wearing properly fitting, hard and smooth soled
footwear with a heel of not less than 1.5 centimetres at all times
while that person is mounted on a horse;
(c) and conduct cross-country instruction or trail riding with less than
one head trail guide, instructor or assistant instructor for every
six persons taking instruction or riding, as the case may be;
(d) and conduct cross-country instruction or trail riding without a
head trail guide, instructor or assistant instructor carrying, at all
times, a fully functioning two-way radio where its signal will be
received by another head trail guide, instructor or assistant
instructor who is not also on that same instruction or trail ride, or
without its instructor or assistant instructor carrying a fully
functioning cellular or digital telephone;
(e) and permit more than one person to ride a horse at the same time;
(t) and rent, loan or otherwise allow a person to ride a horse unless
that horse is known to be safe, sound and schooled for the
purposes intended, regardless of the rider's ability;
(g) and permit any person to mount or dismount a horse for the
purposes of cross-country instruction or trail riding unless that
horse is held at the bridle by an employee or volunteer of the
person carrying on the business and who is supervised by an
instructor or head trail guide;
(h) and rent, loan or otherwise allow a person to ride a horse where
that person is taking, consuming, possessing or is, or appears to
be, intoxicated by alcohol or a drug on any premises used for the
carrying on of the business of a horse riding establishment; or
(i) and rent, loan or otherwise allow a person to ride a lame, sick or
blind horse, and for the purposes of cross-country instruction or
trail riding a stallion or a horse under five years of age, unless
that person is the owner of that horse.
18. Footwear -Exception
Provided that subsection 17(1)(b) of this By-law shall not apply where a rider has been
provided with proper functioning and appropriately sized hooded stirrups, safety
stirrups which are designed to prevent a rider's foot from passing through or becoming
wedged in the stirrup or stirrups which are designed to break-away when a rider falls
from the horse.
By-law No. 4076-99.P Page6
19. Instructors-Minimum Qualifications
( 1) No person shall instruct persons in the riding of horses at a horse riding
establishment unless:
(a) they have attained the age of eighteen years and they have at least
five consecutive year's experience in the immediately preceding
seven years riding horses; or
(b) they have attained the age of eighteen years and they have been
certified by the Canadian Equestrian Federation, Ontario
Equestrian Federation, Canadian Therapeutic Riding Association,
Certified Horseman's Association or British Horse Society.
20. Assistant Instructors -Minimum Qualifications
(1) Notwithstanding the provisions of section 19 of this By-law, a person
shall be permitted to assist in the instruction of persons in the riding of
horses at a horse riding establishment where:
(a) they have attained the age of sixteen years; and
(b) they have at least three consecutive year's experience in the
immediately preceding five years riding horses
and they are under the direct supervision of an instructor who meets the
qualifications as provided for in section 19 of this By-law.
21. · Head Trail Guide -Minimum Qualifications
No person shall conduct or lead a trail ride at a horse riding establishment unless they
have attained the age of eighteen years and they have at least three consecutive year's
experience in the immediately preceding five years leading trail rides or cross-country
instruction.
22. Instructors -Prohibition from Consuming Alcohol or Drugs
No person shall instruct or assist in the instruction of persons in the riding of horses or
conduct or lead or assist in the conducting or leading of a trail ride at a horse riding
establishment while taking, consuming, possessing or being, or appearing to be,
intoxicated by alcohol or a drug.
23. Employment of Unqualified Instructors -Offence
No person shall carry on the business of a horse riding establishment and employ or
allow persons to instruct or assist in instruction or conduct or lead or assist in the
conducting or leading of a trail ride in contravention of sections 19, 20, 21 or 22 of this
By-law.
24. Minimum Age
No person shall carry on the business of a horse riding establishment and rent, loan or
otherwise allow a person under the age of ten to ride a horse for the purpose of trail
riding or cross-country instruction.
25. Minimum Age-Exception
Notwithstanding the provisions of section 24 of this By-law, a person who carries on
the business of a horse riding establishment may rent, loan or otherwise allow a person
who has attained the age of at least six years to ride a horse for the purpose of trail
riding or cross-country instruction where the horse is secured to and led by another
horse which is mounted by a strong, capable adult.
26. Condition of Grounds
No person shall carry on the business of a horse riding establishment on premises
without keeping that portion of the said premises ordinarily used for the riding of
horses clear of all ground and over-hanging obstructions. Where said obstructions
By-law No. 4076-99.P Page7
cannot be cleared, the person carrying on the business of a horse riding establislnnent
shall barrier these obstructions such that horses and riders will not come in contact with
them.
27. Condition/Fit of Tack
Prior to beginning instruction or conducting or leading a trail ride, the instructor, head
trail guide or an assistant instructor assigned to that instruction or ride, as the case may
be, shall examine the fit and condition of all equipment to be used by each rider to
ensure that it is clean, supple, well-fitting, secure and fully functional.
28. Initial Instructions
Prior to beginning instruction or conducting or leading a trail ride, the instructor, head
trail guide or an assistant instructor assigned to that instruction or ride, as the case may
be, shall provide emergency situation training including emergency dismounting,
controlling a runaway horse and proper handling of reins.
29. Signage
A premises which contains a horse riding establislnnent shall contain a sign, to be
created and erected at the expense of the licence applicant/holder, the size and location
of which shall be as approved by the Municipal Clerk, and which is in the form as
prescribed by Schedule "B".
30. First Aid Certification
All instructors and head trail guides employed by or volunteering at a riding horse
establislnnent must hold a current certification in first aid and cardiopulmonary
resuscitation from either the St. John's Ambulance or the Canadian Red Cross Society
and shall maintain a fully stocked first-aid kit on the premises.
31. False Information-Prohibited
No person shall knowingly give false information when applying for a licence under
this By-law.
32. Signs and Advertisements
No person shall erect or maintain any sign advertising the carrying on of a horse riding
establislnnent except in accordance with Town by-laws, including the Sign By-law
3400-92 (as amended).
33. Contravention-fine
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 ($5,000.00)
exclusive of costs, pursuant to the provisions of the Provincial Offences Act, as
amended.
34. Severability -validity
Each and every one of the provisions of this By-law is severable and if any provisions
of this By-law should, for any reason, be declared invalid by any court, it is the
intention and desire of this Council that each and every of the then remaining provisions
hereof shall remain in full force and effect.
35. Headings
The headings in the body of this By-law form no part of this By-law but shall be
deemed to be inserted for convenience of reference only.
36. Short Title
This By-law may be referred to as the "Horse Riding Establislnnent By-law".
By-law No. 4076-99.P PageS
READ A FIRST AND SECOND TIME THIS 23'd DAY OF JUNE, I999.
READ A THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JULY, I999. ----·---,
Original Licence
Annual Renewal
Other Fees
Late Renewal Fees
SCHEDULE "A"
LICENCE FEE SCHEDULE
$250.00
$100.00
$25.00
_,·"·
SCHEDULE "B"
SIGN TO BE POSTED ON LICENCED PREMISES
Patrons are advised of the following regulations imposed by the Town of Aurora
By-law 4076-99.P governing the operation of this business:
Maximum six riders per leader
Helmets to be worn by all persons under age 18
Hard soled shoes with a heel must be worn by all riders unless using hooded, safety
or break-away stirrups
Patrons are advised that even with this safety equipment, horse riding contains
inherent risks which may result in serious injury or death
Inexperienced riders are asked to identify themselves to the instructor/leader
Patrons are encouraged to enquire about hazardous conditions which may exist on
this property