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BYLAW - License and Regulate Driving Schools - 20000307 - 413299PTHE CORPORATION OF THE TOWN OF AURORA By-law Number 4132-99.P BEING A BY-LAW to license and regulate the business of driving schools WHEREAS Section 257.2(1) of the Municipal Act, R.S.O. 1990,c.M.45 (as amended) authorizes Council to enact by-laws to license, regulate and govern any business carried on within the municipality; AND WHEREAS it is deemed appropriate that inhabitants of the Town of Aurora should not be subjected to the adverse impacts, including safety concerns and increased traffic, arising in relation to driving school operators and vehicles making use of certain streets within the Town; NOW THEREFORE the Municipal Council of the Corporation of the Town of Aurora ENACTS AS FOLLOWS: Definitions 1. In this By-law: (a) "Corporation" means the Corporation of the Town of Aurora; (b) "Clerk" means the Clerk of the Corporation or such employees of the Corporation who have been designated by the Clerk for the purposes of administration of this By-law; (c) "Driving School Instructor" means a person who is licensed or required to be licensed under this By-law and who is employed or self-employed in the business of teaching persons to operate motor vehicles; (d) "Driving School Operator" means a person who is licensed or is required to be licensed under this By-law to carry on the business of teaching persons to operate motor vehicles; (e) "License" means a license application in the form as approved from time to time by the Clerk, provided such application has been signed by the Clerk and the term of such license application has not expired or been terminated in accordance with the provisions of this By-law; (f) "Person" includes a natural individual and their heirs, executors, administrators or other legally appointed representatives and "person" includes a corporation, partnership or other form of business association; (g) "Plate" means an object issued by the Clerk to evidence registration of each motor vehicle used by a License applicant or their employees, agents or contractors for the purpose of teaching other persons how to operate motor vehicles; (h) "Restricted Area" is the area(s) set out in Schedule "A" of the By-law where driving school instruction is prohibited by driving school instructors and operators. (i) "Town" means the geographic limits of the Corporation of the Town of Aurora; (j) "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 Section 15 of the Police Services Act, R.S.O. 1990, c.P.15 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. - 2 - PROHIBITIONS No Driving School Instructor shall: 1. Give instruction without first having a roof sign affixed to the vehicle with the name of the Driving School on it; 2. Give instruction without an operable second braking system in the front passenger compartment; 3. No person may be a Driving School Operator except in accordance with the provisions of this By-law. 4. No person may be a Driving School Operator without making application for, obtaining and maintaining a current License therefor in accordance with the provisions of this By- law. 5. No Driving School Operator may permit any vehicle owned or operated by that Driving School Operator or any vehicle owned or operated by a Driving Schoo! Instructor who acts as his or her employee, agent or contractor to be used for the instruction of any student in the Restricted area set forth in Schedule "A" to this By-law as amended from time to time. REGULATIONS 6. No Driving School Operator may instruct any driving school student and no Driving School Operator may permit any Driving School Instructor who acts as his or her employee, agent or contractor to instruct any student in a motor vehicle unless each motor vehicle used for such purposes displays on the rear of the vehicle in a location satisfactory to the Clerk, a Plate issued in relation to the vehicle pursuant to a current, valid License. 7. No Driving School Operator may instruct any driving school student and no Driving School Operator may permit any Driving School Instructor who acts as his or her employee, agent or contractor to instruct any student without providing the Clerk with proof that the Driving School Operator and any Driving School Instructor acting as his or her employee, agent or contractor are in possession of a valid, current driving instructor's license issued by the Ministry of Transportation and Communications in relation to persons who instruct in the operation of Class G motor vehicles as prescribed by Regulations now or hereinafter issued under the Highway Traffic Act, R.S.O. 1990, c. H 8 (as amended or successor legislation thereto). 8. No Driving School Operator may instruct any driving school student and no Driving School Operator may permit any Driving School Instructor who acts as his or her employee, agent or contractor to instruct any student in a motor vehicle unless the License applicant or the owner of the motor vehicle: (1) provides a copy of the current motor vehicle permit in good standing, issued by the Ministry of Transportation and Communications for each motor vehicle so used, together with a copy of a current Ontario Standard Automobile Insurance Policy for the vehicle being registered and the owner's driver's license; (2) submits each motor vehicle to be registered for inspection and approval by the Clerk prior to the issuance and renewal of a Plate for that vehicle; (3) produces and files with the Clerk a valid Safety Standard Certificate in relation to each motor vehicle so used, which has been issued under the Highway Traffic Act and is dated within 30 days prior to the application or renewal; (4) files with the Clerk all documents relating to each motor vehicle so used, including, if applicable, a leasing agreement or similar documentation relating to ownership of the motor vehicle; - 3 - 9. A person who does not hold a valid License pursuant to this By-law may not publish or cause to be published any representation that they are Licensed within the meaning of this By-law. 10. No License may be leased, subleased, transferred, assigned or used by any person other than the licensee. LICENSING PROVISIONS 11. An application for a License or for a renewal shall be complete and shall be submitted to the Clerk in a form as approved by the Clerk from time to time, together with the License fee set out thereon as amended from time to time. 12. Each applicant for a License or for a renewal shall submit such fees in relation to the business and in relation to each additional Plate issued and in relation to each Driving Instructor acting as their agent, employee or contractor as is shown on Schedule "A". 13. Acceptance of the application and fees by the Clerk shall not represent approval of the application for the issuance of a License nor shall it obligate the Clerk to issue such License. 14. No person shall enjoy a vested right in the continuance of a License and the property interest of a License shall remain the property of the Corporation irrespective of the issuance, renewal, cancellation or suspension thereof. 15. The term of each License shall, unless otherwise expressed in the License, be valid for a period of one year from the first day of September in the year of issuance or renewal up to and including the 30"' day of September of that year, unless sooner revoked, suspended, voluntarily relinquished to the Corporation or amended. 16. Every application for a License respecting a natural individual, or the renewal thereof, shall be delivered personally to the Clerk. In the case of an applicant other than a natural individual, the application shall be delivered by an agent thereof. 17. A natural individual shall not be Licensed unless they are a citizen of Canada, or have attained landed immigrant status or possess a valid work permit issued by the Govermnent of Canada and a valid current Class "G" Driver's License issued by the Province of Ontario. 18. An applicant is entitled to be Licensed and a Licensee is entitled to have such License renewed, except where: (1) 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 in accordance with law and with integrity and honesty; or (2) the issuance of the License or renewal of the License would be contrary to the public interest; or (3) the applicant or Licensee is carrying on activities that are, or will be, if the applicant is Licensed, in contravention of this By-law; or (4) there are reasonable grounds for belief that the premises, accommodation, equipment, vehicles or facilities in respect of which the License is required do not comply with the provisions of this By-law or other applicable law; or - 4 - (5) the applicant or Licensee is a corporation; and (a) 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; or (b) the issuance of the License or renewal of the License would be contrary to the public interest. 19. The Council may revoke, suspend or refuse to renew a License: (1) Where the Licensee would not qualify for a License or would be disentitled to a renewal of a License on the grounds set out in this By-law; or (2) Where the Licensee has been the subject of repeated, established complaints regarding the operation of the business or the instruction of driving students; or (3) Where the Licensee has been found by the Clerk to be operating more vehicles than the Licensee has Plates for; (4) Where the Licensee has been found by the Clerk to have failed to comply with any of the provisions of this By-law; 20. Where the 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 Clerk shall not issue the License and the Clerk shall recommend to Council that Council shall refuse to issue or refuse to renew the License, or that Council suspend or revoke the License, or recommend that a License be issued subject to terms and conditions. 21. 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 recommendation being made by the Clerk to Council with respect to the. License shall be given to the applicant or Licensee by the Clerk. 22. The written notice to be given hereunder shall, (1) set out the grounds for the recommendation; (2) give reasonable particulars of the grounds; (3) be signed by the Clerk; and ( 4) 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. 23. On receipt of a written request for a hearing from an applicant or Licensee, the Clerk shall advise Council and request Council to convene a meeting and shall give the applicant or Licensee reasonable written notice thereof. 24. 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 or Licensee's absence and the applicant or Licensee shall not be entitled to any further notice of the proceedings. 25. At the conclusion of the hearing the Clerk shall, as soon as practicable, prepare a written report on the hearing, which shall sununarize the evidence and the argmnents 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. - 5 - 26. 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. General Provisions 27. The provisions of this By-law shall apply to all lands and premises within the Town of Aurora; 28. The Clerk is hereby directed to solicit from time to time from the Ministry of · Transportation and Communications a list of routes that will be used by Ministry personnel for the purpose of driver examination to formulate the boundaries of the Restricted Area. 29. Should any section of this By-law be declared invalid by a court of competent jurisdiction, such section shall be construed as being severed herefrom and the remainder of the By-law shall continue in full force and effect. 30. The short title of this By-law shall be the "Driving Schools By-law". 31. Administration of this By-law shall be the responsibility of the Clerk, who is hereby authorized to carry out the tasks and responsibilities assigned to the Clerk herein and to issue Licenses to Driving School Operators in accordance with the provisions of this By-law. 32. The provisions of this By-law may be enforced by the Clerk or by a Provincial Offences Officer. 33. All Schedules referred to in this By-law and attached to this By-law are deemed to be part of the By-law. Penalty 34. Every person who. contravenes any provision of this by-law is guilty of an offence, pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c.P. 33 (as amended or successor legislation thereto) and, upon conviction, is liable to a fme of up to $5,000 or to the maximum fme that may now or hereinafter be applicable pursuant to that legislation. 35. The provisions of this By-law shall come into force and effect upon third reading hereof. READ A FIRST AND SECOND TIME THIS 15TH DAY OF DECEMBER,l999. READ A THIRD TIME AND FINALLY PASSED THIS trH DAY OF MARCH, 2000. -~ "' ' 0 0 ~bc>;::p~"-----2-• M. DAVY, DEPUTY CLERK SCHEDULE "A" TO BY-LAW NUMBER 4132-99.P 1. RESTRICTED AREA The area bounded by: Wellington Street East Edward Street Industrial Parkway South Yonge Street 2. LICENCE FEES (i) Driving School Qnerators Anl!lication Eee $100.00 This fee includes the fee for the issuance of one Plate and for registering one Driving School Instructor. (ii) Each Subsequent Vehicle $50.00 (iii) Registration Fee For Driving School Instructor · $35.00 (iv) Re11lacement fee for Driving School Owner's Plate $30.00 (v) Renlacement fee for Driving School Instructor's nhoto identification $ 5.00 (vi) Renlacement fee for Driving School Owner's Licence Certificate $ 5.00