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BYLAW - Temporary Road Closure Reenactment - 20051213 - 475005T.. ····-· ··--··-·---· -··------~---·--·---------------------··---·-----------··- THE CORPORATION OF THE TOWN OF AURORA By-law Number 4750-05. T BEING A BY-LAW to provide for the procedure to temporarily close to vehicular traffic, for such time as may be specified, any highway or portion thereof under the jurisdiction of the Town of Aurora. WHEREAS the provisions of Section 42 of the Municipal Act, 2001, as amended, authorizes The Town of Aurora to enact by-laws to empower a committee of Council or a member of staff to temporarily close a highway for any purpose specified in the by-law; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT the Director of Corporate Services/Town Clerk is hereby authorized to close to vehicular traffic, on a temporary basis for such period as may be specified, any highway or portion thereof under the jurisdiction of the Town of Aurora for social, recreational, athletic, community, or filming purpose, or combination of such purposes; 2. THAT the Director of Public Works and/or his designate may temporarily close to vehicular traffic any highway or portion thereof under the jurisdiction of the Town of Aurora whenever necessary, for any period, for the construction, repairing, or improvement of such highway or portion thereof, or for any other cause deemed sufficient by the Director of Public Works, and may erect and keep thereon any barricade or warning device warning the public that such street is closed to traffic, and no person shall remove any such barricade or warning device, or enter upon or use a street so temporarily closed. 3. Notwithstanding Sections 1 and 2, the Director of Corporate Services/Town Clerk or the Director of Public Works may refer any application for a proposed closure of a highway or portion thereof to Council for a decision. 4. The Applicant shall be required to submit to the Director of Corporate Services/Town Clerk a completed application for the temporary road closure, containing the details as outlined on Schedules "A", "B", "C", or "D" to this by-law, and shall supply an insurance certificate to indemnify the Town from all liability in the amount of $2 million dollars. Applications for street parties by residents and social/community events shall be exempt from the requirement for an insurance certificate. 5. Fees shall be charged in accordance with Schedule "E" for the processing of an application for a temporary road closure. 6. Utility companies, contractors and others who request a temporary closure of a road or part thereof to carry out works shall be required to complete a road occupancy permit to be approved by the Director of Public Works or his designate. 7. Notwithstanding section 5, a fee may be waived by the Director of Corporate Services/Town Clerk for any event sponsored by the Town of Aurora or charitable organization. The applicant must provide proof that the event supports a recognized charity. By-law Number 4750-0S.P Page 2 of15 8. A certified cheque in the amount of $3,000 shall accompany the application to the Director of Corporate Services/Town Clerk for permits for filming and athletic events to cover all costs for the clean-up after the event. 9. A certified cheque in the amount of $500 shall be deposited with the Director of Corporate Services/Town Clerk for permits for parades and processions, other than Town sponsored events, to cover all costs for clean-up after the event. 10. THAT Schedules "A" to "E" inclusive attached hereto shall form part of this By- law. 11. THAT the provisions of this By-law shall come into force and take effect upon the final passage thereof. 12. THAT By-law 41 01-99.T is hereby repealed. READ A FIRST AND SECOND TIME THIS 13th DAY OF DECEMBER 2005. READ A THIRD TIME AND FINALLY PASSED THIS 131 h DAY OF DECEMBER 2005. //---; I / B. ---------~---~·~-~ SCHEDULE "A" By-law Number 4750•05.P Page 3 of15 POLICY ON TEMPORARY ROAD CLOSURES FOR PARADES AND PROCESSIONS Application: A policy to permit temporary road closures for parades and processions. Application Procedure: 1. The following shall be submitted to the Director of Corporate Services/Town Clerk 4 weeks prior to the event: · completed application form with hold harmless agreement · administration fee in the amount of $300.00 · confirmation of notification of affected properties · detailed route plan · certificate of insurance · request for services · deposit of a certified cheque in the amount of $500.00 for damages and clean-up 2. The application form shall be circulated to the following officials and agencies for comments: · Members of Council · Chief Administrative Officer · Director of Public Works ·Fire Chief · Director of Leisure Services · York Regional Police · Aurora Hydro · Region of York (if necessary) · Ambulance Service ·GO Transit Responsibilities of the Organizers: 1. The applicant shall adhere strictly to the start and finish time of the parade and the approved route. 2. The organizers shall appoint an appropriate number of parade marshals as recommended by the Director of Public Works. 3. The applicant is responsible for obtaining either a police escort or assistance from the York Regional Police Dept. and shall submit proof that the York Regional Police have been contacted, and further that the York Regional Police are committed to providing traffic control as required throughout the duration of the event. 4. The organizers shall pay the cost of providing all signs, barricades, delineators and other traffic control devices as required. 5. At the time of the application, the applicant must submit a detailed route map, for the approval of the Director of Public Works. This plan shall include: · details of the proposed route · proposed timing · placement of marshals on duty · location and description of traffic control signs and barriers By-law Number 4750-05.P Page 4 of 15 6. Subject to the Town's request, the applicant may be required to submit proof that the occupants and owners of property abutting the event site have been notified of the event at least 14 days prior to the event. 7. The applicant shall obtain any necessary approvals from the Region of York or any other agencies, if required, depending on the location of the parade or procession route. 8. The applicant shall comply with any other conditions established by the Director of Public Works and Director of Corporate Services/Town Clerk. 9. The applicant shall provide a liability disclaimer/hold harmless agreement with the application. 10. The Director of Corporate Services/Town Clerk shall refer the application to Council if the Town receives objections to the proposed road closure or for any reason the Director of Corporate Services/Town Clerk deems appropriate. 11. The Director of Corporate Services/Town Clerk may withdraw the permit at any time for non-compliance with the York Regional Police or any other policy requirements. 12. The applicant must make provisions for access to properties on the closed portion of the roadway for emergency purposes and must not block fire hydrants, driveways, or emergency access to buildings. 13. The applicant shall make the necessary arrangements to accommodate occupants and owners of property whose access will be affected by the closure. 14. A certified cheque in the amount of $500 shall be deposited with the Director of Corporate Services/Town Clerk to cover the Town's costs associated with clean-up after the event. If in the opinion of the Director of Public Works the location is not properly cleaned, the Town shall undertake to do the work and the associated costs shall be deducted from the applicant's deposit. 15. The applicant shall provide a certificate of liability insurance in the amount of $2.0 million naming the Town as an additional insured. The Corporation of the Town of Aurora By-law Number 4750-05.P Page 5 of15 APPLICATION FOR TEMPORARY ROAD CLOSURE PERMIT PARADES AND PROCESSIONS Applicants Name: _______________________ _ Address: __________________________ _ Telephone Number: (Bus) __________ (Home), ______ _ Road(s) to be Temporarily Closed: ________________ _ Date of the Event: _______________________ _ Time: (start), __________ (finish). ___________ _ Type of Event: ________________________ _ Fee Paid Hold Harmless Agreement_ Insurance Certificate Notification of Affected Properties _ Deposit for Clean Up_ Circulation: Members of Council Chief Administrative Officer Director of Public Works Fire Chief Director of Leisure Services York Regional Police Aurora Hydro Region of York (if required) Ambulance Service GO Transit 1/We hereby undertake and agree to at all times, save harmless and indemnify and keep the Town indemnified against and be responsible for all claims, demands, actions, suits or other legal proceedings by whomsoever made or brought against the Town in respect of any loss, damage or injury to any person or property arising directly or indirectly out of or as a result of the Town issuing this permit or the use of any of the Town's streets. Signature of the Applicant------------~----- Permit Approved ---:--:::,---:---::;:---;:;-;---;------------- Director of Corporate Services/Town Clerk This permit is issued solely for the locations herein specified and is subject to the applicant complying with all applicable regulations and by-laws and the terms set out in accordance with the permit. It shall be subject to cancellation at anytime without advance notice if in the opinion of the Director of Corporate Services/Town Clerk the applicant has failed to comply with any of the provisions of the governing by-law and policy. SCHEDULE "B" By-law Number 4750-0S.P Page 6of15 POLICY FOR TEMPORARY ROAD CLOSURES FOR STREET PARTIES AND SOCIAL/COMMUNITY EVENTS Application: A policy to permit temporary road closures for street parties, social/community events which are requested by citizens or community groups. Application Procedure: 1. The following shall be submitted to the Director of Corporate Services/Town Clerk At least 1 week prior to the event: · completed application form with hold harmless agreement · petition signed by all of the homeowners affected or confirmation of notification of affected properties · request for services 2. Application form shall be circulated to the following officials and agencies for comments: · Members of Council · Chief Administrative Officer · Director of Public Works ·Fire Chief · Director of Leisure Services · York Regional Police · Aurora Hydro Responsibilities of the Organizers: 1. The applicant shall adhere strictly to the start and finish times of the function. All street parties and social events shall end at 11 :30 p.m. 2. The applicant will ensure that the event will be conducted in accordance with the Town of Aurora noise by-law. 3. The applicant shall undertake any required restoration and clean-up to return the street to the condition which existed prior to the event and to meet any other requirements required by the Director of Public Works. 4. The applicant shall install any necessary barriers to ensure the roadway is properly barricaded to vehicular traffic. 5. The applicant is to submit a petition signed by all affected property owners or notify in writing all of the affected residences of the time and date of the event at least 5 days prior to the function, confirming that the road will be temporarily closed. 6. The applicant shall provide a liability disclaimer/hold harmless agreement with the application. 7. The applicant must ensure that access is provided to those properties within the closed portion of the road for emergency vehicles. 8. The applicant is requested to use discretion in permitting individual property owners access, if required, during the event. By-law Number 4750-05.P Page 7 of 15 9. The Director of Corporate Services/Town Clerk shall refer the application to Council if the Town receives objections to the proposed road closure or for any reason the Director of Corporate Services/Town Clerk deems appropriate. 10. The Director of Corporate Services/Town Clerk may withdraw the permit at any time for non-compliance of the policy by the applicant. 11. Barricades and signs to close the road will be delivered and picked up by the Public Works Dept. during normal working hours. The organizers will be responsible for the security of the signs and barricades upon delivery. The organizers will also be responsible to the set up of the barricades prior to the function and for the dismantling of the barricades after the function. 12. The applicant must make provisions for access to properties on the closed portion of the roadway for emergency purposes and must not block fire hydrants driveways or emergency access to buildings. By-law Number 4750-05.P Page 8 of15 The Corporation of the Town of Aurora APPLICATION FOR TEMPORARY ROAD CLOSURE PERMIT STREET PARTIES AND SOCIAL/COMMUNITY EVENTS Applicants Name: _______________________ _ Addffiss: __________________________ _ Telephone Number: (Bus) ___________ (Home). ______ _ Road(s) to be Temporarily Closed:·---~-------------- Date of the Event:. ________________________ _ Time: (start). __________ (finish) 11:30 P.M. Type of Event: _______________________ _ Hold Harmless Agreement Petition I Notification of Properties Circulation: Members of Council Chief Administrative Officer Director of Public Works Fire Chief Director of Leisure Services York Regional Police Aurora Hydro 1/We hereby undertake and agree to at all times, save harmless and indemnify and keep the Town indemnified against and be responsible for all claims, demands, actions, suits or other legal proceedings by whomsoever made or brought against the Town in respect of any loss, damage or injury to any person or property arising directly or indirectly out of or as a result of the Town issuing this permit or the use of any of the Town's streets. Signature of the Applicant ------------~---- Permit Approved --:::-:---:---::-:::-------:--:::--:---::::---'--::::--,-------- Director of Corporate Services/Town Clerk This permit.is issued solely for the locations herein specified and is subject to the applicant complying with all applicable regulations and by-laws and the terms set out in accordance with the permit. It shall be subject to cancellation at anytime without advance notice if in the opinion of the Director of Corporate Services/Town Clerk the applicant has failed to comply with any of the provisions of the governing by-law and policy. SCHEDULE "C" By-law Numb£1r 4750-0S.P Page 9 of15 POLICY ON TEMPORARY ROAD CLOSURES FOR ATHLETIC EVENTS Application: A policy to permit temporary road closures for athletic events, excluding motorized vehicle races. Application Procedure: 1. The following shall be submitted to the Director of Corporate Services/Town Clerk at least 4 weeks prior to the event. • completed application form and hold harmless agreement • administration fee in the amount of $500.00 • detailed route plan • confirmation of notification of affected properties • certificate of insurance • request for services • deposit of a certified cheque in the amount of $3,000.00 for damages/ clean- up 2. The application form shall be circulated to the following officials and agencies for comments. • Members of Council • Chief Administrative Officer • Director of Public Works • Fire Chief . • Director of Leisure Services • York Regional Police • Aurora Hydro • Region of York (if necessary) Responsibilities of the Organizers: 1. The applicant shall strictly adhere to the start and finish time and the approved route of the event. 2. The applicant shall submit proof in writing that occupants and owners of the properties abutting the event route and whose access could be affected by the staging of the event have been advised of the at least 14 days prior to the event. 3. The applicant shall pay the cost of providing all signs, barricades, delineators and any other traffic control measure including any paid off duty police officers required to assist with traffic movement during the event as deemed necessary by the Director of Public Works and the York Regional Police Dept. The applicant shall provide proof to the Director of Corporate Services/Town Clerk that sufficient officers will be available for the event. 4. The applicant shall obtain any necessary approvals from the Region of York and any other agency, if applicable. By-law Number 4750-05.P Page 10 of15 5. The applicant shall submit a detailed route map with the application for approval by the Director of Public Works. This plan shall include: • details of the proposed route • proposed timing • placing of marshals and paid duty police officers • location and description of all traffic control signs, barricades, and other devices • any other details as requested by the Director of Public Works 6. The applicant will ensure that the event will be conducted in accordance with the Town of Aurora noise by-law. 7. The applicant is requested to use discretion in permitting individual owners access to their property if required. 8. The applicant must make provisions for access to properties on the closed portion of the road for emergency purposes, and must not block fire hydrants, driveways, or emergency access to buildings. 9. The applicant shall comply with any conditions as specified by the Director of Public Works or Director of Corporate Services/Town Clerk. 10. The applicant shall provide a certificate of liability insurance in the amount of $2 million dollars naming the Town as additional insured. 11. The applicant shall provide a signed hold harmless agreement which shall at all times indemnify the Town against all claims, demands, actions, suits or other legal proceedings by whosoever that may be brought against the Town in respect of any loss, damage, or injury to any person or property arising directly as a result of the Town issuing a permit for the use of any Town roads. 12. The applicant shall provide proof that they have obtained a release/waiver form each participant indemnifying the Town from any action in the event. 13. The applicant shall submit a certified cheque in the amount of $3,000 which shall be deposited with the Town to cover the Town's costs associated with the clean- up after the event. If in the opinion of the Director of Public Works the location is not properly cleaned, the Town shall undertake to do the work and the associated costs shall be deducted from the applicant's deposit and if in excess of the deposit, the applicant shall pay the balance on the receipt of the invoice. 14. The Director of Corporate Services/Town Clerk shall refer the application to Council if the Town receives objections to the proposed road closure and for any other reason the Director deems it appropriate. By-law Number 4750-0S.P Page 11 of15 The Corporation of the Town of Aurora APPLICATION FOR TEMPORARY ROAD CLOSURE PERMIT ATHLETIC EVENTS Applicants Name: _______________________ _ Address: __________________________ _ Telephone Number: (Bus) __________ (Home). ______ _ Road(s) to be Temporarily Closed:. _________________ _ Date of the Event: _______________________ _ Time: (start) __________ _ _ (finish). __________ _ Type of Event: ___________ , ____________ _ Fee Paid Hold Harmless Agreement Notification of Affected Properties Insurance Certificate Deposit for Clean Up Circulation: Members of Council Chief Administrative Officer Director of Public Works Fire Chief Director of Leisure Services York Regional Police Aurora Hydro 1/We hereby undertake and agree to at all times, save harmless and indemnify and keep the Town indemnified against and be responsible for all claims, demands, actions, suits or other legal proceedings by whomsoever made or brought against the Town in respect of any loss, damage or injury to any person or property arising directly or indirectly out of or as a result of the Town is15uing this permit or the use of any of the Town's streets. Signature of the Applicant ------------------ Permit Approved -=-:---:--.,----....,--=---:--=---=:-:--:------- Director of Corporate Services/Town Clerk This permit is issued solely for the locations herein specified and is subject to the applicant complying with all applicable regulations and by-laws and the terms set out in accordance with the permit. It shall be subject to cancellation at anytime without advance notice if in the opinion of the Director of Corporate Services/Town Clerk the applicant has failed to comply with any of the provisions of the governing by-law and policy. SCHEDULE "D" By-law Number 4750-0S.P Page 12 of15 POLICY ON TEMPORARY ROAD CLOSURES FOR FILMING ON LOCATION Application: The Council of the Town of Aurora recognizes the value of the film industry in Ontario, and wherever possible will cooperate with the filming industry when it wishes to film in the Town. This policy will apply to any film company wishing to film in the municipality whether on Town roads or private property. Application Procedure: 1. Prior to filming approval, the following documentation must be submitted to the Corporate Services Department: • filming permit application • hold harmless agreement/liability disclaimer • certificate of insurance • parking control plan • administrative fee in the amount of $300 • road inspection fee in the amount of $250 • deposit of a certified cheque in the amount of $3,000 for damages/clean up 2. The application form will be circulated to the following officials and agencies for comments: • Members of Council • Chief Administrative Officer • Director of Public Works • Fire Chief • York Regional Police • Aurora Hydro • Region of York (if necessary) Policy: 1, Permission for location filming, except for current affairs and newscasts, on streets or property in the Town of Aurora will be authorized by the Corporate Services Dept Any approval for road closure will be at the discretion of the Director of Public Works (or his designate). 2. The Corporate Services Dept will be advised of all scheduled location filming not less than 10 business days in advance of filming, in order for approval to be issued. 3. Location filming on streets in urban areas will be limited to two occasions per year (minimum 1 day, maximum 5 days) for each residential block. 4. All generators used on streets in residential areas shall be silenced. 5. Affected residents and businesses must be notified in advance of the duration and location of the filming, including any planned interference with pedestrian or vehicular traffic. It is the responsibility of the Corporate Services Dept to advise the appropriate officials of any filming activity. By-Jaw Number 4750-05.P Page 13 of 15 6. The maximum number of production vehicles, clearly identified, allowed by permit on streets will not exceed 12. Where parking is limited for a certain location, the number of vehicles will be limited to the discretion of the Director of Public Works. 7. Any equipment and vehicles not in use shall be placed in such a manner so as not to cause interference to pedestrians or vehicular traffic. 8. Production vehicles or equipment must not block fire hydrants, stop signs, traffic signals, driveways, sidewalks and must park in accordance with the Town of Aurora parking regulations and the Highway Traffic Act. All safE?ty markers must be placed in accordance with the Manual for Uniform Traffic Control Devices. 9. Lighting for filming shall be oriented away from neighbouring residences and should not interfere with the safe operation of traffic movement and pedestrians. 10. Production crews will clean the filming location at the end of each filming day to the satisfaction of the Public Works Dept. If in the opinion of the Public Works Dept. the location is not properly cleaned, the Town shall undertake to do the work and the associated costs shall be deducted from the applicant's deposit and, if in excess of the deposit, the applicant shall pay the balance forthwith on the receipt of the invoice, before filming can resume. A certified cheque payable to the Town of Aurora in the amount of $3,000 shall be deposited with the Town to cover any costs associated with clean up of Town roads after or during filming. 11. The applicant shall pay the cost of providing all signs, barricades, or other traffic control devices that may be needed for proper traffic control, as deemed by the Director of Public Works, or the York Regional Police. 12. A traffic control plan shall be submitted to the Director of Public Works for approval. Such plan shall include limits of the proposed road closure, and location and description of traffic control. signs, and barricades. 13. Any filming on the road or travelling shots on a road must be controlled by the police, and no stopping of traffic may exceed 3 minutes, unless special arrangement have been made with the Town to detour traffic, and the affected residents have been notified. 14. The applicant shall, at his expense, engage such numbers of paid off duty police officers as may be directed by the Director of Public Works. 15. The applicant shall pay the cost of any Town staff that may be required on location as deemed necessary. 16. The applicant shall comply with any other conditions or guidelines as deemed necessary by the Director of Corporate Services, or Director of Public Works. 17. The applicant shall provide a Certificate of Insurance in the amount of $2,000,000 naming the Town of Aurora as additional insured. The General Comprehensive Public Liability insurance shall contain a cross liability/severability of interest clause which is defined as follows: "The insurance afforded by this policy shall apply in respect to any claim or action brought against any one insured by any other insured. The coverage shall apply in the same manner and to the same extent as though a separate policy had been issued to each insured. Any breach of a condition of the policy by any insured shall not affect the protection given by the policy to any other insured and shall not operate to increase the limit of liability under this policy." By-law Number 4750-0S.P Page14of15 18. The applicant shall provide a hold harmless agreement/liability disclaimer with the application, which shall indemnify the Town, at all times, against all claims, demands, actions, suits or other legal proceedings by whosoever, that may be brought against the Town with respect to any loss, damage or injury to any person or property arising as a result of the Town issuing a permit for the use of any Town roads. 19. The Director of Corporate Services shall refer the application to Council if the Town receives objections to the proposed road closure and for any other reason the Director deems appropriate. 20. The Director of Corporate Services may withdraw the permit at any time for non compliance by the applicant with any terms of this policy. 21. Filming on Town of Aurora property includes: a) requests to film at community centres and Town owned facilities; b) requests to film at the Town Hall; c) requests to film in parks. 22. Requests to film at community centres and Town owned facilities: The Director of Corporate Services will submit all requests to film or to park production vehicles at a community centre or other Town owned facility to the Director of Leisure Services at least ten working days prior to the date of use. Any approval including fees will be at the discretion of the Director of Leisure Services. 23. Requests to film at Town parks: The Director of Corporate Services will submit all request to film at any Town parks to the Director of Leisure Services at least ten working days prior to the date of use. The applicant will be required to comply with all of the provisions similar to filming on Town roads as outlined in this policy. Any approval including fees will be at the discretion of the Director of Leisure Services. Fees for commercial filming in Town parks will be based on the four defined permit classes as follows: Class 1 Use of hand held cameras, no additional services required, no fee. Class 2 Half day usage, no supervision, no roped off areas, fee $250. Class 3 Parking and provision of on site location for production vehicles and equipment, i.e. trailers, light towers, generators etc, fee $250 per day. Class 4 Filming that in addition to services required in Class 2, requires closure of or restricted access to a municipal park or the assistance of Leisure Services Dept. staff, fee $500 per day plus associated expenses. SCHEDULE "E" Fees 1. Parades and Processions events $300 2. Street parties and Social/Community Events NONE 3. Athletic Events $500 4. Filming $300 By-taw Numb&r 4750-0S.P Page15of15 Note: These fees are only for the road closure permit. Additional fees may be charged by the Town for any additional services that may be required for the event.