The Corporation of the Town of

By-Law Number 40-2019

Being a By-Law to Regulate Motor Vehicle Racing and Motor Vehicle Racing Facilities in the Town of South Bruce Peninsula

Whereas the Municipal Act, 2001, c.25, Section 151 provides for a system of licences with respect to a business;

And whereas the Municipal Act, 2001, c.25, Section 165 provides that a municipality may prohibit or license, regulate and govern the racing of motor vehicles and the holding of motor vehicle races;

And whereas the Municipal Act, 2001, c.25, Section 429 provides the authority to establish a system of fines for offences under a by-law of the municipality passed under the Municipal Act;

And whereas the Municipal Act, 2001, c.25, Section 436 provides for the power of entry for the purpose of inspection by an employee, officer or agent of the municipality to determine compliance; i And whereas the Town deems it expedient to make provision for the licensing of motor vehicle racing and motor vehicle racing facilities within the Town of South Bruce Peninsula.

Now therefore the Council of the Corporation of the Town of South Bruce Peninsula enacts as follows:

1. Definitions

1.1 Clerk means the person, or his or her designate, appointed by the Town in accordance with the provisions of the Municipal Act, 2001, as amended,.

1.2 Council means the elected council of the Corporation of the Town of South ! Bruce Peninsula.

1.3 Crew means any person(s) assisting in the racing of motor vehicles, including the sponsor of any team or vehicle and may serve the function of mechanic, driver and assistants. ;

1.4 Fire Chief means the person, or his or her designate, appointed by the Town in accordance with the fire Protection and Prevention Act, 1997 as amended,.

1.5 Highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof as defined by the Highway Traffic Act R.S.O. 1990, c. H.8 as amended.

1.8 Licence in relation to a licence issued under this by-law, includes a permit, an approval, a registration and any other type of permission, and “licensing” has a corresponding meaning.

1.7 Major Emergency Response Incident means the requirement of additional ambulance assistance or police or fire personnel response or an accident which delays racing for a period of longer than one hour.

1.8 Motor Vehicle shall mean a motorcycle, motorized snow vehicle, all-terrain vehicle, go-cart, truck, automobile and any other vehicle propelled or driven other than by muscular power.

1.9 Motor Vehicle Race means any practice, time trial, race, lapping, driver training race school or demonstration at the motor vehicle racing facility whether in competition with other motor vehicles for recreational or any other purposes and in preparation for such operations of motor vehicles. I 1.10 Motor Vehicle Racing Facility means any lands, buildings or structures designed, intended for use or used for the racing of motor vehicles on a temporary or permanent basis.

1.11 Motor Vehicle Racing Staging Area means that area where individuals operating and maintaining motor vehicles for racing park their motor vehicles for hauling, motor vehicles for racing and trailers in preparation for motor vehicle racing.

1.12 Officer means that person as appointed by the Town to enforce the provisions of this by-law and includes the By-Law Enforcement Officer, a Provincial Offences Officer or a Police Officer as the case may be.

? 1.13 Owner means the person, individual, business, etc. with legal title to a motor vehicle racing facility.

1.14 Promoter means the person, individual, business, etc. with care and control of a motor vehicle racing facility at any given point in time, and with the authorization of the owner of the facility.

1.15 Sanitary facilities means at minimum facilities containing at least toilets and washbasins.

1.16 Trailer means any unit whether self-propelled or designed to be towed by another vehicle which is used for human habitation and will include a tent which may be erected for human habitation.

2. General Provisions

2.1 No person shall operate a motor vehicle racing facility or permit motor vehicle racing on any lands within the Town of South Bruce Peninsula without first obtaining a licence from the Town of South Bruce Peninsula.

2.2 No person shall operate a motor vehicle racing facility or permit motor vehicle racing unless all facilities and services are provided for as set out in this by-law.

2.3 No person shall operate a motor vehicle racing facility or permit motor vehicle racing upon lands in the Town of South Bruce Peninsula unless said lands are zoned for such intended use.

3. Motor Vehicle Racing Facility Requirements

3.1 The motor vehicle racing is to be held on a motor vehicle racing facility, which has been constructed with adequate provisions for the elimination of dust.

3.2 The motor vehicle racing facility must have such barricades/fencing and space between barricades/fencing to protect spectators from the motor vehicle racing in accordance with provisions as established by the insurer for the owner or promoter of the motor vehicle racing facility.

3.3 The motor vehicle racing facility must have adequate fire extinguishers in case of any accident or fire. 3.4 The number and type of extinguishers shall be subject to the approval of the Fire . Chief having jurisdiction over the racetrack location.

3.5 The owner or promoter must carry an insurance policy to insure against injury to spectators and property damage at the motor vehicle racing facility and any motor vehicle race.. All minimum coverage is detailed below:

Commercial General Liability insurance policy not less than $5,000,000 per occurrence/ $10,000,000 aggregate, which insures against third party claims for bodily injury (including death), personal injury and/or property damage as a result of actual or alleged negligence of the Contractor. This policy shall include:

a. The Town of South Bruce Peninsula as Additional Insured b. Cross Liability / Severability of Interests clause c. Contractual Liability d. Minimum thirty (30) day’s written notice of cancellation or non-renewal to the Municipality

: The Liability Insurance Policy and/or endorsements shall be satisfactory to the Corporation. The insurance coverage noted above shall be maintained in force throughout the term of the licence.

3.6 The motor vehicle racing facility must have sanitary facilities, which comply with health regulations as set down by Federal or Provincial health regulations, as the case may be.

3.7 Where required, the owner or promoter must make arrangements for the control of traffic before and after motor vehicle races.

3.8 Traffic control shall be to the satisfaction of the Ontario Provincial Police and the municipal authority having jurisdiction over the highway by which the motor vehicle facility gains access and egress.

: 3.9 There shall be provided at the motor vehicle racing facility, adequate parking spaces for patron vehicles and for vehicles and trailers of those racing motor vehicles and their crew members.

3.10 AH driveways, corridors and aisles, both in patron parking areas and in motor vehicle racing staging area shall be clearly identified and kept clear of parked vehicles, trailers or other impedances.

3.11 The owner or promoter shall provide adequate supervision of the motor vehicle race to prevent danger to the public and shall not permit any spectators in the infield, upon the area used to race motor vehicles, except when motor vehicles are not racing.

4. Days and Times for Motor Vehicle Racing

4.1 Motor vehicle races will be permitted as submitted per Schedule “A”. Practices will commence at 4pm and official racing commencing at 7pm and racing to end by 11pm.

4.2 Noise from motor vehicles will be permitted between the hours of 3:00 pm and 12:00 pm and will be limited to motor vehicle racing staging area operations. No motor vehicle racing is permitted on the race track until 4:00 pm.

4.3 Notwithstanding any provision contained herein, no motor vehicle races will begin after 10:30 pm.

4.4 If a rain delay continuing for more than one hour or major emergency response ? incident occurs, motor vehicle racing time may be extended to 12:00 midnight only. This provision relates to motor vehicle races held on Saturday and Sunday and Friday of a long weekend.

4.5 If a rain event occurs or a rain delay continuing for more than one hour or major emergency response incident occurs and a motor vehicle race is cancelled, motor vehicle racing may be held on the next Friday, subject to all of the provisions contained in this by-law. This provision relates to motor vehicle races held on Thursday.

4.6 If a rain event occurs or a rain delay continuing for more than one hour or major emergency response incident occurs and a motor vehicle race is cancelled, motor vehicle racing may be held Monday, subject to all of the provisions contained in this by-law. This provision relates to motor vehicle races held on long weekends.

4.7 From May 1st- September 30th, 2019 motor vehicle testing, restricted to lapping practices, driver training and school will be permitted on Monday through Friday between the hours of 1:00 pm and 8:00 pm and will be limited to one (1) motor vehicle on the track at any given time.

4.8 When motor vehicle racing is scheduled for Friday or Sunday, no lapping, practice, driver training and school will be permitted. 4.9 Except as provided in this by-law, other days and times may be approved only if approved by Council, by resolution upon hearing a delegation from the owner/promoter.

4.10 Where Council is requested to approve a racing schedule which is not as permitted herein, it shall be understood that such changes will be considered on an individual basis, with each being reviewed on its own merit and approved or refused at the sole discretion of Council, by resolution.

4.11 When considering a racing schedule which is not as permitted herein, consideration will be given to previous compliance with all provisions of established by-laws and regulation, the frequency of the requested change, complaints received by the Town with regard to the motor vehicle racing facility, the economic impact of the change to the owner/promoter, any conflict with other I events, the impact on the surrounding land uses, mitigation strategies and plans to be implemented and whether adequate time is given for Council to consider the request. It is hereby understood that this is not an all-exhaustive list of items which will be considered when Council renders a decision in this regard.

5. Issue and Revocation of Licence

5.1 The owner or promoter will make application to the Town, on the prescribed form to obtain a licence each year.

5.2 As part of the licence application each year, the owner or promoter shall supply the Town with a listing of all dates and times for motor vehicle races proposed to be held in the calendar year.

5.3 The owner or promoter will pay a non-refundable licence fee; said fee shall be as established in the Town Fee By-Law and amended from time to time.

5.4 Proof of insurance must be produced before a licence will be issued.

5.5 The owner or promoter will provide such documentation to the Town as is required by the Town to assist in the consideration of issuing a licence and to ensure compliance with the provisions contained in this by-law before a licence will be issued. 5.8 Notwithstanding section 5.5.1 above, the owner/promoter will make available upon request to the Town:

• A site plan which includes the location of all buildings, structures, parking areas, racing areas, camping areas, pit/motor vehicle staging areas, spectator areas, garbage storage areas, food service areas, emergency facilities, fuel storage/fuel handling areas, permanent/temporary fencing/barricades;

• An emergency management / safety plan identifying steps to be taken in the event of an emergency, where fire fighting equipment including but not limited to fire extinguishers, first aid treatment stations, emergency exits, fire routes are located; and '

• Clearance letters from the police, fire services, AGCO, Grey Bruce Health Unit and TSSA, as applicable.

5.7 Subject to compliance with the provisions of this bydaw, the Clerk of the Town shall issue a licence to the applicant.

5.8 The licence issued by the Clerk shall be valid from the date of issue to December 31 in the year in which it was issued unless it has been revoked by the Town.

5.9 The licence issued for motor vehicle racing will be only for such dates as specified in the licence.

5.10 Permission for the addition of any motor vehicle racing dates which would be held on days permitted in this by-law, would only be granted by making application as described herein, with a licence amendment being issued, subject to the provisions of this by-law.

5.11 Practice, lapping, driver training and school will be understood to be permitted on such days and times as are in accordance with this by-law and do not specifically need to be included on the licence.

5.12 The licence will be displayed in such location as would be visible when any Officer attends at the motor vehicle racing facility.

5.13 If the owner or promoter of a motor vehicle racing facility fails to comply with any requirements of this by-law, the Clerk may revoke the license. 5.14 Notice of revocation will be effectively given by registered mail or courier to the last known address of the owner or promoter and by posting the notice of revocation on the lands used as a motor vehicle racing facility.

5.15 Notice of revocation will be deemed to have been received three (3) days after the registered mail or courier is sent and will be deemed to have been received immediately after the posting on the facility.

5.16 No motor vehicle racing shall take place after the notice of revocation is deemed to have been received.

6. Appeals

6.1 In the event that the Clerk refuses to issue a license for any reason or a licence is revoked, the owner or promoter may appeal the decision to Council by attending Council as a delegation and presenting the request.

6.2 Council may, in its sole discretion, direct that the licence be issued or re-issued as requested, be issued or re-issued with conditions or may uphold the decision of staff in not issuing or revoking the licence.

6.3 In considering the request, Council shall consider whether the owner or promoter has failed to comply or will fail to comply with any provision of this by-law or any other legislation.

6.4 Where any charge, ticket or notice of offence has been laid by an Officer because of a violation of the provisions contained in this by-law, there will be no appeal to Council permitted with respect to the charge, ticket or notice of offence issued.

7. Overnight Camping

7.1 The crew and any spouse or child of the crew, will be permitted to park and occupy no more than four (4) trailers per motor vehicle racing team overnight only on the nights of motor vehicle racing events.

7.2. Overnight camping will take place on the property of the motor vehicle racing facility in an area which is specifically segregated from parking areas. 7.3. Areas designated for overnight camping will not be permitted to encroach into areas designated for patron parking.

7.4 Areas designated for overnight camping will be only as permitted in the approved site plan, submitted by the owner/promoter in association of the annual request 1 for a license.

7.5 Overnight camping will not exceed three (3) nights in any calendar week.

1 7.6 No person shall make any noise likely to disturb the inhabitants of the Town or ! allow or permit such noises to be made in accordance with the Town’s “Noise By- Law”.

8. Inspection by Officer

8.1 Any person who has been issued a licence and any person who intends to hold a licence to operate a motor vehicle racing facility shall permit an Officer and such other municipal staff person and their agents as is required by the Town to ensure compliance with this by-law and any other legislation, to inspect the motor vehicle racing facility.

9. Noise By-Law

9.1 Owners and promoters of motor vehicle racing facilities shall be exempt from the provisions contained in the Town Noise By-Law, as may be amended from time to time while motor vehicle races are being held.

9.2 No person shall race a motor vehicle or permit motor vehicle racing on a race track unless the motor vehicle or motor vehicles are equipped with an operating sound muffling and dampening device (mufflers).

10 Enforcement

10.1 Every person who violates a provision of this by-law is guilty of an offence and upon conviction is liable to the penalty as provided in Section 61 of the Provincial Offences Act, RSO 1990, C 33 as amended from time to time.

10.2 Every person who contravenes any provision of this by-law is guilty of an offence s and upon conviction is liable to a minimum fine of $500.00 (five hundred dollars) and a maximum fine of not more than $100,000.00 (one hundred thousand dollars) as provided for by Section 429 of the Municipal Act, 2001, c.25, as amended.

10.3 In the case of a continuing offence for each day or part of a day that the offence continues, every person who contravenes any provision of this by-law shall be liable to a minimum fine of $500.00 (five hundred dollars) and a maximum fine of not more than $10,000.00 (ten thousand dollars) with the total of all daily fines not being limited to $100,000.00 (one hundred thousand dollars).

10.4 In the case of a multiple offence, for each offence included in the multiple offence, every person who contravenes the provisions of this by-law shall be liable to a minimum fine of $500.00 (five hundred dollars) and a maximum fine of $10,000.00 (ten thousand dollars) with the total of all fines for each included offence not being limited to $100,000.00 (one hundred thousand dollars).

10.5 No person shall obstruct, hinder or in any way interfere with any person designated to enforce this by-law.

11 Severability

11.1 Where any clause, section or part of this by-law is severed or struck down by a court of competent jurisdiction, it is understood that in no way will the clause, section or part severed or struck down affect the remainder of the by-law and all other sections, clauses and parts remain in full force and effect.

12 Administration and Effect

12.1 This by-law shall come into full force and effect upon the final passing thereof.

12.2 Any by-law or provision contained within a by-law which is inconsistent with this by-law is hereby repealed.

Read a first and second time this 7th day of May, 20

xMayor Read a third time and finally passed this 7th day of May, 2019. f i / i -f i L. 1 /&/■7 / ✓ / // : • / /l /^M&DrL . f^a^Cterk w y ;

I

j By-Law Number 40-2019 Schedule “A”

Sauble Speedway 2019 Schedule ! Sat June 15th 1PM Practice / Safety Check Day - All Classes Sat June 29th 7 PM Super Stock, Bone Stock, JR Late Models, Outlaw Midgets, Sun June 30th 7 PM Super , JUKASA Qualifier Super Stock 35 lap, Outlaw Midgets Sat July 6th 7 PM BIG Z Salute, Jukasa Qualifier NASCAR Pro Late Series, Super Stock, Bone Stock, JR Late Models Sat July 13th 7 PM INEX Legends, Super Stock, Bone Stocks, JR Late Models Sat July 20th 7 PM NASCAR Pro Late Model Series, Super Stock, Bone Stock Sat July 27th 7 PM Lucas Oil Sportsman Cup, Pro Challenge, Bone Stock, JR Late Models Fri Aug 2nd 7 PM APC United Late Model Series, INEX Legends Sat Aug 3rd 7 PM INEX Legends, Super Stock, Bone Stock Invitational, JR Late Models Sun Aug 4th 7 PM APC United Late Model Series, Can-Am Midgets, Mini Stock Invitational Mon Aug 5th 2 PM Rain Date Sat Aug 10th 7 PM NASCAR Pro Late Model Series, Super Stock, Bone Stock, JR Late Models Sat Aug 17th 7 PM Super Late Model, Super Stock, Bone Stocks, JR Late Models Sat Aug 24th 7 PM CHAMPIONSHIP Night: NASCAR Pro Late Model Series, Super Stock, Bone Stocks, JR Late Models, Outlaw Midgets Sat Aug 31st 7 PM OSCAAR Pro Sprints, Bone Stock Invitational, plus Kids Bike Race Night Sat Sept 7th 2 PM Rain Date Sat Nov 2nd Year End Banquet