February 17, 2000

To: Planning and Transportation Committee

From: City Clerk, Licensing Sub-Committee

Subject: Hours of Operation for Auto Body Shops and Car Washing Establishments

Coin-operated Car Washes - Hours of Operation

Recommendations:

The Licensing Sub-Committee recommends:

(1) that the report (January 11, 2000) from the Acting Commissioner of Urban Development Services, titled "Hours of Operation for Auto Body Shops and Car Washing Establishments", be adopted; and

(2) Schedule 24 of Licensing By-law 20-85 be amended so that the hours of operation of coin-operated car washing facilities located within a 122-metre distance from a residential area be regulated as follows:

(a) 7:00 a.m. to 9:00 p.m., Mondays to Fridays;

(b) 9:00 a.m. to 6:00 p.m., Saturdays and Sundays; and

(c) 7:00 a.m. to 11:00 p.m., Mondays to Fridays (beginning of June until end of September).

The Sub-Committee reports having received the report (February 1, 2000) from the Acting Commissioner of Urban Development Services, titled "Hours of Operation for Auto Body Shops and Car Washing Establishments".

Background:

At its meeting on February 14, 2000, the Licensing Sub-Committee considered the following reports:

- (February 1, 2000) from the Acting Commissioner, Urban Development Services, reporting, as requested, on the issue of distances between car washing establishments and residential zones, and different classes of car washing establishments, and recommending that this report be received for information;

- (January 11, 2000) from the Acting Commissioner, Urban Development Services, reporting on the issue of hours of operation for auto body shops and car washing establishments, and recommending that:

(1) a program of targeting problem locations be adopted; and

(2) the by-law not be amended at this time

- (February 4, 2000) from the City Solicitor, responding to the Licensing Sub-Committee's request for a legal opinion respecting City Council's authority to regulate the hours of operation for coin-operated car wash businesses, and recommending that this report be received for information.

The Sub-Committee also had before it a communication (February 14, 2000) from Jim Caranci, President, Bodylines Auto Body, in opposition to regulating hours.

The following persons addressed the Sub-Committee respecting hours of operation for autobody shops:

- Cesar Palacio, Executive Assistant to Councillor Disero

- John Norris, Toronto Collision Repair Society

- Bill Davis, Ontario and Toronto Automobile Dealers' Association

The following persons addressed the Sub-Committee respecting hours of operation for car washing establishments:

- Jim Kitchen, Petro-Canada

- Brad Goetz, Canadian Car Wash Association.

City Clerk

Renée Mina/ed

Items 2 and 3 (attached)

c: Commissioner, Urban Development Services

Executive Director, Municipal Licensing and Standards, Urban Development Services

Director, Municipal Licensing and Standards, Urban Development Services

City Solicitor, Attn: Ansuya Pachai

Interested Persons

February 1, 2000

To: Licensing Sub-Committee

From: James Ridge, Acting Commissioner of Urban Development Services

Subject: Hours of Operation for Auto Body Shops and Car Washing Establishments

Purpose:

To report on the issue of distances between car washing establishments and residential zones, and different classes of car washing establishments.

Financial Implications and Impact Statement:

There is no financial implication connected to this report.

Recommendation:

It is recommended that this report be received for information.

Background:

At its meeting on January 24, 2000, the Licensing Sub-Committee received a report on the issue of regulating the hours of operation for auto body shops and car washing establishments. At that time, a concern was expressed with respect to noise problems relating to coin-operated car washing establishments. As a result, a further report was requested on distances between car washing establishments and residential zones. In addition, the Sub-Committee requested information on different classes of car washing establishments and a report from Legal Services.

Comments:

Classifications of Car Washing Establishments:

At the present time, Part 3 of Schedule 24 of Licensing By-law 20-85 contains four (4) classifications for car washing establishments. The classifications are:

"Dry Mechanical Car Wash" means a facility for washing cars where the car is moving through a series of cleaning and drying processes.

"Wet Mechanical Car Wash" means a facility for washing cars without a drying process where the vehicle is moving through a cleaning process only.

"Stationary Mechanical Car Wash" means a facility for washing cars without a drying process where the vehicle remains in a stationary position throughout the cleaning process.

"Manual Car Wash" means a facility for washing vehicles by means of a hand held device.

Coin-operated car washing establishments of the kind that created the noise concern would appear to fall within the last classification.

Separation from Residential Zones:

It was suggested at the Sub-Committee that the width of a road allowance may provide a satisfactory separation from a residential zone.

The width of a road allowance can vary considerably. The following table compiled from information received from the City Surveyor describes types of road allowances along with their widths.

Conclusions:

The classification of "Manual Car Wash" as currently defined would appear to include a coin- operated car washing establishment.

If the Licensing Sub-Committee is of the opinion that it is desirable that the hours of operation for a "manual car wash" within a specified distance of a residential zone be limited, it is suggested that the City Solicitor, in consultation with the Commissioner of Urban Development Services, be authorized to prepare and introduce in Council a by-law to amend Parts 3 of Schedule 24 of Licensing By-law No. 20-85, in accordance with the time and distance restriction recommended by the Sub-Committee.

Contact:

E. Gino Vescio

Sr. Policy and Research Officer

Municipal Licensing and Standards

Telephone: 392-8769

Fax: 392-8805

email: gvescio@toronto.ca

James Ridge

Acting Commissioner

Urban Development Services

January 11, 2000

To: Licensing Sub-Committee

From: James Ridge, Acting Commissioner of Urban Development Services

Subject: Hours of Operation for Auto Body Shops and Car Washing Establishments

Purpose:

To report on the issue of hours of operation for auto body shops and car washing establishments.

Financial Implications and Impact Statement:

There is no financial implication connected to this report.

Recommendations:

It is recommended that:

(1) A program of targeting problem locations be adopted; and

(2) The by-law not be amended at this time.

Background:

At its meeting on December 7, 1999, the Licensing Sub-Committee requested a further report on the issue of regulating the hours of operation for auto body shops and car washing establishments.

The rationale for regulating hours of operation for any business is to minimize the impact of the business on the neighbouring community. Most licensed businesses recognize that in order to be successful they must maintain a good image and work with the community by being a good neighbour and respecting the community's right of enjoy of their property.

Auto Body Shops

As previously reported, a pilot project was undertaken in the West District. The area in question had a history of problems associated with public garages, which included three (3) auto body shops. Over the years several of the buildings had deteriorated and the operators were found using the yards of the properties for working on vehicles and the storage of vehicle parts. In addition, vehicles were being parked on the City boulevards without the necessary permit. The pilot project brought together enforcement staff of Municipal Licensing and Standards (zoning, property standards and licensing) and Works and Emergency Services (boulevards) in an effort to address the issues resulting from the operation of the garages.

The project was a success, repairs have been made to many of the buildings, and yards have been cleaned up. In the case of boulevard parking, permits were issued in some cases; in others, curbstones were installed to restrict parking on the boulevard. Although we have not as yet achieved total compliance, major improvements have taken place.

A telephone survey has been conducted of approximately 40 licensed auto body shops within the City of Toronto. The results of the survey indicate that approximately 90% of auto body shops in the City are open between 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. to 12: 00 noon on Saturdays.

As a result of the survey, it would appear that the vast majority of licensed auto body shops are operating within reasonable hours.

In the case of unlicensed auto body shops, strict enforcement of existing licensing provisions and any other applicable by-laws such as property standards and noise control would resolve the majority of problems.

Car Washing Establishments

I have also been asked to report on car washing establishments.

According to Mr. Bob Clapp, Vice-President of the Ontario Division of the Canadian Petroleum Products Institute, approximately 50% of all car washing establishments in Toronto are owned and operated by the major oil companies. These locations are all operated in conjunction with gas bars. At least twenty-three (23) locations have been identified as twenty-four (24) hour operations. The balance of the car washes operate during hours which start no earlier than 7:00 a.m. and continue with the odd exception until approximately 8:00 p.m. or 9:00 p.m.

A telephone survey of eighteen (18) privately-owned car washing establishments revealed that with few exceptions the hours of operation are 8:00 a.m. to 6:00 p.m., Monday to Saturdays. Of those that open on Sunday, the hours are generally 9:00 a.m. to 4:00 p.m. The two (2) coin-operated car washing establishments that were included in our survey were found to be open twenty-four (24) hours a day, seven (7) days a week.

In the case of car washing establishments, we again found that the hours of operation appear to be reasonable given the nature of the business.

Comments:

A by-law restricting hours of operation for auto body shops and car washing establishments may not result in resolving the real problem within most communities; namely, property maintenance, parking and noise.

As displayed in the pilot project undertaken in the West District, the problems most commonly identified in these types of business operations can be resolved through targeted, co-ordinated and consistent enforcement of existing by-laws.

Licensing By-law

If the Licensing Sub-Committee is of the opinion that it is desirable that the hours of operation for auto body shops and car washing establishments within residential zones or within 122 metres of residential zones be limited to 7:00 a.m. to 9:00 p.m. (Monday to Friday, inclusive) and 9:00 a.m. to 6:00 p.m. (Saturday and Sunday), the City Solicitor, in consultation with the Commissioner of Urban Development Services, should be authorized to prepare and introduce to Council, a by-law to amend Parts 1, 3 and 4 of Schedule 24 of Licensing By-law No. 20-85.

Prior to introduction of the bill in Council, it is recommended that this matter be scheduled for public deputation at your next available meeting.

Conclusions:

A program targeting problem locations such as the one carried out in the West District to resolve problems which might be commonly associated with any public garage, including auto body repair shops and car washing establishments, has proven to be effective.

A continued policy of targeting problem locations will address most community concerns without the need to regulate the hours of operation of all auto body and car washing establishments within the City.

Contact:

E. Gino Vescio

Sr. Policy and Research Officer

Municipal Licensing and Standards

Urban Development Services Department

Telephone: 392-8769

James Ridge

Acting Commissioner

Urban Development Services

February 4, 2000

To: Licensing Sub-Committee

From: H.W.O. Doyle, City Solicitor

Subject: Coin-operated Car Washes - Hours of Operation

Purpose:

The purpose of this report is to respond to the Licensing Sub-Committtee's request for a legal opinion respecting City Council's authority to regulate the hours of operation for coin-operated car wash businesses.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations:

It is recommended that this report be received for information.

Background:

At its meeting of January 24, 2000, the Licensing Sub-Committee requested that the City Solicitor provide a legal opinion on the authority of City Council to regulate the hours of operation of coin-operated car washes. Specifically, the Licensing Sub-Committee requested a legal opinion on whether or not coin-operated car washes constitute a class of business such that the hours of operation can be regulated without regulating the hours of operation of other types of car wash facilities.

Comments:

I understand from the comments and discussions at the meeting of the Licensing Sub-Committee on January 24, 2000 that the concern that arises from coin-operated car washes is that, because these facilities are unstaffed or have minimal staffing, the businesses have no control over the noise and other disruptive and unsafe behaviour of users of the car wash. The legal issue that arose at the meeting of the Licensing Sub-Committee is whether or not coin-operated car washes constitute a distinct class of business such that their hours of operation may be regulated differently from other car wash businesses.

For the reasons described below, it is my opinion that coin-operated car washes do constitute a distinct class of business such that their hours of operation may be regulated differently from other car wash businesses.

I understand from staff of the Municipal Licensing and Standards Division that coin-operated car washes are usually 24-hour operations. They are usually unstaffed and are self-serve facilities. At these facilities, vehicle owners wash their cars themselves using water and soap from a hose which is activated after coins are inserted into a machine. The feature that distinguishes these coin-operated car washes from other car washes is that the vehicle owners wash the cars themselves, without the involvement or supervision of an attendant.

The general authority of City Council to enact by-laws for the licensing, regulating and governing businesses is contained in sections 257.2 to 257.7 of the Municipal Act. Under clause 257.2(2)(e) of the Municipal Act, City Council may define classes of businesses and separately licence, govern and regulate each class. Under sub-clause 257.2(2)(f)(ii) of the Municipal Act, City Council may impose conditions on business licences, restricting the hours of operation of the licensed businesses.

Car wash businesses are currently regulated as a category of public garages under Schedule 37 of By-law No. 20-85 of the former Metropolitan Council, as amended. Subsection 1(2) of Part 3 to Schedule 37 defines four types of car wash facilities: dry mechanical car wash, wet mechanical car wash, stationary mechanical car wash and manual car wash. Under Schedule 37, regulations pertaining to vehicle waiting areas and vehicle entrance ramps vary according to the type of car wash facility. Accordingly the different types of car wash facilities are, to some extent, currently regulated differently.

In my opinion, based on the nature of the coin-operated car wash facilities, the Municipal Act, and Schedule 37 of By-law No. 20-85, the business of coin-operated car washes is sufficiently distinct from other car wash businesses such that it may constitute a separate class of business. Accordingly, in my opinion, City Council may enact by-laws to regulate the hours of operation of coin-operated car washes without regulating the hours of other classes of car wash businesses.

This report only addresses the legal issue arising from City Council's authority to define, licence and regulate classes of businesses. This report does not address any operational or policy issues arising from the proposed regulation. I understand from staff of the Municipal Licensing and Standards Division that they have considered the operational impact of the proposed regulation on coin-operated car wash facilities and that coin-operated car wash machines can be easily modified to create a shut-off system. Further, I understand from staff of the Municipal Licensing and Standards Division that regulating the hours of operation of businesses under the category of "manual car wash" will only affect coin-operated car wash facilities and will not have any impact on other businesses not intended to be subject to the proposed regulations. Finally, I understand from staff of the Municipal Licensing and Standards Division that the proposed regulation of the hours of coin-operated car wash facilities is intended to apply uniformly across the City and that there is no conflict between the proposed regulation and any applicable zoning by-laws. Based on this information, it is my opinion that there is no legal impediment to the proposed regulation of the hours of operation of coin-operated car wash facilities.

Conclusions:

It is recommended that this report be received for information

Contact:

Ansuya Pachai

Solicitor

Tel: 392-9074

Fax: 392-3848

E-mail: apachai@toronto.ca

H.W.O. Doyle

City Solicitor

Legal Services