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D.A.M., Lawyer
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Is there a by-law in brampton about washing your vehicle in

Customer Question

Is there a by-law in brampton about washing your vehicle in the driveway

Submitted: 12 months ago.
Category: Canada Law
Expert:  D.A.M. replied 12 months ago.

Hello,

Please clarify the circumstances. Did you receive a citation for washing your vehicle in your driveway? Is this a shared driveway or a drive for a detached home?

Customer: replied 12 months ago.

Hello:
We did not receive a citation and it type of home will vary.

We have an incorporated mobile auto detailing business operating in the city of Brampton. The city advised they do not issue a business licence for such a business but were concerned about the water getting into the sewer and storm drain system.

However, that will not happen due to our water reclamation system which captures all the water used from washing the vehicle.

On my research it seems its not really regulated however I would just like to find out the legalities

Thanks for your help

Expert:  D.A.M. replied 12 months ago.

Hello,

There is no restriction on a homeowner or a tenant from washing a vehicle on their property, however a buisiness may well be prohibitied from doing so. Zoning for a car-wash business requires certain environmental clearances which a 'mobile' buisiness simply could not obtain (given the fact that it would be doing this on residential properties and also not just at one site).

Licensing for mobile businesses in Brampton is controlled by the Enforcement Clerk and regulated by Licensing Bylaw 1-2002. Unfortunately there is no bylaw permitting your type of business on the books and, as such, you're going to have a hard time having the Clerk issue a license for something that's not otherwise permitted - this is where you're going to need to retain local counsel to pursue the matter both before the City and Courts so you're going to need to make sure your tech is good because the environmental objections are going to be a key focus on any discussions or hearings on whether this business model should be approved.

For more information on Brampton's business licensing, see: LINK.
And for the bylaw (since the link on Brampton's site is inoperative), see: LINK.

Ultimately you'll need to convince the City that your reclamation system will eliminate their environmental concerns which may take some doing.

This is also a matter which will restrict you, geographically, to the City you have a license given the environmental concerns -- So if you're keen on seving customers in Mississauga, for example, you'll need a license there too even if you have one in Brampton).

Unfortunately you may well be in for a bit of a battle but this is true of new business models from time-to-time. It may actually be worth your while to compare the runoff / pollutants your business is going to produce to other mobile businesses that are approved (thinking of lawn management, power-washing/cleaning businesses and driveway resealers just off the top of my head).

Regards XXXXX XXXXX wishes sorting this out, sounds like a very interesting business model.

D.A.M., Lawyer
Category: Canada Law
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Customer: replied 12 months ago.

Thank you so much

Expert:  D.A.M. replied 12 months ago.

You're very welcome. Best of luck!

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