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## BY-LAW NO. 21-07 A BY-LAW RESPECTING PEDDLERS
Whereas subsection 168 (1) of the Municipalities Act provides that a council may by By-Law provide for the licensing of peddlers.
## THEREFORE BE IT ENACTED by the Council of the Village of Doaktown as follows:
1. In this by-law,
2. (a) "Clerk" means the clerk of the Municipality;
3. (b) "Council" means the mayor and councillors of the Municipality;
4. (c) "Councillor" means a member of the council other than the mayor;
5. (d) "member of the Council" means any person elected to the Council;
6. (e) "Municipality" means the Village of Doaktown;
7. (f) "peddler" means any person who peddles or hawks, or carries from place to place for the purpose of peddling or hawking, goods or merchandise;
8. (g) "peddler's licence" means monthly peddler's licence, and any renewal thereof, issued pursuant to this by-law that has not expired or been revoked;
2. No person shall, within the Municipality, peddle or hawk, or carry from place to place for peddling or hawking, any goods or merchandise unless he has been issued a peddler's licence therefor by the Clerk.
3. A monthly peddler's licence is valid only for peddling or hawking, or from carrying from place to place for peddling or hawking the class or type of goods and merchandise expressly described or referred to on the face of the peddler's licence.
4. An application for a peddler's licence shall be submitted by the peddler to the Clerk one week before the date requested and
- a. be accompanied by cash or a cheque payable to the Village of Doaktown
- b. be accompanied by the written consent from the land owner for the use of the land by the peddler
- C. be in such form and shall contain such information as may be prescribed from time to time by the Council.
5. No peddler's licence shall be issued by the Clerk to any peddler unless the Clerk has been authorized by the Council to issue such licence to that peddler.
6. Upon receiving authorization from Council to issue a peddler's licence to a peddler, the Clerk shall promptly issue such licence to that peddler upon payment by the peddler of a fee of one hundred dollars for the monthly licence.
7. A peddler's licence shall expire at midnight on the last day of each month
8. Any person who applies for a peddler's licence and any person who holds a peddler's licence shall provide to the Clerk such information as the Council deems necessary.
9. (1) A person exercising the trade of a peddler within the Municipality on the day this by-law comes into effect shall submit an application for a peddler's licence to the Clerk not later than 5days after such day.
- (2) No person exercising the trade of a peddler within the Municipality on the day this by-law comes into effect shall be prosecuted for a violation of section 2
21. (a) he fails to submit this application for a peddler's licence to the Clerk in accordance with subsection 9(1), or
22. (b) he submits his application for a peddler's licence to the Clerk in accordance with subsection 9(1) and that application is rejected by the Council.
10. A peddler's licence may be renewed on and the provisions of section 4 and 7 apply once necessary changes have been made, to such renewal.
11. This by-law does not apply to
25. (a) a person peddling or hawking fruits, vegetables, meats and other products harvested from a farm or garden;
26. (b) a fisherman peddling or hawking fish, oysters or any product harvested from the sea, or
27. (c) persons employed by a temperance, benevolent or religious society in the Province of New Brunswick for the peddling or selling of temperance tracts or other moral or religious publications under the direction of such society, to the exclusion of other goods and merchandise.
12. A person who violates any provision of by -law 21-07 is guilty of an offence and, on summary conviction, will be banned from peddling in the village for a minimum of one year.
13. (1) Where, in the opinion of Council, a peddler has violated this by-law or any provision of this by-law, the Clerk shall, upon direction of the Council, in addition to any other remedy or penalty prescribed herein, by notice served upon the peddler, revoke the peddler's licence issued to that peddier.
- (2) The notice referred to in subsection (1) shall be sufficiently served upon the peddler if it is delivered personally to the peddler, e-mailed to the peddler's personal e-mail address, or if it is mailed prepaid registered post to the last known residence or place of business of the peddler.
- (3) Service of the notice referred to in subsection (2) by registered post shall be deemed to have been affected five days after the notice was deposited in the mail.
14. A peddler shall not carry-on business from a public parking area, or within a radius on one hundred and fifty-five meters (155 m.) of a retail outlet engaged in in selling goods or merchandise of a similar nature, or within the limits of any public road, street or highway
## EFFECTIVE DATE
THIS By-Law shall come into full force and take effect and be binding on all persons as of and from the date of third reading.
READ A FIRST TIME (by title) this 22nd day of July, 2021.
READ in its entirety in Council/in Committee of the whole Council (as the case may be) this 22nd day of July, 2021.
READ A THIRD TIME THIS 18'h day of August, 2021.
READ A THIRD TIME (by title) AND ENACTED this 18th day of August, 2021.
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Catar o
Mayor Caroline St-Pierre Taylor
quothpas
Acting Clerk - Karen Petitpas