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TITLE:
Transient Automobile Vendors Bylaw
SECTION:
Planning Services
BYLAW NO: P-6
APPROVAL DATE: December 18, 2023
CAO Signature!a.J~ .~ ===--- --
Pursuant to Section 171 of the Municipal Government Act, BE IT ENACTED by the Council
of the Town of Amherst as follows.
1.
(I) This Bylaw shall be known as the Transient Automobile Vendors Bylaw.
(2) Where a provision of this Bylaw conflicts with the provision of another Bylaw in force
within the Town, the provision that establishes the higher standards to protect the health,
safety, and welfare of the general public shall prevail.
2.
This Bylaw does not hereby authorize the sale of vehicles by persons otherwise prohibited
by the Motor Vehicle Act, R.S.N.S. 1989, c. 293.
DEFINITIONS
3.
In this Bylaw
a) "CAO" means the Chief Administrative Officer of the Town of Amherst.
b) "Council" means the Council for the Town of Amherst.
c) "Dealer" means a person who carries on or conducts, either for the whole or part of
his time, the business of buying, selling or dealing in motor vehicles, trailers or semi-
trailers who is a licensed dealer pursuant to the Motor Vehicle Act, R.S.N.S. 1989, c.
293 and Dealers' Licenses Regulations, N.S. Reg. 11/95.
d) "Land Use Bylaw" means the Land Use Bylaw as adopted by the Town of Amherst
including amendments as may be made from time to time.
e) "License" means a Transient Automobile Vendors License provided for in this
Bylaw.
f) "Licensing Authority" means the CAO, or such employee or agent of the Town as the
CAO may designate to receive applications for Licenses under this Bylaw.
TITLE:
Transient Automoblle Vendors Bylaw
SECTION:
Plannlng Servlces
BYLAW NO: P-6
g) "Motor Vehicle" means every device in, upon or by which a person or property is or
may be transported or drawn upon a public highway and which is propelled or driven
otherwise than by muscular power, but does not include motorized wheelchairs, or
vehicles used exclusively upon stationary rails or tracks.
h) "Operation" means the sale of Motor Vehicles to which a License pertains.
i) "Owner" includes any one or combination of the following as defined in the
Municipal Government Act, S.N.S. 1998, c. 18, s. 3(ay):
1. a part owner, joint owner, tenant in common or joint tenant of the whole or
any part of land or building, or
11. in the case of the absence or incapacity of the person having title to the land
or building, a trustee, an executor, a guardian, an agent, a mortgagee in
possession or a person having the care or control of the land or building, in
the absence of proof to the contrary, the person assessed for the property.
j) "Principle Place of Business" means owned or leased premises which contains:
i. A building or buildings with adequate facilities to service and repair a
minimum of two vehicles;
11. Outside parking for a minimum of ten vehicles;
iii. Two qualified mechanics during the Dealer's normal business hours;
as set out in the Dealers' Licenses Regulations made under sections 32 and 60 of
the Motor Vehicle Act, R.S.N.S. 1989, c. 293, N.S. Reg. 11/95, s. 6.
k) "Sell" means selling, trading, or otherwise transferring for a valuable consideration,
whether present or executory.
1) "Town" means the Town of Amherst.
m) "Transient Automobile Vendor" means a Dealer selling Motorized Vehicles within
the Town of Amherst who does not have a Principle Place of Business in the Town.
n) "Vend or Vending" means the sale, or offering for sale, of goods, food, beverages or
services to the general public.
TITLE:
Transient Automobile Vendors Bylaw
SECTION:
Planning Services
BYLAW NO: P-6
o) "Vendor" means a Transient Automobile Vendor.
TRANSIENT AUTOMOBLE VENDORS LICENSE REQUIRED
4.
( 1) All Transient Automobile Vendors shall obtain a License prior to setting up their
Operation within the Town of Amherst. Any sale of a Motor Vehicle by a said Vendor
without a License shall constitute a violation of this Bylaw.
(2) Any peace officer shall have enforcement authority under this Bylaw.
(3) A License shall not be issued unless the activity is permitted on the subject property by
the Land Use Bylaw, and occurs in a manner permitted within the Land Use Bylaw.
Application for a License shall also constitute an application for a Development Permit
as required by the Land Use Bylaw.
(4) An application for a License shall be made to the CAO by the Vendor, on the application
form which is contained in Schedule A of this Bylaw. All information requested on
Schedule A shall be required to be submitted prior to the issuance of a License.
(5) A separate License is required for each Transient Automobile Vendor which occupies the
same piece of property during any given time period.
(6) A Transient Automobile Vendor shall make the application for the License and only he
or she shall be held accountable under the provisions of this Bylaw for failure to obtain
the said License.
(7) The license shall be required for the entire duration of the operation or sale and shall
include every day or portion thereof for which the vehicles are offered for sale, and/or
advertised for sale, and also shall include the entire duration after the official sale during
which the vendor or their agents and/or employees are present on the site for any reason
related to the sale of the vehicles.
LICENSE REQUIREMENTS
5.
(I) A License shall be valid for the days as specified on the said license.
(2) A License is renewable upon application and payment of the required fee.
TITLE:
Transient Automobile Vendors Bylaw
SECTION:
Planning Services
BYLAW NO: P-6
(3) An application is not considered complete until all relevant information is provided and
payment is made.
(4) The application shall include a site plan showing location of the Operation on the
property, access to and egress from the site, the location of all buildings on the property
and the area being utilized for the Operation.
LICENSE FEE
6.
(1) The fee for the License shall be Two Thousand Dollars ($2,000.00) per day, except for
Dealers selling motor homes, RVs and/or recreational travel trailers, for which the fee
for the license shall be One thousand Dollars ($1,000.00) per day.
(2) A License is not transferable.
CONDITIONS OF LICENSE
7.
(1) Any sign to be erected on the site shall be included in the site plan submitted at the
time of application and shall meet the requirements of the Land Use Bylaw. A
separate Development Permit is not required for the said sign(s).
(2) Receptacles sufficient to satisfy the Town of Amherst Solid Waste Bylaw shall be
situated on the site, particularly where food is for sale intended for immediate
consumption.
(3) The Vendor or property owner shall provide proof of a minimum public liability
insurance of Two Million Dollars ($2,000,000).
(4) All facilities associated with the sale of Motor Vehicles pursuant to the License shall be
removed from the site once the Operation ceases, or the permit expires, whichever comes
first. Failure to remove all facilities and any associated solid waste constitutes a
violation of this Bylaw.
(5) A License can be revoked where:
a) The licensee has provided incorrect information in the application for a License;
b) The licensee's provincial Dealer's License under the Motor Vehicle Act, R.S.N.S.
TITLE:
Transient Automobile Vendors Bylaw
SECTION:
Planning Services
BYLAW NO: P-6
1998, c. 293 and the Dealers' Licenses Regulations, N.S. Reg. 11/95 has been
revoked or is no longer in force;
c) The licensee is in violation of any provision of this Bylaw or any other Bylaw of
the Town of Amherst;
d) The licensee does not have insurance in force as required under this Bylaw or any
condition of the Licensing agreement.
(6) A License issued under this Bylaw must be conspicuously displayed at all times at the
location where the Transient Automobile Vendor conducts the sale of Motor Vehicles.
PENALTY
8.
(1) Every person who violates or fails to comply with any of the provisions of this Bylaw
shall be liable, upon summary conviction, to a penalty of Ten Thousand Dollars
$10,000).
(2) Every day during which an offence pursuant to this Bylaw continues is a separate
offence.
(3) The Town may apply to a judge of the Supreme Court of Nova Scotia for an injunction
or other order where:
a) Land is being used in contravention of this Bylaw;
b) A person is selling Motor Vehicles without having paid the license fee required;
or
c) A breach of this Bylaw is anticipated or is of a continuing nature.
TITLE:
Transient Automobile Vendors Bylaw
SECTION:
Plannlng Services
BYLAW NO: P-6
Schedule A
TOWN OF AMHERST
Transient Automobile Vendors Bylaw Application
Location of Sale: -------------------------
(please enter civic address here)
Date of Sale: ____________ to __________ , 200_
Applicant Information:
Name: __________ _
Address: -----------
Postal Code: ---------
Phone#: _________ _
License Information:
Information for the
Owner of the Property at the location of
proposed Operation:
Name: ___________ _
Address: _________ _
Postal Code: ---------
Phone#: -----------
Site Plan Attached D (must show location of sale on property, access to and egress from site and the locations
of all buildings on the property)
Owners Permission D (applicant must submit a letter from the owner, outlining permission to use the property
for the sale)
Vehicle Description D (applicant must submit a description of the type(s) of Motor Vehicles it will be offering
for sale)
Sign Schedule
O (all signs must conform to the Land Use Bylaw and be submitted in the form of a
schedule showing where on the property they will be located and what size each sign is)
Proof of Insurance D (proof of insurance must be attached to the application)
License Fee
D (license fee must accompany the application, amount payable is $2,000.00)
Signature of Applicant: _________ _
Date: ------------
TITLE:
Transient Automobile Vendors Bylaw
SECTION:
Planning Servlces
BYLAW NO:
P-6
By signing the above, you are hereby verifying that all information submitted for this
application is factual and complete.
-
For Office Use Only -
Location of Sale is in conformance with LUB
D
Proposed Signs are in conformance with LUB
D
Application is complete including fees
D
Approved by:._________
Date Approved: ______ _
For Administrative Use Only:
ROLES AND RESPONSIBILITIES
Notice of Publication:
' Second Reading:
L ____ _
Notice of Publication and Effective Date of Bytaw:
I
Notice to Service Nov
_
a Scotia & Municipal Relations
_
= __ _
VERSION LOG
April 9, 2012
March 26, 2012
Apri19,2012
April 10, 2012
Director of Planning &
Strate,&ic Initiatives1 Fisher
By-law incorporated onto new By-law template, no
amendments requiring formal approval.
Minutes reference date: December 18, 2023
March 26, 2012
December 18, 2023
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