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## 1. TITLE
1. 1 This by-law shall be known and may be cited as the "Mobile Vending By-law".
## 2. PURPOSE
- 2.1 The purpose of this by-law is to
- (a) ensure mobile venders as defined in this bylaw provide their customers with a high degree of customer service;
- (b) ensure that the facilities provided by such mobile vendors and their surroundings are adequately maintained;
- (c) in lieu of the fact that mobile vendors are not obligated to pay property taxes, ensure that taxpayers are compensated for the municipal services used by mobile vendors; and
- (d) recognize that some of the businesses that are in direct competition with mobile vendors are burdened and obliged to pay property taxes which are not imposed on mobile vendors
within the Municipality of the County of Inverness.
## 3. OBJECTIVE
- 3.1 To create a fair and robust regulatory process for mobile vending that is in the best interests of both the citizens and businesses of the Municipality of the County of Inverness.
## 4. AUTHORITY
- 4.1 This by-law is made pursuant to Sections 171, 172, and 173 of the Municipal Government Act, SNS 1998, c 18, as amended from time to time.
## 5. DEFINITIONS
- 5.1 In this by-law,
- (a) "applicant" means a person who submits an application for a mobile vending permit under the provisions of this by-law;
- (b) "business season" means the time period between the operational start and end date as stated on the applicant's application;
## By-law Number 53 Mobile Vending By-law
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- (c) "by-law" means this Mobile Vending By-law, as amended from time to time;
- (d) "By-law Enforcement Officer" means any person authorized by the Municipality of the County of Inverness to enforce this by-law and all its provisions, and approved to enforce this by-law under the Nova Scotia Police Act and to issue summary offence tickets pursuant to this by-law and the Nova Scotia Summary Proceedings Act;
- ( e) "CAO" means the Chief Administrative Officer of the Municipality, or an employee of the Municipality delegated any responsibilities or powers of the CAO pursuant to Section 29(b) of the Municipal Government Act, as amended from time to time;
- (f) "Commission" means the Eastern District Planning Commission;
- (g) "Council" means the Council of the Municipality of the County of Inverness;
- (h) "Councillor" means a Councillor of the Municipality of the County of Inverness;
- (i) "Eastern District Planning Commission" means the commission that provides planning, subdivision and building inspection services in eastern Nova Scotia for the Counties of Antigonish, Inverness, Richmond, and Victoria and the Towns of Port Hawkesbury and Antigonish;
- (i) "mobile unit" means any self-contained vehicle or a trailer or cart capable of being towed or moved by a vehicle from which food and beverages intended for public consumption are prepared or processed;
- (k) "Municipal Fire Inspector" means any person authorized by the Municipality of the County of Inverness to enforce compliance with the Nova Scotia Fire Safety Act and registered pursuant to the Nova Scotia Motor Vehicle Act;
- (1) "Municipality" means the Municipality of the County of Inverness;
- (m) "municipal property" means real property owned by the Municipality but does not include streets;
- (n) "non-profit organization" means an organization which is created primarily for a charitable object or purpose, is operated not for profit, with 100 percent of the funds raised going to the designated charity, and includes, but is not limited to a religious organization, school activities, or minor sports group;
- (o) "owner" of land means a part owner, joint owner, tenant-in-common, or joint tenant of the whole or any part of the land, and, in the absence of proof to the contrary, means the person to whom the land is assessed by the Municipality;
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- (p) "permit" means a permit to vend issued to a permit holder for a particular mobile unit at a particular location(s) within the Municipality, pursuant to this by-law;
- (q) "Permit Administrator" means the member of staff appointed as the Permit Administrator by the CAO, and includes all persons acting under the supervision of the Permit Administrator;
- (r) "permit holder(s)" means the person(s) to whom a permit has been issued pursuant to this by-law, after having made an application for a permit;
- (s) "person" means a natural person, corporation, partnership, an association, society, firm, agent or trustee, and includes the heirs, executors or other legal representatives of a person;
- (t) "private property" means real property within the Municipality of the County of Inverness not owned by the Municipality;
- (u) "registered Canadian charitable organization" means a charitable organization registered pursuant to the Income Tax Act (Canada) and the regulations made pursuant to that Act;
- (v) "school" means a public or private school as defined in the Nova Scotia Education Act and does not include a university;
- (w) "staff" means the employees of the Municipality, including the CAO and the Permit Administrator;
- (x) "self-contained" means that all equipment and surfaces required for the processing, storage, and display of food products and beverages are either contained within or physically attached and are part of the whole unit;
- (y) "special event" means a group of people together, in both public and private settings, in one or more locations for a limited period of time for a particular activity and can be held upon public and/or private property;
- (z) "street" means a public street, highway, road, lane, sidewalk, thoroughfare, bridge, square and the curbs, gutters, culverts and retaining walls in connection therewith located within the Municipality of the County of Inverness;
- (aa) "Traffic Authority" means the traffic authority appointed pursuant to the Nova Scotia Municipal Government Act and/or the Nova Scotia Motor Vehicle Act, as amended from time to time;
- (ab) "vend" or "vending" means the sale or offering of food and non-alcoholic beverages from a mobile unit;
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- (ac) "mobile vendor" means any person engaged in vending and/or any owner, agent, operator, or employee of business engaged in vending, with exception to sections 7.1 (a), (b), (c), (d), and (e) in this by-law.
## 6. VENDING RESTRICTED
- 6.1 No person shall vend from a mobile unit in the Municipality without having been issued a permit to do so pursuant to this by-law.
- 6.2 No person shall vend in the Municipality with a permit that has been suspended or revoked pursuant to this by-law.
## 7. EXCEPTIONS
## 7.1 This by-law does not apply to
- (a) a person or persons vending from a unit that is immobile on the sidewalk in front of that person's commercial or retail business which operates in an enclosed permanent structure during the regular business hours of that person's commercial retail business and is in compliance with or has authorization and approval from the relevant Traffic Authority;
- (b) a person or persons vending fruits, vegetables, and other products harvested from a farm located within Nova Scotia;
- (c) a person or persons vending uncooked seafood harvested from the sea such as lobster, fish, oysters;
- (d) a person or persons aged 18 years or younger operating their own vending stand or cart, for example a lemonade stand or a hotdog cart within the Municipality; or
- (e) a person or persons busking in the Municipality;
## 8. PROVINCIAL PERMITS REQUIRED
## 8.1 No person shall vend in the Municipality
- (a) unless in compliance with the requirements of the Nova Scotia Health Protection Act and/or Food Safety Regulations, as amended from time to time, and
- (b) without a Food Establishment Permit Type classified as "Mobile" issued from the Nova Scotia Department of Environment and Climate Change.
- 8.2 A permit holder must immediately advise the Municipality if their permit(s) issued pursuant to the Nova Scotia Health Protection Act and/or Food Safety Regulations has/have been revoked or has/have expired.
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## 9. LOCATION AND PLANNING REQUIREMENTS
- 9.1 A permit application must identify the proposed vending location(s) for the mobile unit.
- 9.2 The Permit Administrator will provide a copy of the application to the Commission.
- 9.3 The Commission will determine all planning and zoning requirements of the applicable land use by-law and Municipal Planning Strategy for the proposed vending location(s) identified in the application. The Commission will advise in writing both the Municipality's Permit Administrator and the applicant of such requirements, which may include obtaining a Development Permit from the Commission. A fee for a Development Permit may apply.
- 9.4 The applicant must meet all planning and zoning requirements for a proposed vending location as determined by the Commission pursuant to section 9.3 of this by-law before the Permit Administrator shall issue a permit to any applicant. All planning and zoning requirements imposed by the Commission will be included in the applicant's vending permit.
- 9.5 Sections 9.2, 9.3 and 9.4 in this by-law do not apply to an application for a permit where the proposed vending location is on a street.
- 9.6 Where an application for a permit includes a vending location on a street, the applicant must obtain written authorization and approval from the relevant Traffic Authority. The relevant Traffic Authority may impose terms and conditions in addition to those required in this by-law. The terms and conditions imposed by the relevant Traffic Authority will be included in the applicant's vending permit.
- 9.7 In the event a permit holder wishes to add another vending location to their permit, that permit holder must apply to the Permit Administrator and Section 9 of this by-law shall govern that application.
## 10. FIRE INSPECTION
- 10.1 The Permit Administrator will provide a copy of every application to the Municipal Fire Inspector.
- 10.2 The Municipal Fire Inspector will determine whether a mobile unit identified in the application must be inspected for compliance with the Nova Scotia Fire Safety Act and its regulations, as amended time to time.
- 10.3 If an inspection of a mobile unit is deemed necessary by the Municipal Fire Inspector, the Permit Administrator shall not issue a permit until the Municipal Fire Inspector has completed an inspection that deems the unit as meeting fire and safety requirements. It is the responsibility of the applicant to include in its application to the Permit Administrator a completed report by the Municipal Fire Inspector that supports the issuance of a permit for the mobile unit.
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- 10.4 Once a permit has been issued by the Permit Administrator for a mobile unit, the Municipal Fire Inspector may inspect the mobile unit at any time for compliance with the Nova Scotia Fire Safety Act and its regulations, as amended from time to time.
- 10.5 A permit holder must comply with an order issued by the Municipal Fire Inspector pursuant to the Nova Scotia Fire Safety Act and its regulations, as amended from time to time. The terms and conditions imposed by the Municipal Fire Inspector will be included in the applicant's vending permit.
## 11. INSURANCE
- 11.1 When applying for a permit, an applicant must provide the Permit Administrator with proof that the applicant holds general commercial liability insurance in the amount not less than $1,000,000.00 per claim with respect to the applicant's vending business, naming the Municipality of the County of Inverness as an additional named insured on the Insurance Policy, during the term of the permit.
- 11.2 In addition to the insurance requirements at Section 11.1 of this by-law, an applicant applying for a permit for a mobile unit(s) must also provide the Permit Administrator with proof that the applicant holds automobile liability insurance for each applicable mobile unit to be used in the operation of the vending business.
- 11.3 During the term of a permit, a permit holder must:
- (a) maintain the insurance coverage identified in Sections 11.1 and 11.2 of this by-law;
- (b) provide proof of insurance coverage required in Sections 11.1 and 11.2 of this by-law to the Permit Administrator upon request;
- (c) provide the Permit Administrator with at least (5) business days' notice in writing if the permit holder's insurance coverage identified in Section 11.1 and 11.2 of this by-law is going to expire or if it is to be cancelled or altered; and
- (d) cease vending operations on expiry or cancellation of insurance coverage.
## 12. INDEMNIFICATION
- 12.1 A permit holder must indemnify and hold harmless the Municipality of the County of Inverness, its Warden, Deputy Warden, Councillors, Council, and staff against all loss, claims, actions, damages, costs (including solicitor costs), liability and expense in connection with loss of life, personal injury, damage to property or any other loss or injury whatsoever arising from their operations and/or the issuance of a permit pursuant to this by-law.
- 12.2 The Municipality is not liable for, nor responsible for any injury, loss or damage to any person arising from a permit holder's operation or to any property belonging to any person engaged in vending.
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## 13. APPLICATION FOR PERMIT
- 13.1 A vendor from a mobile unit within the Municipality shall have a valid permit, signed by the applicant(s) and the Permit Administrator.
- 13.2 The applicant must submit the following to the Permit Administrator at least 30 days in advance of the applicant's anticipated vending start date:
- (a) completed application form; and
- (b) all required documentation.
- 13.3 The application for a permit shall be in a form prescribed by the Permit Administrator.
- 13.4 When two or more persons apply for one permit, the name, mailing address and telephone number of each of the applicants must be included in the application.
- 13.5 After receiving a completed application, the Permit Administrator shall review the application to determine whether the application complies with the requirements of this by-law.
- 13.6 No person shall make a false statement in an application for a permit submitted to the Municipality.
## 14. SPECIAL EVENTS
- 14.1 With the exceptions outlined in Section 7 of this by-law, anyone vending at a special event such as but not limited to a festival, private occasion, or wedding in the Municipality shall have a valid vending permit authorized by the Permit Administrator.
- 14.2 If an applicant holds a vending permit from the Municipality that does not include the location of the special event, they are not required to complete a separate mobile vending Permit Application, but rather to add the following to their current valid vending permit application for the Permit Administer to review for approval:
- (a) the date(s) of the special event and the proposed hours of operation;
- (b) the required information for the proposed vending location as outlined in this by-law;
- 14.3 Applicants wanting to vend at a special event in the Municipality, must first submit a completed Vending Permit Application to the Permit Administrator and are required to pay only the special event fee set out in the Mobile Vending Permit Fee Policy.
- 14.4 Applicants wanting to vend at special events are not required to be submitted thirty days in advance when the purpose of the application is to vend at a special event only.
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- 14.5 Distance requirements between mobile units are based on the site plan of the special event.
- 14.6 The Permit Administrator is authorized to determine the time when the vendor must stop vending during a special event, including approving vending later than 10 p.m.
- 14.7 Applicants wanting to vend at special events may be granted upon request to the Permit Administrator an exemption from Section 22.2(g) of this by-law.
## 15. PERMITS
- 15.1 A permit issued pursuant to this by-law is not transferable.
- 15.2 Every permit issued pursuant to this by-law shall bear a unique number.
- 15.3 Each permit issued pursuant to this by-law shall identify the location(s) in the Municipality where the permit holder is permitted to vend.
- 15.4 No mobile vendor shall vend at a location in the Municipality not identified in their permit.
- 15.5 A permit holder must comply with the terms and conditions prescribed by the permit.
- 15.6 In addition to the provisions of this by-law, it is the responsibility of the permit holder to comply with all other applicable municipal, provincial and federal legislation.
- 15.7 In addition to the requirements of Section 15.5 of this by-law, a permit holder of a mobile unit must also comply with all provincial traffic restrictions and regulations, including but not limited to the Nova Scotia Motor Vehicle Act and its regulations, as amended from time to time.
- 15.8 No permit holder shall vend anything other than that which the permit authorizes the permit holder to vend.
- 15.9 A permit issued pursuant to this by-law shall be issued in the name(s) of the applicants) for the permit.
- 15.10 Where a permit is issued in the name of two or more persons, each person shall be a permit holder.
- 15.11 Where one permit is held by two or more permit holders, each permit holder shall be jointly and severally liable for compliance with this by-law and with the terms of the permit.
- 15.12 A permit holder must be owner/operator of the mobile unit for which the permit has been issued.
- 15.13 A permit issued pursuant to this by-law applies only to the mobile unit for which it has been issued.
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- 15.14 No permit holder shall allow a person to drive the mobile unit for which the permit has been issued if that person does not hold a valid driver's license of the class required for the type of mobile unit.
## Expiration
15.15 With the exception of special events vending permits, mobile vending permits shall expire on the 31st day of March of each year, unless suspended or revoked earlier.
15.16 A permit issued for a special event pursuant to this by-law shall expire on the date explicitly stated on the permit.
## Renewal
15.17 A permit holder who wishes to obtain a permit in a subsequent year must apply for a new permit in accordance with this by-law and shall be required to pay the applicable fees pursuant to the Municipality's Mobile Vending Permit Fees Policy as amended from time to time.
## Display of Permit
- 15.18 While vending permits shall be clearly displayed and accessible on or next to the mobile unit for which the permit has been issued.
- 15.19 No permit holder shall fail to produce for inspection their mobile vending permit upon the request of the Municipality's By-law Enforcement Officer.
## Change of Location
15.20 Council may at any time decide by way of vote to change any approved vending locations of any permit holders where in the opinion of Council, the locations meet any characteristics identified in section 22.2 of this by-law.
- 15.21 Where Council has changed the location where the permit holder is permitted to vend pursuant to Section 15.19 of this by-law, the Permit Administrator shall provide such notice to the permit holder as Council determines appropriate by way of vote. Such notice shall include the reason(s) for Council's decision to change approved vending locations.
- 15.22 The Municipality does not assume responsibility for any loss of revenue arising out of or resulting from a decision by Council to alter a vending location where a permit holder is permitted to vend pursuant to Section 9 of this by-law.
## 16. PERMIT ADMINISTRATOR
- 16.1 The Permit Administrator is authorized and empowered to
(a) grant a permit;
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- (b) refuse a permit;
- (c) suspend a permit; or
- (d) revoke a permit
within the Municipality in accordance with the provisions of this by-law.
- 16.2 The Permit Administrator shall grant a permit to applicants who have submitted completed applications that comply with the requirements of this by-law.
- 16.3 The Permit Administrator may refuse to grant a permit where the applicant
- (a) has submitted an application which does not comply with the requirements of this bylaw;
- (b) has failed to comply with a provision of this by-law or of any other by-law of the Municipality;
- (c) has failed to comply with the conditions of a permit found under Section 15 issued pursuant to this by-law; or
- (d) submits an incomplete application.
- 16.4 The Permit Administrator may revoke a permit before its expiration date where
- (a) the permit holder has been convicted of an offence pursuant to this by-law;
- (b) a permit issued to the permit holder pursuant to the Nova Scotia Health Protection Act and/or its
- (c) Food Safety Regulations have been revoked or expired;
- (d) the permit holder fails to maintain the insurance coverage as required in Section 11 of this by-law;
- (e) the permit holder fails to provide to the Municipality upon request proof of the insurance coverage required in Section 11 of this by-law;
- (f) the permit holder fails to provide the Municipality with at least five (5) business days prior notice that the permit holder's insurance coverage identified in Section 11 of this by-law will expire, be cancelled, or altered; or
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- (g) the permit holder fails to comply with an order issued by the Municipal Fire Inspector pursuant to the Nova Scotia Fire Safety Act and its regulations, as amended time to time. This does not prevent the applicant from submitting a subsequent application.
- 16.5 The Permit Administrator may suspend a permit for a period of up to one year or revoke a permit for the remainder of the term of the permit, where the permit holder
- (a) has failed to comply with a provision of this by-law or of any other by-law of the Municipality;
- (b) has failed to comply with the conditions of a permit issued pursuant to this by-law;
- (c) has been convicted for a violation of any laws in Canada during the course of vending;
- (d) has been convicted for violating a provision of the Nova Scotia Motor Vehicle Act or any regulations made thereunder with respect to the operation of a mobile unit;
- (e) is vending goods and merchandise not stipulated on the application for a permit; or
- (f) operates on private property not owned by the permit holder and the Permit Administrator receives written notice from the property owner revoking the owner's permission for the permit holder to use the property for vending.
## 17.PERMIT FEES
- 17.1 The fees to be paid to the Municipality for a permit issued pursuant to this by-law shall be in accordance with the Municipality's Mobile Vending Permit Fees Policy, as amended from time to time.
- 17.2 If the permit holder resides outside of the Municipality but the address of the mobile unit is located within the Municipality, the permit holder is subject to an additional fee in accordance with the Municipality's Mobile Vending Permit Fees Policy, as amended from time to time. This fee does not apply to applicants if at least one of owners of the mobile unit lives within the Municipality.
## 18. RECORDS
- 18.1 The Permit Administrator shall keep a record of every permit issued including those permits that have been revoked and suspended and every application submitted pursuant to this by-law, for a period of seven (7) years.
## 19. APPEAL
Permit Refusal, Suspension and Revocation
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- 19.1 Any applicant that has been refused a permit or has had their permit suspended or revoked by the Permit Administrator may appeal the decision to Council by writing to the Office of the CAO within 15 days of being notified of the decision. The written appeal shall clearly state the grounds for the appeal.
- 19.2 An appeal may be heard at a regular Council meeting or Committee of the Whole Meeting. At such appeal, the applicant shall have no more than ten (10) minutes to present their case before Council. After hearing from the applicant, Council may
- (a) uphold the refusal, suspension or revocation;
- (b) impose additional conditions on the permit holder to ensure compliance with provisions of this by-law;
- (c) overturn the suspension or revocation and reinstate the permit; or
- (d) overturn the refusal and grant a permit
as determined by majority vote of the maximum number of councillors that may be elected to Council.
- 19.3 A period of days does not include the day a permit holder is notified of the refusal, suspension, or revocation.
## 20. NOTICE
- 20.1 Where two or more permit holders hold one permit, notice to one permit holder is deemed as notice to all permit holders.
- 20.2 Notices issued in accordance with this by-law are deemed to have been received
- (a) four days after mailing, if sent by ordinary mail to the mailing address of the permit holder as set out in the application;
- (b) 24 hours after sending, if sent by electronic mail to the electronic mail address of the permit holder as set out in the application; or
- (c) immediately upon receipt, if delivered verbally or by hand, to the permit holder or a representative of the permit holder.
## 21. LITTER AND WASTE CONTROL
- 21.1 No person shall vend from a mobile unit unless they provide suitable litter and recycling receptacles available for the use of customers.
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- 21.2 All vendors must remove and dispose of all litter and recycling associated in any way with the vending activity associated with the mobile unit.
- 21.3 No person shall dump any trash, refuse, fat, or any other food substance generated or produced by or because of the mobile unit into the Municipality's sewer system or sewer infrastructure that is contrary to the Municipality's Solid Waste By-law, as amended from time to time.
## 22. GENERAL PROVISIONS
## 22.1 No person while vending shall
- (a) vend between the hours of 10:00pm and 8:00am the following day unless expressly approved in the permit issued pursuant to this by-law;
- (b) leave any mobile unit during business hours unattended on a street or on Municipal property;
- (c) breach a term or condition of a permit;
- (d) solicit or conduct business with Persons inside motor vehicles;
- (e) sound or permit the sounding of any device which produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public or cry their wares which disturbs or offends the quiet of the neighbourhood;
- (f) vend when customers or persons waiting to become customers are standing in or obstructing a street and/or sidewalk;
- (g) allow any items relating to the operation of the vending business to lean against or hang from any building or other structures lawfully placed on Municipal property or private property, unless prior permission has been granted by the property owner; or
- (h) transfer, exchange, sell or otherwise convey a permit issued pursuant to this by-law.
## 22.2 No person shall vend at a location that:
- (a) obstructs or interferes with vehicle, bicycle, or pedestrian traffic;
- (b) obstructs or interferes with doorways, entrances and exits, fire doors or emergency exits adjacent to a street;
- (c) obstructs or interferes with any utility, postal, or similar installation;
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- (d) obstructs or interferes with Municipality works, structures, projects or operations, on or adjacent to a street.
- (e) interferes with, restricts, or otherwise affects streetscape improvement projects and/or construction;
- (f) is within twenty-five (25) feet of any driveway entrance to a first responder's station:
- (g) is within fifteen (15) feet of the entrance to any other driveway unless it is a driveway for private property on which the permit holder is permitted to vend in accordance with this bylaw;
- (h) is within fifty (50) meters of another mobile unit validly operating in accordance with the terms of a permit issued pursuant to this by-law;
- (i) is within fifty (50) meters of the doorway of a business operating in an enclosed permanent structure which is offering for sale the same or similar, food and beverages unless the owner of the enclosed permanent structure grants permission to the vendor allowing them to sell the same or similar food and beverages;
- (j) is within one hundred (100) meters of the property line of a school between the half hour prior to the start of the school day and half hour after dismissal at the end of the school day;
- (k) is within an area designated as "No Stopping", "No Parking" or "Loading Zone";
- (I) is not zoned for vending in accordance with the applicable land use by-law or Municipal Planning Strategy; or
- (m) is obstructed by snow or ice hindering the public's safe access to the services offered by a mobile unit.
- 22.3 Applicants wanting to vend at locations restricted under Section 22 of this by-law may be granted permission upon request to the Permit Administrator.
- 22.4 The prohibitions listed in this Section are in addition to all other prohibitions in this by-law.
## 23. ENFORCEMENT AND PENALTIES
## 23.1 A person who
- (a) violates or contravenes a provision of this by-law;
- (b) violates a term or condition of a permit issued pursuant to this by-law;
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- (c) fails to do anything required by this by-law;
- (d) fails to do anything required by a permit issued pursuant to this by-law;
- (e) permits anything to be done in violation of this by-law;
- (f) permits anything to be done in violation of a permit issued pursuant to this by-law; or
- (g) obstructs or hinders any person in the performance of their duties under this by-law is guilty of an offence.
- 23.2 A person who commits an offence is liable upon summary conviction to a penalty of not less than two hundred dollars ($200.00).
- 23.3 Each day that an offence of this by-law continues to exist shall constitute a separate offence.
## 24. EVIDENCE
- 24.1 In any prosecution for violation of this by-law, evidence that one person is disturbed or offended by sound from a mobile unit is evidence that is accepted as true that the peace of the neighbourhood is disturbed or offended.
## 25. SEIZURE AND REMOVAL
25. 1 A Municipal By-law Enforcement Officer may seize and remove from municipal lands any mobile unit if the officer has reasonable grounds to believe that the person vending is in violation of any section of this bylaw or any other by-law.
2. 25.2 A person may reclaim the mobile unit within fourteen (14) days after the seizure and upon payment in full for impoundment and storage fees, as set out in the municipality's Mobile Vending Permit Fee Policy and the Nova Scotia Mechanics Lien Act.
## 26. SEVERABILITY
- 26.1 A decision by a court of competent jurisdiction that any part of this by-law is illegal, void, or unenforceable severs that part from this by-law and does not affect the other provisions of this by-law which shall remain in full force and effect.
## 27. VALID PERMIT ISSUED PURSUANT TO BY-LAW 51 WHEN THIS BY-LAW COMES INTO FORCE
- 27.1 Where a person has obtained a permit pursuant to By-law 51: Vending By-law, that is valid at the time this by-law comes into force, then that person or persons may continue to operate pursuant to By-law 51 up to and including March 31, 2025. Such person or persons shall not vend pursuant to By-law 51 after March 31, 2025. In order to vend after March 31, 2025, such person or persons must obtain a permit pursuant to By-law 53: Mobile Vending By-law.
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## 28. REPEAL
- 28.1 This by-law repeals and replaces By-law 51: Vending By-law approved by the Council of the Municipality of the County of Inverness on November 19, 2021.
- 1, Keith MacDonald, Clerk of the Municipality of the County of Inverness hereby certify that the above-noted by-law was passed on March 20 at a meeting of the Municipality of the County of Inverness and repeals and replaces By-law 51: Vending By-law, which was passed at a meeting of the Municipality of the County of Inverness on November 19, 2021.
Kit the Daull
Keith MacDonald
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| Notice of Motion | February 6, 2025 |
|----------------------------------------|----------------------------------------------------------------------------------------|
| First Reading | February 20, 2025 |
| Publication dates of Formal Notice | February 21, 2025, posted to website February 26, March 5, 2025, published in The Oran |
| Second Reading (and passage) | March 20, 2025 |
| Public notification of by-law adoption | March 21, posted to website March 26, published in the Oran |
| Notice to Province | March 20, 2025 |