CH94 Vending Bylaw

Kentville, Nova Scotia

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Town of Kentville By-LawCha This By-Law is entitled the "Vending By-Law".DEFINITIONS2. In this By-Law:1) "abutter" means the owner, lessee or occupier of any premises or lot in the Town whi "DO" means the Development Officer for the Town or their delegate;3) "CAC" means the Council Advisory Committee for the Town;4) "crosswalk" means that portion of a roadway ordinarily included within the prolongatio "flea market" means an outdoor market at which persons sell new or used merchandis "linear metres" means the length of the longest dimension of a fixed stand;7) "mobile canteen" means a motorized vehicle used for the display, storage, transporta "mobile stand" means a stand having any wheels with a diameter in excess of 10 cm o "non-mobile stand" means a stand that is not a mobile stand;10) "owner" of land means a part owner, joint owner, tenant in common, or joint tenant o "peddle" means to travel about selling wares;12) "public places" means:a. streets;b. property owned by the Town; c. property owned bythe Province of Nova Scotia that is open to the public; andd. public parks and trails; and "in, on or near a public place" includes locations that driveways, parking lots, and vacant or undeveloped lots any portion of which is w within 25 metres of a public place; org. visible from a public place;13) "roadway" means that portion of a street between the curb lines or the traveled portio "sidewalk" means that portion of a street between the curb line and adjacent property "sidewalk café" has the meaning attributed to it in Policy Statement G-29;16) "stand" includes a table, showcase, bench, rack, pushcart, wagon or wheeled vehicle "street" means a public street, highway, road, lane, sidewalk, thoroughfare, bridge, squ "Town" means Town of Kentville, a body corporate pursuant to the Municipal Govern "vend" or "vending" means the sale, or offering for sale, outside an enclosed building food, beverages or other merchandise, unless they are immediately delivered to services, unless they are provided in a building; and includes busking, but does not contravene this By-Law if it is carried out in compliance vend at flea markets in the Town except in accordance with the terms and conditions o vend in, on or near a public place in the Town except in accordance with the terms and peddle in the Townexcept in accordance with the terms and conditions of a Vending P In accordance with, and subject to, the provisions of this By-Law, Vending Permits may be obtai the vending of food and beverages at mobile canteens and pedal stands on streets and at the vending of food and beverages and other merchandise or services at stands at specifica the vending of merchandise at flea markets; 4) busking; and5) peddling.6. All Vending Permits shall be obtained by application to the DO. The application for a Vending the name, postal and civic address and phone number of the applicant;2) the maximum number ofa. mobile canteens;b. mobile stands;c. linear metres of non-mobile stands;d. square metres of flea market space for which a Vending Permit is sought;e. buskers; andf. peddlers.3) whether the application is for a permit:a. for a period of 3 months or less, and, if so, the dates of the period for which the permit i for one occasion on less than 10 days in any year, and if so, the dates for which the permi for a flea market, and if so, the dates for which the permit is sought.4) in the case of permits for mobile canteens:a. the provincial motor vehicle registration number and description by make, model, and ye b. confirmation that the applicant will only operate or allow the operation of the mobile can a description of the foods and beverages to be sold at each mobile canteen;d. a description of the areas in the Town in which each mobile canteen will sell food and a photograph of each mobile canteen;5) in the case of permits for stands:a. where the stand is to be used for the sale of foods and beverages, confirmation that the a description of the foods and beverages or other merchandise or services to be sold a where the stand is a mobile stand:i. a description of the areas in the Town in which each mobile stand will sell food a photograph of each mobile stand or, where several stands have the same appear where the stand is a non-mobile stand:i. the precise location, described by civic address and a plan diagram showing the s the maximum dimensions of the stand and a description of whether it is a table, in the case of permits for flea markets:a. the precise location, described by civic address; andb. the maximum dimensions of the product display space; 7) in the case of permits for busking:a. a description of the entertainment to be provided;b. the precise location described by a civic address and a plan diagram showing the sidew in the case of permits for peddling, a description of the wares being sold;9) the permit fee pursuant to section 7; and10) where applicable, the civic address of any public places other than streets at which the a The fee for a Vending Permit shall be as shown in Schedule "B" to this By-Law.8. A Vending Permit shall not be issued in respect of vending goods or services or peddling wa requirements shall be deemed to be a term and condition Subject to the other provisions of this By-Law, the DO shall issue a separate numbered Vendi A Vending Permit shall remain in effect for the period stated thereon but, in any event, shall The DO may refuse to issue, or amend, or may revoke or suspend a Vending Permit for breac A person aggrieved by a decision of the DO pursuant to section 11 may appeal that decision t After the hearing of an appeal, CAC may confirm, rescind or vary the decision of the DO.14. A Vending Permit issued under this By-Law shall be conspicuously displayed on the mobile No person, with or without a Vending Permit, shall: 1) vend or peddle in any area of the Town listed in Schedule "C" to this By-Law;2) vend within 100 metres of the grounds of any school between 1/2 hour prior to the start vend or peddle between 10:00 p.m. and 8:00 a.m. of the following day, except in those a leave any stand or mobile canteen unattended on a street;5) sell food or beverages for immediate consumption unless there is available for public us leave any vending location without first picking up, removing and properly disposing of allow any items relating to the operation of a stand, flea market, or mobile canteen to be vend to persons in motor vehicles;9) sound or permit the sounding of any device which produces a loud and raucous noise, o attention of the public or cry his or her wares to the distur when vending from a mobile canteen or pedal stand:a. vend when the mobile canteen or pedal stand is situated in a no parking area, or vend when the mobile canteen or pedal stand obstructs a roadway;c. vend when customers or persons apparently waiting to become customers are st vend in public places within 30 feet of any driveway entrance to a police or fire vend when customers or persons apparently waiting to become customers are ob vend within the street in competition with the abutter;11) when vending from a stand:a. situate a stand or vend from a stand situated ina roadway, unless the stand is a vend when there is snow or ice on the sidewalk;c. vend so as to obstruct the traffic of pedestrians, or wheelchairs, and without limit vend when customers or persons apparently waiting to become customers are st vend within five feet of an entrance way to any building, except a buildingowned vend in public places within 30 feet of any driveway entrance to a police or fire s vend in public places within 10 metres of the crosswalk at any intersection but, allow the stand or any other item relating to the operation of the vending busines vend within the street in competition with the abutter;12) vend from a fixed stand with a width in excess of 1.25 metres; 13) vend on any sidewalk that is less than 2 metres in width; 14) peddle on any premises where a sign prohibiting peddling has been clearly posted;15 when vending at flea markets: a. vend without the express authorization of the owner of the property upon which the set up or place, or allow to be set up or placed, outside in a location visible from a leave or allow to be left outside in a location visible from a public place any vending cause a nuisance while vending or peddling.Penalty16. Any person who contravenes Chapter 71 Vending Bylaw is hereby repealed upon publication of the Notice of Passing of thi This By-Law is effective upon publication of the Notice of Passing. Clerk's Annotation For Official By-Law BookDate Schedule "A"(Vending Permitted on Abutting Stre Schedule "B"(Vending Permit Fee Structure)Perm Schedule "C"(Areas where Vending is prohi Schedule "D"(Areas Excluded from Restrict