Alfred and Plantagenet, Ontario
· No. 2014-24
· summary & facts
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CORPORATION OF THE TOWNSHIP OF ALFRED AND PLANTAGENET
By-law Number 2014-24
REFRESHMENT VEHICLES BY-LAW
BEING A BY-LAW FOR LICENSING, REGULATING AND GOVERNING
REFRESHMENT VEHICLES (COMMONLY KNOWN AS CHIPWAGONS)
WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, under section 151,
provides that the Council of a local municipality may pass by-laws for licensing, regulating and
governing any business carried within the municipality;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, under section
425 (1), provides that a municipality may pass by-laws providing that a person who contravenes
a By-law of the municipality passed under the Municipal Act, 2001, S.O. 2001, c.25, as
amended, is guilty of an offence;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25, as amended, under section
429 (1), provides that a municipality may establish a system of fines for offences under a By-law
passed under the Municipal Act, 2001, S.O. 2001, c.25, as amended;
THEREFORE the Council of the Corporation of the Township of Alfred and Plantagenet enacts
as follows:
SHORT TITLE
1.
This by-law may be cited as the "Refreshment Vehicles By-Law".
DEFINITIONS
2.
In this by-law:
(a)
"Applicant" means a person filing an application for a licence under the authority of this
by-law;
(b)
"Council" shall mean the Council of the Corporation of the Township of Alfred and
Plantagenet;
(c)
"Fire Chief" shall mean the Chief of the Alfred and Plantagenet Fire Department or his
or her authorized subordinates or assistants.
(d) "Licensee" shall mean a holder of a licence issued under this by-law;
(e)
"Medical Health Officer" shall mean the Medical Health Officer of the Counties of
Prescott and Russell or his subordinates to whom he may designate such authority from
time to time;
(f)
"Municipal Law Enforcement Officer" shall mean the Municipal Law Enforcement
Officer appointed by the Council of the Corporation of the Township of Alfred and
Plantagenet;
(g)
"Parks" shall mean all public parks located within the limits of the Township;
(h)
"Township" shall mean the Township of Alfred and Plantagenet;
(i)
"Vehicle" shall mean a vehicle as defined in the Highway Traffic Act regardless of the
fact that the running gear has been removed or not;
(j)
"Victualing House" shall mean a premise where refreshments or meals are prepared or
sold for immediate consumption on the premise or elsewhere, but does not include a
premise where only hot beverages are sold or a refreshment vehicle;
(k)
"Zoning Administrator" shall mean the Zoning Administrator appointed by the Council
of the Corporation of the Township of Alfred and Plantagenet;
GENERAL REQUIREMENTS
3.
No person shall operate a vehicle from which refreshments are sold for human
consumption within the Township without first obtaining a licence as hereafter set out.
4.
No person shall, with the following exceptions, operate a vehicle from which
refreshments are sold for human consumption within three hundred (300) metres of a
victualing house or refreshment vehicle.
(a)
Refreshment vehicles with Type "B" licences may be within three hundred (300)
metres but not less than ten (10) metres of another refreshment vehicle.
(b)
A refreshment vehicle already established at the Wendover Wharf may be within
three hundred (300) metres but not less than one hundred fifty (150) metres of a
victualing house or another refreshment vehicle.
5.
No person shall operate a vehicle from which refreshments are sold for human
consumption within ten (10) metres of any building or structure.
6.
No person shall operate a vehicle from which refreshments are sold for human
consumption on municipally owned lands or parks without prior written consent from
the Council.
7.
No person shall operate a vehicle from which refreshments are sold for human
consumption without having a licence issued under this by-law prominently displayed
on the vehicle.
8.
No person who operates a vehicle from which refreshments are sold for human
consumption shall place or locate any carton, box or other article, other than a garbage
receptacle, outside of the refreshment vehicle.
9.
Every person who operates a vehicle from which refreshments are sold for human
consumption shall ensure that the garbage or litter resulting from his or her activity is
collected and removed from the area.
10.
Every person who operates a vehicle from which refreshments are sold for human
consumption shall ensure that a garbage receptacle is placed outside of the refreshment
vehicle while he or she is vending, and that the garbage is disposed of as required.
LICENCE APPLICATION - ADMINISTRATION
11.
The licence may designate the private properties upon which such sales of refreshments
may be made. No designation of a private property for the purposes of such sale shall
be made unless it is clearly established by the applicant that the owner of the property
has consented in writing to the use of his property for this purpose.
12.
All vehicles so licensed shall be operated only in conformity with the requirements of
the Medical Health Officer and the Council may, at any time, revoke any licence issued
hereunder.
13.
The licence may designate any further terms or conditions of licence deemed necessary.
14.
A licence granted hereunder shall, with the following exception, be for the operation of
the refreshment vehicle for one calendar year.
(a)
A Type "B" licence may be issued for a specific event provided that:
(i)
The event is being held for a period of not more than ten (10) days, and
(ii)
The applicant has furnished details as to the specific event, including its
location.
CONDITIONS FOR ISSUANCE
15.
No applicant for a refreshment vehicle licence shall be issued a licence unless:
(a)
The applicant is at least eighteen (18) years of age;
(b)
The Medical Officer of Health has reported in writing that the refreshment vehicle and
equipment is suitable for the purpose of the licence application and is in a sanitary
condition;
(c)
The Fire Chief has reported in writing that, where applicable, the refreshment vehicle
and equipment is suitable for the purpose of the licence application and is in a fire safe
condition;
(d)
The Medical Officer of Health has reported in writing that, where applicable, the
disposal of waste water and sewage from refreshment vehicle is in accordance with
regulations;
(e)
The Zoning Administrator has reported in writing that, where applicable, the location
and usage conforms to the Zoning By-Law of the Township;
(f)
The applicant has specified the make, style, model and serial number of the refreshment
vehicle;
(g)
The applicant is the holder of a current motor vehicle permit, where applicable, issued
pursuant to the Highway Traffic Act that permits it to be driven on any highway;
(h)
The applicant has filed proof of insurance for public liability in the amount of not less
than five hundred thousand ($500,000.00) dollars public liability inclusive of bodily
injuries, property damage and accidental benefits and including damage occasioned by
any accident arising out of the operation of the refreshment vehicle in respect of which
a licence is applied for;
(i)
The application is accompanied by a cheque for the fees in the amount as specified in
Schedule "A" of this by-law, and;
(j)
The application shall be in the form specified in Schedule "B".
TRANSFERS OF LICENSE
16.
No licence issued pursuant to this By-Law shall be transferred in any manner.
17.
No person shall transfer a license issued pursuant to this By-Law in any manner.
RENEWAL OF LICENCE
18.
The licensee shall ensure that, during the period of ninety (90) days prior to the
expiration of the license, his or her vehicle from which refreshments are sold is
submitted for inspection, where applicable, to:
(a)
The Medical Officer of Health, and
(b)
The Fire Chief,
as if the applicant was filing an original application.
19.
The licensee shall submit a completed application with all the required approvals at
least 60 days prior to the expiration of the license.
SUSPENSION / REVOCATION
20.
The Municipal Law Enforcement Officer may revoke or suspend any or each of the
permits issued to any person or close the establishment for cause and without limiting
the generality of the foregoing for:
(a) A breach of the law;
(b) Any violation of the provisions of this by-law.
21.
The provisions of section 20 may be exercised in addition to any prosecution or other
legal action.
22.
Any person contravening any of the provisions of this by-law while under suspension
shall be regarded as though no permit has been issued.
NOTICE OF VIOLATION & CLOSURE
23.
Upon determination that any violation of the provisions of this by-law or breach of the
law has been committed, a notice of violation & closure may be posted on the
refreshment vehicle by the Municipal Law Enforcement Officer.
24.
Such notice shall stay on the vehicle until a licence has been properly issued.
25.
No person shall, at the exception of the Municipal Law Enforcement Officer, remove,
deface or destroy the said notice.
OBSTRUCTION
26.
No person shall obstruct, hinder or interfere with the Municipal Law Enforcement
Officer, the Fire Chief or Medical Health Officer in the lawful performance of their
duties.
SEVERABILITY
27.
If a court of competent jurisdiction should declare any section or part of a section of this
by-law to be invalid, such section or part thereof shall not be construed as having
persuaded or influenced Council to pass the remainder of this by-law, and shall be valid
and shall remain in force.
ADMINISTRATION
28.
The provisions of this By-Law shall be enforced by the Municipal Law Enforcement
Officer.
PENALTIES
29.
Every person who contravenes any of the provisions of this by-law is guilty of an offence
and is subject to the provisions of the Provincial Offences Act, R.S.O. 1990, Chapter P.33,
and amendments thereto.
30.
In addition to imposing a fine, a court of competent jurisdiction may, upon conviction of
an offence under this by-law, issue an order prohibiting the continuation or repetition of
the violation by the person convicted.
BY-LAW REPEALED
31.
By-Law Number 2005-70 is hereby repealed.
DATED AND PASSED IN OPEN COUNCIL, THIS _________ of _____________ 2014.
____________________________ ____________________________
Jean-Yves Lalonde, Mayor
Marc Daigneault, C.A.O./Clerk
SCHEDULE "A"
REFRESHMENT VEHICLE LICENCE FEE SCHEDULE
1.
Annual fee for Refreshment Vehicle Licence
$200.00
2.
Type "B" Refreshment Vehicle Licence
$50.00/event
SCHEDULE "B"
APPLICATION FOR REFRESHMENT VEHICLE LICENCE
TOWNSHIP OF ALFRED AND PLANTAGENET
BY-LAW NUMBER 2005-70
Applicant Information
Name of Applicant: ____________________________________
D.O.B:___________________
Address:______________________________________________________________________________
____________________________________________________________________________________
Telephone Number: ________________________________________________________________
Type of licence:
Annual licence
Special Event
Special Event Dates: from________________ to ______________ (maximum 10 days)
Location: __________________________________________________________________________
If Private Property are you the owner?
Yes
No
If no, name of owner:________________________________________________________________
Vehicle information
Serial number: ________________________________________________________________________
Make: ____________________ Style: ____________________ Model: ___________________________
Motor Vehicle Permit Number:___________________________________________________________
Liability insurance
Name of Insurance Company:________________________________________________________
Policy number:_____________________ Amount of coverage: $_________________________
DECLARATION
I, the undersigned,_________________________________am the applicant named in the above
application and I certify the truth of the statements or representations contained therein.
I understand that the issuance of a licence shall not be deemed a waiver of any of the provisions of any
by-laws or other acts or regulations.
I acknowledge that in the event a licence is issued, any departure from specific conditions contained in
said licence is prohibited and such could result in the licence being revoked.
I further acknowledge that in the event the licence is revoked for any cause or irregularity or non-
conformity with by-laws or conditions there shall be no right of claim whatsoever against the municipal
corporation or any official thereof and any such claim is expressly waived.
______________________________________________, Ontario ______________________
20______
Signature of Applicant:_________________________________________________________________
Witness:______________________________________________________________________________
Office use only - CHECK LIST
Application Complete:
YES___
NO___
Medical Health Officer Letter:
YES___
NO___
Fire Chief Letter:
YES___
NO___
N/A___
Zoning Administrator Letter:
YES___
NO___
N/A___
Proof of Insurance (photocopy):
YES___
NO___
Fees included:
YES___
NO___