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BY-LAW NO. 2016-061
A BY-LAW OF THE CORPORATION OF THE TOWN OF
BRACEBRIDGE
TO
LICENCE
AND
REGULATE
REFRESHMENT VEHICLES WITHIN THE TOWN OF
BRACEBRIDGE
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001 c. 25 (hereinafter referred to as the
"Municipal Act"), provides that the powers of the Municipality under this or any other Act shall be
interpreted broadly so as to confer broad authority on municipalities to enable municipalities to govern
their affairs as they consider appropriate and to enhance the municipality's ability to respond to municipal
issues;
AND WHEREAS Section 9 of the Municipal Act provides that a municipality has the capacity, rights,
powers and privileges of a natural person for the purposes of exercising authority under the Municipal Act
or any other Act;
AND WHEREAS Section 11 of the Municipal Act provides that a lower tier municipality may pass by-laws
that it considers necessary or desirable for the public;
AND WHEREAS Sections 151 and 160 of the Municipal Act provide that a municipality may provide for a
system of licences with respect to a business and pass by-laws licensing businesses under any section of
the Municipal Act or any other Act;
AND WHEREAS Section 425(1) of the Municipal Act states that a municipality may pass by-laws
providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an
offence;
AND WHEREAS Section 426(1) of the Municipal Act states that no person shall hinder or obstruct, or
attempt to hinder or obstruct, any person who is exercising a power or performing a duty under this Act or
under a by-law passed under this Act;
AND WHEREAS Section 429 of the Municipal Act permits a municipality to establish a system of fines for
offences under a by-law of the municipality passed under this Act and designates an offence as a
continuing offence;
AND WHEREAS Section 436 of the Act states that a municipality has the power to pass by-laws providing
that the municipality may enter on land at any reasonable time for the purpose of carrying out an
inspection to determine whether or not the following are being complied with: a by-law of the municipality
passed under this Act, a direction or order of the municipality made under this Act or made under a by-
law of the municipality passed under this Act, a condition of a licence issued under a by-law of the
municipality passed under this Act or an order made under section 431 of this Act;
AND WHEREAS the Council for the Town of Bracebridge deems it expedient to establish regulations to
control business activities relating to refreshment vehicles in Bracebridge in the interest of public safety,
nuisance control and consumer protection;
AND WHEREAS a "Vibrant, Prosperous and Economically Sustainable Community" has been identified
as a core strategic objective by the Town of Bracebridge, including the creation of jobs for young people;
BY-LAW NO. 2016-061
Page 2
AND WHEREAS by motion 16-GC-188, the Council of The Corporation of the Town of Bracebridge
deems it expedient to pass such a by-law;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF BRACEBRIDGE
ENACTS AS FOLLOWS:
1.
DEFINITIONS
1.1
Applicant means a person who has applied for a licence in accordance with the
provisions of this by-law.
1.2
Cart means a bicycle, portable wagon or handcart that is moved from place to place
exclusively by muscular power.
1.3
Catering Truck means a motor vehicle from which prepackaged food and beverages,
coffee and tea are offered for sale and sold to employees and other workers on private
property at the invitation of a property or business owner or a contractor working on the
property.
1.4
Charitable Organization means an organization or group recognized by the Canada
Revenue Agency as being charitable and in full compliance with the reporting
requirements under the Charities Accounting Act, R.S.O., 1990, c. C.10 or the Income
Tax Act, R.S. 1985, c.1.
1.5
Clerk means the Town Director of Corporate Services/Clerk or a designate.
1.6
Council means the Council of The Corporation of the Town of Bracebridge.
1.7
Designated means a Town property approved for refreshment vehicle operation as
specifically indicated on Schedule "A" of this by-law.
1.8
District means the District Municipality of Muskoka.
1.9
Food shall include food or drink for human consumption but excludes alcoholic
beverages.
1.10
Food Truck means a motorized vehicle bearing current licence plates from which
refreshments are cooked, carried or offered for sale for consumption to the general public
but does not include a catering truck, trailer, cart or vehicle propelled only by muscular
power.
1.11
Highway includes a common and public highway, street, avenue, parkway, driveway,
square, place, bridge, viaduct or trestle, and any part of which is intended for or used by
the general public for the passage of vehicles and includes the area between the lateral
property lines thereof.
1.12
Licence means a business licence issued by the Licensing Officer authorizing the
licensee to operate a refreshment vehicle business in compliance with this by-law.
1.13
Licensee means a person, company or organization that has been issued a licence and
includes an applicant.
1.14
Licensing Officer means the Chief By-Law Enforcement Officer for the Town or his/her
designate.
BY-LAW NO. 2016-061
Page 3
1.15
Not for Profit Sales means that 100 % of the profit from the sale of food is retained by or
provided to a Not for Profit or Charitable Organization or an organization that raises
money for the advancement of recreation or culture within the Town.
1.16
Nuisance means any activity or action which, in the opinion of the Licensing Officer, is
likely to disturb any resident.
1.17
Officer means a By-Law Enforcement Officer appointed by Council or a member of the
Ontario Provincial Police.
1.18
Operate means to directly or indirectly manage, work, control, maintain, put or keep in a
functional state any business.
1.19
Owner means the registered owner of the land on which the refreshment vehicle or stand
business is being conducted or the licensee.
1.20
Person means an individual, sole proprietorship, partnership, unincorporated
association, organization including a charitable organization or a corporation.
1.21
Premises means land and includes all buildings, structures and refreshment vehicles
situated thereon.
1.22
Refreshment Vehicle means any vehicle, cart or stand from which food is sold or offered
for sale for consumption by the public and includes wagons, trailers, bicycle carts, food
trucks and portable structures but does not include a catering truck.
1.23
Residential Area means an area designated as residential in the Town's Comprehensive
Zoning By-Law.
1.24
Restaurant has the same meaning as in the Town's current Comprehensive Zoning By-
Law.
1.25
Roadway means the travelled portion of a highway.
1.26
Seasonal means permitted to operate between May 1st and October 31st.
1.27
Sidewalk means the portion of a highway between the curb lines or the lateral lines of a
roadway and the adjacent property lines intended for the use of pedestrians.
1.28
Special Event means an event proceeding under the authority of a valid special event
permit issued by the Town.
1.29
Stand means a portable building or structure that is used to prepare and/or serve food to
the general public.
1.30
Student means a person who is not older than 29 years of age and is currently enrolled
in a program of study at a secondary or post-secondary institution.
1.31
Town means the Corporation of the Town of Bracebridge.
1.32
Valid means currently in effect and not expired.
1.33
Vehicle has the same meaning as within the Ontario Highway Traffic Act, R.S.O. 1990,
c.H.8.
BY-LAW NO. 2016-061
Page 4
2.
LICENCE APPLICATION
2.1
Every person making application for a refreshment vehicle licence shall submit the
following information and/or documentation to the Licensing Officer as part of a
completed application package:
2.1.1
A completed Town business licence application form with the required licence fee
as contained in the Town Fees and Charges by-law currently in effect;
2.1.2
For food trucks and motor vehicles to be operated on a highway, a copy of the
vehicle ownership certificate showing the owner of the vehicle, the vehicle
licence plate number and vehicle identification number and proof of valid vehicle
insurance with the required coverage;
2.1.3
All approvals, inspections or other documentation as specified under the
provisions of this by-law or specifically requested by the Licensing Officer;
2.1.4
When applicable, a written plan for the containment and disposal of grey water,
grease and garbage in a sanitary manner satisfactory to the Town;
2.1.5
For a refreshment vehicle located on private property, written confirmation from
the owner of the property that the refreshment vehicle is permitted to operate on
the property and the specific period of time it has been approved to operate on
the property;
2.1.6
For a refreshment vehicle to be located on private property, written confirmation
from the Director of Planning and Development or her/his designate that the
proposed refreshment vehicle will comply with the official plan and zoning by-law
as well as all relevant plans and policies currently in effect that apply to the
application.
2.1.7
The address of where the refreshment vehicle will be parked or stored when not
operating;
2.1.8
Proof of business insurance in an amount specified under section 9 of this by-
law.
3.
TERM OF LICENCE
3.1
The term of every licence shall be indicated on the licence after which time the licence
shall become null and void. For the purposes of determining the term of a licence, the
following shall apply:
3.1.1
Weekly - Seven (7) consecutive calendar days
3.1.2
Monthly - Thirty (30) consecutive calendar days
3.1.3
Seasonal - May 1st to October 31st inclusive
3.1.4
Annual - January 1st to December 31st inclusive
4.
SCHEDULES
4.1
All schedules attached to this by-law shall form part of the by-law.
BY-LAW NO. 2016-061
Page 5
5.
NO VESTED RIGHT
5.1
No person shall have a vested right to the continuation or re-issuance of a licence. All
licences issued, renewed, cancelled, suspended or terminated remain the sole property
of the Town.
6.
LICENCE SUSPENSION/REVOCATION
6.1
The Licensing Officer shall receive, review and process all applications for a refreshment
vehicle business licence.
6.2
The Licensing Officer may refuse to issue a licence and may suspend or cancel an
issued licence when:
6.2.1
The licensee does not meet or has failed to adhere to the requirements of this
by-law, other Town by-laws or any applicable provincial or federal legislation;
6.2.2
The Licensing Officer determines that the location and/or operation of the
business may create or has created a public nuisance;
6.2.3
The Licensing Officer determines that the operation of the business is contrary to
the public interest.
6.3
Notice of the suspension or cancellation of an issued licence shall be in a written form
and may be communicated to the licensee by an Officer via any one of the following
approved methods:
6.3.1
Personal service to a person working at the refreshment vehicle;
6.3.2
Posting the notice in a prominent location on the premises of the refreshment
vehicle;
6.3.3
Mailing the notice through regular mail to the licensee at the address noted on
the business licence application. When notice of licence cancellation or
suspension is communicated to the licensee via regular mail, the licence shall be
deemed to be cancelled or suspended three (3) business days after mailing.
7.
NOTICE AND APPEAL
7.1
A licensee that has had a licence application refused or an issued licence suspended or
cancelled by the Licensing Officer may make a written application to Council to have the
decision of the Licensing Officer overturned.
7.2
Upon receipt of a written application as outlined in section 7.1, Council may either:
7.2.1
Confirm the decision of the Licensing Officer;
7.2.2
At Council's sole discretion, permit the applicant an opportunity to address
Council.
7.3
Any decision made by Council to allow or deny an applicant to address Council at a
public meeting, to uphold the initial licence refusal, suspension or cancelation or to issue
the licence with or without conditions, shall be final.
BY-LAW NO. 2016-061
Page 6
8.
GENERAL PROVISIONS
8.1
No person shall operate a refreshment vehicle anywhere within the Town of Bracebridge
without possessing and displaying a valid business licence issued by the Licensing
Officer for the Town under the authority of this by-law.
8.2
No person shall operate a refreshment vehicle anywhere within the Town of Bracebridge
between the hours of:
8.2.1
11:00 p.m. and 7:00 a.m. when parked or located on private property;
8.2.2
9:00 p.m. and 7:00 a.m. when parked or located upon any roadway;
8.2.3
11:00 p.m. and 7:00 a.m. when parked or located on a designated Town
property.
8.3
No person shall locate a refreshment vehicle on any portion of a sidewalk or boulevard
area at any time.
8.4
No person shall locate a refreshment vehicle on a designated Town property unless the
refreshment vehicle is:
8.4.1
Located on a designated Town property identified in Schedule "A" of this by-law;
8.4.2
Parked or located in compliance with the Town parking lot by-law currently in
effect for the designated Town property where applicable;
8.4.3
Removed from the designated Town property each day between 11:00 p.m. and
7:00 a.m.;
8.4.4
Not exceeding the maximum number of permitted refreshment vehicles permitted
on the designated Town property as confirmed on Schedule "A" of this by-law.
Should more than the maximum number of permitted refreshment vehicles
operate or attempt to operate on a designated Town property, the Licensing
Officer shall prepare an operating schedule and no person shall operate a
refreshment vehicle on the designated Town property unless permitted to do so
on the approved dates as indicated on the issued operating schedule.
8.4.5
Only operating between the period of May 1st and October 31st. Under no
circumstances may a refreshment vehicle operate on a designated Town
property between the period of November 1st and April 30th.
8.5
No person shall operate a refreshment vehicle within 30 metres of a restaurant currently
open for business when, in the opinion of the Licensing Officer, the refreshment vehicle is
offering for sale or selling a comparable food product to that of the open restaurant.
8.6
No person shall operate a refreshment vehicle on any portion of any District highway as
shown on Schedule "C" of this by-law.
8.7
No person shall operate a refreshment vehicle within 100 metres of a school or hospital.
8.8
No person shall operate a refreshment vehicle consisting of a food truck, trailer or stand
unless:
BY-LAW NO. 2016-061
Page 7
8.8.1
A waste receptacle with a lid is provided by the licensee for customer waste
collection;
8.8.2
The waste receptacle is located in a position to be easily accessible by
customers at all times;
8.8.3
The waste receptacle is emptied at the conclusion of each business day by the
licensee or other person in control of the food truck, trailer or stand;
8.8.4
All emptied waste is disposed of in accordance with Town and District by-laws at
the sole expense of the licensee.
8.9
No person shall operate a refreshment vehicle unless all litter and debris in the
immediate area of the refreshment vehicle that has been generated by the operation of
the refreshment vehicle is picked up and placed in the licensee's provided waste
receptacle by the licensee or other person in control of the refreshment vehicle.
8.10
No person shall operate a refreshment vehicle that uses liquid propane gas or natural
gas unless an inspection of the refreshment vehicle has been conducted and a valid
approval certificate issued by a licensed gasfitter or the Technical Standards Safety
Association (TSSA). A valid inspection certificate must be obtained and provided to the
Licensing Officer at least once each year that the refreshment vehicle is in operation.
8.11
No person shall operate a refreshment vehicle using combustible fuel within 3 metres of
any structure, door, window or other opening into a building.
8.12
No person shall operate a refreshment vehicle that makes a noise in contravention of the
Town's noise control by-law or such other noise deemed to be a public nuisance by the
Licensing Officer.
8.13
No person shall operate a refreshment vehicle anywhere within the Town of Bracebridge
unless the type of refreshment vehicle and location of the refreshment vehicle comply
with Schedule "B" of this by-law.
8.14
No person shall offer for sale or sell other than prepackaged or previously prepared food
products from a refreshment vehicle propelled only by muscular power including a bicycle
or cart.
8.15
No person shall operate a refreshment vehicle unless the preparation and sale of food
products from the refreshment vehicle has been previously approved by a Public Health
Inspector from the Simcoe Muskoka District Health Unit (SMDHU).
8.16
No person operating a refreshment vehicle shall dispense a food product from the
refreshment vehicle to any person while the person is located on a roadway.
8.17
No person shall operate a refreshment vehicle unless the vehicle displays, in contrasting
colour and in clearly visible letters measuring at least 10 centimetres in height, the
operating name of the business as it appears on the issued licence.
8.18
No person shall operate a refreshment vehicle within 50 metres of an area being used as
part of a Town approved special event unless the refreshment vehicle has been
approved to participate in the special event or written confirmation has been obtained
from the special event organizer indicating non-objection to the refreshment vehicle
location if located within 50 metres of the special event.
BY-LAW NO. 2016-061
Page 8
8.19
No person shall operate a refreshment vehicle that is using an accessory generator when
the generator is located outside of the refreshment vehicle.
8.20
No person shall operate a refreshment vehicle for a period exceeding 15 minutes within
any one block face in a residential area in any 24 hour period.
8.21
No person shall operate a refreshment vehicle drawn or propelled by one or more
animals.
9.
INSURANCE
9.1
Every licensee shall maintain the following minimum insurance coverage(s) on the
licensed refreshment vehicle business for the duration of the licence:
9.1.1
Two million dollars ($2,000,000) public or general liability business insurance
naming the Town as an additional insured;
9.1.2
Two million dollars ($2,000,000) automotive liability insurance for all motor
vehicles being operated as refreshment vehicles on any portion of a highway.
10.
EXEMPTIONS
10.1
Sections 2.1.1 and 8.1 of this by-law do not apply to a refreshment vehicle:
10.1.1 Operated by or on behalf of a charitable organization with all of the proceeds
from the operation of the refreshment vehicle being retained by or provided to the
charitable organization;
10.1.2 Approved by the Licensing Officer to operate on a not for profit sales basis.
10.2
The provisions of this by-law do not apply to a refreshment vehicle:
10.2.1 Operated by a restaurant on the premises of the restaurant;
10.2.2 Approved to operate as part of the Bracebridge Farmer's Market;
10.2.3 Operating under the authority of a special event permit issued by the Town for
the period and location specified on the special event permit;
11.
INSPECTIONS
11.1
An officer may enter onto land at any reasonable time and may be accompanied by any
person for the purpose of carrying out an inspection, taking photographs and obtaining
evidence to determine whether a refreshment vehicle is in compliance with this by-law or
an order issued under the authority of this by-law.
11.2
No person shall hinder or obstruct, or attempt to hinder or obstruct, an officer or person
assisting an officer when exercising a power or performing a duty under this by-law. For
the purposes of this section, the failure to properly identify upon request by an officer
shall be deemed to be obstruction of the officer.
BY-LAW NO. 2016-061
Page 9
12.
OFFENCES AND PENALTIES
12.1
Any person who contravenes any provision of this by-law is guilty of an offence and is,
upon conviction, liable to any penalty provided under the Provincial Offences Act, R.S.O.
1990, c. P.33, as amended and the Municipal Act, 2001, S.O. 2001 C.25.
12.2
Every person guilty of an offence under this by-law may, if permitted under the Provincial
Offences Act, pay a set fine and the Chief Justice of the Ontario Court of Justice shall be
requested to establish set fines in accordance with Schedule "D" of this by-law.
12.3
For the purpose of this by-law, each day of a continuing offence shall be deemed to be a
separate offence.
13.
VALIDITY AND SEVERABILITY
13.1
Every provision of this by-law is declared severable from the remainder and if any such
provision of this by-law shall be declared invalid by a court of competent jurisdiction, such
declaration shall not affect the validity of the remainder of the by-law.
14.
FORCE AND EFFECT
14.1
This by-law shall come into force and effect upon the date Council approves the by-law.
15.
REPEAL
15.1
On the date this by-law comes into effect, By-law 99-121 and all amendments thereto,
are hereby repealed.
16.
SHORT TITLE
16.1
This by-law may be referred to as the "Refreshment Vehicle By-Law".
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF JULY, 2016.
______________________________
_____________________________
Mayor, Graydon Smith
Director of Corporate Services/Clerk,
L. McDonald
BY-LAW NO. 2016-061
Page 10
SCHEDULE "A"
Designated Town Property
DESIGNATED LOCATION
LICENCE TERM PERMITTED
MAXIMUM NUMBER PERMITTED TO
OPERATE IN DESIGNATED
LOCATION AT ONE TIME
Hiram Lot
Weekly, Monthly, Seasonal
Two (2)
Bay Park/Bay Park Lot
(Refreshment Vehicle may not be
located within 15 metres of the
Muskoka River)
Weekly, Monthly, Seasonal
One (1)
Kirby's Beach Park/Kirby's Beach Lot
(Refreshment Vehicle must be located
within 15 metres of the parking lot
when located in park area)
Weekly, Monthly, Seasonal
One (1)
Manitoba Street Parkette
(north west corner of Manitoba Street
and McMurray Street)
Weekly, Monthly, Seasonal
One (1)
Bird Mill Mews Parkette
(north of Bird Mill Mews)
Weekly, Monthly, Seasonal
One (1)
BY-LAW NO. 2016-061
Page 11
SCHEDULE "B"
Permitted Refreshment Vehicle Locations by Type
A refreshment vehicle may only operate in a location identified on the following table:
TYPE OF
REFRESHMENT
VEHICLE
ROADWAY
PORTION OF
HIGHWAY
(EXCLUDES
DISTRICT
HIGHWAYS1)
DESIGNATED
TOWN PARKING
LOT AS SHOWN
ON SCHEDULE
"A"
DESIGNATED
TOWN
PARK/PARKETTE
AS SHOWN ON
SCHEDULE "A"
PRIVATE
PROPERTY
Currently licensed
motor vehicle (food
truck)
Trailer
Bicycles propelled only
by muscular power
Wheeled carts
propelled only by
muscular power
Stand
1 As shown on Schedule "C" of By-Law 2016-061
BY-LAW NO. 2016-061
Page 12
SCHEDULE "C"
List of District Municipality of Muskoka Highways
Refreshment Vehicles Prohibited on any portion of the following highways:
District Roadway Designation
Local Roadway Name
Muskoka Road 4
Manitoba Street
Muskoka Road 6
Doe Lake Road
Muskoka Road 14
Fraserburg Road
Muskoka Road 15
Golden Beach Road
Muskoka Road 16
Beaumont Drive
Muskoka Road 17
Muskoka Beach Road
Muskoka Road 20
Uffington Road
Muskoka Road 37
Entrance Drive
Muskoka Road 42
Taylor Road
Muskoka Road 46
Bonnie Lake Road
Muskoka Road 50
High Falls Road
Muskoka Road 117
Muskoka Road 117
Muskoka Road 118 West
Muskoka Road 118 West
BY-LAW NO. 2016-061
Page 13
SCHEDULE "D"
Proposed Set Fines and Short Form Wording
ITEM
Offence
Section
Proposed
Set Fine
1
Operate refreshment vehicle without required licence
8.1
$400
2
Operate refreshment vehicle on private property during prohibited
hours
8.2.1
$200
3
Operate refreshment vehicle on roadway during prohibited hours
8.2.2
$200
4
Operate refreshment vehicle in designated lot during prohibited hours
8.2.3
$200
5
Locate refreshment vehicle on sidewalk/boulevard area
8.3
$200
6
Locate refreshment vehicle on other than designated Town property
8.4.1
$200
7
Fail to remove refreshment vehicle from designated Town property
between 11:00 p.m. and 7:00 a.m.
8.4.3
$200
8
Operate on non-scheduled date
8.4.4
$200
9
Operate refreshment vehicle during prohibited months
8.4.5
$200
10
Operate refreshment vehicle within 30 metres of open restaurant
8.5
$200
11
Operate refreshment vehicle on District highway
8.6
$200
12
Operate refreshment vehicle within 100 metres of school or hospital
8.7
$200
13
Operate refreshment vehicle - fail to provide required waste
receptacle
8.8.1
$200
14
Operate refreshment vehicle without accessible waste receptacle
8.8.2
$200
15
Operate refreshment vehicle - fail to empty waste receptacle each day
8.8.3
$200
16
Operate refreshment vehicle - fail to dispose of waste in acceptable
manner
8.8.4
$200
17
Operate refreshment vehicle - fail to keep area clear of litter
8.9
$200
18
Operate refreshment vehicle without required inspection certificate
8.10
$200
19
Operate refreshment vehicle within 3 metres of
structure/door/window/other opening into building
8.11
$200
20
Operate refreshment vehicle - noise creating a nuisance
8.12
$200
BY-LAW NO. 2016-061
Page 14
ITEM
Offence
Section
Proposed
Set Fine
21
Operate refreshment vehicle in other than permitted location
8.13
$200
22
Offer for sale other than prepackaged food products
8.14
$200
23
Operate refreshment vehicle without health unit approval
8.15
$200
24
Provide service to customer situated on roadway
8.16
$200
25
Operate refreshment vehicle without clearly displaying name on
vehicle
8.17
$200
26
Operate refreshment vehicle within 50 metres of special event
8.18
$200
27
Operate refreshment vehicle using external generator
8.19
$200
28
Operate refreshment vehicle on one block face on a residential street
in excess of 15 minutes in a 24 hour period
8.20
$200
29
Operate refreshment vehicle drawn or propelled by one or more
animals.
8.21
$200
30
Fail to maintain required business insurance coverage
9.1.1
$400
31
Fail to maintain required vehicle insurance coverage
9.1.2
$400
32
Obstruct officer performing duty
11.2
$400