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The Corporation of the Municipality Of Brockton
By-Law #2005-21
Being a By-Law for the Licensing of Transient Traders in the Municipality Of Brockton.
Whereas the Municipal Act, 2001, S.O. 2001 Section 150 (g) (c), as amended, permits the
Councils of Municipalities to pass by-laws for licensing, regulating and governing the sale
or hire of goods and services on an intermittent or one time basis and the activities of
transient traders;
And Whereas the Council of the Corporation of the Municipality of Brockton wishes to
license, regulate and govern such persons in the Municipality of Brockton;
And Whereas the Council of the Corporation of the Municipality of Brockton wishes to
provide consumer protection to its inhabitants;
Now Therefore the Council of the Corporation of the Municipality of Brockton Enacts As
Follows:
1.
No person shall go from place to place with goods, wares or merchandise for sale, or
carry and expose samples, patterns or specimens of any goods, wares or
merchandise that are to be delivered in the Municipality of Brockton afterwards or
offer for sale at a specified location without first having obtained a license from the
Clerk of the Municipality of Brockton.
2.
The fee for such license shall be as established in the Municipality of
Brockton's Consolidated Fee By-Law.
3.
No such license is required for selling goods, wares or merchandise:
(i)
To wholesale or retail dealers in similar goods, wares or merchandise;
(ii)
If the goods, wares or merchandise are grown, produced in Ontario and are
sold by the grower, producer or an agent or employee of them having written
authority so to do, in the Municipality in which the grower, producer resides;
(iii)
If the goods wares or merchandise are grown or produced by a farmer resident
in Ontario who offers for sale or sells only the produce of the farmer's own
farm;
(iv)
If the goods, wares or merchandise are sold by a person who pays taxes in the
Municipality, or by that person's agent or employee;
(v)
If the goods, wares or merchandise are sold by an agent of the grower,
producer or acting on behalf of a dealer who pays taxes in the Municipality in
respect of premises used for the sale of such goods, wares or merchandise;
(vi)
By persons who sell milk or cream or fluid milk products to the consumer or
any person for resale.
4.
Licence for specified locations must be on property properly zoned for that purpose.
5.
Such agent or employee shall exhibit his or her authority when required so to do by
any Police Officer or By-Law Enforcement Officer.
6.
This licensee shall at all times, while carrying on his or her business, have the license
with him or her and shall, upon demand, exhibit it to any Police Officer or By-Law
Enforcement Officer, and, if the licensee fails to do so, is guilty of an offence, unless
the same is accounted for satisfactorily.
By-Law #2005-21
Transient Traders By-Law
Page 2
7.
Every person who contravenes any provisions of this by-law is guilty of an offence and
is subject to the penalties as prescribed in the Provincial Offences Act, R.S.O. 1990,
c.P.33 (as amended).
8.
This by-law shall come into full force and effect upon its final passage.
9.
By-Law #2002-77 is hereby rescinded.
10. This by-law shall supersede all others.
11. This by-law may be cited as the "Transient Traders By-Law".
Read a First and Second Time This 28 Day of February, 2005.
Original Signed By
Mayor - Charlie Bagnato
CAO/Clerk - Richard Radford
Read a Third and Final Time This 28 Day of February, 2005.
Original Signed By
Mayor - Charlie Bagnato
CAO/Clerk - Richard Radford
Part 1 Provincial Offences Act
The Corporation of the Municipality Of Brockton
By-Law 2005-21
Being a By-Law for the Licencing of Transient Traders.
Item Short Form Wording
Offence Creating Provision Or
Defining Offence
Set Fine
(Includes Costs)
1.
No licence
Section 1
$350.00
2.
Operating on improperly zoned location
Section 4
$75.00
3.
Failure to produce licence
Section 6
$75.00
Note: Licence fee is $308.25 per day.