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The Municipality of Central Manitoulin
By-Law Number 2020-08
(A By-Law to replace By-Law Number 2012-11)
Being a By-law to License Mobile Vendors
Whereas the Municipal Act, Section 151, RSO 2001 Ch. 25, as amended, empowers
municipalities to enact By-laws for licensing, regulation and governing vehicles, structures and
locations, from which products or services, are sold or distributed to the public, and for revoking
any such license.
And Whereas the Municipal Act, Section 151, RSO 2001 Ch. 25, as amended, empowers
municipalities to enact by-laws for licensing, regulation and governing persons who go from place
to place or at a particular place with goods, wares or merchandise for sale, or who carry and
expose samples, patterns or specimens of any goods, wares or merchandise that are to be
delivered in the Municipality afterwards;
And Whereas the Municipality of Central Manitoulin does hereby deem it advisable to license
Mobile Vendors.
Now Therefore, The Municipality of Central Manitoulin enacts as follows:
“Mobile Vendor” means any person, non-permanent structure or vehicle used for the purpose of
the distributing or selling of a service or product to the public in any location within the
Municipality of Central Manitoulin.
“Class A - Stationary Unit” means a motorized or non-motorized vehicle that is used as a non-
travelling, site specific food premises including but not limited to a catering truck, chip truck or
refreshment trailer and for the purposes of this By-Law shall be considered to be a structure.
“Class B - Mobile Unit” means a motorized or non-motorized vehicle that is used as a travelling
food premises including but not limited to a catering truck, chip truck or refreshment trailer.
“Class C - Pushcart” means a cart which is propelled by muscular power and is equipped with
cooking equipment on which to prepare hot food or a cart which is propelled by muscular power
and is equipped with an insulated container for storing and transporting frozen products.
“Class D - Door to door sales” means any person who goes from place to place, or to a
particular place, with goods, wares or merchandise for sale, or who carries and displays samples,
patterns or specimens of any goods, wares or merchandise for which orders are taken and that
are to be delivered in the Municipality afterward.
1. No person shall operate as a Mobile Vendor within the Municipality without having first
obtained a license to commence such an operation from the Municipality. Temporary
licenses must be obtained by those persons who are operating for a specific time
period or on a short-term basis. For the purposes of this By-law, operators or groups
whose wares, services or merchandise will be sold or distributed at licensed events or
locations such as but not limited to Fall Fairs and Farmers Markets shall not be
considered to be “Mobile Vendors’.
2. The following classes and fees of Mobile Vendors are hereby established:
a. Class A - Stationary Units - $750.00 per year
b. Class B - Mobile Units - $500.00 per year
c. Class C - Pushcart - $250.00 per year
d. Class D - Door to Door Sales - $250.00 per year
3. Operation as a “Class A - Stationary Unit’ shall occur only on properties where a
commercial use would be in conformity with the Municipal Zoning By-law and shall meet
all provisions of the zone in which it is located.
4. A“Class A — Stationary Unit’ license issued pursuant to this By-Law shall be non-
transferable and shall be valid for the term specified but shall expire on December 31° of
each calendar year.
5. A“Class B~ Mobile Unit’, “Class C - Pushcart’ or “Class D — Door to door sales’ license
issued pursuant to this By-Law shail be non-transferable and shall be valid for the term
specified but shall expire on October 31% of each calendar year.
6. No person shall carry on or operate as a “Class B — Mobile Unit”, “Class C — Pushcart’ or
“Class D — Door to door sales” except during the times between 8:00 a.m. and 8:00p.m.
on any day.
7. No person shall carry on or operate as a “Class B — Mobile Unit’ or “Class C — Pushcart’
on any property within the Municipality whether it is Privately, Provincially or Municipally
owned without a written consent letter from the owner thereof.
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No person shall operate as a Mobile Vendor or obtain a Municipal license to operate as a
Mobile Vendor, without first having obtained and, supplied to the Municipality, a
Certificate of approval from the Medical Officer of Health, if applicable.
No person shall operate as a Mobile Vendor, without having first obtained and, supplied
to the Municipality, a Certificate of Compliance from a licensed propane service depot, if
applicable.
No person shall operate as a Mobile Vendor unless the Municipal license is prominently
displayed at the location where the Mobile Vendor is in operation.
The Council may at any time after a hearing is held, and on notice to the licensee, revoke
any license held by the licensee for cause. Without limiting the generality of the
foregoing, Council may suspend a license for:
a. Breach of the Criminal Code of Canada.
b. A violation of the provisions of this or any other By-Law of the Municipality.
Every person who applies for a license to operate as a Mobile Vendor under this By-law
shall apply to the Municipality with the form provided and be accompanied by the
required fee.
The proposed temporary structure or vehicle to be used shall meet the requirements of
all Municipal By-laws, the Ontario Fire Code and all other applicable law pertaining to its
intended use.(i.e. Highway Traffic Act)
The applicant at the time of making application for license shall furnish the Municipality
with true copies of all documents and approvals as required by applicable law in
connection with the operation as a Mobile Vendor, and shall be restricted to one non-
permanent structure or vehicle with a maximum floor area of 20m”, for the operation of
said business.
Application for license does not guarantee a license will be granted.
Every person licensed under this by-law, upon changing their address, shall give written
notice thereof to the Municipal Clerk within ten (10) days after such change, setting forth
their new address.
The provisions of this By-Law shall be enforced by the By-law Enforcement Officer or
designate who is designated by Council.
No person shall hinder or obstruct or attempt to hinder or obstruct an officer who is
exercising a power or performing a duty under this By-Law.
Every person who contravenes any provision of this By-Law is guilty of an offence and
upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O.
1990, c. P.33, as amended. (See Schedule “A’)
The cost of any action taken by the Municipality to ensure compliance with this or any
other By-law, shall be recoverable to the limits provided by law.
Any persons convicted of a breach of any of the provisions of this by-law by a Provincial
Court Judge or competent jurisdiction thereafter, shall be issued an order prohibiting the
continuation or repetition of the offence or the doing of any act by the person convicted
directed towards the continuation or the repetition of the offence. Also, in addition to any
other penalty, all recoverable costs shall also be imposed on the person convicted.
This By-Law repeals Municipality of Central Manitoulin By-Law 2012-11.
That this by-law shall come into effect on the first day of passing.
READ ‘ein SECOND AND THIRD TIME AND FINALLY PASSED
THIS a8
LZ
AY OF 2020.
Nn Biter Stephens, Sty Ruth Frawley, Clerk
I, + ut |, hy ya ley, Clerk of the Municipality of Central Manitoulin, hereby certify that the
foregoing is a true copy of By-Law 2020-13 passed by the Council of the Municipality of Central
Manitoulin on the 2 & day of _1\\ cy , 2020.
Clerk
5 _ |
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
NORTHEAST REGION
CABINET DU JUGE PRINCIPAL REGIONAL
COUR DE JUSTICE DE L'ONTARIO
REGION DU NORD-EST
159 CEDAR STREET 159, RUE CEDAR
3 FLOOR, SUITE 303 3° ETAGE, BUREAU 303
SUDBURY, ONTARIO P3E 6A5 SUDBURY (ONTARIO) P3E 6A5
TELEPHONE/TELEPHONE (705) 564-7624
FAX/TELECOPIEUR (705) 564-7620
PROVINCIAL OFFENCES ACT
Part |
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules
for the Ontario Court of Justice, that the amount set opposite each of the offences in the
schedule of offences under the Provincial Statutes and Regulations thereunder and
Municipal By-Law No. 2020-08, of the Municipality of Central Manitoulin, Manitoulin
District, attached hereto is the set fine for that offence. This Order is to take effect June
26", 2020.
Dated at the City of Greater Sudbury, this 12" day of June, 2020.
|
PATRICK BOUCHER
REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
Municipality of Central Manitoulin
Part I
Provincial Offences Act
Bylaw 2020-08
License Mobile Vendors
Schedule “A”
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision creating Set Fine
or defining offence
1 Failure to obtain license Section 1. $ 200.00
2 Operate between 8:00 p.m. and Section 6. $ 300.00
8:00 a.m.
3 Operate on property without consent Section 7. $ 200.00
4 Failure to procure Certificate from Section 8. $ 200.00
Medical Officer of Health
5 Failure to procure Certificate for Section 9. $ 200.00
Propane Compliance
6 Failure to display license Section 10. $ 100.00
7 Fail to notify change of address Section 16. $ 100.00
8 Obstruct or attempt to obstruct an Section 18. $ 500.00
Officer
NOTE: The penalty provisions for the offences indicated above is Section 19 of
Bylaw 2020-08, a certified copy of which has been filed. ,