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By-Law 32-2018 -Refreshment Vehicle
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THE CORPORATION OF THE TOWNSHIP OF GREATER MADAWASKA
BY-LAW 32-2018
Being a By-Law to regulate and license the operation of Refreshment Vehicles
in The Township of Greater Madawaska
WHEREAS Section 151(1) of the Municipal Act S.O. 2001, Chapter 25, authorizes a
Municipality to license businesses such as refreshment vehicles;
AND WHEREAS the Council of the Corporation of the Township of Greater Madawaska
deems it appropriate to enact a by-law to effect said purpose;
NOW THEREFORE the Council of the Corporation of the Township of Greater
Madawaska enacts as follows:
Section 1 - Authorization and Administration
1.1
Title
This by-law shall be known as the "Refreshment Vehicle By-law" of the
Corporation of the Township of Greater Madawaska.
1.2
Scope
The provisions of this by-law shall apply to all refreshment vehicles from which
refreshments are sold within the boundaries of the municipal corporation.
1.3
Violation and Penalties
Any person convicted of a breach of any of the provisions of this by-law shall be
liable to a fine not to exceed one thousand dollars ($1,000.00) exclusive of costs,
for each such offence, and every penalty shall be recoverable under the
Provincial Offences Act.
1.4
Effective Date
This by-law shall come into force and take effect immediately upon the passing
thereof.
1.5
Validity
Should any section, clause or provision of this by-law be held by a court of
competent jurisdiction to be invalid, the validity of the remainder shall not be
affected.
1.6
Administrator
This by-law shall be administered by the CAO of the Corporation of the Township
of Greater Madawaska.
1.7
Inspection
The CAO or designate of the Corporation acting under their direction may, at any
reasonable hour, inspect any vehicle licensed under this by-law, where there is
reason to believe that any provision of the by-law is being violated.
1.8
License
(a)
No person shall operate a refreshment vehicle without a valid license
issued by the Corporation of the Township of Greater Madawaska for
each such vehicle operated.
(b)
A license issued pursuant to the terms and conditions of this By-law shall
be valid only for the calendar year in which it is issued.
By-Law 32-2018 -Refreshment Vehicle
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(c)
The license fees to be paid at the time of application shall be one hundred
and seventy-five ($175.00) for refreshment vehicles, as herein defined.
(d)
Licenses shall not be transferrable.
(e)
Every person obtaining a license under this by-law shall keep said license
posted up in some conspicuous place on or in the vehicle for which the
license was issued and when requested produce the license for
inspection.
(f)
No person shall be granted or hold a license for the operation of a
refreshment vehicle unless he/she has, in writing, agreed to indemnify and
hold harmless the municipality, it's agents, servants, employees and
officials from any claims, actions or suits which might be brought against
the said person and the municipality arising out of the operation of the
refreshment vehicle in any manner whatsoever, or any error, negligence,
or omission of the person, his/her agents, servants or employees.
1.9
Application for License
Refreshment Vehicles - Each application for a license to operate a
refreshment vehicle including the renewal of such a license shall contain
the following:
(i)
Written notice from the Medical Officer of Health stating that the
vehicle for which the license is being sought complies with all
applicable health regulations.
(ii)
Written notice from the Fire Chief stating that the vehicle for which
the license is being sought and any proposed operating location
comply with all applicable fire regulations, codes and practices.
(iii)
The name and address of the vehicle owner.
(iv)
The name of the owner of the property or properties of which the
vehicle will operate.
(v)
A site plan for each proposed operating location of the vehicle
showing proposed vehicle location, all structures situated on the
property, and the distance between the vehicle and all such
structures and between the property lines.
1.10 Revocation of License
A license issued under this by-law may be revoked by the CAO or designate
where:
(i)
Written notice is received by the CAO or designate from the Medical
Officer of Health or the Fire Chief stating that the vehicle is operating
contrary to acceptable standards; or
(ii)
The licensee has been served notice of non-compliance with this by-law
by the CAO and has failed to take such action as deemed necessary
within twenty-one (21) days of the date of the notice; or
(iii)
The licensee has been served by the CAO or designate three (3) notices
of non compliance with this by-law during the period for which the license
was issued;
And the CAO or designate shall serve notice to the licensee of the impending revocation
at least fourteen (14) days prior to the proposed date of revocation, and the licensee or
his representative may appear before the CAO or designate to show cause why he
believes such license should not be revoked.
Section 2 - Definitions
The following definitions shall apply to the interpretation of this by-law:
2.1
"CAO" shall mean the CAO/Clerk Treasurer of the Corporation of the Township
of Greater Madawaska or his/her designate.
By-Law 32-2018 -Refreshment Vehicle
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2.2
"Corporation" shall mean the Corporation of the Township of Greater
Madawaska.
2.3
"Council" shall mean the Council of the Corporation of the Township of Greater
Madawaska.
2.4
"Fire Chief" shall mean the Chief of the Fire Department of the Township of
Greater Madawaska or his/her designate.
2.5
"License" shall mean a license issued under this by-law.
2.6
"Medical Officer of Health" shall mean the Medical Officer of Health for the
Renfrew County and District Health Unit or his/her subordinates to whom he/she
may delegate such authority from time to time.
2.7
"Mobile Canteen" shall mean a vehicle from which food and drink are dispensed
for consumption principally by persons at their place of employment throughout
the Township and not to the general public, and are not permitted.
2.8
"Operate" shall mean the act of selling, offering for sale, or other dispensing of
food or drink.
2.9
"Refreshment Vehicle" shall mean any vehicle, whether mechanically propelled
or otherwise, from which refreshments are sold for consumption by the general
public, but shall not include such vehicles used principally as canteens.
2.10 "Roadworthy" shall mean that the vehicle complies with the equipment and
performance standards prescribed by the Highway Traffic Act of Ontario.
2.11 "Served" shall mean by prepaid ordinary mail addressed to the address shown
on an application for a license or other address as requested by the owner in
writing to the CAO or designate.
2.12 "Setback" shall mean the perpendicular distance between the nearest lot line
and the vehicle and is synonymous with "minimum yard".
2.13 "Vehicle" shall mean an automobile or other motor vehicle, a motor home, a
trailer, or any other device which is capable of being drawn, propelled or driven
by any kind of power or anything that has been used in like manner but does not
include a bicycle or any other device powered solely by means of human effort.
Section 3 - Operation of Vehicle
3.1
Roadworthy Vehicles
All refreshment vehicles are required to be roadworthy, with current motor vehicle
license plates and capable of moving under their own power or by tow.
3.2
Zoning
Refreshment vehicles shall only be permitted to operate on private property in
commercial zones defined by a by-law of the Corporation and enacted under the
Planning Act and shall adhere to all applicable provisions therein including but
not limited to all the setback requirements for the zone in which it is situate.
3.3
Fire Hazard
Notwithstanding anything else in this by-law no refreshment vehicle shall operate
within any minimum distance of an existing structure as may be deemed
essential for fire safety by the Fire Chief.
By-Law 32-2018 -Refreshment Vehicle
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3.4
Municipal Parks
Notwithstanding Section 3.2 this by-law, a Mobile Canteen or Refreshment
Vehicle may operate on the following Municipal Park's with the approval of the
CAO or designate and for such a period as authorized by the CAO or designate.
Barnet Cottage Calabogie Community Centre
Heritage Point
Griffith Recreation Hall Property
Ginza Rink - Griffith
3.5
Special Occasions
Notwithstanding anything else in this by-law the CAO or designate may, in
writing, upon application by a licensee permit the operation of a refreshment
vehicle for a special occasion and may establish operating conditions which differ
from those of this by-law.
3.6
Operating Location of Refreshment Vehicle
The operating location of a refreshment vehicle must be approved by the CAO or
designate either at the time of application for a license, or prior to relocation and
written permission from the owner of the land on which the applicant proposes to
locate the Refreshment Vehicle must be submitted to the Township prior to
approval being granted.
3.7
Waste Management
The following operating regulations shall apply to all Refreshment Vehicles:
(i)
Each Refreshment Vehicle shall provide sufficient waste receptacles to
accommodate the volume of waste generated at the vehicle site.
(ii)
Each operator shall be responsible for ensuring that the general vicinity
around the Refreshment Vehicle is kept neat and clean always.
Section 4 - Offences
4.1 Operating without a License
No person shall operate a refreshment vehicle in the Township
of Greater Madawaska unless the owner has obtained a license
4.2 Failure to Display License
No person shall fail to display their refreshment vehicle License in a
conspicuous place at the site or vehicle to which it applies
4.3 Failure to Operate under Endorsed Name
No person shall promote or carry on business under any name other than the
Name endorsed upon the license.
4.4 Failure to Report Change of Information
No Person shall fail to report to the CAO or designate every change of name,
mailing Address and telephone number for each refreshment vehicle held, within
seven (7) days of the change.
4.5 Failure to Produce License
No person shall fail to produce their license and identification upon request.
4.6 Obstruction of CAO or designate
No person shall obstruct the CAO or designate from conducting an inspection,
or withhold, destroy, conceal or refuse to supply any information or item for an
Inspection.
4.7 Obstruction of Municipal By-Law Enforcement Officer
No person shall obstruct a Municipal By-Law Enforcement Officer from
Conducting an inspection, or withhold, destroy, conceal or refuse to
supply any information or item for an inspection.
By-Law 32-2018 -Refreshment Vehicle
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Section 5 - Penalties
5.1 Any person who contravenes any provision of this by-law shall be guilty of an
offence and shall be liable, upon conviction, to a fine for each offence in
accordance with Schedule "B" of this by-law.
5.2 Upon registering a conviction for the contravention of any provision of the
by-law, in addition to any other remedy and to the penalty imposed by the
by-law, the court in which the conviction has been entered and any court of
competent jurisdiction thereafter may make an order prohibiting the
continuation or repetition of the offence by the person convicted, pursuant to the
Municipal Act 2001, as amended.
READ a first and second time this 25th of June, 2018
READ a third time and passed this 25th of June, 2018
____________________________
__________________________
Glenda McKay
Allison Holtzhauer
Mayor
CAO Clerk/Treasurer
By-Law 32-2018 -Refreshment Vehicle
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SCHEDULE "A"
BY-LAW NO. 32-2018
SET FINES
Part 1, Provincial Offences Act
ITEM
Column 1
Short Form Wording
Column 2
Offence
Creating
Provision
Column 3
Set Fine
1.
Operating without a License
Section 4.1
$300
2.
Failure to Display License
Section 4.2 $200
3.
Failure to Operate under Endorsed Name
Section 4.3 $200
4.
Failure to report Change of Information Section 4.4 $200
5.
Failure to Produce License
Section 4.5 $200
6.
Obstruction of CAO or designate
Section 4.6 $300
7.
Obstruction of Municipal By-Law
Enforcement Officer
Section 4.7 $300
Note: The penalty provisions for the offences indicated above is Section 4 of
By-Law No. 32-2018, a certified copy of which has been filed.
Note: The general penalty provisions for the offences indicated above is Section 61
of the Provincial Offences Act, R.S.O. 2990, c. P.33.