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THE MUNICIPALITY OF NORTH PERTH
BY-LAW 95-2015
A By-law respecting the issuing of Licences
within the Municipality of North Perth
WHEREAS the Council of the Municipality of North Perth has the authority to
enact a by-law respecting the issuing of licenses pursuant to The Municipal Act,
S.0. 20017, c25, S.150 as amended,
THEREFORE THE COUNCIL OF THE MUNICIPALITY OF NORTH PERTH
ENACTS AS FOLLOWS:
1.
(a)
(b)
(c)
(9)
(h)
INTERPRETATION
For the purpose of this By-law the following terms shall have the
corresponding meanings:
“Agricultural Farmers Market” means a venue for locally grown and/or
manufactured agricultural products, including, but not limited to, foodstuffs,
handicrafts, artwork or locally generated services.
“Applicant” means any Person whose name appears as the applicant on
any Licence application form received by the Municipality;
“By-law” means this By-law and any amendments thereto including all
Schedules forming any part of this By-law and any amendments thereto;
“Clerk” means the Clerk of the Municipality of North Perth or his or her
designate;
“Council” means the Council of the Municipality of North Perth;
“Flea Market” means a show which:
(i) has more than 1 vendors selling their own merchandise; or
(il) has a non-refundable admission fee; or
(iii) is held in a public hall which is assessed for commercial property tax
or a Municipal-owned facility which is licensed as a Public Hall.
“Highway” includes a common and public Highway, street, road, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, 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;
“Inspector” means any Municipal employee or other person authorized by
the Municipality to carry out inspections under and to enforce the provisions
of this By-law;
“License” means the official document issued by the Municipality under
the provisions of this By-law bearing the signature of the Clerk authorizing a
Person to conduct, operate or carry on any of the trades, businesses or
occupations listed in Schedule “A” to this By-law;
“Licensee” means any Person licensed under this By-law;
“Municipality” means the Municipality of North Perth.
(m)
(n)
(0)
“Person” includes a corporation, organization, association and a
partnership and the heirs, executors, administrators and other legal
representatives of a person to whom the context can apply according to
law;
“Retail Exhibition” means a show which:
0) has 10 or more vendors selling their own merchandise; or
(i) is held in a public hall, hotel or shopping mall; or
(iii) is held for short periods of time and not on a regular or weekly basis.
“Schedule” means all regulations attached to and forming part of this By-
law including any amendments thereto; and
“Trade Show” means a show or exhibition organized to be held in a facility
with regulated admittance.
LICENCES REQUIRED
(a) No person shall carry on any of the following trades, businesses or
occupations in the Municipality of North Perth as set out in
Schedules “A” and “B” to this By-law, without a Licence to do so
issued by the Municipality:
(i) Food Vehicle including but not limited to a Chip Wagon,
Mobile Barbeque Facility, Refreshment Vehicle, Refrigerated
Bicycle Cart;
(il) Transient Trader (Annual); and
(iii) | Transient Trader (One Day)
(0) No person shall carry on any of the following events without a
license to do so issued by the Municipality:
(i) Agricultural Farmers Market;
(ii) Flea Market;
(iii) Retail Exhibition; or
(iv) Trade Show.
(c) No License issued under this By-law shall be valid unless all
applicable fees, as set out in the North Perth Fees and Licenses By-
law are paid in full.
EXEMPTIONS
No License shall be required for the selling of goods, wares or merchandise
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.
APPLICATION FOR LICENCE
(a) No licence shall be issued to any Applicant under the age of 18
years without the written consent of the parent or guardian.
(b) Every application for a Licence under this By-law shall be made in
writing and shall be accompanied by the applicable Licence fee, and
proof of age if requested by the Clerk.
PAGE 2
10.
11.
LICENCE FEES
Every Licence issued under this By-law, unless the same shall be revoked
in accordance with Section 14 hereof, shall only be in effect for the
calendar year in which it is issued and shall expire on the 31st day of
December next following the date of issue and a new Licence shall be
required for each calendar year thereafter.
PROOF OF INSURANCE
Every Licensee shall keep in full force and effect during the term of the
Licence general liability insurance in connection with the trade, business or
occupation licensed in the minimum amount of $2,000,000.00 and proof of
such insurance shall be provided upon demand to the Clerk or an
inspector.
PARTNERSHIPS
Where two or more persons carry on or engage in partnership in any of the
trades, businesses or occupations set forth in any of the Schedules forming
part of this By-law, the Licence may be issued in the name of one partner
only, but when the application for Licence is made, the name and address
of each member of the partnership shall be set out therein and all such
partners shall be jointly and severally liable for compliance with the terms of
the Licence and this By-law.
ISSUE OF LICENCE
Every Licence issued in accordance with this By-law shall be issued in the
name of the Municipality by the Clerk.
LICENCE NOT TRANSFERABLE
Every Licence issued under this By-law shall be personal to the holder
thereof and shall not be transferable or assignable from Person to Person
or location to location and no Licensee shall advertise or promote or carry
on business under any name other than the name endorsed upon the
Licence issued to the Licensee.
DISPLAY OF LICENCE
(a) Every Person issued a Licence under this By-law, where such
Licence is applicable to a particular premises, shall ensure that said
Licence is posted on the premises in a conspicuous place clearly
visible to the public at all times while the Licence is in effect.
(b) Every Person issued a Licence under this By-law, where such
Licence is not applicable to a particular premises, shall ensure that
the Licence is in the Licensee’s possession at all times while
engaged in the business for which the Licence was issued and such
Person shall produce such Licence upon request of the Clerk or an
inspector.
COMPLIANCE WITH OTHER LAWS REQUIRED
The issuance of a Licence under this By-law does not permit or condone
the violation of any other law, statute or other regulation in effect in the
PAGE 3
12.
13.
14,
15.
16,
Municipality of North Perth, the Province of Ontario or the Dominion of
Canada.
GROUNDS FOR REFUSAL TO ISSUE OR RENEW A LICENCE
The Clerk may refuse to issue or renew a Licence where:
(a) the fees due in respect of such Licence have not been paid in full,
(b) the application or any documents requisite to the Licence being
issued have not been completed or have been completed incorrectly
or have not been provided to the Clerk; or
(c) the Applicant or Licensee is carrying on an activity that is, or will be,
if the Applicant is licensed, in contravention of this By-law or any
other law, statute or other regulation;
(d) the grounds set out in Section 150(11) of The Municipal Act, 5.0.
2001, c. 25, as amended, are applicable, in the opinion of Council; or
(e) the Applicant or Licensee has ever been convicted of an offence
under any provisions of this By-law.
The Clerk shall provide in writing the particulars for refusing to issue or
renewing a license and information regarding the Appeal Process as
outlined in Section 17 to this By-law.
REFUND OF FEE ON REFUSAL TO ISSUE OR RENEW A LICENCE
When the Clerk refuses to issue or renew a Licence, the Licence fee paid
for such issuance or renewal shall be fully refunded.
ISSUANCE OR RENEWAL OF LICENCE ON TERMS AND CONDITIONS
Notwithstanding any other provision of this By-law, the Clerk may issue a
Licence or renew a Licence subject to such terms and conditions as in the
opinion and discretion of the Clerk are necessary or appropriate to give
effect to this By-law.
THE CLERK’S POWER TO REVOKE, SUSPEND OR CANCEL A
LICENCE
The Clerk may revoke, suspend or cancel a Licence:
(a) where the Licensee would be disentitled to a Licence for any of the
reasons set out in Section 11 of this By-law;
(b) | when the Licensee is convicted of an offence under any provision of
this By-law; or
(c) where the Licensee is not in compliance with any of the provisions of
this By-law.
REFUND OF FEE ON REVOCATION OF LICENCE
When a Licence is revoked, suspended or cancelled under Section 14 of
this By-law, the Licensee is entitled to a refund of that part of the Licence
PAGE 4
17.
18.
19
fee which is proportionate to the unexpired part of the term for which the
Licence was issued.
REVOKED, SUSPENDED OR CANCELLED LICENCES TO BE
RETURNED
(a)
(b)
When a Licence has been revoked, suspended or cancelled, the
holder of the Licence shall return the Licence to the Clerk by the next
business day following receipt of the written notice of the decision of
the Clerk.
When a Licensee has had his or her Licence revoked, suspended or
cancelled, the Licensee shall not refuse to return the Licence or shall
not in any way obstruct or hinder the Clerk or an Inspector from
obtaining the Licence.
APPEAL PROCESS
(a)
(0)
(c)
(d)
(€)
(f)
(g)
The Clerk shall provide in writing to the Applicant or Licensee the
particulars for refusing to issue, refusing to renew a license or
revoking, suspending or cancelling a license including information
regarding the Appeal Process as outlined in Section 17 to this By-
law.
When an Applicant or Licensee is not entitled to a License as set out
in Sections 11, 13 and 14 of this By-law, the Applicant or Licensee
may appeal this decision and request a hearing to the Council of the
Municipality of North Perth, within 14 days of the decision.
Upon receipt of a written request from an Applicant or Licensee for a
hearing, the Clerk shall provide the Applicant or Licensee with
written notice of the date, time and location of the hearing and such
notice shall be provided at least twenty days prior to such hearing.
The provisions of the Statutory Powers and Procedures Act, R.S.O.
1990, Chapter S.22, or any successor thereof, shall apply to all
hearings conducted by Council under this By-law.
If the Applicant or Licensee who has been sent notice of the hearing
does not appear at the appointed time and place of the hearing,
Council may proceed with the hearing in the absence of the
Applicant or Licensee.
Council may uphold or vary the recommendation of the Clerk or do
any act or make any decision and the Applicant or Licensee shail not
be entitled to any further hearing on the matter before Council and
the decision of Council shall be final.
The Council of the Municipality of North Perth may, by Resolution,
delegate the holding of the aforesaid Hearing to a Committee of
Council.
INSPECTIONS
(a)
No person who has or is required to have a Licence under this By-
law shall obstruct or hinder or permit the obstruction or hindrance of
any inspection under this By-law.
PAGE 5
20.
21.
22.
23.
24.
(bo) The Clerk or an Inspector may at any reasonable time enter upon
and inspect any premises in respect of which an application has
been made for a Licence or for which a Licence has been issued
under this By-law.
SIGNS
(a) Only one sign is used in association with any sale, except where a
sale is conducted on a corner property, a maximum of two signs may
be used with no more than one sign abutting each Highway;
(b) Every sign used is a freestanding, portable sign constructed of a
wood, metal or other rigid material in accordance with the North
Perth Sign By-law.
(c) The location of every sign to be used in conjunction with the sale is
illustrated on the Site Plan; and
(d) Every sign used is located wholly on the property on which the sale
is being conducted in accordance with Section 6 of this Schedule
and is at least 3.0 metres away from any shoulder of a Highway or
property line of a road allowance.
(e) Signage in contravention to this by-law shall be subject to
confiscation without notice by Municipality of North Perth Staff or any
other designated person and a fee of $50.00 per sign shall be
applicable
SPECIFIC PROVISIONS SET OUT IN SCHEDULES
In addition to the provisions of this By-law, every holder of a Licence shall
comply with the specific provisions and regulations set out in the Schedules
attached hereto and forming part of this By-law, as the same may be
amended from time to time, which are applicable to the trade, business or
occupation being conducted, operated or carried on by the Licensee
pursuant to the Licence.
OFFENCE
Every Person who contravenes any provision of this By-law or any
Schedule to this By-law is guilty of an offence.
PENALTIES
Every Person who is convicted of an offence under any provision of this By-
law or any Schedule to this By-law shall be liable to a penalty as set out in
Section 61 of The Provincial Offences Act, R.S.O. 1990, Chapter P.33, or
any successor thereof.
ULTRA VIRES
It is hereby declared that notwithstanding that any section of this By-law, or
parts thereof, may be found by any court of law to be invalid or beyond the
power of the Council to enact, such section or sections or parts thereof
shall be deemed to be severable and that all other sections or parts of this
By-law are separate and independent therefore and enacted as such.
PAGE 6
25. CONELICT
In the event of a conflict between any provision of this By-law and any other
By-law in effect in the Municipality of North Perth or with any other law,
statute or regulation applying to the Municipality, the more restrictive
requirement shail apply.
26. REPEAL
By-law No. 91-AD-1998 as amended by 127-AD-2000 and By-law No. 54-
2006, are hereby repealed.
READ A FIRST AND SECOND TIME this 6" day of July, 2015.
READ A THIRD TIME AND FINALLY PASSED this 6'" day of July, 2015.
PAGE 7
MUNICIPALITY OF NORTH PERTH
SCHEDULE “A” to BY-LAW NUMBER 95-2015
FOOD VEHICLES
For licensing, regulating and governing vehicles
from which food items and refreshments
are sold or offered for sale to the public for consumption by the public
INTERPRETATION
1. In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings for the purposes of this
Schedule:
(a) “Arterial Road” means any Highway with markings identifying more
than two traffic lanes:
(b) “Chip Wagon” means either a mobile or immobile vehicle either
mounted on blocks or supported by a conventional wheel, tire and
axle system from which food items such as french fries, burgers, hot
dogs, popcorn, potato chips, chocolate bars, nuts and non-alcoholic
beverages are offered for sale or sold to the public;
(c) “Egod Vehicle” means a Chip Wagon, Mobile Barbecue Facility,
Refreshment Vehicle or Refrigerated Bicycle Cart;
(d) “Grocery Item” means food and household supplies normally sold
at a store.
(e) “Mobile Barbecue Facility” means an open-air barbecue affixed to
a cart which is on wheels or is capable of being moved from place to
place by a person on which food is prepared and sold or offered for
sale to the public.;
(f) “Public Park” means a recreational area for public use that is
owned or controlled by the Municipality.
(g) “Refreshment Vehicle” means a vehicle or other itinerant food
premise from which pre-packaged food and grocery items are
offered for sale or sold and from which no food is prepared except
hot beverages;
(h) “Refrigerated Bicycle Cart” means a manually propelled itinerant
tricycle vehicle from which ice-cream, ice-cream cones, ice milk and
other iced confectionery food items are offered for sale or sold to the
public;
(i) “Site Plan” means a drawing of a site which includes all applicable
measurements of the Food Vehicle and the surrounding area within
100 metres of the site and on which all buildings and structures,
Highways, driveways or other landmarks are indicated; and
(j) “Vehicle” shall have the same meaning as set out in the Highway
Traffic Act, R.S.O. 1990, Chapter H.8
PAGE 8
APPLICATION OF SCHEDULE
2. In addition to all other provisions of this By-law, the provisions of this
Schedule shall apply in respect of Food Vehicles.
LICENCE REQUIRED
3. No Person shall operate or permit the operation of any Food Vehicle within
the Municipality of North Perth without a Licence to do so issued by the
Municipality.
GENERAL PROVISIONS
4. (a) In addition to the specific requirements set out herein, this Section
shall apply to all persons operating a Food Vehicle within the
Municipality.
(b) No person shall operate a Food Vehicle in any Public Park at any
time wherein such Public Park a concession stand or booth is
situated.
(c) Every Licensee of a Food Vehicle shall ensure that every sign
affixed to or used in conjunction with the Food Vehicle complies with
any Municipality sign by-laws or County of Perth sign by-laws.
(d) Every Licensee of a Food Vehicle shall supply a refuse container for
his or her Food Vehicle to the satisfaction of the Municipality and the
Licensee shall ensure that:
(i) such refuse container is maintained in a position immediately
adjacent to the Food Vehicle at all times;
(ii) all refuse generated from the operation of the Licensee's
Food Vehicle is contained in such refuse container; and
(iii) all refuse generated from the Licensee’s Food Vehicle is
disposed of in accordance with the Municipality’s by-laws; and
(iv) the adjoining area is kept in a clean, sanitary and attractive
condition.
(e) Every Licence issued shall expire on December 31% in the year
issued.
DISPLAY OF LICENCE
5. Every Licensee of a Food Vehicle shall ensure that the Licence is affixed to
the Food Vehicle in a conspicuous place clearly visible to the public at all
times while the Food Vehicle is in operation.
APPLICATION FOR LICENCE
6. (a) Every Applicant for a Licence to operate any Food Vehicle shail
submit to the Clerk:
(i) a letter from the owner of every property on which the Food
Vehicle may be situated authorizing the Applicant to conduct
such business from the property; and
(ii) a Site Plan to be approved by the Clerk and no Licence shall
be issued until the Site Plan is approved.
PAGE 9
(ii) signed evidence of inspection, from a qualified propane fitter,
that any propane-fuelled appliances installed on the vehicle
comply with “The Ontario Propane Code”
(iv) proof of inspection of the Food Vehicle by the local Fire Chief
and the local Medical Officer of Health
(b) Every Applicant for a Licence to operate any Refrigerated Bicycle
Cart or Mobile Barbecue Facility shall provide to the Clerk the serial
number of each Refrigerated Bicycle Cart or Mobile Barbecue
Facility to be used.
CHIP WAGONS
7. (a) Every Person operating a Chip Wagon shall ensure that only food
items such as french fries, burgers, hot dogs, popcorn, potato chips,
chocolate bars, nuts and non-alcoholic beverages are offered for
sale or sold from the Chip Wagon.
(bo) No person shall locate or operate a Chip Wagon within the
Municipality except on privately owned property with a Commercial
zoning and no person shall locate or operate a Chip Wagon:
(i) on any Highway;
(ii) within 6.5 metres of any corner of any intersection;
(iii) within 6.5 metres of any Highway;
(iv) within 25 metres of any restaurant or any other Chip Wagon
(v) within 50 metres of any fuel filling station
(c) No person shall operate a Chip Wagon that occupies an area
greater than 40 square metres.
(d) Every Applicant shall submit with the application the licensing fee as
set out in the North Perth Fees and Licenses By-law.
MOBILE BARBEQUE FACILITY
8 (a) Every Licensee of a Mobile Barbecue Facility shall ensure that:
(i) only the Mobile Barbecue Facility identified by serial number
on the Licence is operated:
(ii) the Mobile Barbecue Facility is only operated at the location
set out on the site plan submitted to the Clerk as required by
clause 6 (a)(ii) of this Schedule; and
(iii) | such Mobile Barbecue Facility is maintained in good repair.
(b) Every person operating a Mobile Barbecue Facility shall ensure that
only the food which is prepared on the barbecue of such Mobile
Barbecue Facility, together with condiments, buns, and non-alcoholic
beverages are sold or offered for sale from such Mobile Barbecue
Facility.
(c) No person shall locate or operate a Mobile Barbecue Facility:
(i) on any Highway;
(ii) within 6 metres of any corner or intersection;
(iii) | within 6 metres of any Highway;
(iv) within 25 metres of any restaurant or any other Food Vehicle
or any street vendor as set out in this By-law;
PAGE 10
(v) within 50 metres of any fuel filling station
(vi) when such Mobile Barbecue Facility occupies an area greater
than 2.5 square metres;
(vii) in any manner or at any place where pedestrians are in any
way obstructed or impeded from entering or exiting any
building or structure on the property on which such Mobile
Barbecue Facility is located;
(viii) on any property where, due to the area occupied by the
Mobile Barbecue Facility, the minimum parking space
requirement for such property is not in compliance with the
Municipality's zoning by-laws; or
(ix) on any property without first obtaining or having in place the
required zoning for such use of the property.
(d) Every Applicant shall submit with the application the licensing fee as
set out in the North Perth Fees and Licenses By-law.
REFRESHMENT VEHICLE
9. (a) | No person shall offer for sale any goods from a Refreshment Vehicle
on any Highway in the Municipality
(b) Every Licensee of a Refreshment Vehicle shall ensure that only
prepackaged food and grocery items are offered for sale or sold from
the Refreshment Vehicle and that no food is prepared therein except
hot beverages and that no food item is offered for sale or sold from
the Refreshment Vehicle:
(i) At any location other than industrial or commercial
establishments or to workers on a construction site;
(i) To the general public; and
(iii) | Unless such food item is pre-packaged in individual servings
and the date of preparation of the food item is clearly
displayed on the package.
(c) Every Licensee of a Refreshment Vehicle shall ensure that the
Refreshment Vehicle does not remain in any particular location for
the purpose of offering food items for sale, for more than 2 hours.
(d) Every Applicant shall submit with the application the licensing fee as
set out in the North Perth Fees and Licenses By-law.
REFRIGERATED BICYCLE CART
10. (a) Every Licensee of a Refrigerated Bicycle Cart shall ensure that:
(i) only ice cream, ice cream cones, ice milk and other iced
confectionery products are offered for sale or sold from the
Refrigerated Bicycle Cart:
(ii) all food items offered for sale or sold from said Refrigerated
Bicycle Cart are individually wrapped;
(iii) the Refrigerated Bicycle Cart is equipped with a soft toned
bell or chime in proper working order;
(iv) the Refrigerated Bicycle Cart is not operated on any Arterial
Road within the Municipality unless such Arterial Road has a
separate bicycle lane clearly identified for the accommodation
of bicycle traffic.
(b) No Licensee of a Refrigerated Bicycle Cart shall employ or allow
anyone under the age of 15 years to operate the Refrigerated
Bicycle Cart.
PAGE 11
(c) Every Applicant shall submit with the application the licensing fee as
set out in the North Perth Fees and Licenses By-law.
(d) Section 6 (a)(ii) of this Schedule shall not apply to an application for
a Licence for a Refrigerated Bicycle Cart.
EXEMPTIONS
10.
(a) Notwithstanding Section 3(a) of this By-law, a Licensee of a Food
Vehicle shall be permitted to operate in a Public Park in conjunction
with and during a special event provided written approval has been
obtained from the Municipality in advance.
(b) The provisions of this By-law and Schedule shall not apply to Mobile
Barbecue Facilities operated in connection with a charitable fund-
raising event, or a community event held on Municipality property, or
where written approval has been obtained from the Municipality in
advance.
INSPECTIONS
12.
In addition to Section 18 of this By-law, every person who operates a Food
Vehicle shall not obstruct or hinder or permit the obstruction or hindrance of
any inspection of the Food Vehicle by the local Medical Officer of Health or
by any other inspector.
PAGE 12
MUNICIPALITY OF NORTH PERTH
SCHEDULE “B” to BY-LAW NUMBER 95-2015
TRANSIENT TRADER
For licensing, regulating and governing transient traders
INTERPRETATION
1. In addition to the terms defined in Section 1 of this By-law, the following
terms shall have the corresponding meanings for the purposes of this
Schedule:
(a) “Site Plan” means a drawing of a site which includes all applicable
measurements of the selling area and the surrounding area within
100 metres of the site and on which all buildings and structures,
Highways, driveways or other landmarks are indicated; and
(b) “Transient Trader’ is a person who goes from place to place, or to a
particular place, with goods, wares or merchandise for sale, or who carries
and provides samples, patterns or examples of any goods, wares or
merchandise
APPLICATION OF SCHEDULE
2. In addition to all other provisions of this By-law, the provisions of this
Schedule shall apply in respect of Transient Traders.
LICENCE REQUIRED
3. (a) No person shall operate as a Transient Trader within the Municipality
without a Licence to do so issued by the Municipality.
(b) An annual or monthly licence may be purchased subject to the
provisions of this By-law.
EXEMPTIONS
4, This Schedule does not apply to the sale of goods or produce which have
been grown in the Municipality and are being sold or offered for sale by the
grower on his or her own property.
APPLICATION FOR LICENCE
5. (a) Every Applicant for a Transient Trader’s Licence shall submit to the
Clerk:
(i) a letter from the owner of the property on which the sale is to
take place authorizing the Applicant to conduct such a sale
from the property; and
(ii) a Site Plan of the sale location to be approved by the Clerk;
and
(iii) a statement in writing containing a full description of the
goods, wares or merchandise that the Applicant proposes to
sell or offer for sale under such Licence.
PAGE 13
(b) Every Applicant shail submit with the application the licensing fee as
set out in the North Perth Fees and Licenses By-law
SALE LOCATIONS PROHIBITED
6. (a) No Transient Trader shall conduct a sale on any Highway or road
allowance within the Municipality of North Perth.
(b) No Transient Trader shall conduct a sale within 300 metres of any
other existing business when the goods, wares or merchandise
being sold or offered for sale are substantially the same as those
being offered for sale by the other existing business.
(c) No Transient Traders using a sidewalk from which to sell or offer for
sale goods, wares or merchandise shall operate in such a manner
as to obstruct such sidewalk or interfere with the normal use of such
sidewalk by pedestrians.
PAGE 14
ONTARIO COURT OF JUSTICE
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. 95-2015, of the Municipality of
North Perth, attached hereto are the set fines for those offences. This Order is to
take effect October 26, 2015.
Dated at London this 26th day of October 2015.
Stephen J. Fuerth
Regional Senior Justice
West Region
THE MUNICIPALITY OF NORTH PERTH
BY-LAW 95-2015
A BY-LAW RESPECTING THE ISSUING OF LICENSES WITHIN THE MUNICIPALITY OF
NORTH PERTH
Part | — Provincial Offences Act
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating Set Fine
or Defining Offence
1. Carrying out a Business without a Licence 2(a) $350.00
2. Operating Food Vehicles in Park at a prohibited time Schedule A $350.00
4(b)
3. Operating a Chip Wagon in a prohibited location Schedule A $350.00
7(b)
4. Operating a Mobile Barbecue Facility in a Prohibited location Schedule A $350.00
8(c)
5. Operating a Refreshment Vehicle on a highway Schedule A $350.00
9(a)
6. Operating a Refreshment Vehicle at a location other than commercial/industrial Schedule A $350.00
9(b)
i Conducting a sale on highway/road allowance Schedule B $350.00
6(a)
8. Conducting a sale within 300m of existing business Schedule B $350.00
6(b)
9, Conducting a sale - obstructing sidewalk/pedestrians Schedule B $350.00
6(c)
Note the general penalty provision for the offences listed above is section 23 of bylaw 95-2015, a certified copy of which has been filed, and section 61 of the Provincial
Offences act, R.S.O. 1990, c.P.33, as amended.
14834174.1
THE MUNICIPALITY OF NORTH PERTH
BY-LAW 95-2015
A BY-LAW RESPECTING THE ISSUING OF LICENSES WITHIN THE MUNICIPALITY OF
NORTH PERTH
Part | — Provincial Offences Act
ITEM COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating Set Fine
or Defining Offence
1. Carrying out a Business without a Licence 2(a)
2 Operating Food Vehicles in Park at a prohibited time Schedule A
4(b)
3. Operating a Chip Wagon in a prohibited location Schedule A
7(b)
4. Operating a Mobile Barbecue Facility in a Prohibited location Schedule A
8(c)
5. Operating a Refreshment Vehicle on a highway Schedule A
9(a)
6. Operating a Refreshment Vehicle at a location other than commercial/industrial Schedule A
9(b)
7. Conducting a sale on highway/road allowance Schedule B
6(a)
8. Conducting a sale within 300m of existing business Schedule B
6(b)
9. Conducting a sale - obstructing sidewalk/pedestrians Schedule B
6(c)
Note the general penalty provision for the offences listed above is section 23 of bylaw 95-2015, a certified copy of which has been filed, and section 61 of the Provincial
Offences act, R.S.O. 1990, c.P.33, as amended.
14834174.1