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CORPORATION OF THE VILLAGE OF OIL SPRINGS
BY-LAW NUMBER 684 OF 2015
BEING A BY-LAW TO PROHIBIT THE SALE OR HIRE OF GOODS OR SERVICES BY
TRANSIENT TRADERS IN THE VILLAGE OF OIL SPRINGS
_______________________________
THE COUNCIL OF THE CORPORATION OF THE VILLAGE OF OIL SPRINGS HEREBY
ENACTS AS FOLLOWS:
WHEREAS Sections 150 (1) and (6) of the Municipal Act 2001, S.O. 2001, c.25, as
amended, provide that a local municipality may license, regulate and govern any
business wholly or partly carried on within the municipality, including the sale or
hire of goods or services on an intermittent or one-time basis and the activities of a
transient trader; and
WHEREAS Section 150 (8) provides that the power to license, regulate and govern a
business includes the power to prohibit the carrying on or engaging in the business
without a license; to refuse to grant or revoke or suspend a license; to fix an expiry
date for the license; and to impose conditions as a requirement of obtaining,
continuing to hold or renewing a license.
NOW THEREFORE the Council of The Corporation of the Village of Oil Springs enacts
as follows:
1.
No person shall operate a business, conduct any commerce or trade, or offer
for sale any goods or services on a temporary, intermittent or one time basis
on any road allowance, municipally owned property, private property on a
door to door basis, or other public space unless that trade or commerce is
eligible for a Business License or permit and such approval has been
obtained.
2.
For the purpose of this By-law "Transient Trader" includes any person(s)
commencing business within the Village of Oil Springs on any municipal road
allowance, or other public property, or on private property on a door to door
basis.
3.
The provisions of this By-law do not apply to the sale of personal contents of
a home or residence, such as a garage sale, yard sale or similar temporary
activity.
4.
Every Transient Trader vendor who is not eligible for a Business License
issued by the Village of Oil Springs is guilty of an offence and upon conviction
is liable to a fine of $200.00, plus costs incurred in enforcement, as shown by
Schedule 'A' to this by-law.
5.
This by-law shall be enforced by Village's By-Law Enforcement Officers
and/or the Ontario Provincial Police.
SPECIAL PROVISIONS
1. The Council of the Village of Oil Springs may, on an individual basis make
exemption and approve a Transient Trader business permit as shown by
Schedule 'B' to this by-law. If approved, the Transient Trader would be
subject to a fee as determined by Council based on the goods for sale and
the length of the business license to be granted, being no less than $100. If
approved the Transient Traders business license would be temporary and
would expire on a said date.
2. Charitable Organizations who canvass for contributions and support of their
organization are not considered a Transient Trader by the Village of Oil
Springs and therefore are not subject to this by-law.
PENALTY PROVISIONS
1. Any person who contravenes any portion of this By-Law is guilty of an
offence and upon conviction for such contravention, shall forfeit and be
liable to pay a a fine of $200.00, plus costs incurred in enforcement, and
costs associated therewith may be recovered under the provisions of the
Provincial Offences Act R.S.O. 1990, Chapter p-33, as amended.
GENERAL PROVISIONS
2. THAT the short form title of this By-law shall be the Transient Traders By-
law
3. THAT any By-Laws or provisions of By-Laws found to be inconsistent with the
provisions found in this By-Law shall be and are hereby repealed
(By-law #2 of 1927, By-law #3 of 1964, and By-law #245 of 1992).
4. THAT this By-Law go into force and effect upon the final passing thereof.
By-Law Read a First, Second and Third Time and Finally Passed this 7st day of July
2015.
_____________________________
Mayor
_____________________________
Clerk
THE CORPORATION OF THE VILLAGE OF OIL SPRINGS
BY-LAW NUMBER 684 OF 2015
Schedule A - SET FINE SCHEDULE
Part I Provincial Offences Act
Title: A BY-LAW TO PROHIBIT THE SALE OR HIRE OF GOODS OR SERVICES BY TRANSIENT
TRADERS IN THE VILLAGE OF OIL SPRINGS
NOTE: the general penalty provision for the offences listed above is section 61 of
the Provincial Offences Act, R.S.O. 1990, c P.33, as amended
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Offence Creating
Provision or
Defining Offence
COLUMN 3
Set Fine
1.
Operate as a Transient Trader without a licence
Sect 1
$ 200.00
THE CORPORATION OF THE VILLAGE OF OIL SPRINGS
Schedule 'B'
To By-law 684 of 2015
Transient Traders By-law
____________________________________________________________________
4591 Oil Springs Line
Oil Springs, ON N0N 1P0
519-834-2939
Email: [email protected]
Date: _____________________
TRANSIENT TRADERS PERMIT
(AS PER SECTION 1 BY-LAW 684 OF 2015)
Company Name:
__________________________________________________
Address:
__________________________________________________
____________________________________________________________________
Phone #:
________________
Duration: _______________________
Purpose:
__________________________________________________
____________________________________________________________________
How many representatives?: _________
The fee for this permit is $____________ as per direction of Council and the fee
shall be received in full prior to its issuance.
This permit shall be vaild until ___________________________.
Issued this, the ________ day of __________________ 20___.
_________________________
Jennifer Turk
Karen Cook
Clerk-Treasurer
Deputy Clerk-Treasurer
Village of Oil Springs
Village of Oil Springs