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As amended by By-laws 84-2018, 43-2021 and 127-2022
By-law 33-92
of The Corporation of the City of Oshawa
being a by-law to provide for the prevention of obstructions upon Highways in the City of Oshawa.
Whereas section 230(1)1 of the Municipal Act authorizes a Municipality to license,
regulate and govern persons who go to a particular place with goods, wares or merchandise for
sale;
And whereas section 315(1) of the Municipal Act authorizes a Municipality to prohibit or
regulate the obstruction or encumbering of highways;
Be it enacted and it is hereby enacted as a by-law of The Corporation of the City of
Oshawa by the Council thereof as follows:
Part I: Definitions
1.1
This by-law may be cited as "The Highway Vending By-law".
1.2
In this by-law, the following terms shall have meanings as indicated in this section:
a) "approved authority" means the City, the Region, Ontario Hydro, Bell Canada, Oshawa
Public Utilities Commission, Consumers Gas, or any other agency which has the approval
of the city or the region to utilize the highway or any part of the highway. Where the context
so requires the term "approved authority" includes members of the staff or council of such
agency.
b) "articles" means goods, paraphernalia, articles of trade, commodities, merchandise, wares,
foodstuffs, confections, and any other items or products of any kind. (43-2021)
c) "articles for distribution" means articles held by a person for subsequent sale or distribution
to another person, and includes any structures or apparatus used to display the articles.
(43-2021)
d) "articles for sale" means articles held by a person for subsequent sale to another person,
and includes any structures or apparatus used to display the articles. (43-2021)
e) "boulevard" means all the parts of the highway save and except any portion improved for
the purpose of the passage of vehicular traffic, and the sidewalk.
f) "city" means The Corporation of the City of Oshawa and, where the context so implies,
members of its staff and council.
g) "clerk" means the clerk of the city, or the deputy clerk acting in place of the clerk of the city.
h) "council" means the council of the city.
i) "director" means the director of public works of the city, or their designate. (43-2021)
j) "highway" shall mean a common and public highway, street, avenue, parkway, driveway,
square, place, bridge, viaduct or trestle, designed and intended for, or used by, the general
public for the passage of vehicles or persons, whether under the jurisdiction of the region
or the city, and including any surface, grassed area, boulevard, ditch, curb, gutter, and
sidewalk within the lateral property lines of the highway. For the purposes of this by-law,
the term "highway" shall be deemed to include bicycle paths or walking trails maintained
by the city for the use of the public, and all parking lots, parking spaces and parking garages
owned or operated by the City.
k) "officer" includes a police officer or police constable or other person employed for the
preservation and maintenance of the public peace or for the service or execution of civil
process; and includes a person assigned the responsibility of administering and enforcing
this by-law, and all persons acting under their instructions. (43-2021)
l) "Oshawa" means the geographical area comprised of land, air and water, which exists
within the Regional Municipality of Durham in the Province of Ontario, and is commonly
referred to as the City of Oshawa.
m) "pedestrian" means a person on foot or in a wheelchair, baby carriage, or similar device.
(43-2021)
n) "person" includes an individual, a sole proprietorship, a partnership, an unincorporated
association, a trust, a body corporate, and a natural person, and "persons" has a
corresponding meaning.
o) "Region" means the Regional Municipality of Durham, and, where the context so implies,
members of its staff and council.
p) "sidewalk" means all such parts of a highway as are set aside by the city for the use of
pedestrians.
Part II: Vending on Highways
2.1
Offence: Subject to section 2.4, it shall constitute an offence for a person to place one or
more articles for distribution upon any highway in Oshawa. (43-2021)
2.2
Offence: It shall constitute an offence for a person to hang or expose any articles for
distribution from any house, store, shop, warehouse or other building so that the same
shall project over any portion of a highway in Oshawa. (43-2021)
2.3
Offence: It shall constitute an offence for a person to affix or hang articles for distribution
to or from any posts, poles or fixtures located on the highway in Oshawa which posts,
poles or fixtures are the property of an approved authority. (43-2021)
2.4
Exemptions: The provisions of section 2.1 shall not apply:
i.
to interfere with the use of a portion of a highway for a reasonable time for the
taking in or delivery of articles for sale;
ii.
to prevent a farmer or market gardener selling goods from a place of business or
a residence adjacent to the highway; or
iii.
to prevent community events such as "sidewalk sales" which have been approved
through the issuing of a special events permit by the city, or otherwise exempted
by council.
iv.
to prevent the sale on a highway of an article for sale that is authorized by a licence
issued pursuant to Schedule "L" of the City's Licensing By-law 120-2005, as
amended.
2.5
Seizure: An officer who observes a violation of sections 2.1, 2.2 or 2.3 of this by-law shall
request that the person attending the articles for distribution remove them from the
highway or from over the highway. In the event that the person refuses to move the articles
for distribution, or in the event that the articles for distribution are unattended, the officer
may, in addition to any other penalties, and without prior notice, remove the articles for
distribution. The lawful owner of the articles for distribution seized pursuant to this section
may retrieve them within seven days of the seizure upon proof of ownership and upon
reimbursing the city for any expenses incurred for removal and storage. Any articles for
distribution seized pursuant to this section may be disposed of by the city if not claimed
within seven days. The city shall not be responsible for any loss or damage to articles for
distribution seized pursuant to this section. (43-2021)
2.6
Easement: Any approved authority may have occasion to enter on the sidewalk upon
which articles for distribution are situated pursuant to the provisions of section 2.4 of this
by- law, for installation and maintenance of cables or any other services. The approved
authority may request that the person with care and control of articles for distribution move
forthwith. If no person with care and control of articles for distribution can be located, or if
such person fails or refuses to move the articles for distribution, the approved authority
may seize the articles for distribution as is he or she were an officer acting pursuant to
section 2.5, or move or arrange to have moved the articles for distribution at the expense
of the person or proprietor of the business which owns the articles for distribution. All costs
associated with the moving and/or storage of the articles for distribution in accordance
with this section may be collected from the person or proprietor of the business which
owns the articles for distribution. In the event that any articles for distribution must be
moved or stored pursuant to this section, the city shall not be held responsible for any
damage to the articles for distribution. (43-2021)
Part III: Penalties upon Conviction
3.1 Every person who is convicted of an offense pursuant to the provisions of this by-law
shall be liable to the penalties imposed pursuant to the Provincial Offences Act, R.S.O.
1980, c. 400, as amended, including all successor legislation.
3.2 No Person shall fail to comply with any provision or standard of this By-law. (127-2022)
3.3
Administrative Penalty Process By-law 63-2013 applies to each administrative penalty
issued pursuant to this By-law. (127-2022)
3.4
Each Person who contravenes any provision of this By-law shall, upon issuance of a
penalty notice in accordance with Administrative Penalty Process By-law 63-2013, be
liable to pay to the City an administrative penalty. If a Person receives a penalty notice in
accordance with the City's Administrative Penalty Process Bylaw for a contravention of
this By-law, and the Person has not received a penalty notice for the same contravention
within one (1) calendar year or less, the Person shall be liable to pay to the City a tier one
(1) administrative penalty amount for that contravention in the amount of $250. If a Person
receives an additional penalty notice for the same contravention of the By-law within one
(1) calendar year or less from the date of the penalty notice containing a tier one (1)
administrative penalty amount, the Person shall be liable to pay to the City a tier two (2)
administrative penalty amount for that contravention in the amount of $350. If the Person
receives a subsequent penalty notice for the same contravention of the By-law within one
(1) calendar year or less from the date of the penalty notice containing a tier two (2)
administrative penalty amount, the Person shall be liable to pay to the City a tier three (3)
administrative penalty amount for that contravention in the amount of $450. If the Person
receives any subsequent penalty notices for the same contravention of the By-law within
one (1) calendar year or less from the date of the penalty notice containing a tier three (3)
administrative penalty amount, the Person shall be liable to pay to the City a tier three (3)
administrative penalty amount for that offence in the amount of $450. (127-2022)
Part IV: General Provisions
4.1
Interpretation: All words and personal pronouns relating to words contained in this by- law
shall be read and construed with the number and gender of the person or persons referred
to in each case.
4.2
Severability: In the event that any of the provisions of this by-law are deemed invalid or
void, in whole or in part, by any Court of competent jurisdiction, the remaining terms and
provisions shall remain in full force and effect.
4.3
By-law 2365: Section 257 By-law Number 2365, as amended by By-law 2843 of the
Corporation of the City of Oshawa, passed the 15th day of January, 1951, is hereby
repealed.
4.4
By-law 473: By-law 473 of the Township of East Whitby is hereby repealed.
4.5
Effective Date: This by-law shall come into full force and take effect as of the date of its
passing.
By-law read a first, second and third time and finally passed this nineteenth day of May, 1992.
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