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THE HONOURABLE JUSTICE GREGORY REGIS
-
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REGIONAL SENIOR JUSTICE OF THE ONTARIO COURT OF JUSTICE
.
.
EAST REGION
50 EAGlE STREET, WEST
NEWW.RKET, ONTARIO L3Y 681
January 23ro, 2008
Ms. S.C. Dawe,
Director of Corporate Services/
Municipal Clerk,
The Municipality of Port Hope,
56 Queen Street, PO Box 117,
Port Hope, ON
L 1A 3V9
Dear Ms. Dawe:
Re: Set Fines- Part I
L'HONORABLE JUGE GREGORY REGIS
JUGE PRINCIPAL REGIONAL DE LACOUR DE L'ONTARIO
R~GION DUCENTRE-EST
TELEPHONE/TELEPHONE (905) 853-4890
FAXITELECOPIER (905) 853-4891
FteeEIVEE>
fEB ~ 4iBOI
MUNICIPAUTY OF PORT HOPE
The Corporation of the Municipality of Port Hope
Enclosed herewith is a copy of an Order and a copy of a schedule of set fines for the
By-law -122/2007.
The setting of the fines does not constitute my approval of the short form of the wording
used to describe the offences.
I have forwarded a copy of the Order and the schedule of the set fines to the POA Court
in Cobourg, together with a certified copy of the By-law.
Yours truly,
Justice G. Regis
Regional Senior Justice
Central East Region
/elm
Enclosures
. .,
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PROVINCIAL OFFENCES ACT
PART I
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 attached schedule of offences under the Provincial Statutes and
Regulations thereunder and Municipal By-law No. 122 I 2007 for the Corporation
of the Municipality of Port Hope, attached hereto is the set fine, for those
offences. This Order is to take effect January 23rd , 2008.
DATED at Newmarket this 23rd
day of January, 2008.
Gre~;:;b
Regional Senior Justice
Central East Region
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THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE
BY-LAW 122/2007
Being a By-law to license, regulate and govern vehicles from which
refreshments are sold
Item
1
2.
3.
4.
5.
6.
7.
NOTE:
Part 1 Provincial Offences Act
Set Fine Schedule
Column 1
Column 2
Column 3
Short Form Wording
Offence Creating
Set Fine
Provision
Operating a
Section 2.
$110.00
refreshment vehicle
without a municipal
refreshment vehicle
license
Selling refreshments
Section 3.
$110.00
from a refreshment
vehicle without a
municipal refreshment
vehicle license
Failure to report
Section 4.3.3
$110.00
conviction of an offence
committed by an owner
or operator of a
refreshment vehicle
under the Criminal
Code of Canada or
under the Controlled
Drugs and Substances
Act
Failure to display
Section 6.
$110.00
refreshment vehicle
license
Selling or purporting to
Section 7.1
$110.00
sell refreshments on
Municipal property
Failure to permit
Section 9.
$110.00
inspections by
Municipal or Provincial
official
Failure to provide litter
Section 11.
$110.00
receptacles and/ or
maintain site in a tidy
condition
The penalty provisions for the offences indicated above
is Section 14 of By-law 122/2007 and section 61 ofthe
Provincial Offences Act, R.S.O. 1990, C.p.33. Certified
copies of By-law 122/2007 have been .filed.
By-law 122/2007
Page 6of6
Refreshment Vehicle Licensing By-law
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THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE
BY-LAW 122/2007
Being a By-law to license, regulate and govern vehicles from which
refreshments are sold
WHEREAS Section 151(1) of the Municipal Act, 2001, S.O. 2001, c.25 as
amended, provides in part that a municipality may provide for a system
of licenses with respect to a business in whole or part that is carried on
within the municipality;
AND WHEREAS Council of the Corporation of the Municipality of Port
Hope deems it to be in the public interest to license and regulate vehicles
from which refreshments are sold;
Now therefore the Council of the Corporation of the Municipality of Port
Hope enacts the following:
1.
DEFINITIONS
In this By-law:
"Applicant" shall mean a person, association, organization or corporation
making an application for a license.
"Clerk" shall mean the Clerk of the Municipality of Port Hope and shall
include any person designated as "Acting Clerk" in the Clerk's absence,
by Statute or by By-law.
"Council" shall mean the Municipal Council of the Corporation of the
Municipality of Port Hope.
"Chief of Police Service" shall mean the Chief or Administrative Head of
the Police Service for the Corporation of the Municipality of Port Hope.
"Director of Fire and Emergency Services" shall mean the Director of Fire
and Emergency Services for the Corporation of the Municipality of Port
Hope;
"Director of Planning Services" shall mean the Director of Planning
Services for the Corporation of the Municipality of Port Hope.
"Health Unit" shall mean the Haliburton Kawartha Pine Ridge District
Health Unit.
"Municipality" shall mean the Corporation of the Municipality of Port
Hope.
"Person" shall mean and include every natural person, firm, partnership,
society, association or corporation and the legal representative of such.
"Police Service" shall mean the Police Force providing Police Services for
the Corporation of the Municipality of Port Hope.
"Refreshment Vehicle" shall mean any vehicle from which refreshments
are sold for consumption by the public and shall include a motor vehicle,
motor assisted bicycle, trailer, unmotorized vehicle, bicycle, tricycle and
By-law 122/2007
Page 1 of6
Refreshment Vehicle Licensing By-law
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any other vehicle drawn, propelled or driven by any kind of power,
including muscular power.
2.
3.
4.
No person shall own, operate or maintain a vehicle from which
refreshments are sold for consumption by the public within the
boundaries of the Municipality of Port Hope without first obtaining
and thereafter keeping in good standing a refreshment vehicle
license from the Municipality in accordance with the provisions of
this By-law.
No person shall sell refreshments from a refreshment vehicle for
consumption by the public within the boundaries of the
Municipality of Port Hope without frrst obtaining and thereafter
keeping in good standing a refreshment vehicle license from the
Municipality in accordance with the provisions of this By-law.
The Clerk of the Municipality of Port Hope is hereby authorized to
issue a refreshment vehicle license for each vehicle when:
4.1
A complete application in such form provided by the Clerk
is received and the fees have been paid to the Municipality
prescribed by the Municipality's Fees and Charges By-law;
4.2
Written permission from the owner of the property upon
which the vehicle will operate is received;
4.3
The report of the Chief of the Police Service is received
confirming a criminal record check indicating that the
applicant and all persons who operate or purport to operate
a refreshment vehicle owned by the applicant:
4.3.1 have not been convicted of an offence under the
Criminal Code of Canada within three (3) years
preceding the date of the application;
4.3.2 have not been convicted of an offence under the
Controlled Drugs and Substances Act within three (3)
years preceeding the date of the application.
4.3.3 No applicant, owner or operator shall fail to notify the
Municipality of any conviction of a criminal offence, or an
offense under the Controlled Drugs and Substances Act of
the applicant, owner and of any person who operates or
purports to operate a refreshment vehicle owned by the
applicant, and to do so constitutes an offence.
4.4
The report of the Health Unit is received confirming that all
health standards and regulations with respect to the vehicle,
equipment and facilities and the operation thereof have been
complied with; and
4.4.1 Every person who operates a refreshment vehicle owned by
the applicant and every person hired by the applicant to
handle food on the premises of the refreshment vehicle is
required to complete and to update to maintain valid, the
Food Handlers Training course through the Health Unit or
an equivalent course recognized by the Health Unit, and to
at all times while operating andfor handling food on the
premises of the refreshment vehicle have in his or her
possession a valid Food Handlers Certificate or proof of
completion of an equivalent course recognized by the Health
Unit, issued to him or her by the Health Unit, and to
produce such certificate for inspection upon request of an
officer of the Police Service, By-law Enforcement Officer, or
representative of the Health Unit.
By-law 122/ 2007
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Refreshment Vehicle Licensing By-law
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5.
4.5
The report of the Director of Fire and Emergency Services is
received confirming that all applicable legislation I regulations
and standards with respect to frre protection and prevention
for the refreshment vehicle, equipment and facilities and
operation thereof, and any other requirements deemed
necessary by the Director of Fire and Emergency Services for
the health, safety and welfare of the operators and public,
have been complied with,
4.6
The report of the Director of Planning Services is received
confirming that the application complies with all applicable
provisions of the Municipality's Zoning By-law.
4. 7
That the refreshment vehicle shall have a mandatory set
back from the road, sidewalk and/or any property line of no
less than 3 metres.
4.8
If the refreshment vehicle is located within a designated
Heritage Conservation District, confirmation that a heritage
permit has been issued indicating that the refreshment
vehicle and any signage complies with the heritage district
guidelines for heritage colors and signage.
4.9
The certificate of insurance is received confrrming that each
refreshment
vehicle
is
insured
in
the
amount
of
$2,000,000.00 or more per occurrence (exclusive of interest
and costs) against loss or damage resulting in bodily injury
to, illness or the death of one or more persons from food,
products, goods or any one act or omission by the operator
or owner of a refreshment vehicle and loss or damage
resulting from bodily injury to or death of one or more
persons or from loss or damage to property resulting from
any one accident or from loss or damage to property
resulting from any one incident.
The said policies shall
clearly acknowledge that the vehicle is being used for
purposes of a refreshment vehicle and shall include all
necessary coverages as are reasonable for the such use. The
policy or policies of insurance shall be endorsed to provide
that the policy or policies shall not be altered, cancelled or
allowed to lapse without 30 days written notice to the
Municipality.
No person shall be granted a refreshment
vehicle license unless and until a letter from the applicant's
insurance company(ies) addressed to the Municipality is
provided to the Clerk for each vehicle which certifies that the
policy or policies of insurance obtained by the applicant are
in full force and effect and in accordance with all of the
requirements of this By-law.
The Municipality shall be
entitled to rely on the said letter from the applicant's
insurance company(ies). Every refreshment vehicle license
shall automatically be revoked upon the cancellation,
suspension or termination of the relevant policy(cies) of
insurance.
4.10 The refreshment vehicle and its operation comply with all
other applicable By-laws of the Municipality.
Applications for any type of License to be issued pursuant to this
By-law shall be upon such form or forms as shall be provided by
the Clerk together with the required fee prescribed in the
Municipality's Fees and Charges By-law and such other material
and information as is required by this By-law.
By-law 122/2007
Page 3 of6
Refreshment Vehicle Licensing By-law
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5.1
There shall be no fee charged for a refreshment vehicle
license to any person who operates premises primarily used
for the sale of refreshments to the public.
5.2
There shall be no fee charged for a refreshment vehicle
license to any person who operates a fixed or mobile
barbeque, where the barbeque is located on a commercial
property and the barbeque is owned and operated by the
owner of a commercial business on that property.
6.
The owner and/or operator of every refreshment vehicle shall
display the refreshment vehicle license for the refreshment vehicle
in the refreshment vehicle, and the owner or operator of the
refreshment vehicle shall produce the refreshment vehicle license
when requested by any Officer of the Police Service, By-law
Enforcement Officer for the Municipality, or the Health Unit.
7.1
No person shall use or permit to be used, a vehicle licensed under
this by-law for the purpose of selling or purporting to sell
refreshments to the public while such vehicle is situated, standing
or parked on a public highway, public park, playground or other
public property within the corporate limits of the Municipality of
Port Hope unless prior written consent is obtained from the
Council of the Municipality with regard to the public property
within its jurisdiction.
7.2
No refreshment vehicle license shall be required for refreshment
vehicles operated at special community events approved by the
Port Hope Municipal Council. However, the community
organization sponsoring the special event shall be responsible for
ensuring that the refreshment vehicle operators comply with
Section 4.2, 4.3, 4.4, and 4.5 of this By-law.
8.
Every person holding a refreshment vehicle license shall ensure
that every licensed refreshment vehicle owned or operated by such
person shall continue to meet the requirements of this By-law.
9.
Every person owning or operating a refreshment vehicle shall
permit such vehicle to be inspected on a continuing basis from
time to time by the Chief of Police Service, Director of Fire and
Emergency Service, Director of Planning Services, or their
designates, and the Health Unit.
10
When an applicant for a refreshment vehicle license does not
comply with all the requirements set out in this By-law the Clerk
shall decline issuance of a refreshment vehicle license.
10.1 Where the holder of a refreshment vehicle license fails to comply
with the requirements of this By-law, the Clerk shall suspend the
license until the holder has complied with the terms and
conditions of the by-law.
Where the holder of a refreshment
vehicle license is found to be non-compliant on a second and
subsequent occurrence, the Clerk shall revoke the license.
11.
The owner, driver or operator of every refreshment vehicle shall be
responsible for providing litter receptacles at the site on which the
refreshment vehicle is situate, standing or parked and the owner,
driver or operator of every refreshment vehicle shall be responsible
for ensuring the said site is maintained in a tidy condition at all
times and that the waste and litter is disposed of by the owner,
By-law 122/2007
Page 4 of6
Refreshment Vehicle Licensing By-law
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driver or operator of every refreshment vehicle in accordance with
the applicable By-laws, regulations and requirements of the
County of Northumberland, the Municipality, and all other
applicable legislation.
12.
All refreshment vehicle licenses issued under the provisions of this
By-law shall expire on the thirty-frrst day of December of the year
of issuance of the license, however, the Clerk may revoke any
license at any time if the provisions of this By-law are not complied
with.
13.
No person shall enjoy a vested right in the continuance of a license
and upon issuance, cancellation or suspension; a license shall
remain the property of the Municipality.
14.
Every person applying for or holding a license under this By-law
shall be subject to all regulations contained in this By-law and
every person who contravenes any provision of this By-law is guilty
of an offence and on conviction is liable to a fme as provided for
under the provisions of The Provincial Offences Act.
15.
Upon a conviction being entered, the Court in which the conviction
was entered and any Court of competent jurisdiction thereafter
may, in addition to any other remedy and to any penalty imposed
in this By-law, make an Order prohibiting the continuation or
repetition of the offence by the person convicted.
16.
If any provision or requirement of this By-law or the application
thereof to any person shall to any extent be held to be invalid or
unenforceable, the remainder of this By-law or the application of
such provision or requirement to all persons other than those to
which it is held to be invalid or unenforceable, shall not be affected
thereby and each provision and requirement of this By-law shall be
separately valid and enforceable to the fullest extent permitted by
law.
17.
That this By-law shall come into force and effect immediately upon
passing.
18.
That By-law No. 4 7/96 be repealed.
READ a FIRST, SECOND and THIRD time and finally passed in Open
Council this 4th day of December, 2007.
By-law 122/2007
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Refreshment Vehicle Licensing By-law
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THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE
BY-LAW 122/2007
Being a By-law to license, regulate and govern vehicles from which
refreshments are sold
Item
1
2.
3.
4.
5.
6.
7.
NOTE:
Part 1 Provincial Offences Act
Set Fine Schedule
Column 1
Column2
Column 3
Short Form Wording
Offence Creating
Set Fine
Provision
Operating a
Section 2.
$110.00
refreshment vehicle
without a municipal
refreshment vehicle
license
Selling refreshments
Section 3.
$110.00
from a refreshment
I
vehicle without a
!
municipal refreshment
vehicle license
Failure to report
Section 4.3.3
$110.00
conviction of an offence
committed by an owner
or operator of a
refreshment vehicle
under the Criminal
Code of Canada or
under the Controlled
Drugs and Substances
Act
Failure to display
Section 6.
$110.00
refreshment vehicle
license
Selling or purporting to
Section 7.1
$110.00
sell refreshments on
Municipal prope_rty_
Failure to pennit
Section 9.
$110.00
inspections by
Municipal or Provincial
official
Failure to provide litter
Section 11.
$110.00
receptacles and/ or
'
maintain site in a tidy
'
i
condition
The penalty provisions for the offences indicated above
is Section 14 of By-law 122/2007 and section 61 ofthe
Provincial Offences Act, R.S.O. 1990, C.p.33. Certified
copies of By-law 122/2007 have been filed.
By-law 122/2007
Page 6 of6
Refreshment Vehicle Licensing By-law
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