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By-law 43/2008
Page 1 of 4
Hawkers & Peddlers Licensing By-law
THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE
BY-LAW NO. 43/2008
Being a By-law to license, regulate and govern Hawkers and Peddlers in
the Municipality of Port Hope and to repeal By-laws 1577, 1763,
72/81,1929, 1930, 55/84, and 08/94,
WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides that a municipality may pass by-laws respecting
business licensing;
AND WHEREAS Section 150(1) of the Municipal Act, 2001, S.O. 2001,
c25, as amended, provides in part that a local municipality may license,
regulate and govern business wholly or partly carried on in the
municipality;
AND WHEREAS the Council of the Corporation of the Municipality of
Port Hope deems it in the public interest to license hawkers and peddlers
operating within the corporate limits of the Municipality of Port Hope;
NOW THEREFORE the Council of the Corporation of the Municipality of
Port Hope enacts the following:
1.
DEFINITIONS:
In this By-law:
1.1
"hawker and peddler" shall include any person who goes from
place to place or to a particular place for a temporary period with
goods, wares or merchandise for sale, or who carries and exposes
samples, patterns or specimens or any goods, wares or
merchandise that are to be delivered in the municipality afterwards
and shall include persons selling goods, wares or merchandise by
auction, and by liquidation sales, but shall not include a person
operating a refreshment vehicle as defined in the Municipality's
Refreshment Vehicle Licensing By-law 122/2007, and as amended
or superseded from time to time.
1.2
"Municipality" shall mean the Corporation of the Municipality of
Port Hope.
1.3
"Clerk" shall mean the Clerk for the Corporation of the
Municipality of Port Hope.
2.
Every hawker and peddler operating within the Municipality of Port
Hope shall obtain a license from the Clerk before selling or offering
for sale any goods, wares, or merchandise within the Municipality
of Port Hope.
3.
The fee to be paid to the Municipality for a license pursuant to the
provisions of this by-law shall be in an amount as prescribed in
the Municipality's Fees and Charges By-law.
4.
All Hawkers and Peddlers Licenses issued under the provisions of
this by-law shall expire no later than the 31st day of December of
the year of issuance of the license, however, the Clerk may revoke
the license at any time if, in the opinion of the Clerk, the provisions
of this By-law are not complied with.
5.
No Hawkers and Peddlers License is required for hawking, peddling
or selling goods, wares or merchandise:
By-law 43/2008
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Hawkers & Peddlers Licensing By-law
5.1
If the goods, wares or merchandise are grown, produced or
manufactured in Port Hope and are hawked, peddled or sold by the
grower, producer or manufacturer or his agent or employee having
written authority to do so, in the Municipality of Port Hope, or
5.2
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 his own farm, or
5.3
If the goods, wares or merchandise are hawked, peddled or sold by
a person who owns and operates a business established in a
commercial zone in the Municipality, or
5.4
If the goods, wares or merchandise are hawked, peddled or sold by
persons participating in community events approved or sanctioned
by the Municipality and participating in the event with written
approval of the sponsor or organizer of the community event.
5.5
If the person is acting solely on behalf of a bona-fide non-profit
registered or incorporated charitable organization.
6.
No hawker and peddler shall hawk, peddle or sell goods, wares or
merchandise on a public highway, public park, public playground,
or other public property within the municipal limits of the
Municipality, unless prior written consent is obtained from Port
Hope Municipal Council by the hawker and peddler.
7.
The Clerk is authorized to and may issue a Hawkers and Peddlers
License when an applicant for a Hawkers and Peddlers License has
complied with all of the following requirements:
7.1
A statement in writing containing a full and complete description of
the goods, wares and/or merchandise that the hawker and peddler
proposes to sell or offer for sale in the Municipality.
7.2
The fee prescribed by this By-law has been paid to the
Municipality.
7.3
A statement in writing from the owner of the property on which the
hawker and peddler is to be located confirming that the property
owner has granted permission to the hawker and peddler to sell
goods, wares and merchandise from the site.
7.4
A report from the Municipality's Director of Planning Services, in
the case of the hawker and peddler operating from a particular
place, indicating compliance with all applicable provisions of the
Municipality's Zoning By-law, including, but not limited to land
use, yard setbacks and sight triangle restrictions.
7.5
Other such documentation as may be required by the Clerk.
8.
Where it appears to the Clerk that the applicant for a Hawkers and
Peddlers License fails to comply with the requirements of this By-
law, the Clerk shall refuse to issue the license.
9.
Every hawker and peddler shall, at all times while carrying on
business, have a copy of the license issued by the Municipality,
and in the case of a hawker and peddler operating from a
particular place, a copy of a statement in writing from the property
owner, and in the case of a hawker and peddler operating at a
community event, a copy of the permission from the sponsor or
organizer of the community event, and shall upon demand exhibit
the documentation to any Municipal Official or Police Officer.
10.
Wherever the singular is used in this By-law, it shall include the
plural and vice versa and wherever the masculine gender is used,
it shall include the feminine gender.
By-law 43/2008
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Hawkers & Peddlers Licensing By-law
11. 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.
12. No license shall be transferable.
13.
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.
14.
Every person who contravenes any provision of this By-law is
guilty of an offence and on conviction is liable to a fine as provided
for in the Provincial Offences Act.
15.
That By-laws 1577, 1763, 72/81, 55/84, and 08/94, passed by
the former Town of Port Hope and By-laws 1929 and 1930 passed
by the former Township of Hope, and any other by-law or
resolution inconsistent with the purposes of this By-law, are
hereby repealed.
16.
That this By-law shall come into force and take effect immediately
upon passing.
READ a FIRST, SECOND and THIRD time and finally passed in Open
Council this 22nd day of April, 2008.
_______________________________
Mayor Linda Thompson
_______________________________
S.C. Dawe, Municipal Clerk
By-law 43/2008
Page 4 of 4
Hawkers & Peddlers Licensing By-law
THE CORPORATION OF THE MUNICIPALITY OF PORT HOPE
BY-LAW 43/2008
Being a By-law to license, regulate and govern Hawkers and Peddlers in
the Municipality of Port Hope
Part 1 Provincial Offences Act
Set Fine Schedule
Item
Column 1
Short Form Wording
Column 2
Offence Creating
Provision
Column 3
Set Fine
1.
Operating as a
hawker and peddler
without a Municipal
license
Section 2
$110.00
2.
Operating as a
hawker and peddler
on a public highway
or municipal property
without written
consent of Port Hope
Council
Section 6
$110.00
NOTE:
The penalty provisions for the offences indicated above
is Section 12 of By-law 43/2008 and section 61 of the
Provincial Offences Act, R.S.O. 1990, C.p.33. Certified
copies of By-law 43/2008 have been filed.