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THE CORPORATION
OF THE CITY OF QUINTE WEST
BY.LAW NUMBER 12.136
BEING A BY.LAW TO PROVIDE FOR A FARMERS,
MARKET PLACE IN THE CITY OF QUINTE WEST, WARD
I (TRENTON)
WHEREAS it is deemed necessary and advÍsable to accommodate
the Front Street
Farmers' Market in the city of euintå west, ward 1 (Trenton);
AND WHEREAS subsection
(c) of Section 391 of the Municipal
Act, 2001, as amended
provides that despite any Act, a municipality
and a local board may pass by-laws
imposíng
fees or charges for the use of its property.
NOW THEREFORE
THE COUNCIL OF THE CORPORATION
OF THE CITY OF
QUINTE WEST HEREBY ENACTS AS FOLLOWS:
1. Title
This By-law shall be entitled "The Front Street Farmers' Market By-law,'.
Location
The market place for the City of Quinte West, Ward 1 (Trenton)
shall consist of that
portion of the Front Street Parking Lot shown in heavy outline on Schedule ,A'
attached hereto, and shall be hereinafter
referred to as "The Front Street Farmers'
Market".
Market Davs and Hours
Market days shall be Thursdays and Saturdays of each week from the first
Saturday in May to and including
the first Saturday in November. Market hours
shall be from 7:00 a.m. until 2:00 p.m. on each market day. Any person occupying
a market space after 2:00 p.m. on any market day shall be responsible
for
purchasing
and displaying
proof of payment
of parking
fees required.
Market Administration
a)
A person or persons designated
as the Market Clerk shall be appointed by
the City to assign reserved spaces, to collect the daily market fees to pay
same over to the City Treasurer
and to maintain
order pursuant
to Section 11
and 12(a) of this by-law.
b) Decisions
rendered
by the Market Clerk on Market Days shall be final.
c)
The City Clerk shall be the final arbitrator on all matters pertaining to the
applicability
and interpretation
of this By-law.
Market Space
Each market space shall consist of a space measuring
no more than three (3)
metres in width as determined
by the Market Clerk.
Market Fees
No person shall be permitted to sell, or display for the purpose of sale, any
permitted item or items unless and until he/she has paid the prescribed
fee as set
out in the Consolidated
Fees and Charges By-law, as amended from time to time.
q
7. Permitted Products
a)
Sales on The Front Street Farmers' Market shall be confined to artwork,
home-baked goods, fish, dressed poultry, inspected meat, butter,
graded e99s: honey, maple syrup, apple cider, sweets, flowers, plants,
shrubs, christmas trees, handicrafts, firewood, pet animals, fruit,
vegetables, canned and pickled fruits and vegetables, marmalade,
salads and all other products produced from the fãrm garden or dairy.
b) A portion of the wares or produce offered for sale on the Front Street
Farmers' Market should be produced
or grown by the seller.
c)
The sale of citrus fruits, bananas and/or vegetables or fruits grown,
produced or processed outside of the Piovince of Ontario are
prohibited
in The Front Street Farmers' Market.
d) The sale of pet animars,
such as dogs or cats, on The Front street
Farmers' Market, is permitted only if such animals are in a cage or
container
approved by the Market Clerk.
e) The dispensing and sales at the Market of cooked and/or processed
and held food products that can be sold heated or reheated, if
necessary,
shall be permitted
at the Front Street Farmer's Market. The
number of hand held food vendors will be based on lOVo of the total
seasonal
licences
issued in the previous
year,
L Assiqnment of Market Spaces
a)
Reserved spaces shall be assigned by the Market Clerk in a fair and
reasonable
manner with preference
given to previous seasonal market
vendors. Any Vendor leaving the Market prior to 1:00 pm will be
allocated
to the "overflow"
area of the Market.
b)
Upon payment of the prescribed daily fee a market space shall be
assigned to a vendor on a "first come-first
served" basis, by the Market
Clerk.
c)
No Vendor stalls (mobile or stationary)
shall be erected outside of the
defined market area as identified
on Schedule 'A' attached hereto.
9. Vendor Parkinq
Vendors shall park their vehicles in the assigned
'vendor parking area' as
shown on Schedule'A'
attached
hereto.
10. Space for Local Non-Profit Orqanizations
Two market spaces shall be made available on any market day for the use
of City of Quinte West Non-Profit
Organizations
at no charge. The space will
be available for use on a "first come-first
served" basis. Reservations
must
be made in the office of the City Clerk or with the Market Clerk at least one
week in advance. All other provisions
of this by-law shall apply to any such
user.
11. General Provisions
a) No more
vendor.
b) Vendors shall keep their market space in a clean and orderly state
during occupation
of same, and upon leaving same, shall remove arl
refuse and litter therefrom.
than two (2) market spaces shall be assigned to any one
c) No vendor shall operate his business
in a noisy manner or interrupt
the
general business of The Front Street Farmeri' Market or obstruct the
same or the persons attending it.
d) No person shall sell, or offer for sale, anything at the Front Street
Farmers' Market except in accordance
with the þrovisions of this By-
law.
e) Vendors are responsible
for the storing and displaying
of perishables
in
accordance
with all applicable
Provincial,
Federal,-
Municipal
legislation
and regulations.
f) Vendors are responsible
for obtaining
and displaying
at the Market, all
necessary
licences, permits, inspections,
and certificãtes
for the sale of
their products.
12. Penalties
a) Any person who contravenes
the provisions
of this by-law, shall, in the
first occurrence,
be so advised by the Market Clerk. In the event the
contravention
is not remedied to the satisfaction
of the Market Clerk,
the offending party shall be summarily removed from The Front Street
Farmers' Market, together with their goods, provisions
or other articles.
b) Any person who contravenes the provisions of this by-law on a
subsequent
occasion shall be deemed to be guilty of an offense, and
on conviction,
shall be liable to a fine not exceeding gs,ooo, as
provided for by the provisions of the Provincial Offensés Act (RSO
1990, Chapter
P33, as amended).
13. Severabilitv
In the event that any provision
or requirement
of this by-law,
the application
of which 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.
13. Repeal
By-law No. 11-54 shall be and is hereby repealed
in its entirety.
14. Effective Date
This By-law shall take effect upon final passing hereof.
READ A FIRST, SECOND AND A THIRD TIME AND FINALLY PASSED THIS
Igth DAY OF NOVEMBER,
2012.
Legend
ffi
Market overflow Area
liiii:ii:i:iiiiil
Vendor Parking
N,"+"
2512.5 0
25
50
75 Feet
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Produced by the City of Quinte West
Geomatics Division, 2011
File: fronlsheet_parking_lot. mxd