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469 sdZrpag» _20M-03-/9
Kelli Campeau, Clerk Date SG-I]-21
THE CORPORATION OF THE
TOWNSHIP OF SOUTH GLENGARRY
BY-LAW 16-2021
FOR THE YEAR 2021
BEING A BY-LAW A BY-LAW TO REGULATE AND GOVERN MOBILE FOOD
PREMISES IN THE TOWNSHIP OF SOUTH GLENGARRY.
WHEREAS the Municipal Act 2007, c.25 S 5 (1) provides that the powers of a
municipal corporation are to be exercised by its council:
AND WHEREAS the Municipal Act 2001, c. 25 S 5 (3) provides that the powers of
every council are to be exercised by by-law:
AND WHEREAS Pursuant to the provisions of Part IV of the Municipal Act, a
municipality may pass by-laws for licensing, regulating and governing
businesses;
AND WHEREAS Sections 150 through 153 of the Municipal Act, authorizes
Council to license, regulate and govern businesses and events and that this
authority includes but is not limited to: the power to issue licences, to issue
licences on condition, to revoke licences, to suspend licences, to regulate or
govern the place used in the carrying on of such businesses, and to prevent the
carrying on of such businesses without a licence; and
AND WHEREAS pursuant to Section 425 of the Municipal Act, a municipality
may pass by-laws providing that a person who contravenes a by-law of the
municipality passed under this Act is guilty of an offence; and
AND WHEREAS pursuant to Section 426 of the Municipal Act, no person shall
hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising
a power or performing a duty under this Act or under a by-law passed under this
Act;
AND WHEREAS pursuant to Section 446(1) of the Municipal Act, a municipality
may direct or require a person to do a matter or thing and that, in default of it
being done by the person directed or required to do it, the matter or thing shall be
done at the person’s expense;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF SOUTH GLENGARRY ENACTS AS FOLLOWS:
SHORT TITLE
This by-law may be referred to as the “Mobile Food Premise By-Law”.
PART 1 — DEFINITIONS
1:1 In this by-law:
a) “Commercial zones”: means all areas as defined by the Township’s
Comprehensive Zoning By-law.
b) “Council”: means the Council of the Corporation of the Township of South
Glengarry.
c) “Eating establishment”: means a building, or part of a building, where food
is offered for sale and/or sold to the public for immediate consumption and
includes such uses as a restaurant, dining room, cafe, ice cream parlour,
dairy bar, and/or coffee shop.
d) “Fire Department Chief’: means the Township’s Fire Chief and his or her
designate or successor.
e) “Highway”: means a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, any part of which is intended for or used by
the general public for the passage of vehicles and includes the area
between the lateral property lines thereof
f) “Industrial Zones”: means all areas as defined by the Township's
Comprehensive Zoning By-law.
g) “Manager”: means the Township's Manager of Municipal Law Enforcement
and his or her designate or successor.
h} “Mobile food premise”: means a motorized vehicle or a unit so constructed
that it may be towed or drawn by a motor vehicle equipped for the cartage,
Storage and preparation of food stuffs, beverages, confections and from
which the aforesaid items are offered for sale directly to the public.
i) “Officer”: means an officer of the Township responsible for enforcement of
by-laws.
J) “Owner”: means the registered owner of land, the owner in trust, a
mortgagee in possession and includes a person, firm, partnership,
corporation, company, association or organization of any kind and its
principal(s).
k) “Open Space Zone”: means all areas as defined by the Township's
Comprehensive Zoning By-law.
I} “Private property’: means any land within the Township of South Glengarry
including yards and vacant lots that do not belong to the operator.
m) “Sidewalk”: means a path for pedestrians at the side of a road.
n) “Sight Triangle”: means a triangular space, free of buildings, structures, and
obstructions, formed by the street lines abutting a corner lot and a third line
drawn from a point on a street line to another point on a street line, each
such point being the required sight distance from the point of intersection of
the street lines as specified in this by-law.
0) “Special Event”: means a one-time or infrequently occurring event outside
normal programs or activities of the Sponsoring or organizing body.
P) “Township”: means the corporation of the Township of South Glengarry,
PART 2- GENERAL PROVISIONS
2.1 No person shall operate a mobile food premise in the Township of South
Glengarry without first obtaining a valid licence from the Manager.
2.2 No person shall operate a Mobile food premises in any zone except for a
commercial zone, industrial zone, or open space zone.
2.3 Notwithstanding section 2.2, no person shall operate a mobile food premise
on private property, except if the following provisions are met:
a) The private property is zoned in accordance with section 2.2 of this by-
law.
b) The owner of the private property has provided written consent permitting
the operation of the mobile food premise on their property.
2.4 No person shall operate a mobile food premise within 100m of any eating
establishment.
2.5 No person shall operate a mobile food premise on any highway.
2.6 No person shall operate a mobile food premise within 1m of a sidewalk.
2.7 No person shall operate a mobile food premise on a sidewalk.
2.8 No person shall operate a mobile food premise on a shoulder of any
highway.
2.9 No portion of the mobile food premise shall be located within 3.5m of an
entrance or exit from a building.
2.10 No person shall operate a mobile food premise on any Township owned
land without the written consent from the Manager.
2.11 No person shall operate a mobile food premise within 1.2m of all property
lines abutting any non-residential use.
2.12 No person operating a mobile food premise shall store anything deriving
from the mobile food premise operation within 1.2m of the property lines
abutting any non-residential use.
2.13 No person shall operate a mobile food premise within 3m of all property
lines abutting any residential use.
2.14 No person operating a mobile food premise shall store anything deriving
from the mobile food premise operation within 3m of the property lines
abutting any residential use.
2.15 No person shall operate a mobile food premise within a sight triangle.
2.16 No person shall operate a mobile food premise within 3m of a driveway.
2.17 No person shall operate a mobile food premise in any location, other than
the one permitted by the mobile food premise licence.
2.18 No person shall operate a mobile food premise outside of the following
hours;
a) Monday to Saturday: 7am to 11pm
b) Sunday: 8am to 11pm
Exceptions
2.19 Notwithstanding section 2.1 and 2.2 of this by-law, any mobile food
premise that is to be erected for a period of less than 4 days, not on municipal
property, and used in conjunction with a special event, is not subject to obtain
a mobile food premise licence.
2.20 Notwithstanding subsection 3.1 k) the Council may authorize the issuance
of a mobile food premise licence to non-profit or volunteer organizations
subject to any regulations or rules Council deems appropriate; and the mobile
food premise applicant shall be exempt from paying the mobile food premise
licence fee.
PART 3 - APPLICATION FOR LICENCE
3.1 Every person who applies for a mobile food premise licence shall include
the following in the application;
a) Proof of Public Health Unit approval:
b) Proof of compliance with TSSA regulations (where applicable):
c) Certificate from a provincially certified propane contractor attesting to the
fact that the equipment used in relation to the consumption of propane or
natural gas, conforms to the Ontario Propane Storage, Handling and
Utilization Code (where applicable);
d) Acopy of the applicants’ valid driver's licence (where applicable):
e) Acopy of the mobile food premise ownership (where applicable):
f) A copy of automobile insurance (where applicable):
g) A photo of the mobile food premise;
h) Proof of liability insurance (see Section 3.2);
i) A plan for the containment and disposal of grey water, grease, and
garbage;
}) Written permission from the owner of the private property on which the
Mobile food premise will be situated:
k) The fee for a mobile food premise Licence as per Schedule B.
1) A site plan depicting the location of the following from the mobile food
premise;
i any buildings on the property:
ii distance to neighbouring properties:
iii roadways abutting the property;
iv ail access to property from roadway;
Vv available parking areas: and
vi garbage receptacles.
3.2 Every person applying for a mobile food premise licence shall be required
to obtain liability insurance of not less than $2,000,000.00.
3.3 Every person applying for a mobile food premise licence shall be required
to provide proof of approval from the Fire Department Chief.
PART 4 - GARBAGE
4.1 Every person operating a mobile food premise shall ensure there is
sufficient garbage receptacles to maintain a clean and clear environment.
4.2 Every person operating a mobile food premise shal! ensure the garbage
receptacles are emptied at the end of every day of operation.
4.3 Every person operating a mobile food premise shall maintain the area
surrounding the mobile food premise in a clean and clear condition of all
garbage deriving from the operation of the mobile food premise.
.PART 5- RENEWAL, REVOCATION, AND TRANSFERS
Renewal
5.1 Every mobile food premise licence shall be valid for one calendar year.
5.2 Every person operating a mobile food premise shall ensure that their
licence is renewed prior to May 15 every year.
5.3. Every person renewing a mobile food premise Licence shall pay the
Mobile Food Premise Licence Fee, as per Schedule ‘B’.
Revocation
5.4 A mobile food premise licence is considered automatically revoked if a
complete licence renewal application is not submitted to the Township
prior to March 1°! of that calendar year.
5.5 The Township's Manager may, at any point, revoke a person's mobile
food premise licence where:
a) acontravention of any section of this By-Law occurs; or
b) the licence was issued in error: or
c) continuation of the operation poses an immediate danger to the health or
Safety of any person or property.
Transfers
5.6 Every person who operates a mobile food premise shall only transfer a
mobile food premise licence following written approval from the Manager.
PART 6 - ADMINISTRATION AND ENFORCEMENT
6.1 This by-law shall be enforced on a basis of written complaints, unless the
Manager is aware of an obvious unsafe condition warranting correction
or if the Mobile Food Premise is operating in an unpermitted zone.
6.2 The Manager may assign Officers to enforce this By-law and Officers so
assigned or appointed by Council to enforce this By-law shall have the
authority to:
a) carry out inspections:
b) make orders or other requirements as authorized under this By-law: and
c) give immediate effect to any orders or other requirements made under this
By-law.
6.3 The Manager may assign duties or delegate tasks under this By-law to be
carried out in the Manager's absence or otherwise.
Entry and Inspections
6.4 An Officer may enter on land at any reasonable time and in accordance
with the conditions set out in sections 435 and 437 of the Municipal Act,
2001 for the purpose of Carrying out an inspection to determine whether
or not the following are being complied with:
a) this By-law:
b) a direction or order made under this By-law;
Cc) an order made under s. 431 of the Municipal Act, 2001.
6.5 An Officer may, for the purposes of the inspection under Section 6.4 and
in accordance with the conditions set out in section 436 of the Municipal
Act, 2001:
a) require the production for inspection of documents or things relevant to the
inspection;
b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
c) require information in writing or otherwise as required by the Officer from
any person concerning a matter related to the inspection: or
d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
6.6 An Officer may undertake an inspection pursuant to an order issued by a
provincial judge or justice of the peace under Section 438 of the
Municipal Act, 2001, in accordance with the conditions set out in that
section, where he or she has been prevented or is likely to be prevented
from carrying out an inspection under Sections 6.4 and 6.5.
6.7 No Person shall interfere with or obstruct an Officer while performing their
duties under this by-law.
Orders including Delivery
6.8 If an Officer is satisfied that a contravention of this By-law has occurred,
he or she may make an order requiring the person who contravened the
By-law or who caused or permitted the contravention or the owner or
occupier of the property on which the contravention occurred to do work
to correct the contravention.
6.9 An order under Section 6.8 shall set out:
a) reasonable particulars of the contravention adequate to identify the
contravention and the location of property on which the contravention
occurred:
b) the work to be completed:
c) the date or dates by which the work must be completed; and
d) notice that if the order is not complied with, then the work may be done at
the expense of the owner.
e) notice that if the cost of work plus administration fees are not paid in time,
they may be recovered by adding the amount to the tax roll for the
Property.
6.10 Delivery of an order to discontinue a contravening activity made under
Section 6.8 or an order to do work made under Section 6.9 may be given
personally or by registered mail to the last known address of;
a) the owner and
b) such other persons affected by the order as an Officer determines.
6.11. In addition to delivery in accordance with Section 6.10, an order to
discontinue contravening activity made under Section 6.8 or an order to
do work made under Section 6.6 may be delivered by an Officer placing
a placard containing the order in a conspicuous place on the property
where the contravention occurred.
6.12 Where a time frame is set out in an order for carrying out any action, an
Officer may extend the time for compliance beyond the established time
frame provided such extension is required and is acceptable to the
Officer.
Township Carrying Out Work
6.13 Where a person does not comply with a direction or a requirement within
an order, under this By-law to do a matter or thing, the Manager, in
addition to all other remedies, may cause the Property to be brought into
compliance with this by-law. For this purpose, the Manager with such
assistance by others as may be required, may enter onto the Property at
any reasonable time without further notice to the owner in order to do
such work necessary to achieve compliance with this by-law at the
person’s expense.
6.14 The Township may recover the costs of doing a matter or thing under this
by-law by action or by adding the costs to the tax roll and collecting them
in the same manner as property taxes and such costs shall include an
administration fee of 30 per cent (30%). The amount of the Township's
costs, including interest to the date payment is made in full, constitutes a
lien upon the land, upon the registration of a notice of lien upon the land.
Penalties
6.15 Every person who contravenes any provision of this by-law is guilty of an
offence and, upon conviction, is liable to:
a) aset fine as set out in Schedule "A": or
b) a fine as provided for in section 61 of the Provincial Offences Act, R.S.O
1990, c. P.33.
6.16 Where a person is convicted of an offence under this by-law, the Ontario
court of Justice or any court of competent jurisdiction thereafter may, in
addition to any other penalty imposed on the person convicted, make an
order prohibiting the continuation or repetition of the offence by the
person convicted.
Validity and Severability
6.17 If a court of competent jurisdiction should declare any section or part of a
section of this by- law to be invalid, such section or part of a section shall
not be construed as having persuaded or influenced Council to pass the
remainder of the by-law, and it is hereby declared that the remainder of
the by-law shall be valid and shall remain in force.
6.18 Where a provision of this by-law conflicts with the provision of another by-
law in force within the Township, the provisions that establish the higher
standards to protect the health, safety and welfare of the general public
shall prevail.
Repeal
6.19 On the date this by-law comes into effect, By-Law 23-11 as amended shall
be hereby repealed.
6.20 This By-law shall come into force upon the date of passing by Council.
READ A FIRST AND SECOND TIME THIS 187 DAY OF MARCH, 2021.
READ A THIRD AND FINAL TIME, PASSED, SIGNED AND SEALED IN OPEN
COUNCIL THIS 15™ DAY OF MARCH, 2021.
MAYOR: J) yuk [ ALeL Yaa” LERK: CR Pn Ce
SCHEDULE ‘B’
CORPORATION OF THE TOWNSHIP OF SOUTH GLENGARRY
By-Law No.16-2021: Mobile Food Premise Licence
Service Use and Activity Charges
Item | Service or Activity Fee Fee
Mobile Food Premise Licence.
1, | Where an application for a mobile food premise is submitted 300.00
the fee indicated must be paid in full.
ist Order.
2.) | Where the informal notice has not been complied with, for the $ 50.00
‘|_| first Order issued in respect to any property.
| | Subsequent Orders.
3.| | Where there has been a previous Order issued, each $ 350.00
subsequent Order issued thereafter.
Township undertakes to complete the work. Cost of the work
4 Where the Township undertakes to complete the work performed plus
| | required to comply with any final order. an administrative
fee of 30%
| | Certificate of Compliance.
5 ' | Where after inspecting a property, an Officer, may on the $25.00
| | request of the Owner, issue the Owner a certificate of °
compliance.