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CORPORATION OF THE TOWNSHIP OF ST. CLAIR
BY-LAW NUMBER 30 OF 2015
BEING A BY-LAW TO PROHIBIT THE SALE OR HIRE OF GOODS OR
SERVICES BY TRANSIENT TRADERS IN THE TOWNSHIP OF ST. CLAIR
THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF ST. CLAIR
HEREBY ENACTS AS FOLLOWS:
WHEREAS Sections 150 (1) and (6) of the Municipal Act 2001, 8.0. 2001, ¢.25, as
amended, provide that a local municipality may license, regulate and govern any
business wholly or partly carried on within the municipality, including the sale or
hire of goods or services on an intermittent or one-time basis and the activities of a
transient trader; and
WHEREAS Section 150 (8) provides that the power to license, regulate and govern
a business includes the power to prohibit the carrying on or engaging in the business
without a license; to refuse to grant or revoke or suspend a license; to fix an expiry
date for the license; and to impose conditions as a requirement of obtaining,
continuing to hold or renewing a license.
NOW THEREFORE the Council of The Corporation of the Township of St. Clair
enacts as follows:
1. No person shall operate a business, conduct any commerce or trade, or offer
for sale any goods or services on a temporary, intermittent or one time basis
on any road allowance, municipally owned property, private property on a
door to door basis, or other public space unless that trade or commerce is
eligible for a Business License or permit and such approval has been
obtained.
2. For the purpose of this By-law “Transient Trader” includes any person(s)
commencing business within the Township of St. Clair on any municipal road
allowance, or other public property, or on private property on a door to door
basis.
3. The provisions of this By-law do not apply to the sale of personal contents of
a home or residence, such as a garage sale, yard sale or similar temporary
activity.
4, Every Transient Trader vendor who is not eligible for a Business License
issued by the Township of St. Clair is guilty of an offence and upon
conviction is liable to a fine of $200.00, plus costs incurred in enforcement, as
shown by Schedule ‘A’ to this by-law.
5. This by-law shall be enforced by Township’s By-Law Enforcement Officers
and the St. Clair Township detachment of the Ontario Provincial Police.
SPECIAL PROVISIONS
1. The Council of the Township of St. Clair may, on an individual basis make
exemption and approve a Transient Trader business permit as shown by
Schedule ‘B’ to this by-law. If approved the Transient Trader would be
subject to a fee as determined by Council based on the goods for sale and the
length of the business license to be granted, being no less than $150. If
approved the Transient Traders business license would be temporary and
_—s
would expire on a said date.
2. Charitable Organizations who canvass for contributions and support of their
organization are not considered a Transient Trader by the Township of St.
Clair and therefore are not subject to this by-law.
PENALTY PROVISIONS
1. Any person who contravenes any portion of this By-Law is guilty of an
offence and upon conviction for such contravention, shall forfeit and be liable
to pay a a fine of $200.00, plus costs incurred in enforcement, and costs
associated therewith may be recovered under the provisions of the Provincial
Offences Act R.S.O. 1990, Chapter p-33, as amended.
GENERAL PROVISIONS
2. THAT the short form title of this By-law shall be the Transient Traders By-
law
3. THAT any By-Laws or provisions of By-Laws found to be inconsistent with
the provisions found in this By-Law shall be and are hereby repealed.
4. THAT this By-Law go into force and effect upon the final passing thereof.
By-Law Read a First, Second and Third Time and Finally Passed this 1* day of June
2015.
a. da
Steve Arnold
Mayor
MES
Jeff Barenge’/ C)
THE CORPORATION OF THE TOWNSHIP OF ST. CLAIR
BY-LAW NUMBER 30 OF 2015
Schedule A — SET FINE SCHEDULE
Part I Provincial Offences Act
Title: A BY-LAW TO PROHIBIT THE SALE OR HIRE OF GOODS OR SERVICES BY
TRANSIENT TRADERS IN THE TOWNSHIP OF ST. CLAIR
ITEM
COLUMN 2 COLUMN 3
COLUMN 1
Offence Creating Set Fine
Short Form Wording Provision or
Defining Offence
Operate as a Transient Trader without a licence Sect 1 $ 200.00
NOTE: the general penalty provision for the offences listed above is section 61 of the
Provincial Offences Act, R.S.O. 1990, c P.33, as amended
THE CORPORATION OF THE TOWNSHP OF ST. CLAIR
Schedule ‘B’
To By-law 30 of 2015
Transient Traders By-law
1155 Emily Street
Mooretown, ON
NONIMO
{t) 519-867-2021 (f)519-867-5509
Date:
TRANSIENT TRADERS PERMIT
(AS PER SECTION 1 BY-LAW 30 OF 2015)
Company Name:
Address:
Phone #: Duration:
Purpose:
How many representatives?:
The fee for this permit is $ as per direction of Council and the fee
shall be received in full prior to its issuance.
This permit shall be vaild until 5
Issued this, the day of 20...
Jeff Baranek, RPP
Clerk/Deputy CAO
Township of St. Clair