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The Corporation of the Municipality of Trent Hills
By-law No. 2021-006
A By-law to License and to Regulate
Refreshment Vehicles in the Municipality of Trent Hills
and to Repeal By-law Nos. 2005-35 2017-36, 2020-002 and 2020-046
(Refreshment Vehicle By-law)
Whereas Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
authorizes a municipality to pass by-laws, respecting health, safety and well-being of
persons; protection of persons and property, including consumer protection;
And Whereas Section 151 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
specifies that a municipality may provide a system of licences with respect to a
business;
And Whereas Section 446 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may direct or require a person to do a matter or thing, in
default of that matter or thing being done, the municipality can direct the matter or thing
to be done at the person's expense;
And Whereas Council deems it appropriate to license and regulate refreshment
vehicles;
Now Therefore the Council of the Municipality of Trent Hills hereby enacts as follows:
1. That Appendix "A" attached hereto forms part of this By-law.
2. This By-law may be cited as "The Municipality of Trent Hills Refreshment Vehicle
By-law".
3. That By-law Nos. 2005-35, 2017-36, 2020-002 and 2020-046 are hereby
repealed in their entirety.
4. This by-law shall come into force and take effect on the final passing thereof.
By-law read a first, second and third time, and passed this 19th day of January,
2021.
Page 1 of 9
Appendix "A"
to By-law No. 2021-006 for
The Corporation of the Municipality of Trent Hills
1.0 Definitions
For the purposes of this By-law, the following definitions shall apply:
"Applicant" means a person or entity having made an application pursuant to this By-
law and shall include a Licensee.
"Chief Fire Official" means the Fire Chief for the Municipality of Trent Hills and/or their
designate.
"Council" means the Council of The Corporation of the Municipality of Trent Hills.
"Exhaust and Fire Protection System" means equipment, which meets the
requirements of NFPA 96 "Standard for Ventilation Control and Fire Protection of
Commercial Cooking Operations", which has been installed where there is a potential
for the production of smoke and grease-laden vapours, to remove such smoke and
vapours.
"Health Unit" means the Haliburton, Kawartha, Pine Ridge District Health Unit and
includes any successor or assign.
"Licence" means a valid refreshment vehicle licence as issued by the Municipality
pursuant to the provisions of this By-law.
"Licensed Contractor" means a person or a group of people that are professionally
licensed, bonded, and insured to deal in all aspects of natural or propane gas installs,
repairs, sales and services.
"Licensee" means the individual/entity that has been licensed pursuant to this By-law.
"Licensing Officer" means the Clerk for the Municipality of Trent Hills and/or their
designate.
"Maintain" means to keep in a particular condition or to preserve.
"May" means an expression of possibility, a permissive choice to act or not.
"Municipal Property" means any property situated within the Municipality of Trent Hills
that is owned or controlled by the Municipality.
"Municipality" means The Corporation of the Municipality of Trent Hills.
Page 2 of 9
"Officer" means a person appointed by Council for the purposes of carrying out the
enforcement of Municipal By-laws, and may include a Police Officer.
"Operate" means to conduct or carry on.
"Owner" means any person with legal title to real or personal property and includes an
authorized agent.
"Refreshment Vehicle" means any vehicle/stand (whether stationary or propelled by a
motor or by the application of force by a person) which is used for the storage or
preparation of food or drinks intended for immediate consumption by the public, and
may include:
- "Mobile Catering Truck" which are Refreshment Vehicles that are mobile and
offer to sell Refreshments and sundry items from more than one location in any
given day.
- "Mobile Ice Cream Truck" which are Refreshment Vehicles that are mobile to
store and sell Refreshments and frozen products such as, but not limited to, ice
cream cones, ice cream bars, popsicles and slushies.
"Refreshments" means any form of food or drink intended for human consumption.
"Restaurant" means a building or a part of a building where food or drink are offered
for sale or sold to the public for immediate consumption or take-out, and may include
any patio area associated with and immediately adjacent to the restaurant.
"Shall" means mandatory and not discretionary.
"Site Plan" means a sketch of the property outlining the location of the Refreshment
Vehicle, buildings, property entrances, parking and the distances between the
Refreshment Vehicle and all property line boundaries and buildings.
"Special Event" means a cultural, recreational, educational or similar event of a short-
term nature for which a Special Event Application has been submitted and considered
by the Municipality.
"Zoning By-law" means the Comprehensive Zoning By-law of the Municipality of Trent
Hills.
2.0 Licensing
2.1 Every person who wishes to operate, maintain or sell Refreshments from a
Refreshment Vehicle within the Municipality is required to obtain a Licence, for
each Refreshment Vehicle, prior to operating.
Page 3 of 9
3.0 Application for Licensing
3.1 Application for a Licence under this By-law shall be made to the Licensing Officer
on the designated form.
3.2 Each application shall be accompanied by appropriate approvals from the
following:
3.2.1 Approved inspection report from the Health Unit, such approval shall be
dated within three (3) months from the date of application with the
Municipality.
3.2.2 Approval from the County of Northumberland (if applicable).
3.3 The Applicant shall provide the following at the time of application:
3.3-1 A letter of permission from the registered property owner where the
Refreshment Vehicle is to be located when the operator is not the owner
of the property.
3.3.2 A Site Plan.
3.3.3 Proof of Insurance pursuant to Section 5 of this By-law.
3.3.4 Proof of the affixed seal from the Electrical Safety Authority (ESA),
generally located on or adjacent to the electrical panel in the Refreshment
Vehicle.
3.3.5 Any additional information deemed by the Licensing Officer to be
applicable based on the provisions of this By-law that relates to the
Refreshment Vehicle.
3.4 Where the Refreshment Vehicle is deemed to be a Mobile Catering Truck/Mobile
Ice Cream Truck, that Applicant shall provide the following at the time of
application:
3.4.1 A valid Driver's Licence, such licence shall remain valid at all times during
the operation of the Mobile Catering Truck/Mobile Ice Cream Truck.
3.4.2 A valid and current Ministry of Transportation motor vehicle permit in the
Applicant's name.
3.4.2.1 If the vehicle is lease, the Applicant shall provide a copy of the
lease agreement.
3.4.3 A valid and current annual inspection certificate issued pursuant to the
Highway Traffic Act.
Page 4 of 9
3.4.4 Proof of automobile liability insurance in an amount not less than five
million ($5,000,000.00) dollars for each licensed motor vehicle owned or
leased by the Applicant.
3.5 Every Applicant/Licensee shall ensure that where the Refreshment Vehicle is
powered by propane/natural gas or utilizes propane/natural gas for food
preparation, the Refreshment Vehicle is inspected and certified at the time of
application and on an annual basis by a Licensed Contractor, pursuant to
Technical Standards & Safety Authority (TSSA) requirements for Mobile Food
Services Equipment. Such certificate shall be filed with the Municipality at the
time of application or as may be required.
3.5.1 In the case of a new Refreshment Vehicle that is proposed to be licensed
for the first time in the Municipality, The TSSA Initial Vehicle Inspect
Report is required to be submitted.
3.6 Every Applicant/Licensee who has an Exhaust and Fire Protection System shall
ensure that such system has had an Exhaust Hood System Inspection completed
by a certified technician, and that such system has been cleaned by a certified
company. Proof of the inspection and cleaning shall be filed with the Municipality
at the time of application or as may be required.
3.7 Each application shall be circulated by the Licensing Officer to the following for
approval/comments:
3.7.1 Chief Fire Official
3.7.2 Planning and Development
3.7.3 Public Works - Roads and Urban Services
4.0 Fees
4.1 Prior to the issuance of a Licence for a Refreshment Vehicle, the Applicant shall
pay the appropriate fee as set out in the Municipality's current Fees & Charges
By-law.
Page 5 of 9
5.0 Insurance
5.1 No person shall be granted or hold a Licence for a Refreshment Vehicle unless
the Applicant establishes and maintains current proof of commercial general
liability insurance covering each Refreshment Vehicle as required by the terms of
this By-law. A valid certificate of insurance shall be provided at the time of
application and shall include the following:
5.1.1 For the calendar year 2021, Commercial liability insurance in an amount
not less than two million ($2,000,000.00) dollars, public liability, property
damage inclusive, against loss or damage resulting from bodily injury to or
the death of one or more persons, or from loss of or damage to, property
resulting from any one incident. In addition, the Applicant shall provide the
Municipality with a copy of the liability certificate, which shall name the
Municipality as an additional insured.
5.1.2 For the calendar years 2022 and beyond, Commercial liability insurance in
an amount not less than five million ($5,000,000.00) dollars, public liability,
property damage inclusive, against loss or damage resulting from bodily
injury to or the death of one or more persons, or from loss of or damage
to, property resulting from any one incident. In addition, the Applicant shall
provide the Municipality with a copy of the liability certificate, which shall
name the Municipality as an additional insured.
5.1.3 Such insurance shall contain an endorsement specifying that the
Municipality shall be given a minimum of thirty (30) days written notice of
any changes, expiration, or cancellation of such policy.
6.0 Requirements of Licensee
6.1 Every Licensed Refreshment Vehicle shall:
6.1.1 Ensure that the Refreshment Vehicle displays in contrasting colour and in
clearly visible letters, on at least one side, the operating name of the
business as it appears on their Refreshment Vehicle application.
6.1.2 Ensure that Refreshment Vehicles that contain cooking facilities have
operational fire safety and suppression equipment as required by the
Chief Fire Official.
6.1.2.1 Refreshment Vehicles that contain cooking facilities that have the
potential for the production of smoke and grease-laden vapours
shall have an Exhaust and Fire Protection System as required by
the Chief Fire Official.
Page 6 of 9
6.1.3 Ensure that every Refreshment Vehicle that is powered by or utilizes
propane/natural gas for food preparation has a minimum five (5) pound
ABC dry chemical fire extinguisher or other such fire extinguishers as
required by the Chief Fire Official. Such extinguisher(s) shall be mounted
inside the Refreshment Vehicle and the operator shall be knowledgeable
in the proper use of such fire extinguisher(s).
6.1.3.1 Refreshment Vehicles that have am Exhaust and Fire Protection
System shall have a Class K fire extinguisher as required by the
Chief Fire Official.
6.1.4 Ensure that no LPG (liquefied petroleum gas), LNG (liquefied natural gas)
or any combustible fueled appliance is operated within three (3) metres
(10 feet) of any other structure or combustible construction.
6.1.5 Ensure that the Refreshment Vehicle is free from holes, crevices, cracks
and the surface is readily washable and is kept clean and in good
condition.
6.1.6 Ensure the Refreshment Vehicle and all parts and equipment are
maintained, in a clean and sanitary condition and, at all times, in good
repair.
6.1.7 Ensure that every Refreshment Vehicle is equipped with refuse and
recycling containers. Such containers shall be kept in a clean and sanitary
condition and emptied as required.
6.1.8 Ensure that every refuse container is located in such a position so as to be
easily accessible by a person making a purchase.
6.1.9 Ensure that every Refreshment Vehicle from which hot, prepared foods
are sold are equipped to maintain such foods so heated at a temperature
as approved by the Health Unit.
6.1.10 Ensure that adequate refrigeration, as approved by the Health Unit, is
provided for perishable Refreshments that shall be kept so refrigerated.
6.1.11 Ensure that the date of expiration is clearly and legibly marked on or
affixed to the wrapper of all sandwiches or pre-packaged Refreshments
sold from the Refreshment Vehicle.
6.1.12 Ensure that the Licence issued under this By-law for the Refreshment
Vehicle is displayed in a conspicuous location on/in the Refreshment
Vehicle and shall be produced on demand by the Licensing Officer, Officer
and/orthe Chief Fire Official.
Page 7 of 9
7.0 Operating Location/Distance Requirements
7.1 A Licensed Refreshment Vehicle shall only operate on lands contained within the
General Commercial (C1), Highway Commercial (C2) or Recreational
Commercial (C4) zones in accordance with the Municipality's Zoning By-law
where such use is accessory and subordinate to the permitted use of the subject
lands.
7.2 In the interest of public safety, site-specific setbacks may be specified as a
condition on a Licence for a Refreshment Vehicle.
7.3 No Refreshment Vehicle shall be located or operated on Municipal Property,
unless authorized by resolution of Council.
7.4 No Refreshment Vehicle shall be located within seventy-five (75) metres (250
feet) of an existing Restaurant.
7.4.1 Notwithstanding Section 7.4, a Refreshment Vehicle may be licensed and
operate on the same property as an existing Restaurant with the written
authorization of the registered property owner permitting such.
8.0 Prohibitions
8.1 No person shall operate, maintain or sell Refreshments from a Refreshment
Vehicle without first obtaining a Licence from the Municipality.
8.2 No person shall operate, maintain or sell Refreshments from a Refreshment
Vehicle on Municipal Property, unless authorized by Council.
8.3 No person shall operate, maintain or sell Refreshments from a Mobile Catering
Truck on any Municipal highway.
8.4 No person shall operate, maintain or sell Refreshments from a Mobile Ice Cream
Truck in any permitted zone for longer than a 15-minute period.
8.5 No person shall sound a horn or other signaling device in conjunction with a
Refreshment Vehicle between the hours of 8:00 pm and 9:00 am of the following
day.
9.0 Exemptions
9.1 Notwithstanding the provisions of this By-law, no person shall be required to
obtain a Licence to operate or maintain a Refreshment Vehicle at a Special
Event that has been authorized by resolution of Council.
9.1.1 Refreshment Vehicles operating a Special Event, that has been
authorized by resolution of Council, shall be required to submit a
Refreshment Vehicle Information Form to the Chief Fire Official, no later
than 14 days prior to the Special Event, and may be subject to an
inspection by the Chief Fire Official.
Page 8 of 9
10.0 Expiry
10.1 A Licence issued pursuant to the provisions of this By-law shall be valid from the
remainder of the calendar year in which the said Licence is issued and shall
expire on December 31 of that year.
11.0 Revocation/Refusal
11.1 The Licensing Officer may revoke, refuse or cancel any Licence issued under
this By-law, at any time a Refreshment Vehicle that has not complied in the past,
does not comply or continue to comply with any provision(s) of the By-law. Notice
may be given by the Licensing Officer that failure to adhere to all provision(s) of
this By-law may result in termination of the Licence and that continued operation
may result in the Refreshment Vehicle being removed at the owner's expense.
12.0 Offences
12.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law. Any person who is
alleged to have contravened any of the provisions of this By-law shall identify
themselves to the Officer upon request. Failure to do so shall be deemed to have
obstructed or hindered the Officer in the execution of their duties.
12.2 Every person who contravenes any provision of this By-law is guilty of an offence
and shall be liable to a fine in the amount to be determined pursuant to the
Provincial Offences Act, R.S.O. 1990, c.P. 33, and every such fine is recoverable
under the Provincial Offences Act.
Page 9 of 9
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FAX/TU.ECOPIEUR (90 5 > S S3 -! 891
May 6, 2021
Mr. Doug Irwin
Municipality of Trent Hills
P.O. Box 1030
66 Front Street South
Campbellford, Ontario
KOL1LO
Dear Mr. Irwin,
Re: Set Fines - Part I
TJie_Cpr^pratipnj)fthe Municipality of Trent Hills
Enclosed herewith please find the Order and the schedule of set fines.
The setting of the fines does not constitute my approval of the short form of the
wording used to describe the offences.
Please forward a copy of the Orders and the Schedules of set fines to the POA
Court in Cobourg.
Your^truly,
sther??L^M^'
fherRdsenberg'
Regional Senior Justice
Central East Region
/bmw
Ends.
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 2021-006, for the Municipality of
Trent Hills, attached hereto is the set fine for that offence. This Order is to take
effect May 6, 2021.
DATED at Newmarket this 6th
day of May, 2021
'4/],^ tw^^
Esther Rosenberg
Regional Senior Justice
Central East Region
Municipality of Trent Hills
Part I Provincial Offences Act
By-law No. 2021-006, A By-law to License and to Regulate Refreshment Vehicles
in the Municipality of Trent Hills and to Repeal By-law Nos. 2005-35, 2017-36,
2020-002 and 2020-046 (Refreshment Vehicle By-law)
Page 1 of 1
Item
1
2
3
4
5
6
Short Form Wording
Operate, maintain or sell refreshments without a
licence
Operate, maintain or sell refreshments from
Municipal property without authorization
Operate, maintain or sell refreshments from a
Mobile Catering Truck on a Municipal highway
Operate, maintain or sell refreshments from a
Mobile Ice Cream Truck for longer than 15 minutes
Sound horn or other signaling devices between 8:00
pm and 9:00 am
Hinder or obstruct an officer exercising a power or
performing a duty
Provision
Creating or
Defining
Offence
App. "A",
s. 8.1
App. "A",
s. 8.2
App. "A",
s. 8.3
App. "A",
s. 8.4
App. "A",
s. 8.5
App. "A",
s. 12.1
Set Fine
$500.00
$400.00
$300.00
$300.00
$200.00
$300.00
Note: The penalty provision for the offences indicated above is Appendix "A", Section
12.2 of By-law No. 2021-006, a certified copy of which has been filed.