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HomeMy WebLinkAbout92-230 . ' . - ~ t .. r ... - . THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92 - 230 Being a By-law to Regulate, License and Govern Hawkers and Pedlars within the Town of Newcastle and to Repeal Former Town of Bowmanville By-law 1909, Former Village of Newcastle By-law 730, Former Township of Darlington By-law 2273, Former Township of Clarke By-law 1704, and any amendments thereto WHEREAS pursuant to Section 234 of The Municipal Act" RSO 1990, Chapter M.45, as amended, the Councils of towns having a population of less than 100,000 may pass by-laws for licensing, regulating, and governing persons who go from place to place or to a particular place with goods, wares or merchandise for sale, or who carry and expose samples, patterns or specimens of any goods, wares or merchandise that are to be delivered in the municipality afterwards. WHEREAS the Corporation of the Town ofN ewcastle deems it desirable to exercise the said power to the extent hereinafter provided: NOW THEREFORE, the Council of the Corporation of the Town of Newcastle enacts as follows: DEFINITIONS: 1. In this By-law: (a) "Clerk" shall mean the Clerk of the Corporation of the Town of Newcastle; (b) "Corporation" shall mean the Corporation of the Town of Newcastle; (c) "Council" shall mean the Council ofthe Corporation ofthe Town of Newcastle; (d) "HawkerlPedlar" shall mean and include any person who goes from place to place or to a particular place with goods, wares or merchandise for sale, or who carries and exposes samples, patterns or specimens of any goods, wares or merchandise which is to be delivered in the Town afterwards; (e) "License" shall mean a license issued by the Clerk under the provisions of this By-law; (1) "Officer" shall include any sworn member of the Durham Regional Police Force or a Municipal Law Enforcement Officer appointed by Council; (g) "Town" shall mean the Corporation of the Town of Newcastle. LICENSE IS REQUIRED: 2. No person shall operate or carry on the business of a hawker or pedlar within the Town of Newcastle without first having obtained a license from the Town. EXEMPTIONS: 3. No license shall be required for hawkers/pedlars who sell goods, wares, or merchandise pursuant to Section 234(1)1 of The Municipal Act, R.S.O. 1990, Chap. M.45, and as listed in Schedule 'A' attached hereto and forming part of this By-law. 4. In the event of a prosecution under this By-law, the onus of proving that an individual, for any reason in Section 3 does not require a license, shall be upon the person charged. REGULATIONS: 5. Where the licensee goes from place to place, or to a particular place with the intention of hawking or peddling his merchandise, said licensee shall not: . . . , ( . ~ -2- (a) employ any person or permit any person to assist in such hawking or peddling, other than a member of the licensee's immediate family, who is not licensed to do so; and (b) employ more than two helpers in connection with any wagon, cart or vehicle. 6. The licensee shall at all times while carrying on business, have his license with him. and shall upon demand exhibit it to any Municipal Law Enforcement Officer or Peace Officer. If the licensee fails to exhibit his license to a Municipal Law Enforcement Officer or Peace Officer, and unless the same is accounted for satisfactorily, he is guilty of an offence. 7. If a Peace Officer demands the production of a license by any person to whom this By-law applies and the demand is not complied with, it shall be the duty of such officer to arrest, and he shall have the power to arrest such person without a warrant and to take them before the nearest Justice of the Peace to be dealt with according to law. 8. No person shall engage in, or carry on, his respective trade, calling, business or occupation by passing from house to house or along streets within the Town of Newcastle before sunrise or after 9:00 p.m. on any day. 9. No licensee shall sell any goods, wares or merchandise other than what is stated on his license. 10. All license holders shall comply with all By-laws of the Corporation. The issuance of a license does not give the holder the right to locate his business, calling or occupation in any area where the Zoning By-law, Official Plan or any other By-law does not permit the carrying on of such business, calling or occupation. LICENSING INFORMATION: 11. Every applicant for a Hawkers and Pedlars license must submit, with his application, three photographs of himself taken within six months of the date of the application and any other material as requested by the Clerk's Department and any other department of the Town of Newcastle. 12. (a) The Clerk shall, upon receipt of the application referred to in this section, make or cause to be made all investigations which he deems necessary or which are required by law or by the Corporation relative to the application. (b) If the investigation referred to in subsection (a) discloses any reason to believe that the applicant's character may not be good or that the carrying on of said hawking/peddling may result in a breach of this or any other By-law of the Corporation or may be in any way adverse to the public interest, no license shall be granted except under order of Council after due consideration of the application. Where the Clerk refuses a license, explanation shall be given as to the reason for refusal. (c) Council's refusal to license any person to whom this By-law applies, is in its discretion, and it is not bound to give any reason for refusing a license and its action is not open to question or review by any Court. 13. A license may be suspended or revoked at any time for a breach of any provision of this By law or any other By-law of the Town of Newcastle. Town is not bound to give any reason for revocation of a license. 14. All licenses shall expire at the end of the calendar year in which they are issued, and no rebate shall be allowed in the fee to be paid for the license by reason of the fact that part of the year for which it is issued has passed. 15. Any person licensed hereunder shall be entitled to a renewal of such license on payment of . . , . . , ( ~ . ' -3- the annual fee for such license, provided that the facts and conditions relating thereto are the same as when the original license was issued. All applications for renewal received after the day of expiry shall be treated as applications for new licenses. 16. The sum to be paid for a license under this By-law shall be determined from time to time by the Corporation and listed in Schedule liB" attached hereto and forming part of this By-law. No license shall be issued unless and until the proper fee has been paid. 17. All licenses issued under this By-law shall be personal to the holder thereof and shall be non-transferrable. 18. Where a license is issued for a particular location, such license shall be site specific and shall be null and void if the licensee relocates to another property. No licensee shall sell any goods, wares or merchandise other than is what is stated on his license. 19. This By-law does not apply to charitable organizations or organizations approved by Council for conducting tag days or selling items for the purpose of raising funds for their respective organizations. ENFORCEMENT: 20. It shall be the duty of an Officer who is hereby authorized and directed to enforce the provisions of this By-law. CONTRAVENTION OF BY-LAW: 21. Any person who contravenes any provision of this By-law is guilty of an offence and is liable to: (a) a fme as allowed under The Provincial Offences Act; and/or (b) suspension or revocation of said license. EXTENDED MEANINGS: 22. Words importing the singular number include plural and vice versa and words importing masculine gender include the feminine. SEVERABILITY: 23. Should any part of this By-law be declared by a Court of competent jurisdiction to be invalid in part or in whole, the validity of the other provisions of this By-law shall not be affected thereby, the intent of Council being that each provision of the By-law shall be determined to be separately valid and enforceable to the fullest extent permitted by law. REPEAL OF PREVIOUS BY-LAWS: 24. The following By-laws are hereby repealed: Former Town of Bowmanville By-law 1909 Former Village of Newcastle By-law 730 Former Township of Darlington By-law 2273 Former Township of Clarke By-law 1704 and any amendments thereto. . , ., .'. . .' ~ I ( - 4 - By-law read a first and second time this 14th day of December 1992 By-law read a third time and finally passed this 14th day of December 1992 'bu-e)~$~~L MAYOR . , .- ~ ' . . SCHEDULE "A" TO BY-LAW 92 - 230 No license is required for hawking, peddling or selling goods, wares or merchandise: (1) to wholesale or retail dealers in similar goods, wares or merchandise; (2) if the goods, wares or merchandise are grown, produced or manufactured in Ontario and are hawked, peddled or sold by the grower, producer or manufacturer or an agent or employee of them having written authority so to do, in the municipality in which the grower, producer or manufacturer resides; (3) 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 the farmer's own farm; (4) if the goods, wares or merchandise are hawked, peddled or sold by a person who pays business tax in the municipality, or by that person's agent or employee; (5) if the goods, wares or merchandise are hawked, peddled or sold by an agent of the grower, producer or manufacturer, acting on behalf of a dealer who pays business tax in the municipality in respect of premises used for the sale of such goods, wares. or merchandise, or (6) by persons who sell milk or cream or fluid milk products to the consumer or to any person for resale. j _ .. t ..) - SCHEDULE liB" TO BY-LAW 92 - 230 New Licenses Renewals Christmas Trees $200.00 $175.00 $ 75.00