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HomeMy WebLinkAboutPD-247-92 V11 THE CORPORATION OF THE TOWN OF NEWCASTLE DN: GPA.BYL REPORT Meeting General Purpose and Administration Committee Fide /I Date Res 4 'i December 7, 1992 Ry-Law fi Report## --PD-2-4-7--92-- File It Subject BY-LAW REGARDING HAWKERS & PEDLARS WITHIN THE TOWN OF NEWCASTLE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-247-92 be received; 2 . THAT the attached By-law be enacted and a notice placed in the local newspapers. 1. BACKGROUND: 1. 1 Staff's review of the various former Town and Township Hawkers and Pedlars By-laws reveals that these by-laws are not only outdated, but through several previous amendments, are becoming obscure and unenforceable. 1.2 At present, in dealing with hawkers and pedlars it is necessary for staff to use alternative By-laws to curtail their operations. Staff must rely upon various By-laws, including the Road Occupancy By-law and Retail Sales on a Highway By-law, to deal with these situations. In some cases these By-laws do not apply and it becomes very difficult for staff to immediately deal with these situations as they are occurring. For example, under the present circumstances, persons selling flowers or artwork from a vacant lot or on a boulevard can be dealt with through the Retail Sales on a Highway By-law. If they set up on a variety store lot there is little staff can do to control or curtail their operation. . . .2 nun i,i W10 4111—ieorvM REPORT NO. : PD-247-92 PAGE 2 1. 3 There have been several complaints from businesses within the Town, the B. I.A. , and citizens concerning hawkers and pedlars. Until a new By-law is in place to allow the enforcement of this specific activity, little can be done to curtail it. 1. 4 Inquiries have been made regarding the acquisition of a Hawkers and Pedlars license, and due to the unenforceability of the existing By-laws, none could be issued. 1. 5 The economics of the time are making this type of "occupation" appealing to many people, and as such, the Town of Newcastle needs to have a new by-law to provide for adequate procedure as well as to regulate and control such operation. 2. COMMENTS: 2 . 1 As stated above, the existing By-laws have been found to be unenforceable and deficient. The major problems are: (a) the four Hawkers and Pedlars By-laws for the former Town and Townships are outdated and inconsistent; e.g. each By-law contains its own fee structure; (b) these By-laws have been repealed and subsequently the repeal has been repealed, creating a "grey" area for enforcement. 2 . 2 The old licensing fees varied depending on the Town or Township, the items sold, and whether the hawker/pedlar was a resident or non-resident of that particular area. The new By-law has only three categories a hawker and pedlar may be licensed under, which are new licenses, renewals, and those selling Christmas trees. These fees have been set at amounts staff feel are appropriate at this time. 2 . 3 The previous By-laws were written pursuant to The Municipal Act R. S.O. 1960, with the penalty section referring to the Summary Convictions Act. The Summary Convictions Act has since been replaced by The Provincial Offences Act (1981) , and the latest ` 57 . . . 3 REPORT NO. : PD-247-92 PAGE 3 revision to The Municipal Act was in 1990. These legislative changes further prompted the need to repeal the existing by-laws and be replaced with a new consolidated by-law. 2 . 4 The old By-laws dealt with little more than the requirement for a license and establishing a fee schedule for the licenses. The new By-law sets out additional prohibitions and regulations which staff feel are necessary. It regulates such matters as: the number of assistants, time of operation, stationary locations, revocation or suspension of a license, and compliance with all other By-laws of the Town. 2 . 5 The layout of the new By-law is "user friendly" . It is divided into several sections; i.e. definitions, exemptions, regulations, and licensing information which will assist the public and prospective hawker/pedlars in its understanding, and staff in its efficient administration. 2 . 6 The new By-law is specifically intended to license, regulate and govern hawkers/pedlars within the entire Town of Newcastle. At the same time it would repeal all the existing Hawkers & Pedlars By-laws of the former Townships and Town; namely: former Town of Bowmanville By-law 1909, former Village of Newcastle By-law 730, former Township of Darlington By-law 2273 and Former Township of Clarke By-law 1704 , and any amendments thereto. 2 .7 Staff advise that a new, comprehensive Hawkers & Pedlars By-law could conceivably eliminate many of the problems enforcement staff are facing at the present time. It will provide an avenue for the Town to take action, from suspension or revocation of a license to charges being sworn for contravening the By-law. 2 . 8 It also makes licensing of Hawkers and Pedlars and all facets of their operation structured and consistent throughout the entire J) 5- . . . 4 REPORT NO. : PD-247-92 PAGE 4 Town. This will facilitate staff in the creation of an effective and immediate means of dealing with situations and problems as they occur. 3. CONCLUSION: The proposal of a new Hawkers & Pedlars By-law is long overdue and Staff respectfully request Council to pass the new by-law attached hereto. Respectfully submitted Recommended for presentation to the Committee C; , Franklin Wu, M.C. I.P. Lawrence E. Io�_seff, M.C. I.P. Director of Planning Chief Admini�t�rative Officer and Development TM*FW*jip December 1, 1992 *Attach. THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 92 Being a By-law to Regulate, License and Govern Hawkers and Pedlars within the Town of Newcastle 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 of Newcastle 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 of the Corporation of the Town of Newcastle; (d) "Hawker/Pedlar" 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, (f) "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 560 -2 - REGULATIONS. 6 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 (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 and after 9.00 p in 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 `7 6 1 3 - license shall be granted except under order of Council after due consideration of the application (c) Town'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 hcense 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 hcenses 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 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 'B" 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 hcense 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 thew 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 fine 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 mascuhne gender include the feminine ') 6 ?_ - 4- SEVERABILITY 23 Should any part of this By-law be declared by a Court of competent jurisdiction to be invand 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. By-law read a first time this day of 19 By-law read a second time this day of 19 By-law read a third time and finally passed this day of 19 MAYOR CLERK SCHEDULE"A" TO BY-LAW 92 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 `) h4 SCHEDULE'B" TO BY-LAW 92 New Licenses $20000 Renewals $17500 Christmas Trees $ 75.00 565