HomeMy WebLinkAboutCLD-021-15 Clarftwn
Clerk's
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Report To: General Government Committee
Date of Meeting: October 19, 2015
Report Number: CLD-021-15 Resolution Number: G& -C)%D- �S
File Number: By-law Number:
Report Subject: Vehicle Definition in Refreshment Vehicle By-law
Recommendations:
1. That Report CLD-021-15 be received for information.
Municipality of Clarington
Report CLD-021-15 Page 2
Report Overview
In May, Staff received a licence application for a stationary vehicle. At the time, there was
discussion about whether or not the vehicle could be licenced under the existing definitions set
out in the By-law.
Staff were asked to consider whether or not the definitions in the By-law were asked to
determine whether or not the By-law required amending.
1 . Background
By-law 2015-016 regulates the operation and licensing of Refreshment Vehicles. It was
passed on February 9, 2015 and replaced By-law 2004-114. The By-law classifies the
vehicles as Stationary, Mobile and Carts. As a result of an issue involving a particular
application this spring, concern was raised over whether or not the vehicle could be
licenced.
At the June 15, 2015 General Purpose and Administration meeting, the Committee
approved Resolution #GPA-400-15;
That the delegation of Anna Marie Wall, regarding the denial of a refreshment
vehicle licence be referred to staff to provide a report to Council with respect to
the definition of a motor vehicle with the Refreshment Vehicle By-law.
In May of this year, Anna Marie Wall, applied for a Stationary Refreshment Vehicle
licence for her "chip truck". The vehicle was a 1950's English double decker bus. The
engine was totally inoperative and disconnected from the drive train. It had been towed
onto the site at the corner or King and Ontario Streets in Bowmanville.
Section 2.18 of the By-law states:
(1) Any motor vehicle which is to be used as a refreshment vehicle shall be capable of
moving under its own power upon demand of an Officer.
(2) Any vehicle or trailer which is to be used as a refreshment vehicle shall be capable
of being moved upon demand of an Officer.
Since the engine did not run, the question was raised as to whether the licence
application should be denied on the grounds that the bus could not move under its own
power. Ms. Wall was denied a licence. She then chose to speak to Committee about
the situation and asked the Committee to reconsider the original decision to Deny the
licence.
The By-law uses the term "motor vehicle" which has its definition taken directly from the
Highway Traffic Act, R.S.O. 1990, c. H.8. Within the Act a motor vehicle is defined as
including:
Municipality of Clarington
Report CLD-021-15 Page 3
an automobile, a motorcycle, a motor-assisted bicycle unless otherwise
indicated in this Act, and any other vehicle propelled or driven otherwise than by
muscular power, but does not include a street car or other motor vehicle running
only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction
engine, a farm tractor, a self-propelled implement of husbandry or a road-
building machine"
Clearly, without an engine, the bus did not meet the definition to be classed as a motor
vehicle. It could, however, be classified as a "vehicle". The vehicle definition in the
Act is more generalized. In contrast to the motor vehicle definition, the definition for a
vehicle requires only that the item in question:
includes a motor vehicle, trailer, traction engine, farm tractor, road-building
machine, bicycle and any vehicle drawn, propelled or driven by any kind of
power, including muscular power, but does not include a motorized snow
vehicle or a street car;
The key term in the definition is "drawn, propelled or driven by any kind of power..."
This includes being towed onto the site by a tow truck.
In order to remove any ambiguity Ms. Wall attended the Ministry of Transportation Office
and changed the vehicle registration from bus to "home built trailer". As a trailer, it is a
vehicle and no longer a motor vehicle according to the Highway Traffic Act. At the end
of the season it may be towed away for storage until the following season, if the owner
does not want to operate over the winter months.
2. Discussion
Council was concerned that the definition of motor vehicle was not sufficient. The
Highway Traffic Act sets out a precise definition of a motor vehicle and a vehicle. This
definition is clearly understood and has stood the test of multiple court challenges. It is
the definition that has been relied upon for Clarington's Traffic By-law, the Refreshment
Vehicle By-law and the current approved and proposed Zoning By-laws among others.
The definition is clear, concise and easily explained and defendable in court, if needed.
The use of the provincial definition, means that it is a term and concept that other non-
resident vendors will recognize and understand. The definitions are consistent across
the Province from municipality to municipality.
Staff's concern in the Wall matter was not with the interpretation of the words but with
the applicability of the section. Once the refreshment vehicle itself was reclassified by
the Ministry of Transportation, any argument of ability to licence was moot.
Municipality of Clarington
Report CLD-021-15 Page 4
3. Concurrence
Not Applicable
4. Conclusion
It is respectfully recommended that Report CLD 021-15 be received for information.
5. Strategic Plan Application
Not applicable.
Submitted by: C-. Reviewed bye`.-�
:A n�Cfe ee Franklin Wu,
Municipal Clerk Chief Administrative Officer
Staff Contact: Len Creamer 905-623-3379 ext. 2110 or Icreamer(a-),clarington.net
Attachments:
None
The following is a list of the interested parties to be notified of Council's decision:
Anna Marie Wall