HomeMy WebLinkAboutCD-18-92 THE CORPORATION OF THE TOWN OF NEWCASTLE
REPORT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE File# oo
Date: JULY 6, 1992 fees.
Report#: CD-18-92 File#: By-Law
Subject: AMENDMENTS TO BY-LAW 91-95 TO REGULATE AND LICENCE
REFRESHMENT VEHICLES
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report CD-18-92 be received;
2 . THAT the by-law to amend By-law 91-95, to regulate and
licence refreshment vehicles in the Town of Newcastle
(attached to Report CD-18-92 as Schedule A) be forwarded to
Council for passage; and
3 . THAT Mr. Doug Cook be advised of Council's decision.
BACKGROUND AND COMMENT:
At the meeting held on may 19, 1992, the General Purpose and
Administration Committee heard a delegation from Doug Cook
requesting exemption from By-law 91-95, which regulates and
licences refreshment vehicles . Mr. Cook would like to locate his
refreshment vehicle behind the service station located at the
corner of Liberty Street and Park Street, however, because the
site is within 60 metres of Memorial Park, the by-law does not
allow for a licence to be issued. Following the delegation, the
following resolution was passed:
"THAT the delegation of Mr. Doug Cook be acknowledged;
THAT a Committee composed of two or three persons, including
Mayor Hamre, be established to review the contents of
By-law No. 91-95, being a by-law to regulate and licence
refreshment vehicles within the Town of Newcastle;
THAT the request of Mr. Doug Cook for an exemption from
Paragraph 9 of By-law No. 91-95 be reviewed and addressed by
preparation of a report; and
THAT Mr. Doug Cook be advised of Council's decision. "
Co ued . . . . . /2
Report CD-18-92 - 2 - June 15, 1992
On Thursday, June 4, 1992, Mayor Hamre, Councillor Dreslinski,
Councillor Hooper, the Senior By-law Enforcement Officer and the
Town Clerk met to discuss various areas of concern with respect
to the refreshment vehicle licensing by-law.
The amending by-law attached as Schedule A addresses some
administrative concerns as well as allowing the vehicle to
operate 60 metres from an eating establishment rather than the
property on which an eating establishment is located and 60
metres from playground equipment located in a park rather than
the boundary of the park property. Refreshment vehicles will
not, however, be allowed to locate within a park without prior
written consent of the Director of Community Services .
Presently, a licence holder is unable to relocate his vehicle to
another site. If the amending by-law is adopted by Council, a
licence holder will be able to apply to the Town Clerk for a
temporary licence. This will allow an operator to move his/her
vehicle to another site for a special event (eg. , carnival) .
This temporary site may be approved for a maximum of four
consecutive days and an administrative fee of $50. 00 will apply.
The amendments proposed adequately address all concerns raised by
the Committee and will allow Mr. Doug Cook to locate his
refreshment vehicle in the site he has proposed. It is,
therefore, recommended that the amending by-law be forwarded to
Council for passage.
Respectfully submitted Recommended for Presentation
to Committee
Patt' ar ie, A.M.C.T. Lawrence E. Kotse f,,,` M.C.I .P.
To Clerk Chief Administrative' Officer
PLB/ms
Attachment
cc: Mr. Doug Cook
P.O. Box 177
Little Britain, Ontario
KOM 2CO
Schedule A
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 92-
being a by-law to amend By-law 91-95, a by-law
to regulate and licence refreshment vehicles
within the Town of Newcastle
WHEREAS the Council of the Town of Newcastle deems it expedient
to amend By-law 91-95.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
NEWCASTLE ENACTS AS FOLLOWS:
1. THAT By-law 91-95 be amended as follows:
a) THAT Section 1 be amended by renumbering paragraph b)
to j) as paragraph c) to k) and by adding a new
paragraph b) as follows:
"b) eating establishment has the same meaning as that
term has in By-law 84-63, as amended. "
b) THAT Section 3 be amended by deleting the words
"By-law Enforcement Division" and inserting therefor
"Clerk's Department";
c) THAT Section 6 be deleted in its entirety and replaced
with the following:
116. a) The annual licence fee shall be $200 for the
first vehicle and $100 for each additional
.........................
vehicle.
b) The licence shall be specific to the holder
thereof and shall not be transferred to
another holder except with the written
consent of the Town Clerk, who is required to
give consent subject to any instructions of
Council to the contrary. There shall be no
fee charged for any transfer of a licence
prior to the expiry date. "
d) THAT Section 7 be amended by deleting the words "last
day of February" and inserting therefor "December 31. "
e) THAT Section 9 be deleted in its entirety and replaced
with the following:
119. No vehicle shall be used to conduct business:
a) within 60 metres of an eating establishment;
b) within 60 metres of playground equipment
located in.any park; and
c) within any park without the prior written
consent of the Director of Community Services
in accordance with By-law 91-20, as amended. "
f) THAT Section 10 be amended by adding the words "and be
equipped with a garbage receptacle of sufficient size
to accommodate all waste material generated by the
operation of the vehicle. "
g) THAT Section 17 be amended by deleting the words "site
plan" and inserting therefor "detailed diagram. "
h) THAT Section 18 be amended by adding the words "without
prior written approval of the Town Clerk. "
By-law 92- - 2 -
i) THAT Section 19 be deleted in its entirety and replaced
with the following:
1119. Where a licence holder wishes to relocate a
vehicle in respect of which a licence has een
issued under this by-law to a temporary site, he
may apply to the Town Clerk for a temporary
licence. Such licence shall be valid for a
maximum of four consecutive days and shall be
issued on payment of a fee of $50.00.
No person shall permanently relocate a vehicle in
respect of which a licence has been issued under
this by-law unless a new licence has been applied
for and issued under this by-law and the
provisions .of Sections 2 to 18 inclusive of this
by-law, except the requirement of the Fire and
Health inspection, shall apply in respect of such
new licence with all necessary changes thereto
being considered to have been made to give effect
to this Section 19. "
2. THAT this by-law shall come into full force and effect
immediately on the day of final passing by Council.
By-law read a first and second time this 13th day of July 1991
By-law read a third time and finally passed this 13th day of
July 1992
MAYOR
CLERK
�4
i
I