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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