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HomeMy WebLinkAbout08 113 Refreshment Vehicle Vending e e e e THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE BY-LAW NO. 2008 -113 BEING A BY-LAW TO REGULATE REFRESHMENT VEHICLES WITHIN THE MUNICIPALITY OF KINCARDINE WHEREAS Section 8 (1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that the powers of a municipality under this or any other Act shall be interpreted broadly so as to confer broad authority on the municipality to enable the municipality to govern its affairs as it considers appropriate and to enhance the municipality's ability to respond to municipal issues; AND WHEREAS Section 9 of the said Act, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Section 11 (2) of the said Act authorizes a lower tier municipality to pass by-laws respecting health, safety and well-being of persons; AND WHEREAS pursuant to the provisions of the said Municipal Act, Section 150 provides that a local municipality may license, regulate and govern any business wholly or partly carried on within the municipality [even if the business is being carried on from a location outside the municipality]; AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it advisable to license, regulate and govern Refreshment Vehicles within the Municipality of Kincardine; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1.0 Definitions 1.1 "By-law Enforcement Officer" - means a commissionaire, assistant or and other officer or civilian person engaged by the South Bruce O.P.P and/or appointed by the Municipality of Kincardine to enforce or carry out the provisions of this by-law or any part or parts thereof. 1.2 "Council" - means the Council of The Corporation of the Municipality of Kincardine. 1.3 "License" - means a license issued under the provisions of this by-law. 1.4 "Licensee" - means a person licensed under the provisions of this by-law. 1.5 "Location" - means a position or site occupied or available for occupancy where a refreshment vehicle is permitted to operate. 1.6 "Municipality" - means The Corporation of the Municipality of Kincardine. e e e e Page 2 of 5 Refreshment Vehicle Vending By-law By-law No. 2008 - 113 1.7 "Refreshment Vehicle" - means any vehicle from which refreshments are sold for consumption by the public and includes, without limiting the generality of the foregoing, carts, wagons, trailers and trucks, irrespective of the type of motive power employed to move the refreshment vehicle from one point to another. . 2.0 Matters Prohibited 2.1 No person shall operate a refreshment vehicle within the Municipality without having obtained a license pursuant to this By- law. 2.2 No person shall fail to affix a refreshment vehicle license issued under the provisions of this by-law in a conspicuous place on a refreshment vehicle for which it is issued. 2.3 No person shall operate a refreshment vehicle in a location other than those areas specified below: 2.3.1 All municipal public property with the exception of residential zones, and except when refreshment vehicles are authorized by Council as part of a community self-funding event i.e. Canada Day, Massed Pipe Bands 2.3.2 Private property in non-residential zones with the permission of the owner. 2.4 No person shall operate a refreshment vehicle in a location where the operation of the refreshment vehicle would conflict with an existing agreement of Council or any of its committees or local boards, unless written permission is granted by the lessee. 2.5 No refreshment vehicle shall be located in such a manner that it unreasonably confines, impedes or presents a hazard to pedestrians or other users of a sidewalk, un-traveled portion of a municipal road allowance or municipal park. 2.6 No person shall transfer a license except with consent in writing of the Municipality and the Municipality shall not be bound to give such consent. 2.7 No person shall operate a refreshment vehicle between the hours of 11 :00 p.m. and 8:00 a.m. of the next day. 2.8 No person shall equip a licensed refreshment vehicle with any sounding device, loud speakers, amplifiers or other hailing devices for attracting attention. 3.0 Regulations 3.1 A Licensee shall ensure that their refreshment vehicle is equipped with a metal refuse container with a self-closing lid, and such container shall be kept in a clean sanitary condition and emptied at least once daily. 3.2 A Licensee shall ensure that their refreshment vehicle is equipped with a clearly marked recycling container, with a self closing lid, for cans and glass. 3.3 All refuse generated by the operation of a refreshment vehicle shall be disposed of in accordance with the Municipality's Waste Management By-laws. 3.4 A Licensee shall comply with all applicable regulations of the Ontario Fire Code and all requirements of the Kincardine Fire Department. e e e e Page 3 of 5 Refreshment Vehicle Vending By-law By-law No. 2008 - 113 3.5 A Licensee shall comply with all applicable Municipal and Provincial provisions and regulations. 4.0 Administration 4.1 Every application for a license shall be in the form as shown in the attached Schedule 'N which forms part of this by-law. 4.2 Every application for a license shall be accompanied by a photograph of the refreshment vehicle. 4.3 License fees pursuant to this By-law shall be established through the Municipality's Consolidated Rates & Fees By-law. 4.4 The licensee shall provide the Municipality with a valid Certificate of Insurance, as evidence of the following coverage, as well, the licensee shall provide the Municipality with any renewal replacement certificates as may be necessary during the term of the Agreement. 4.4.1 The licensee has an insurance policy providing general liability insurance in the minimum amount of $2,000,000.00. 4.4.2 The Municipality is named as an additional name insured. 4.4.3 The policy contains cross-liability coverage. 4.4.4 The policy provides that 30 days prior written notice shall be provided to the Municipality in the event of any material amendment to or cancellation of the policy 4.5 The licensee agrees to indemnify and hold harmless the Municipality from and against all suits, judgments, claims, demands, expenses actions, causes of action and losses and for any and all liability for damages to property and injury to persons (including death) which the Municipality may incur, otherwise than by reason of their own negligence or willful misconduct, as a result of or arising out of or in relation to any breach of the terms of this Agreement, or the Municipality's own negligence or willful misconduct. 4.6 Applications will be processed and approved by the Clerk's Department of the Municipality. 4.7 Any decision of the Clerk's Department to refuse, suspend or revoke a license may be appealed to Council by filing, in writing, an appeal with the Clerk within ten (10) days of the notice of decision being provided. All decisions made by Council on these matters are final. 5.0 By-laws Repealed 5.1 That the Town of Kincardine By-law No. 1993-051, By-law No. 1995-073, By-law No. 1998-015, By-law No. 1998-028, the Village of Tiverton By-law Number. 1996-7 and the Township of Bruce By-law No. 97-9 are hereby repealed. 6.0 Penalties 6.1 Every person who contravenes any provIsions of this by-law is guilty of an offence and is subject to the penalties as prescribed in the Provincial Offences Act, or by suspension or revocation of any license issued under this By-law. 6.2 The Municipality reserves the right to refuse, suspend or revoke a license. e e e e Page 4 of 5 Refreshment Vehicle Vending By-law By-law No. 2008 - 113 6.3 All provIsions of this by-law may be enforced by a By-law Enforcement Officer of the Municipality. 7.0 General 7.1 Every licence issued pursuant to any previous Food Vending Cart/Refreshment Vehicle By-law shall be deemed to be licensed under this By-law and every such licence unless revoked shall continue to be valid until its normal date of expiry. 7.2 This By-law shall come into full force and effect upon its final passage. 7.3 This By-law may be cited as the "Refreshment Vehicle Vending By-law". COND time this 2nd day of July, 2008. ~~L~ Clerk ALLY PASSED this 2nd day of July, 2008. ~. 'tVlc< ~aili Clerk SCHEDULE 'A' REFRESHMENT VEHICLE VENDING BY-LAW BY-LAW NO. 2008 -113 . APPLICATION FOR A REFRESHMENT VEHICLE LICENSE WITHIN THE MUNICIPALITY I (or we) do hereby apply for a Refreshment Vehicle License for Address: Postal Code: Telephone #: Proof of Liability Insurance of at least $2,000,000.00 is attached A photograph of the pre-licensed Refreshment Vehicle is attached: . Date: Signed: Position: I hereby certify that I, or an authorized officer of the department have inspected the refreshment vehicle within the last three (3) months and confirm that it conforms with the applicable sections of the Ontario Fire Code: Signed: Date: Fire Chief Letter from the Local Board of Health Official, certifying that the Refreshment Vehicle has been inspected within the last three months and it conforms to the applicable sections of the Ontario Health Act. Date Received: . Office Use Only Proof of Insurance Attached? Photograph of Refreshment Vehicle Attached? Fee: Date Paid: License No. Date Issued: .