HomeMy WebLinkAbout19 008 Refreshment Vehicle By-law (2019) THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
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OMLITY OF KO
BY-LAW
NO. 2019 - 008
BEING A BY-LAW TO REGULATE REFRESHMENT VEHICLES WITHIN
THE MUNICIPALITY OF KINCARDINE
WHEREAS Sections 8 (1) and 9 of the said Municipal Act, provide 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 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 151 of the Municipal Act, 2001 S.O. Chapter 25
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 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 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
The following definitions shall apply for the purposes of this by-law:
1.1 "approved location" shall mean the location(s) specified in the
application and for which a licence has been granted.
1.2 "By-law Enforcement Officer" — shall mean 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.
1.3 "Clerk" shall mean the Clerk or Deputy Clerk of the Municipality of
Kincardine.
1.4 "Council" shall mean the Council of The Corporation of the
Municipality of Kincardine.
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1.5 "eating establishment" shall mean a building or part of a building where food
is offered for sale or sold to the public for consumption and which has
seating and eating facilities. Such uses include a restaurant, ice cream
parlour, tea or lunchroom and/or coffee shop.
1.6 "licence" shall mean a licence under the provisions of this by-law."Licensee"
shall mean the person to whom the licence has been issued and who
assumes the primary responsibility for complying with this by-law."Located
Refreshment Vehicle" — shall mean a motor vehicle or trailer equipped for the
cartage, storage and preparation of refreshments which is used only for the
sale of such refreshments intended for the consumption by the general public
and only located at an approved location. It must be capable of being readily
removed from an approved location within 24 hours of a notice to remove being
received. A "Located Refreshment Vehicle" shall be included in the definition of
"Refreshment Vehicle".
1.7 "Medical Officer of Health" shall mean the Medical Officer of Health for
the Grey Bruce Health Unit or his/her duly authorized delegate.
1.8 "Mobile Refreshment Vehicle" — shall mean a motor vehicle or trailer equipped
for the cartage, storage and preparation of refreshments which is used only for
• the sale of such refreshments intended for the consumption of the general
public and moves from more than one location in any given day. A "Mobile
Refreshment Vehicle" shall be included in the definition of"Refreshment
Vehicle.
1.9 "Municipality" — shall mean The Corporation of the Municipality of Kincardine.
1.10 "roadworthy" shall mean the vehicle complies with the requirements of The
Highway Traffic Act and is Licensed by the Ministry of Transportation for
operation on a public highway. The applicant for a licence shall produce
such vehicle licence prior to issuance of a licence.
1.11 "operate" shall mean the act of selling, offering for sale, or otherwise
dispensing of refreshments and "operator" shall have a like meaning.
1.12 "refreshment" shall mean all food stuffs or beverages either prepared on
site or pre-packaged and intended for consumption by the public.
Refreshments shall include, but not limited to, french fries, hamburgers,
onion rings, pogos, hotdogs, sausages, sandwiches, popcorn, ice cream,
• candy, confections and fresh produce.
1.13 "Refreshment Cycle" — shall mean a non-motorized cycle from which frozen
ice cream, yogurt or popsicles are sold.
1.14 "Refreshment Vehicle" shall mean any vehicle from which refreshments are
sold for human consumption, and which includes a Located Refreshment
Vehicle, Mobile Refreshment Vehicle and a Refreshment Cycle.
1.15 "Special Event" shall mean a one time, annual or infrequently occurring event
being held on Municipality of Kincardine property that is exclusively reserved
for the occasion. It must have predetermined opening and closing dates/times
and be open to public participation/attendance.
2.0 GENERAL PROVISIONS
2.1 No person shall operate a refreshment vehicle within the limits of the
Municipality of Kincardine unless and until the operator has obtained a
• separate licence for said refreshment vehicle, as issued under the provisions
of this by-law. The applicant for every licence shall be a minimum of
eighteen (18) years of age.
2.2 No person shall operate a refreshment vehicle without affixing a refreshment
vehicle licence issued under the provisions of this by-law in a conspicuous
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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 locate or operate more than one refreshment vehicle on private
property in non-residential zones.
2.5 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.
2.6 No person shall locate a refreshment vehicle 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.
• 2.7 No person shall transfer a licence except with consent in writing of the
Municipality and the Municipality shall not be bound to give such consent.
2.8 No person shall operate a refreshment vehicle between the hours of 11:00
p.m. and 8:00 a.m. of the next day.
2.9 No person shall equip a licensed refreshment vehicle with any sounding
device, loud speakers, amplifiers or other hailing devices for attracting
attention.
2.10 No person shall operate a refreshment vehicle closer than 12.5 metres to an
eating establishment that is paying a property tax to the Municipality of
Kincardine. Should the owner of a refreshment vehicle wish to locate the
said vehicle closer than 12.5 metres to an eating establishment, written
acknowledgement from the affected eating establishment owner shall be filed
with the application. Distance is calculated from the lot line of the eating
establishment to the refreshment vehicle location.
• 2.11 No person shall locate or operate a refreshment vehicle on the travelled
portion of the public highway which for the purposes of this by-law shall mean
the portion of the highway maintained for the passage of motor vehicles but
shall not include the sidewalk or boulevard adjacent to the highway.
2.12 No person shall locate or operate a refreshment vehicle on a sidewalk or
boulevard adjacent to a public highway, except in accordance with section 3.11
and 3.12 of this by-law.
2.13 No person shall locate a refreshment vehicle within 3 metres of all built
structures.
2.14 No person shall use a generator in conjunction with a refreshment vehicle
except when a power outage beyond the control of the licensee occurs and
directly affects the operation of the refreshment vehicle.
2.15 No operator of a refreshment vehicle shall conduct business from areas
designated as public parking unless permission has been granted by the
• Municipality.
2.16 No person shall connect a refreshment vehicle to a municipal utility source.
3.0 REGULATIONS
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3.1 Every licensee shall ensure that an adequate number of containers for
recyclable materials and waste receptacles with self-closing lids are provided
in accessible locations in the vicinity of the refreshment vehicle, and such
• containers shall be kept in a clean sanitary condition.
3.2 Every licensee shall ensure that all refuse generated by the operation of a
refreshment vehicle shall be disposed of in accordance with the Municipality's
Waste Management By-laws. The placing of refuse in a sidewalk refuse
container provided by the Municipality is not sufficient to constitute removal.
3.3 Every licensee shall ensure that the waste receptacles are emptied at least
once a day.
3.4 Every licensee shall ensure the refreshment vehicle, any and all appurtenant
accessories and equipment, and the immediate vicinity shall be kept in a
clean and sanitary condition at all times.
3.5 Every licensee shall ensure that the refreshment vehicle, all accessories
and equipment shall be kept in good repair and at all times and in a clean
and sanitary condition.
• 3.6 Every licensee shall ensure that:
3.6.1 no person other than a bona fide employee of the licensee shall
operate the refreshment vehicle, and
3.6.2 any employee (operator) shall be adequately trained in the safe
operation of the refreshment vehicle and equipment, and
3.6.3 all employees are familiar with the contents of this by-law, and
3.6.4 any operator or employee under his control, management or
supervision does not breach any of the provision of this by-law.
3.7 Every licensee shall ensure that all conditions expressed by the
Municipality of Kincardine Fire Department and the Grey Bruce Health
Unit, forming part of any approval shall be adhered to at all times.
3.8 Every licensee shall comply with all applicable Municipal and Provincial
provisions and regulations.
• 3.9 The term of each licence shall be from the first day of January to the thirty-
first day of December in each year, and no licence shall be issued except
on payment of the full amount of the prescribed fee.
3.10 Located Refreshment Vehicle:
3.10.1 The property on which a Located Refreshment Vehicle is to be
located shall be zoned Commercial or Industrial as set out in the
current Zoning By-law with written permission from the property
owner submitted with the application.
3.10.2 Every Located Refreshment Vehicle shall be capable of being
moved and driven or towed on a highway upon 24 hours' notice by
a by-law enforcement officer.
3.10.3 Permanent electrical or other utility hook-ups are prohibited. To
provide for the operation of exhaust fans, approved lighting and
other electrical power requirements, a Refreshment Vehicle may be
• connected to an approved power source provided such connection
is made by means of a connection which can be readily and safely
disconnected. Such connection must not inhibit the capability of the
Refreshment Vehicle to be mobile on short notice or to otherwise
cause the Refreshment Vehicle to be recognized as a permanent
structure.
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3.10.4 Every Located Refreshment Vehicle application shall include a site
plan drawn to scale showing the proposed vehicle location, adjacent
structures, entrance and exit from adjacent street(s), proposed
. additions to the vehicle, signs, the location and proposed temporary
hook-up of all utilities and set back distances from the street, all as
required by the provision of this by-law.
3.10.5 The Refreshment Vehicle shall be located at least three (3) metres
from the front line of the property on which it is located or at the
discretion of the Clerk.
3.10.6 No sign or advertising device may be displayed, except in
accordance with the Sign By-law.
3.11 Mobile Refreshment Vehicle:
3.11.1 The Mobile Refreshment Vehicle may be operated as a fully mobile
unit offering food and drink for sale to the general public
3.11.2 While conducting business from a public roadway, the vehicle shall
be parked off the travelled portion of the public highway.
III3.11.3 The Mobile Refreshment Vehicle shall not interfere with the normal
movement of pedestrian and vehicular traffic and the maintenance of the
sidewalks and streets in the Municipality.
3.11.4 The power for the Mobile Refreshment Vehicle will be supplied by
the permit holder and the permit holder will be responsible for the
cost of the power.
3.11.5 The Mobile Refreshment Vehicles may not remain on any site
except during the hours of 8 a.m. and 11 p.m. and must be removed
from the site at the end of each day.
3.12 Refreshment Cycle:
3.12.1 Despite Section 2.3, Refreshment Cycles shall be allowed to operate
in residential zones.
3.12.2 While conducting business from a public roadway, the vehicle shall
be parked off the travelled portion of the public highway.
• 3.12.3 The Refreshment Cycle shall not interfere with the normal movement
of pedestrian and vehicular traffic and the maintenance of the
sidewalks and streets in the Municipality.
3.13 Special Event Provisions
3.13.1 Refreshment Vehicles may be permitted to operate during specified
special events provided that the vendor has received written
permission from the organizer.
3.13.2 Special Event organizers must ensure that each refreshment vehicle
attending the event have completed the Refreshment Vehicle
Special Event Application Form and must submit these applications
to the Municipality if requested.
3.13.3 Sections 2, 4, and 5 of this by-law are not applicable to refreshment
vehicles that are within the confines of the special event area and
IIIauthorized by the special event organizer.
4.0 APPLICATION
4.1 Every application for a licence shall be in the form as prescribed by the Clerk
and shall supply any other information relating to that application as required
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by the Municipality.
4.2 Every application for a refreshment vehicle licence shall:
• 4.2.1 be accompanied by the required licence fee as per the current
Municipality of Kincardine Rates and Fees By-law;
4.2.2 be accompanied by a photocopy of the current motor vehicle
registration document;
4.2.3 be accompanied by a photograph of the refreshment vehicle;
4.2.4 be accompanied by Food Premises Inspection Report, R.R.O.
1990, Regulation 562, signed by the Local Board of Health
Official certifying that the refreshment vehicle has been inspected
within the last (3) months and it conforms to the applicable
sections of the Health Protection and Promotion Act;
4.2.5 include a signature from the Fire Chief or authorized officer of the
Municipality of Kincardine Fire Department having inspected the
refreshment vehicle within the last three (3) months and confirming that
it confirms with the applicable sections of the Ontario Fire Code;
•
4.2.6 be accompanied by a copy of a Mobile Food Service Equipment
(MFSE) Annual Inspection Certificate for MFSE's from the Technical
Standards & Safety Equipment (TSSA);
4.2.7 be accompanied by proof of insurance as described in Section 6
hereof;
4.2.8 be signed by the applicant who shall certify as to the truth of the
contents of the application;
4.2.9 be accompanied by any documentation required in section 3.10, 3.11
and 3.12.
4.3 Applications will be processed and approved by the Clerk's Department of
the Municipality.
4.4 Any decision of the Clerk's Department to refuse, suspend or revoke a
licence 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 FEES
5.1 A licence fee shall be charged on an annual basis in accordance with the
current Municipality of Kincardine Rates and Fees By-law.
5.2 No application shall be reviewed o r issued unless the required licence
fees have been paid in full.
6.0 INSURANCE & INDEMNIFICATION
6.1 The licensee must provide the Municipality with a valid insurance certificate of
a minimum of two million dollars ($2,000,000.00) liability insurance and name
the Municipality as an additional insured. The licensee must provide proof of
insurance prior to commencing the business.
6.2 The licensee agrees to name The Corporation of the Municipality of Kincardine
• in the licensee's Release of Liability, Waiver of claims Assumption of Risks and
Indemnity Agreement signed by each customer.
6.3 The licensee shall indemnify and hold harmless the Municipality of Kincardine,
its officers, members of municipal council and employees from and against any
liabilities, claims, expenses, demands, loss, costs, damages, actions, suits or
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other proceedings by whomsoever made, directly or indirectly arising out of the
agreement attributable to bodily injury, sickness, disease or death or to damage
to or destruction of tangible property including loss of revenue or incurred
• expense resulting from disruption of service and caused by any acts of
omissions of the licensee, it's officers, agents, servants, employees, customers,
invitees or licensees, or occurring in or on the premises or any part thereof and,
as a result of activities under this agreement.
7.0 PENALTIES
7.1 Every person who contravenes any of the provision of this by-law is guilty of
an offence and is subject to the penalties as prescribed in the Provincial
Offences Act, R.S.O. 1990 Ch. P.33, as amended or by suspension or
revocation of any licence issued under this by-law.
7.2 The Municipality reserves the right to refuse, suspend or revoke a licence.
7.3 All provisions of this by-law may be enforced by the Municipal By-law
Enforcement Officer.
8.0 MISCELLANEOUS
II/ 8.1 That By-law No. 2015 - 049 be hereby repealed.
8.2 That this by-law shall come into full force and effect upon its final passage.
8.3 This by-law may be cited as the "Refreshment Vehicle By-law (2019)".
READ a FIRST and SECOND TIME this 16th day of January, 2019.
READ a THIRD TIME and FINALLY PASSED this 16th day of January, 2019.
Il J ,w"a. `rhu
Mayor Clerk
S
•
46
OFFICE OF THE REGIONAL SENIORJUSTICE *111e CABINET DU JUGE PRINCIPAL REGIONAL
ONTARIO COURT OF JUSTICE all],T►, COUR DE JUSTICE DE L'ONTARIO
WEST REGION ,�a REGION DE L'OUEST
80 DUNDAS STREET, 10`"FLOOR, UNIT L -7--�-` 80, RUE DUNDAS, 10'ETAGE,UNITE L
LONDON, ONTARIO N6A 6A8 LONDON(ONTARIO) N6A 6A8
TELEPHONE/TELEPHONE(519)660-2292
FAX/TELECOPIEUR(519)660-3138
April 30, 2019
Julia M. Fischer
Grove-McClement & Fischer LLP
Barristers & Solicitors
P.O. Box 880, 11 Durham Street E
Walkerton, ON NOG 2V0
Dear Ms. Fischer:
Re: Set Fines - Provincial Offences Act - Part I
By-law Number 2019-008, of the Municipality of Kincardine
Enclosed herewith is an original Order, and an original schedule of set
fines for the above referenced By-Law, the By-law indicated in the
schedule.
The setting of the fines does not constitute my approval of the short form
of wording used to describe the offences.
I have forwarded the copy of the Order and the schedules of set fines to
the Provincial Offences Court in Owen Sound, together with a copy of the
By-law.
Yours truly,
Jea ine . Le.
Y
Regi nal Senior Justice
Wes Region
encl.
/kz
PROVINCIAL OFFENCES ACT
PartI
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act
and the rules for the Ontario Court of Justice that the amount set opposite
each of the offences in the schedule of offences under the Provincial
Statutes and Regulations thereunder and Municipal By-law No. 2019-008,
of the Municipality of Kincardine, attached hereto are the set fines for
those offences. This Order is to take effect April 30, 2019.
Dated at London this 30th day of April, 2019.
1
i
i.
J0 nine E. LeRoy
Regional Senior Justice
West Region
av: j1of1
THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
PART I PROVINCIAL OFFENCES ACT
BY-LAW NO, 2019 - 008
Being a By-law to Regulate Refreshment Vehicles within the Municipality of Kincardine
ITEM COLUMN 1 COLUMN 2 I COLUMN 3
Short Form Wording Provision creating or defining offence Set fine
1 Operate a Refreshment Vehicle without a licence Section 2.1 400.00
2 Operate a Refreshment Vehicle without affixing a licence Section 2.2 ' 25.00
3 Operate a Refreshment Vehicle in a location other than those specified Section 2.3 100.00
4 Operate a refreshment vehicle between 11:00 pm and 8:00 am Section 2.8 100.00
5 Operate a refreshment vehicle within 12.5 meters of an eating establishment Section 2.10 250.00
6 Operate refreshment vehicle on the travelled portion of the highway Section 2.11 i 100.00
7 Locate/Operate refreshment vehicle on a sidewalk or boulevard Section 2.12 100.00
8 Use a generator in conjunction with a refreshment vehicle Section 2.14 100.00
9 Conduct business from areas designated as public parking —without a permit Section 2.15 ' 100.00
10 Connect refreshment vehicle to a municipal utility source Section 2.16 250.00
11 Fail to dispose of refuse Section 3.2 200.00
12 Failure to keep refreshment vehicle in a clean and sanitary condition Section 3.4 100.00
Note: The penalty provisions for the offences indicated above is section 7.1 of By-law No. 2019 - 008, a certified copy of which has been fined,