HomeMy WebLinkAbout22 092 Refreshment Vehicle By-law Amendment (1) By-lawTHE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
BY-LAW
NO. 2022 – 092
BEING A BY-LAW TO AMEND BY-LAW NO. 2019 – 008;
BEING A BY-LAW TO REGULATE REFRESHMENT VEHICLES WITHIN
THE MUNICIPALITY OF KINCARDINE
WHEREAS Section 8 (1) and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, 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 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 the Council for the Corporation of the Municipality of Kincardine
passed By-law 2019 – 008, to regulate refreshment vehicle within the Municipality;
AND WHEREAS Council deems it advisable to amend By-law No. 2019 – 008 as
outlined in Report Legislative Services-2022-16;
NOW THEREFORE the Council for The Corporation of the Municipality of
Kincardine ENACTS as follows:
1. That Section 1.0 be amended to include the following as number 1.6 and
the remaining numbers be amended accordingly:
“food cart” shall mean a non-vehicle, non-motorized, self-contained
wheeled unit for the cartage, storage and preparation of refreshments which
is only used for the sale of such refreshments intended for the consumption
of the general public including hotdog carts. The unit must be wholly self-
contained (no water, electricity, or sewer).
2. That Section 1.11 be amended to include a food cart within the definition of
a “Mobile Refreshment Vehicle”.
3. That Section 2.13 be repealed and replaced with:
No person shall locate a refreshment vehicle within 3 metres of all buildings
as defined in the Building Code Act, 1992, S.O. 1992, c. 23.
4. That Section 2.16 be repealed and replaced with
2.16 No person shall connect a refreshment vehicle directly to a Municipal
utility source, including water and sewer and electrical outlets on Municipal
property.
5. That the following section be added:
2.17 No person shall operate a refreshment vehicle which is motorized or
a towable trailer, that is not roadworthy or plated in accordance with the
Highway Traffic Act, R.S.O. 1190, c.H.,8.
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Refreshment Vehicle By-law Amendment (1) By-law
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6. That Section 3.10 be deleted and replaced with the following:
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 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.
3.10.3 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.
3.10.4 No sign or advertising device may be displayed, except in
accordance with the Sign By-law.
Structural requirements
3.10.5 Maintain Mobility of Refreshment Vehicle: No owner, operator,
or agent of a refreshment vehicle shall alter the interior or
exterior of the vehicle in a manner which would prohibit it from
being moved, whether propelled by a motor or by the
application of force by a person or animal. Every Located
Refreshment Vehicle shall be roadworthy and capable of
being moved and driven or towed on a highway upon 24
hours-notice by a By-law Enforcement Officer.
3.10.6 All structures or additions to the Located Refreshment Vehicle
site, including signs and structures designed to protect the
public from the elements while being served at the servicing
window, are subject to approval of the Chief Building Official
and shall be shown on the approved plan required pursuant to
Section 3.10.2. Such structures or additions shall:
a. be designed and constructed in a neat and
workmanlike fashion such that they do not detract
from the general appearance of the site
b. not inhibit the ability to move the vehicle upon notice;
and
c. the maximum area of all additions, in total, shall not
exceed one third (1/3) of the area occupied by the
Refreshment Vehicle itself.
3.10.7 Permanent electrical or other utility hook-ups are prohibited.
Per Section 2.16 No person shall connect a refreshment
vehicle directly to a Municipal utility source including water and
sewer. Connection to a water and sewer source on private
property are subject to the approval of the Chief Building
Official.
3.10.8 Storage Areas: No owner, operator or agent of a refreshment
vehicle shall permit the construction of a storage area for the
Refreshment Vehicle that is:
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Refreshment Vehicle By-law Amendment (1) By-law
By-law No. 2022 – 092
a. 3.04 metres by 3.04 metres (10 feet by 10 feet) in
size or more; or
b. located within 3 meters of the refreshment vehicle in
accordance with Section 2.13.
3.10.9 Patios and Decks: Any owner, operator or agent of a
Refreshment Vehicle Business shall ensure that:
a. Patios and decks constructed around any
Refreshment Vehicle do not exceed 0.60m (2 feet) in
height, 1.8m (6 feet) in depth or be longer than the
refreshment vehicle.
3.10.10 Seating areas: No owner, operator or agent of a refreshment
vehicle shall permit seating areas to encroach onto
neighboring properties or municipally owned property.
3.10.11 Where a refreshment vehicle operated lawfully and was
lawfully licensed immediately before by-law 2022 - took effect,
the owner or operator shall be exempt from sections 3.10.6
and 3.10.9 provided they can provide proof satisfactory to the
Clerk evidencing the structural alterations were in place prior
to the passage of this by-law.
7. That the following section be added as Section 3.14:
3.14 Site Specific Located Refreshment Vehicles on Municipal Property
3.14.1 The Municipality may from time to time designate specific
sites on municipal property where a located refreshment vehicle may
operate by agreement.
3.13.3
3.14.2 Fees for operating a site-specific located refreshment vehicle
shall be determined by agreement and are in addition to the required
licensing fee.
3.14.3 Designated municipal sites will be made available annually
using the municipality’s procurement process.
3.14.4 Refreshment Vehicles operating by agreement on municipal
property are exempted from sections 2.16 and 3.10.1 of this by-law.
8. That this By-law shall come into full force and effect at the time of its
passing.
9. That this By-law may be cited as the “Refreshment Vehicle By-law
Amendment (1) By-law”.
READ a FIRST and SECOND TIME this 9th day of May, 2022.
READ a THIRD TIME and FINALLY PASSED this 9th day of May, 2022.
Mayor Clerk