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HomeMy WebLinkAboutBy-law 5644/00THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5644/00 A by-law to amend By-law 1660/83 which regulates the retail sale of goods on highways by adding the authority to remove such goods. WHEREAS Town of Picketing By-Law #1660/83 prohibits any person from selling by retail any goods, wares or merchandise including produce, of any nature and kind, in any highway or on any vacant lot adjacent to any highway; and WHEREAS The Corporation of the Town of Picketing Council applied to the Legislative Assembly of the Province of Ontario for authority to pass by-laws permitting the Corporation to remove any object or thing placed on a public highway in contravention of said by-laws; and WHEREAS the Legislative Assembly of the Province of Ontario authorized the removal of such goods in the Town of Pickering Act, 1999, which received Royal Assent on December 23, 1999 and which is now in full force and effect; and WHEREAS the Town of Picketing became The Corporation of the City of Picketing on January 1, 2000, NOW THEREFORE, the Council of The Corporation of the City of Picketing HEREBY ENACTS AS FOLLOWS: 1. Section 4 of By-law 1660/83 is hereby deleted and the following is substituted therefor: 4. (1) A police officer, police cadet, municipal law enforcement officer, provincial offences officer or any person authorized to enforce this By- law, who has reason to believe that any object or thing referred to in section 2 is placed or left on a public highway under the jurisdiction of the Corporation in contravention of this By-law, may cause the object or thing to be removed and taken to and stored in a suitable place; (2) If there is a person in charge of the object or thing referred to in section 2, the person authorized to enforce the by-law shall produce appropriate identification and inform the person that the object or thing is on a public highway contrary to by-law and shall give a receipt to the person for the object or thing removed; (3) Subject to subsections (4) and (5), all costs and charges for the removal, care and storage of any object or thing referred to in section 2 of this By- law are a lien upon it which may be enforced by the Corporation in the manner provided by the Repair and Storage Liens Act; (4) Any object or thing, referred to in section 2 of this By-law, removed and stored in accordance with subsection (1) and not claimed by the owner within sixty (60) days, becomes the property of the Corporation and may be sold and the proceeds shall form part of the general funds of the Corporation; and Despite subsection (4), any object or thing, referred to in section 2 of this By-law, that is perishable becomes the property of the Corporation upon being removed in accordance with subsection (1) and may be destroyed or given to any charitable institution. Every person who contravenes any provision of this By-law is guilty of an offence, and upon conviction thereof, is liable to a fine of not more than that which is authorized by the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended. BY-LAW read a first, second and third time and finally passed this 3rd day of gprJ./~ 2000. Wayne Arthurs, Mayor Bruce Taylor, Clerk C1310