HomeMy WebLinkAboutBy-law 193/75THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NUMBER 193/75
Being a By-law to licence, regulate
and govern Hawkers and Pedlars and
to repeal By-law Number 3239.
WHEREAS R.S.O. 1970, Chapter 284, Section 381, Subsection 1
provides for the licencing of Hawkers and Pedlars by a municipal
corporation.
AND WHEREAS it is deemed expedient by the Corporation of the
Town of Pickering to licence such Hawkers and Pedlars.
NOW THEREFORE the Council of the Corporation(of the Town of
Pickering enacts as follows:
1.(A) THAT no person shall go from place to place
or to a particular place with goods, wares or
merchandise for sale within the Town of
Pickering, or carry and expose samples, patterns
or specimens of goods, wares or merchandise wHch
are to be delivered in the municipality afterwards,
without first obtaining a licence under the
provisions of this By-law.
(B) THAT notwithstanding anything contained in this
By-law no person shall sell candy, peanuts, ice
cream or ice cream cones from a basket or wagon,
cart or other vehicle upon any highway or part
of it, or in any public park or other public
place without the approval of Council. Provided
that this section shall not apply to a farmer,
market gardener or other person selling or
delivering goods at any place of business or
residence upon such highway or part thereof.
2. THAT the fee for a licence under this By-law
shall be:
(A) $50.00 for a person with a motor vehicle.
(B) $20.00 for a person with a horse-drawn vehicle.
(C) $10.00 for a person with a pushcart or any
other vehicle on wheels or runners drawn or
propelled by human muscular power.
(D) $10.00 for a person on foot with or without a
basket or pack or valise.
(E) Provided, however, that a resident of the Town
of Pickering for the year preceding the date of
application for a licence hereunder, shall only
be required to pay 20% of the amount which may
be applicable under the appropriate provision of
(A), (B), (C) or (D) above, as his fee for said
licence.
3.(A) THAT $ licence issued under this By-law shall be valid
only from the date of its issue until December 31st
of the year of its issue and shall not be transferable.
(B) THAT every person so licenced shall receive with each
licence a metal plate issued by the Town of Pickering
bearing an identifying number and shall at all times
keep such place securely AND PROMINENTLY affixed to
the front portion and on the outside of the vehicle
in respect of which the same was issued.
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4. THAT an application for a licence under this By-law
shall be made in writing to the By-law Enforcement
Department of the Town of Pickering on the form of
application approved by the Council of the Corporation
of the Town of Pickering and the fee for the licence
shall be paid to the Treasurer of the Town of Pickering.
5. THAT no licence shall be required for hawking, peddling
or selling goods, wares or merchandise.
(A) To wholesale or retail dealers in similar goods, wares
or merchandise, or
(B) If the goods, wares or merchandise are grown, produced
or manufactured in Ontario and are hawked, peddled or
sold by the grower, producer or manufacturer or his
agent or employee having written authority so to do,
in the municipality in which the grower, producer or
manufacturer resides, or
(C) If the goods, wares, or merchandise are grown or
produced by a farmer resident in Ontario who offers for
sale or sells only the produce of his own farm, or
(D) If the goods, wares or merchandise are hawked, peddled
or sold by a person who pays business tax in the
Municipality, or by his employee, or by his agent, or
(E) If the goods, wares or merchandise are hawked, peddled
or sold by an agent of the grower, producer or manu-
facturer, acting on behalf of a dealer who pays business
tax in the municipality in respect of premises used
for the sale of such goods, wares or merchandise.
6. THAT every owner or operator licenced under this By-law
shall not engage in or carry on his calling by passing
from house to house or along streets or lanes in the
area of the Town of Pickering except during the times
between sunrise and sunset on any day.
7.(A) THAT where two or more persons carry on or engage in
partnership in any kind of the trades, callings,
businesses or occupations governed by this By-law, the
licence may be issued in the name of one partner only,
but when the application for licence is made the name
and address of each member of the partnership shall
be set out therein.
(B) THAT no person shall enjoy a vested right in the
continuance of a licence and upon the issue, renewal,
transfer, cancellation or suspension therof, the
value of a licence shall be the property of the Town
of Pickering.
8. THAT in a presecution for a breach of this By-law the
onus of proving that he does not for any of the reasons
mentioned in Section 5 above, require to be licenced,
shall be upon the person charged.
9. THAT the licencee shall at all times while carrying on
his business have his licence with him and shall upon
demand exhibit it to any municipal or peace officer, and
if he fails to do so, shall, unless the same is
accounted for satisfactorily, be guilty of an offence,
and on summary conviction be liable to a penalty of
not less than $1.00 or more than $5.00.
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10. THAT if a peace officer demands the production of a
licence by any person to whom this By-law applies and
the demand is not complied with, it shall be the duty
of the peace officer, and he shall have power to
arrest such person without a warrant and take him
before the nearest justice of the peace, there to be
dealt with according to the law.
11. THAT any person who contravenes any provision of this
By-law except as provided in Section 9 shall upon
conviction be liable to a penalty not exceeding $300.00
recoverable under The Summary Convictions Act.
12. THAT By-law Number 3239 is hereby repealed.
13. This By-law shall come into force when the licence
fees provided herein have been approved by the
Ministry of Treasury, Economics and Intergovernmental
Affairs.
By-law read a First, Second and Third Time and PASSED this 74
day of ;,JUI , 1975.
Mayor
3
Clerk