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HomeMy WebLinkAboutBy-law 1443B Y - L A W NO. 111.3. of the Municipal Corporation of the Township of Pickering. A By-law for licensing, regulating and governing hawkers, pedlars and petty chapmen, and oth,-r persons carr,yin; on petty trades in the Township of Pickering. BE IT ENACTED by the Municipal Councii of the Corporation of the Township of Pickering. 1. That subject to the provisions contained in Section NO-13 of this By-law, no person shall, within the said Township of Pickering, hawk or peddle roods, wares or merchandise for sale, or go from place to lace, or to other men's houses, on foot, or wit!i any animal, vehicle, boat, vessel or other craft, bearing or drawing goods, wares or merchandis for sale, or otherwise carry goods, wares or merchandise for sale, or go from place to place or to other men's houses to take orders for coal o; or gasoline or other oil, to be delivered afterwards from a tank car moved on a railway line, or ro from place to place to mace sales or deliveries of coal oil or other oils or gasoline from such tank car, without having first procured a license entitling him to do so under the provisions of this by-law. 2. Such license shall be issued by the Township clerk to every such hawker, pedlar, petty Chapman, or other person carryiflg on petty trade, or ,a,oing from place to place or otherwise as in the first section of this by-law mentioned, upon his pa7in,7 to the Treasurer of the Township of Pickering the proper license fee therefor, as herein provided, an(I producin7 to the Clerk of the said Township the Treasurer's receipt for such license fee; and every such license shall be signed by the Reeve and countersirrned 'uv the Clerk and the Corporate Seal shall be affixed thereto, and every such license shall express upon its face the period during which it shall be in force and shall be subject to the regulations and conditions hereinafter mentioned. 3. The sums to be paid for such licenses for the whole Township of Pickering; shall be as follows: livery person travelling on foot, the sum of $10.00. Every person; travellin-- nr: animal bearing- or drawing a burden the sum of ,20.00 and for every extra animal the sum of $500, (Five Dollars). Every person travelling by a motor passengQr car, the sum of $100.0 Every person travelling; by a light motor truck, the sum of 100.00 Every person t.ravellin- by a heavy motor truck, the sum of 100,00. Every person tradin7 with a boat or other craft and exposing for sale goods, wares or merchandise, for such boat or craft, the sum of '50.00. Provided, however, that in the case of an applicant for any such license being a person who has resided continuously within the Township of Pickeri for at least onevear prior to the application therefor, the license fee payable as noted above shall be reduced and abated to the extent of 90 per cent. 4. Every such license shall remain in force for one year from the date of its being issued, including the day of the date of the issuing thereof. 5. A license shall be required for each horse and vehicle, or each team of horses and vehicles, or motor vehicle so employed in hawking or peddling, or exercising any of the trades, calling or occupations mentioned or referred to in the first section of this by-law. 6. No such license shall be transfera:;le, nor shall it be used except by the person to whom it was originally issued, but providing, however, that the holder of one or more of such licenses may by a memorandum endorsed on such license and signed by him, authorize any one of his servants or employees named in such memorandum and whose signature is written on the margin opposite such memorandum of authority, to hawk, peddle or exercise any such trade, calling or occupation as aforesaid uhder such license durine the currency thereof. BY-LAW NO. 1143. Page No.2. 7. ?very holder -f a license under this By-law who allows his license to be used In contravention of this by-law may, upon conviction have his license forfeited by the convicting 'agistrate, in addition to being liable to the penalties hereinafter mentioned. 8. That it shall be the duty of the holder of every such license to exhibit the same to any peace officer or Magistrate of the County of Ontario, or to any officer or offic*ts appointed by the Council to enforce this by-law, or to any person to whom the holder thereof shall offer goods for sale, or to any ratepayer of the Township of Pickering, or to the holder of a license under this by-law, whenever the same shall be demanded, under a penalty of at least w1.00 and not more than $5.00 for every such offence, to be recovered as hereinafter provided. 9. Every person obtaining a license under the provisions of this by-law (except persons travelling, on foot) shall attach or cause to be attached on some conspicuous place on the animal, vehicle or vessel as the case may be, painted upon a piece of tin or other metal plate, or on the said vehicle or boat the words "Licensed Pedlar Pickering Township" and for neglect thereof shall be liable to the same fines, penalties and costs as may be imposed by this ay-law for the violation of Section 8 hereof; and any person continuing to exhibit the same after the expiry of his license, shall be liable to the same fines, penalties and costs as for violation of Section 8 hereof, to be recovered as hereinafter provided. 10. That in the event of any person offending against any of the provisions of this by-law, it shall be competent for and be the duty of every Constable, Peace Officer or other person being cognizant of such offence to make complaint thereof before any Justice of the Peace or Magistrate having jurisdiction within the said Township of Pickering. 11. Any person offending against any of the provisions of this by-law (except the provisions of Section 8 and 9) shall, on conviction by su-m ary conviction before any Magistrate having jurisdiction in the premises, be liable to be punished by a fine of not less than $10.00 and not exceeding $20.00 and the legal costs of prosecution, and on default of payment forthwith of the fine so inflicted and of the said coats, the said fine and costs shall be levied by distress and sale of the goods and chattels of the offender, and in case of there bean,- no distress found out of which the said fine and coats can be levied, such offender shall be liable to be punished by imprbonment in the County Gaol of the County of Ontario for any period not exceeding twenty-one days, with or without hard labor, unless such fine and costs, including the costs and charges of conveying such offender to the said County Gaol (the costs thereof being ascertained and stated in the conviction) are sooner paid. 12. That when any fine or penalty has been levied under this by-law one moiety or half part shall go and be paid to the inforkant or prosecutor, and the other moiety or one-half part thereof shall be paid to the Treasurer of this Corporation and constitute a part of the funds of the Corporation. 13. No such license as aforesaid shall be required for hawking, peddling or selling goods, wares or merchandise to a retail dealer, or for hawking, peddling or selling goods, wares or merchandise the growth, produce or manufacture of Ontario, not being liquors within the meaning of the Liquor Control Act, if the same are hawked, or peddled by the manufacturer producer of them, or by his bona fide servants or employees having written authority to do so; but such servant or employee shall exhibit his authority when required so to do by any municipal or peace officer, and in a prosecution for a breach of this by-law the onus of proving that he does not require to be licensed shall be upon the person charged. PASSED this eighth day of July, 1935- R. C. REESOR. Reeve DONALD R. BEATON, Clerk.