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HomeMy WebLinkAboutBy-law 2133BY-LAW NnIBER a 1 3 3 OF THE CORPORATION OF THE TOWNSHIP OF PICKERING being a by-law to license, regulate and govern hawkers and pedlars. BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of The Corporation of the Township of Pickering by the Council thereof as follows: 1. No person shall. go from place to place or to a particular place with goods, wares or merchandise for sale within the Township of Pickering or carry and expose samples, patterns or specimens of goods, wares or merchandise which are to be delivered in the municipality afterwards, without first obtaining a license under the provisions of this by-law. 2. The fee for a license under this by-law shall be: (a) q S"a•oofor a person with a motor vehicle; (b) $ 2 O.O0 for a person with a horse-drawn eehicle; (c) PO-av for a person with a pushcart or any other vehicle on wheels or runners drawn or propelled by human muscular power; (d) ?P to-oo for a person on foot with or without a basket, pack or valise. 3. A license 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. 4. Application for a license under this by-law shall be made in writing to the Clerk-Treasurer of the Township of Pickering on the form of application approved by the Council of the said Township and the fee for the license shall be paid to the said Clerk-Treasurer of the Township of Pickering. 5. No license shall be required for hawking, peddling or selling goods, wares or merchandise, (a) to wholesale or retail dealers in similar goods, wares Provided, however, that a resident of the Township of Pickering for the year preceding the date of application for a license 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 license. 2 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 manufacturer, 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. In a prosecution 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 licensed, shall be upon the person charged. 7. The licensee shall at all times while carrying on his business have his license 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, incur a penalty of not less than p1.00 or more than ia;5.00, $. If a peace officer demands the production of a license 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 to take him before the nearest justice of the peace, there to be dealt with according to law, 9. Any person who contravenes any provision of this by-law except as provided in section 7 shall upon conviction be liable to a 3 - penalty not exceeding $50.00 recoverable under The Surmnary Convictions Act. 10. By-laws Numbers 1443, 1461 and 1499 and all other by-laws of the Township of Pickering, the provisions of which are inconsistent with the provisions of this by-law, are hereby repealed. 11. This by-law shall come into force when the license L", fees provided herein have been approved by The Department of Municipal Affairs. By-law read a first, second and third time and finally passed this 7 .s AI P,th day of January, A. D. 1956. (f' I 7^? 1q e4 Reeve Clerk