HomeMy WebLinkAboutBy-law 3239 THE CORPORATION OF THE TOWNSHIP OF PICKERING
BY-LAW NUMBER 3239
Being a By-law to license, regulate
and govern Hawkers and Pedlars and
to repeal By-law Number 2133
WHEREAS R.S.O. Chapter 249, Section 399, Subsection 1.
provides for the licensing of Hawkers and Pedlars by a municipal
corporation.
AND WHEREAS it is deemed expedient by the Corporation
of the Township of Pickering to license such Hawkers and Pedlars.
NOW THEREFORE the Council of the Corporation of the
Township 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 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.
(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. 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 license 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,
pack or valise.
(E) Provided, however, that a resident of the Township of
Picketing for the year preceding the date of applica-
tion 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
above, as his fee for said license.
3.(A) THAT 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.
THAT every person so licensed shall receive with each
license a metal plate issued by the Township of Pickering
bearing an identifying number and shall at all times
keep such plate securely and prominently affixed to the
front portion and on the outside of the vehicle in
respect of which the smme was issued.
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THAT an application for a license under this By-law
shall be made in writing to the By-law Enforcement
Officer of the Township of Picketing on the form of
application approved by the Council of the Corporation
of the Township of Pickering and the fee for the
license shall be paid to the Treasurer of the Township
of Picketing.
5. THAT no license 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 busi-
ness tax in the municipality in respect of premises
used for the sale of such goods, wares or merchandise.
6. THAT every owner or operator licensed 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 TownsMp of Pickering except during the
times between sunrise and sunset on any day.
?.(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
license may be issued in the name of one partner only,
but when the application for license 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 license and upon the issue, renewal,
transfer, cancellation or suspension thereof, the
value of a license shall be the property of the
Township of Picketing.
THAT 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.
9- THAT 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, be guilty of an offence,
and on summary~conviction be liable to a penalty or
not less than $1.OO or more than $5.00.
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10. THAT 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 take him
before the nearest justice of the peace, there to be
dealt with according to law.
11. THAT any person who contravenes any provision of this
By-law except as provided in Section ? shall upon
conviction be liable to a penalty not exceeding $50.00
recoverable under The Summary Convictions Act.
12. THAT By-law Number 2133 is hereby repealed.
13. This By-law shall come into force when the license
fees provided herein have been approved by the
Department of Munic±pal Affairs.
READ a FIi[ST and SECOND time this 16th day of January,
Clerk
READ a THIRD time and PASSED this ~-~' day of z~2~~ 1967.