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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. 2 By-law ~3239 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. - 3 - By-law #323? 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.