THE CORPORATION OF THE TOWNSHIP OF CRAMAHE
BY-LAW NUMBER 02-08
BEING A BY-LAW TO REGULATE AND GOVERN THE DISPLAY
AND/OR SALE OF MERCHANDISE FROM TOWNSHIP
WHEREAS Section 210, paragraph 73 of the Municipal Act R.S.O. 1990, Chapter M.45, provides council may pass by-laws for prohibiting or regulating sales by retail in the highways or on vacant lots adjacent to them;
AND WHEREAS Section 234, paragraph 3 of the Municipal Act R.S.O. 1990, Chapter M.45 provides that councils may pass by-laws for prohibiting the sale of refreshments or confections upon a highway or part of it or in any public park;
AND WHEREAS the Corporation of the Township of Cramahe deems it expedient to license, regulate and govern the display and sale of merchandise, including goods, services and refreshments on public lands;
NOW THEREFORE the Council of the Corporation of the Township of Cramahe enacts the following:
1. For the purpose of this by-law the following definitions shall apply:
a) person shall mean every natural person, partnership, association or corporation.
b) highway, road or street are interchangeable terms and are meant to mean any public thoroughfare under the jurisdiction of the Township of Cramahe.
c) Municipality shall mean the Corporation of the Township of Cramahe.
d) vending machine means any device that dispenses a product after money has been accepted by the device and includes, but is not limited to, newspaper boxes, pop machines and candy machines.
2. Every person may offer for sale or sell property goods, wares, merchandise, refreshments or services on municipal streets including sidewalks and boulevards provided;
a) the property is within 4 (four) feet of the storefront in any direction during normal business hours, and entirely removes the display at the close of each business day
b) the property does not impede the flow of vehicular or pedestrian traffic in front of the store, or interfere with the visibility of motorists, c) the storeowner provides proof of third party liability insurance coverage with respect to the display in the amount of at least two million dollars
d) the storeowner provides satisfactory written indemnification to the Municipality for all damages including personal injury caused or contributed by the said display.
3. Notwithstanding the provisions of Section 2, store owners may be permitted to display merchandise beyond the set Jimft during a special sidewalk sale that has been organized by the local business owners, provided all merchandise is removed at the end of each business day.
4. Notwithstanding section 2(a), during the time period of November 1st to April 15th there shall be no property on the sidewalk immediately after or during a snowfall. The presence of any merchandise during said time will forfeit any plowing of snow that may need to take place where the property is located.
5. Every person may place a vending machine on Municipal lands provided;
a) the store owner, in writing, indemnifies and saves the Municipality, and all its officers and agents, harmless from all actions, claims and damages arising from injury to the machine or injury to third persons or their property without limiting the generality of the foregoing provides proof of third party liability insurance to the satisfaction (as to coverage and amount) to the Municipality.
b) the owners of each machine shall maintain the machine and keep it and the surrounding area in good, clean and tidy condition at all times
c) no machine shall be located on municipal property in the downtown core except in recessed entryways of buildings.
6. Any vehicle, machine or other material in violation of this by-raw will be removed, at the expense of the owner, by the Municipality withoUt notice or liability.
7. Any person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as established by the Provincial offences act and is recoverable under the same.
This By-Law comes into force on the day upon which it is enacted. Enacted and passed this 15th day of January, 2002.
Reeve, James L. Williams
Deputy Clerk, Trudy Merrill