Report to/Rapport au :
Emergency and
Protective Services Committee
31 May 2005 / le 31 mai 2005
Submitted by/Soumis
par : Steve Kanellakos, Deputy City Manager,
Community and Protective
Services / Directeur municipal adjoint,
Services communautaires et
de protection
Contact Person/Personne
ressource: Susan Jones,
Director,By-law Services
/Directrice,Reglements municipaux
580-2424, ext/poste 25536, Susan.Jones@ottawa.ca
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SUBJECT: |
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OBJET : |
That the Emergency and
Protective Services Committee recommend Council approve enactment of the
“Vendors on Highways By-law”, as outlined in Document 1, effective May 15,
2006.
Que le Comité des services de protection et d’urgence
recommande au Conseil municipal d’approuver la mise en vigueur à partir du
15 mai 2006 du « règlement concernant les vendeurs sur les voies
publiques », présenté dans le Document 1.
EXECUTIVE SUMMARY
Uniform city-wide controls on the sales of
foodstuffs and goods from highways are required to ensure public safety;
vehicular and pedestrian traffic flow; and highway maintenance standards.
The purpose of the proposed “Vendors on
Highways By-law” is to limit vending activities on or from city streets and
sidewalks and to expedite enforcement measures. Proposed regulations include:
-
A
general prohibition on vending from city streets and sidewalks;
-
Exemptions
to the general prohibition (Designated Spaces and City approved Special
Events);
-
Authority
to remove any object, equipment or vehicle placed or parked on any part of the
highway for the purpose of selling contrary to the by-law;
-
Authority
to store, dispose of, or sell the objects, equipment or vehicles; and
-
Authority
to recover costs related to the removal, storage and disposal of objects,
equipment or vehicles.
The proposed by-law provides for a general
prohibition that closely reflects Chapter Two of the former Regional Regulatory
Code, maintains highway-vending restrictions currently in place in most of the
former municipalities and recognizes existing exemptions that will allow for
vending to continue from approved specific spaces and at authorized special
events where conditions may be deemed suitable.
If
approved, licensees currently authorized to vend from streets and sidewalks in
the former City of Ottawa (and who do not hold a Designated Space Permit) may
be required to relocate their vending activities onto private property, or to
set up at a City approved designated street or sidewalk space within the
boundaries of former Ottawa. The process
to formally approve such spaces will be presented to the Emergency and
Protective Services Committee on August 25, 2005. The May 15, 2006, effective date for the proposed Vendors on
Highways By-law will give the Department time to meet with the affected
licensees to evaluate spaces and report back to Council for approval of
suitable spaces.
If adopted, the Vendors on Highway By-law and
related general prohibition would apply to the rural area, as was the case
under the former Regional Regulatory Code and most former municipal
by-laws. The proposed regulation would
not in any way affect vending activity occurring on private property. The current practice that has farmers
selling their own produce at the gate and off the road will continue to be permitted
without the requirement of a license.
There are no financial implications associated
with this report.
Il est nécessaire de régir la vente de denrées alimentaires et de
marchandises sur les voies publiques de façon uniforme dans tout le territoire
de la Ville afin d’assurer la sécurité du public et la circulation des
véhicules et des piétons ainsi que le respect des normes d’entretien des
routes.
Le
projet de « règlement concernant les vendeurs sur les voies
publiques » vise à limiter les activités de vente dans les rues et sur les
trottoirs de la ville et à accélérer l’application de mesures d’exécution du
règlement. Le règlement proposé comporte :
- une interdiction générale de vendre des marchandises dans les rues et sur les trottoirs de la ville;
- des exceptions (espaces désignés et manifestations spéciales approuvées par la Ville);
- le pouvoir d’enlever tout objet, équipement ou véhicule que l’on a placé ou garé en un endroit quelconque de la voie publique pour y pratiquer la vente au mépris du règlement;
- le pouvoir d’entreposer ou de vendre les objets, l’équipement ou les véhicules, et celui de s’en défaire;
- le pouvoir de récupérer les sommes engagées pour enlever ou entreposer les objets, l’équipement ou les véhicules, ou pour s’en défaire.
Le projet de règlement comporte une interdiction générale qui correspond de près au chapitre 2 de l’ancien Code de réglementation régional, maintient les restrictions relatives à la vente sur les voies publiques en place actuellement dans la plupart des anciennes municipalités et reconnaît les exceptions existantes grâce auxquelles il sera encore possible de vendre en des endroits approuvés précis et au cours de manifestations spéciales autorisées lorsque les conditions seront réputées convenir.
Si ce règlement est
approuvé, les titulaires de permis autorisés actuellement à vendre dans les
rues et sur les trottoirs de l’ancienne Ville d’Ottawa (et qui ne détiennent
pas de permis pour les emplacements désignés) pourront être tenus de
relocaliser leurs activités dans une propriété privée, ou de s’installer dans
une rue ou sur un trottoir désigné approuvé par la Ville dans les limites de
l’ancienne Ville d’Ottawa. Le processus d’approbation officiel de ces
emplacements sera présenté au Comité des services de protection et d’urgence le
25 août 2005. Le 15 mai 2006, date d’entrée en vigueur du
projet de règlement concernant les vendeurs sur les voies publiques, donnera au
Service le temps de rencontrer les titulaires de permis touchés afin d’évaluer
les emplacements et de faire rapport au Conseil municipal pour que celui‑ci
approuve les emplacements qui conviennent.
S’il est adopté, le règlement concernant les vendeurs sur les voies
publiques et l’interdiction générale connexe s’appliqueront à la zone rurale, comme
c’était le cas de l’ancien code régional et de la plupart des anciens
règlements municipaux. Le règlement proposé ne touchera absolument pas les
activités de vente se déroulant sur les propriétés privées. Les agriculteurs
pourront continuer comme en ce moment à vendre leurs produits à l’entrée de la
ferme et en retrait de la route sans avoir besoin d’un permis.
Le présent
rapport n’a aucune répercussion financière.
Section 11(1) of the Municipal Act of Ontario
enables municipalities to pass by-laws respecting highways, including parking
and traffic on highways.
The City has inherited from the former
municipalities various by-laws that restrict or regulate vending on public
highways. The Regional Regulatory Code
of the Old Regional Municipality of Ottawa-Carleton, Part 2.11 entitled “Street
Vendors” of Chapter Two, provides for a general prohibition on vending on most
Regional Roads, provides for exemptions to the prohibition and provides for
authority to remove, store and dispose of articles left on the highway contrary
to the Code.
Most municipalities prohibited vending from
streets or sidewalks, or required their Council’s approval for vending on the
highway. However, former Ottawa,
because of the limited private space in its downtown core, passed the
Designated Space Programme By-law to restrict street and sidewalk vending to
limited predetermined spaces and to establish a permit system and fees to
operate from those spaces. Outside the
downtown core some of the former municipal regulations provided opportunities
to issue a limited number of licenses to vend from any suitable non residential
street or sidewalk space subject to specific approval by Council on a license
by license basis.
To date the City has enacted several city-wide
By-laws relating to permitted highway uses to ensure that streets and sidewalks
are safe and secure, to help maintain optimal vehicle and pedestrian traffic
flow, and, to facilitate maintenance programmes. These include by-laws regulating Traffic and Parking, Road
Activity, Encroachment, Private Approaches, Signs on Roads, and the Use and
Care of Roads.
It is appropriate for the City to pass a by-law
to restrict and control vending from the highway.
Streets and sidewalks are designed primarily to
ensure safe, secure and optimal vehicle and pedestrian traffic flow. Other
essential uses include parking spaces, snow storage, drainage for storm water
and distribution networks for other essential services and utilities such as
garbage pick-up, water, electricity, natural gas, telephone, etc.
Secondary uses such as space for signs,
posters, patios, vending boxes, bike racks and other encroachments are strictly
regulated to minimize their impact on safety, traffic flow and maintenance
operations.
The vending of foodstuffs and goods from
streets or sidewalks is currently prohibited in most former municipalities.
Typically, vending is carried out on private property in accordance with
various licensing by-laws. The
Designated Spaces Programme By-law in effect within the former City of Ottawa
has proven successful in establishing an appropriate number of on-street and
on-sidewalk vending spaces that are both safe and suitably located.
Although the City does not encourage competing
or incompatible uses on its highways that are likely to create unnecessary
safety concerns, the Department does recognize the economic and social benefits
gained by regulating limited controlled accessory uses such as temporary
encroachments for patios; special events, temporary advertising signs; and
newspaper dispensing boxes.
The proposed, “Vendors on Highways By-law”
establishes a general prohibition related to vending on all highways. The prohibition is necessary to apply a
uniform city-wide prohibition and to facilitate effective enforcement and
control that will serve to ensure public safety, traffic flow and highway
maintenance standards.
If approved the “Vendors on Highways By-law”
will continue the practice of prohibiting itinerant type vending (foodstuffs
and goods) from taking place on any part of the highway system except as
permitted by the exemptions. The proposed general vending prohibition will
apply to all highways that are under the jurisdiction of the city.
For the purpose of the “Vendors on Highways
By-law”, highway includes the entire right of way of a common and public
highway, street, avenue, parkway, driveway, square, place bridge viaduct,
trestle designed and intended for, or used by, the general public for the
passage or vehicles and pedestrians.
Highway includes the sidewalks, roadways, medians, boulevards,
shoulders, and all other city owned property located between the private
property line on one side of the highway to the private property line on the
other side of the highway.
The proposed by-law prohibits any person from
selling, displaying, placing or leaving for the purpose of the sale of any
goods or refreshments on any part of a City highway, and prohibits any person
from placing, stopping, parking or leaving any object or vehicle for the
purpose of vending therefrom on any part of a City highway.
The prohibition does not, in any way, impact
vending activities taking place on or from private property or public property
where approval has been granted and where the specific vending activity is
permitted in accordance with various zoning by-laws.
The proposed Vendors on Highway By-law
authorizes employees of the Department to correct violations in a more timely
and expedient manner. Presently there
is no power to remove non-compliant property other than in the former City of
Ottawa under the authority of the Designated Spaces Programme By-law.
The proposed By-law provides for authority to remove,
store and dispose of, any goods or refreshments or any object or vehicle that
is placed, stopped, parked or left on the highway for the purpose of vending or
displaying goods or refreshments in contravention of the provisions of the
prohibition.
Such measures would be undertaken as a last
resort after efforts to obtain voluntary compliance have failed, where the
owner of the articles cannot be located, or where the violation is deemed to
create a danger to the public.
All costs and charges for the removal, care and
storage of any object or vehicle are a lien upon the object. The City may enforce the lien in the manner
provided by the Repair and Storage Liens Act, R.S.O. 1990, Chap. R.25, as
amended.
The Department recognizes the economic and
social benefits that some types of secondary highway uses can offer residents
and businesses. To ensure a suitable
balance the proposed by-law provides for a number of exemptions that allow
vending on highways where conditions are deemed appropriate as follows:
●
Spaces authorized under the Designated Spaces Programme (Applies
within Old Ottawa boundaries) Street vendors who hold a permit issued under
the former City of Ottawa Designated Spaces Programme By-law or who are exempt
from that by-law from holding such a permit may vend on a highway within the
by-law’s removal zone “downtown area” as defined by the Designated Spaces
Programme By-law Number 300-96.
●
Ice cream sales from pedal-powered vehicles- less than 10 minutes at
a location
Ice cream vendors selling from pedal-carts will
continue to be allowed to sell from the street or sidewalk provided they hold a
municipal license and do not remain at one location for more than 10 minutes at
a time. (Ice Cream sales from a motorized vehicle would not be permitted on or
from streets and ice cream vending from carts on sidewalks would not be
permitted, but both would be permitted to operate from private property subject
to Licensing regulations).
●
Sidewalk sales approved by a Business Improvement Area Association
The proposed by-law recognizes that a number of
Business Improvement Areas and other merchant associations may from time to
time conduct sidewalk sale events to promote their membership. Application and approval under the “Special
Event Permit By-law No. 2001-260” may be required allowing staff to evaluate
the proposed event and impose conditions to ensure that the event is conducted
in the best interest of the community.
●
Events permitted under the authority of a “Special Event Permit”
issued by Community and Protective Services
Similarly the City of Ottawa approves various
events that require the temporary closing of a street or several streets. These events include block parties, sporting
events, fundraisers and other major community or cultural festival events. The proposed by-law recognizes that vending
of refreshments and goods for gain or fundraising efforts are often part of the
events. The by-law would permit a person to sell at a specific event if the
person has obtained a license (if required under a Licensing By-law); has the
permission of the event promoter to sell at the event, and the event has
received a special event permit issued pursuant to the Special Events By-law
No. 2001-260.
The former City of Ottawa Licensing
By-law L6-2000, provides for limited vending on streets and sidewalks within
the boundaries of the former City of Ottawa, subject to licensing requirements
and regulations. A moratorium imposed
in the 1990s, ended the issuance of those licenses to original applicants. Those who currently hold such licenses are
allowed to renew their licenses from year to year.
The licenses allow licensees to operate from
any space on the highway (within old Ottawa) that meets the by-law’s locational
requirements (as long as it is outside of the “Removal Zone” ie the Downtown
Area as referred to in the Designated Spaces Programme By-law.) Of the 90 such licenses being
renewed 61of the license holders are using their licenses in conjunction with
an approved Designated Space. As it stands the remaining 29 licensees are free
to relocate to and from any on-street or on-sidewalk space (outside the
downtown core) at their discretion.
In order to provide
sufficient time to identify suitable additional designated spaces and to give
staff sufficient time to bring forward a report to Council to consider amending
the Designated Spaces Programme By-law which would give effect to new
designated spaces, the Department recommends that the effective date for the
proposed Vendors on Highway be set at May 15, 2006.
If approved,
licensees currently authorized to vend from streets and sidewalks in the former
City of Ottawa (and who do not hold a Designated Space Permit) may be required
to relocate their vending activities onto private property, or to set up at a
City approved designated street or sidewalk space within the boundaries of
former Ottawa. The process to formally
approve such spaces will be presented to the Emergency and Protective Services
Committee on August 25, 2005. The May
15, 2006, effective date for the proposed Vendors on Highways By-law will give
the Department time to meet with the affected licensees to evaluate spaces and
report back to Council for approval of suitable spaces.
Although not part of this report, the
department is likely to recommend in its August 25, 2005 report, that a permit
fee be charged to cover the use of the
newly approved designated spaces, as is the case with existing designated
spaces. The permit fee will be in addition to the
business license fee, which authorizes the licensee to operate from a street or
sidewalk space.
Approval of new on-street or on-sidewalk spaces
will entail a formal process that includes a review by staff and other agencies
to evaluate a number of conditions and variables to determine the risks and
potentials for safety concerns and disruptions. It may be part of the process to give businesses and residents in
the immediate area an opportunity to provide input. Approval of new spaces will be made based on criteria designed to
reduce the risks, nuisances or disruptions.
It is expected that the approval of
new spaces will take until January 2006 to finalize. The Department will
then bring forward a report recommending amendments to the Designated Spaces
Programme By-law to formally authorize the newly established designated street
and sidewalk spaces.
At its meeting of
October 13, 2004, Council approved establishment of a Task Force to review
homelessness issues including consideration of options to allow the sale of
newspaper concerning homelessness and other goods on downtown sidewalks.
The Task Force is
presently meeting on a monthly basis and is planning to report back to
Committee and Council later during the summer of 2005.
Subject
to approval by Committee and Council, the Task Force recommendations respecting
vending may be developed for implementation in May of 2006 (to coincide with
the timing of the vending amendments recommended by this report).
Nothing in this
report will prevent or preclude any vending recommendations put forward by the
Task Force on Homelessness and the Safe Streets Act.
If adopted, the Vendors on Highway By-law and related general prohibition would apply to the rural area, as was the case under the former Regional Code and most former municipal by-laws. The proposed regulation would not in any way affect vending activity occurring on private property.
In early December 2004, a “Public Consultation
– Request for Comments” relating to the proposed harmonization of licensing
requirements, fees and regulations was mailed to affected licensees and
Business Improvement Areas. On April
27, 2005, staff met representatives of various farmers’ markets and
agricultural fairs to present the new recommendations and to hear their
concerns. Staff presented the
recommendations at the May 26 Agricultural Affairs Committee. A notice of
public meeting appeared in the Ottawa Citizen, The Ottawa Sun and Le Droit on
May 13, 2005 and again on June 03, 2005, to inform the general public of the
June 9, 2005, Emergency and Protective Services Committee meeting considering
the proposed regulations. The newspaper notice requested that comments or
suggestions be submitted before May 31, 2005, and invited the public to attend
the EPS Committee meeting in person to speak to the recommendations. Stakeholders were also invited to attend a
public information meeting at Ben Franklin Place on June 2, 2005 to hear staff
present the proposed recommendations and to provide comments. Comments will be tabled at the EPS meeting
on June 9th.
There are no financial implications related to the approval of the recommendation.
Document 1 – Proposed Vendors on Highways
By-law
Community and Protective Services to administer. Corporate Services, Legal Services Branch, in consultation with the Community and Protective Services Department to process the proposed by-law to Council for enactment.
Document 1
BY-LAW NO. 2005 -
A
by-law of the City of Ottawa respecting vendors on highways.
The
Council of the City of Ottawa enacts as follows:
DEFINITIONS
1. In
this by-law,
“City”
or “City of Ottawa” means the municipal corporation known as the City of Ottawa
or the geographic area of the City of Ottawa, as the context requires;
“By-law
Officer” means a person appointed by Council to enforce the provisions of this
by-law and who may be referred to as an Inspector or Officer;
“Chief
of Police” means the Chief of Police of the Ottawa Police Service or authorized
subordinates or assistants;
“goods”
includes flowers, wares, merchandise, and fresh fruit and fresh vegetables;
"highway"
means a common and public highway, and includes any bridge, trestle, viaduct,
or other structure forming part of the highway and, except as otherwise
provided, includes a portion of a highway;
“pedal-powered
ice-cream vehicle” means a vehicle that is propelled by pedaling using leg
muscle power from which ice cream, ice milk or frozen water products are sold;
“public
markets” means the public markets established by the Markets By-law Number
191-95 of the old Corporation of the City of Ottawa”, as amended, and known as
By Ward Market and Parkdale Market, or any by-law enacted in substitution
therefor;
“refreshments”
includes food products and beverages sold for immediate consumption by the
public;
"roadway"
means that part of the highway that is improved, designed or ordinarily used
for vehicular traffic;
"sidewalk"
includes all such parts of a highway as are set aside by the City for the use
of pedestrians or used by the general public for the passage of pedestrians,
and includes the boulevard and a pedestrian walkway;
“street
vendor” means a person who goes from place to place on a highway or to a
particular place on a highway with goods or refreshments for sale by retail, or
who carries and exposes samples, patterns or specimens of any goods on the
highway for the purpose of sale or hire that are delivered in the City
afterwards, but does not include a person who sells to wholesale or retail
dealers similar goods or refreshments; and
“vehicle”
means a hand-powered or pedal-powered vehicle or motor vehicle or any other
vehicle from which refreshments, produce, goods, wares or merchandise are sold
or offered for sale.
STREET VENDING PROHIBITED
2. (1) No person shall sell, display, place or
leave for the purpose of sale any goods or refreshments on any part of a City
highway.
(2) No person shall place, stop, park or
leave any object or vehicle for the purpose of vending therefrom on any part of
a City highway.
EXEMPTIONS
3. Despite
Section 2, street vendors who hold a permit issued under the Designated Space
Programme By-law or who are exempted from holding such a permit may vend on
City roadways and sidewalks within the removal zone established under the
Designated Space Programme By-law.
4. Despite
Section 2, the following persons may vend on a City highway:
(a) a person vending from a power-pedaled ice
cream vehicle from which ice cream and frozen milk products are sold provided
that:
(i) the person holds a valid license to vend
from the power-pedaled ice cream vehicle issued by the City, and
(ii) the vehicle is not stopped in any location
for a period longer than ten (10) minutes,
(b) a person participating and selling in a
sidewalk sale sponsored by a Business Improvement Area or a merchant
association under authority of a special event
permit issued pursuant to the Special Events By-law No. 2001-260,
(c) a person vending at a Special Event authorized
under authority of a special event
permit issued pursuant to the Special Events By-law No. 2001-260 and who
holds a valid business license issued by the City,
(d) a person authorized to vend or operate from
City’s public markets,
(e)
a person authorized to vend or operate from
Spark Street Mall or an officially closed highway, and
(f)
a food
premises licensee with an encroachment permit for an outdoor patio issued pursuant
to the Encroachment By law No. 2003-446
5. Every
person who is permitted to vend on a City highway shall:
(a) conform, where applicable, to the Highway
Traffic Act, R.S.O. 1990, Chap. H.8, as amended,
(b) conform, where applicable, to the Traffic
and Parking By-law No. 2003-530 entitled “A by-law of the City of Ottawa
regulating traffic and parking on highways”, as amended,
(c) not interfere with the normal movement of
pedestrian or vehicular traffic or the maintenance of the sidewalks or highways
in the City,
(d) comply at all times with all other applicable
by-laws, regulations and conditions,
(e) ensure that all articles, equipment or
vehicles used in the business are removed from the highway from 11:00 p.m. to
6:00 a.m. of the next day, and
(f) if so directed by a By-law Officer or
peace officer immediately remove all objects, goods, refreshments, equipment or
vehicles used in the business upon being so directed, and to keep such objects,
goods, refreshments, equipment or vehicles off the highway until such time as
is directed.
REMOVAL
6. Any
By-law Officer or peace officer authorized to enforce this by-law who has
reason to believe that:
(a) any object or vehicle is placed, stopped,
parked or left in contravention of this by-law, or
(b) any goods or refreshments or any object or
vehicle used to display them are displayed, placed or left in contravention of
the provisions of this by-law,
may, upon producing proper
identification, and after informing the person, if any, in charge of the
object, vehicle, goods, or refreshments of the contravention of this by-law,
cause the object, vehicle, goods or refreshments to be moved and stored in a
suitable place.
7. Section
6 does not apply to motor vehicles displaying a valid number plates issued
under the said Highway Traffic Act of Ontario or the law of another
jurisdiction.
8. All
costs and charges for the removal, care and storage of any object or vehicle
under this by-law are a lien upon it which may be enforced by the City in the
manner provided by the Repair and Storage Liens Act, R.S.O. 1990, Chap. R.25,
as amended.
9. Any
perishable object in the object or vehicle removed from the highway is the
property of the City upon being removed and may be destroyed or given to a
charitable institution.
10. An
object or vehicle removed and stored in accordance with Section 6 and not
claimed by the owner within 30 days is the property of the City and may be sold
and the proceeds form part of the general funds of the City.
11. The
City shall not be responsible for damage to or loss to objects or vehicles
removed from a highway.
12. The
City shall not assume any responsibility for any loss of revenue as a result of
the removal and storage of the object or vehicle.
ENFORCEMENT
13. This
by-law shall be enforced by By-law Officers and the Chief of Police.
OFFENCES AND PENALTIES
14. (1) Every person who contravenes any of the
provisions of this by-law is guilty of an offence.
(2) Every person who is convicted of an
offence under this by-law is liable to a fine as provided for in the Provincial
Offences Act, R.S.O 1990, Chap. P. 33, as amended.
(3) When a person has been convicted of an
offence under this by-law,
(a) the Ontario Court of Justice, or
(b) any court of competent jurisdiction
thereafter,
may,
in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or
repetition of the offence by the person convicted.
SHORT TITLE
15. This
by-law may be referred to as the “Vendors on Highways By-law”.
REPEAL
16. Part
2.11 entitled “Street Vendors” of Chapter Two of the Regional Regulatory Code
of the Old Regional Municipality of Ottawa-Carleton, as amended, is
repealed.
EFFECTIVE DATE
17. This
by-law shall come into effect on the 15th day of May, 2006.
ENACTED
AND PASSED this day of
CITY
CLERK MAYOR