BYLAW - Aurora Farmers Market and Artisans Fair - 20100622 - 525210THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5252-10
BEING A BY-LAW to provide
for establishing, maintaining,
operating and regulating the
Aurora Farmers Market and
Artisans Fair.
WHEREAS section 113 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, provides that a local municipality may (a) establish, maintain and
operate a farmers market, a flea market and other similar types of markets;
and (b) regulate a farmers market, a flea market and other similar types of
markets of any person including regulating the hours of operation of a market;
AND WHEREAS a farmers market provides a marketing opportunity to local farmers,
growers, 'producers, artists and crafts people to increase consumption of local
products and to benefit the local economy;
NOW THEREFORE the Council of The Corporation of the Town of Aurora hereby
deems it necessary and expedient to enact as follows:
1.0 Definitions
1.1 "AFM Committee" means the Aurora Farmers Market and Artisan Fair
Executive Committee;
1.2 "Certificate of Approval' means a certificate issued by the AFM Committee
stating the permit applicant is an eligible vendor, having met all membership
requirements of the Market;
1.3 "Director" means the Director of the Building and By-law Services Department
or her or his designate;
1.4 "Market" means the Aurora Farmers Market and Artisans Fair;
1.5 'Permit' means a permit issued by the The Corporation of the Town of Aurora
to a Vendor for a Stall;
1.6 "Stall' means the rental of a Full Season Double, Full Season Single, Special
Events and/or Single Day Stall for which a permit has been issued by the
Town;
1.7 'Town" means The Corporation of the Town of Aurora;
1.8 "Vendor" means a Vendor at the Aurora Farmers Market and Artisans Fair.
2.0 Location
The Market shall be located on Wells Street between Mosley , Street and
Metcalfe Street and in Town Park.
3.0 Market Days and Hours of Operation
The Market shall be held on Saturdays, subject to the following:
(a) the Market shall operate from 8:00 a.m. to 1:00 p.m.;
(b) the Market shall commence operation in the month of May of each
year, on a date to be determined by the AFM Committee; and
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(c) the Market shall cease operations in the month of October of each
year, on a date to be determined by the AFM Committee.
4.0 Permit Requirement
4.1 No person shall offer for sale any produce, food items, products, goods or
wares without first obtaining a Permit from the Town as set out in paragraph
5.0 of this By-law.
4.2 The Director, in her/his sole discretion, reserves the right to refuse the
issuance or renewal of a Permit on behalf of the Town.
5.0 Administration and Permits
(a) Every Vendor shall complete a Permit application as provided by the
Town and shall pay the applicable fee set by the Town, which fee shall
be set out in Schedule "A" of this By-law;
(b) Every Vendor shall supply a current year Certificate of Approval from
the AFM Committee with their Permit application;
(c) Permits shall be obtained by every Vendor each year prior to operating
a Stall at the Market;
(d) Permits are not transferable;
(e) Vendors shall be provided space based on the terms of their Permit;
(f) The Market shall provide the Town with a Certificate of Insurance
indicating comprehensive general liability insurance in an amount of no
less than Five Million Dollars ($5,000,000.00). Such insurance shall be
in effect for the duration of the Market season as set out in paragraph
3.0 and shall name the Town as an additional insured party;
(g) The AFM Committee shall maintain a membership with Farmers
Markets Ontario and comply with all terms and conditions of that
Membership; and
(h) The AFM Committee shall provide the Town with proof of its
membership with Farmers Markets Ontario on an annual basis.
6.0 Market Sales
6.1 No Vendor shall sell, offer for sale or expose for sale any produce, food items,
products, goods or wares at the Market except the following:
(a) agricultural and horticultural products;
(b) handicrafts and crafts;
(c) home -baked goods;
(d) meat or cheese products;
(e) eggs; and
(f) prepared food and/or refreshments
6.2 No Vendor shall sell items unless the Vendor produces, makes or grows 70%
or more of the produce, food items, products, goods or wares offered for sale.
6.3 Section 6.2 of this By-law shall not apply to Vendors who solely sell, offer for
sale or expose for sale any prepared food and/or refreshments under section
6.1 (f) of this By-law.
6.4 No Vendor shall offer for sale any live animal, including any live dogs, cats,
birds, fish or reptiles at the Market.
7.0 Vendor Responsibilities
7.1 Vendors shall comply with the applicable provisions of the Health Protection
and Promotion Act, R.S.O. 1990, c. H.7, as amended, and the applicable
regulations made under that Act.
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7.2 Vendors shall keep their Stall in a clean and orderly state and shall leave it
clean and free of litter.
7.3 No Vendor shall operate an independently motorized vehicle in the Market
during such times as the Market is open.
8.0 Offence
Any person who contravenes any section of this By-law shall be guilty of an
offence and on conviction is liable to a penalty as prescribed for in the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
9.0 Seuerability and Conflict
If any provision or part of a provision of this By-law is declared by any court or
tribunal of competent jurisdiction to be illegal or inoperable in whole or in part,
or inoperative in particular circumstances, the balance of this By-law, or its
application in other circumstances, shall not be affected and shall continue to
be in full force and effect.
10.0 ShortTitle
This short title of this By-law is the Aurora Farmers Market and Artisans Fair
By-law.
11.0. Repeal
By-law 5125-09.is hereby repealed.
READ A FIRST AND SECOND TIME THIS 22TH DAY OF JUNE, 2010.
READ A THIRD TIME AND FINALLY PASSED THIS 22TH DAY OF JUNE, 2010.
PHYLLIS M. MORRIS, MAYOR
JOHN D.LM.#CH, TOWN CLERK
Appowdes to fww
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Schedule "A"
Fees
Stall Permit $75.00 per season or part thereof
Special Events Permit $75.00 per season or part thereof
Single Day Permit $35.00 per day or part thereof