BYLAW - Roadside Sales Reenactment - 20051213 - 473905PTHE CORPORATION OF THE TOWN OF AURORA
By-law Number 4739·05.1'
BEING A BY-LAW to prohibit the
undertaking of roadside sales.
WHEREAS the provisions of Section 11 (1) of the Municipal Act, R.S.O., 2001, as
amended, authorizes the Town of Aurora to enact by-laws to prohibit and regulate
activities on the highways within the municipality;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPOAATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
Definitions
1. In this By-law:
(a) "dairy and related products" means milk or cream based products or artificial
substances commonly associated therewith;
(b) "highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place bridge, viaduct or trestle, designed and intended for, or used
by, the general public for the passage of vehicles;
(c) "licence" means a business licence issued by The Corporation of the Town of
Aurora pursuant to the Municipal Act;
(d) "motor vehicle" includes an automobile, motorcycle, motor assisted bicycle and
any other vehicle propelled or driven otherwise than by muscular power;
(e) "non-motorized vehicle" means a vehicle propelled or driven by muscular
power;
(f) "person" means a natural individual, including women as well as men and
includes their heirs, executors, administrators, or other legal representative of such
person to whom the context can apply according to law, as well as artificial beings
such as corporations; and
(g) "refreshments" means food or drink.
Prohibited Activity
2. Subject to the provisions of Sections 3, 4 and 5 hereof, no person shall hawk,
peddle or sell goods, produce, wares, merchandise, confections foodstuffs or
refreshments from any location within the boundaries of the Town of Aurora:
i) within or along the side of a highway, whether or not such highway is under the
jurisdiction of the Province of Ontario or The Corporation of the Town of Aurora, or
ii) from a vacant lot along a highway, whether or not such highway is under the
jurisdiction of the Province of Ontario, The Regional Municipality of York or The
Corporation of the Town of Aurora.
By-law Number 4739-05.P
Page 2 of2
3. Nothing herein shall prohibit the hawking, peddling or selling of goods, produce,
wares, merchandise, foodstuffs or refreshments from a private property along a
highway provided the person undertaking such an operation is the lawful owner or
tenant of such property and that person carries on a full-time commercial business
thereon related to the hawking, peddling or selling of such goods, produce, wares,
merchandise, foodstuffs or refreshments.
4. Nothing herein shall prohibit the selling of dairy and related products from a non-
motorized vehicle provided a licence therefore has been obtained from The
Corporation of the Town of Aurora.
5. Nothing herein shall prohibit the selling of foodstuffs or refreshments from a motor
vehicle, provided a licence therefore has been obtained from The Corporation of the
Town of Aurora and such motor vehicle goes from place to place and does not
remain in one place, while hawking, peddling or selling, for a length of time in excess
of 15 minutes.
Licensing
6. No licence shall be issued to any person for the hawking, peddling or selling of
goods, produce, wares, merchandise, foodstuffs or refreshments in contravention of
this By-law.
Offence
7. Any person who contravenes any provision or requirement of this By-law is guilty
of an offence and, upon conviction, pursuant to the Provincial Offences Act R.S.O.
1990 c.P.33 (as amended} is liable to the maximum set out therein.
8. The provisions of this By-Law shall come into force and effect upon final passage
thereof.
9. By-law 3393-92 is hereby repealed.
READ A FIRST AND SECOND TIME THIS 13th DAY OF DECEMBER 2005.
READ A THIRD TIME AND FINALLY PASSED THIS 13th DAY OF DECEMBER 2005.
TOWN CLERK