BYLAW - Aurora Farmers Market and Artisans Fair Bylaw - 20180626 - 609218The Corporation of the Town of Aurora
By-law Number 6092-18
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 on June 22, 2010, the Council of The Corporation of the Town of Aurora
(the "Town") enacted by By-law Number 5252-10 to provide for establishing,
maintaining, operating and regulating the Aurora Farmers Market and Artisans Fair;
And whereas the Council of the Town deems it necessary and expedient to repeal By-
law Number 5252-10 and to enact a new by-law to provide increased flexibility for the
operation of farmer and other markets, with respect to the hours, dates, and location
allowing for markets to participate at Town special events and sanctioned activities;
Now therefore the Council of The Corporation of the Town of Aurora hereby enacts
as follows:
1. Definitions
1.1 In this by-law, the following words have the following meanings:
(a) "AFM Committee" means the Aurora Farmers Market and Artisan Fair
Executive Committee;
(b) "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;
(c) "Director" means the Director of the Corporate Services Department or
her/his designate;
(d) "Market" means the Aurora Farmers Market and Artisans Fair;
(e) "Municipal Law Enforcement Officer" means a person appointed by
Council as a Municipal Law Enforcement Officer;
(f) "Permit" means permission or authorization given in writing by the
Director issued to a Vendor for a Stall;
(g) "Stall" means a booth or stand in which merchandise is displayed for sale,
or in which business in relation to the Farmers Market is carried out, for
which a permit has been issued by the Town;
(h) "Town" means The Corporation of The Town of Aurora and/or the area
located within the geographical limits of the Town of Aurora, depending on
the context of the provision in which the term appears; and
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(i) "Vendor" means a vendor operating at the Aurora Farmers Market and
Artisans Fair.
2. Interpretation
2.1 The part and section headings contained throughout this document are for
reference purposes only and do not form a part of this by-law. This by-law is to
be interpreted without reference to such headings.
2.2 Where there is a conflict of the provisions between this by-law and any other by-
laws of the Town with respect to farmers markets, flea markets or other similar
types of markets, the provisions of this by-law shall prevail.
3. Administration of this by-law
3.1 The Director is responsible for administering this by-law and shall be delegated
the authority to:
(a) receive applications and fees established under this by-law;
(b) enter into agreements on behalf of the Town pursuant to this by-law;
(c) issue, renew, cancel, revoke or decline to issue, Permits; and
(d) impose conditions on permits in accordance with this by-law.
3.2 The Director and Municipal Law Enforcement Officers of the Town are hereby
delegated the authority to enforce this by-law, including the authority to conduct
inspections pursuant to this by-law, the Municipal Act, as amended, and any
other enacted applicable by-law or legislation.
3.3 The Director is authorized to delegate responsibilities for the administration and
enforcement of this by-law to any Town staff or external third parties deemed to
be qualified and appropriate by the Director for such purposes.
4. Location
4.1 The Market shall be located on Wells Street between Mosley Street and Metcalfe
Street and in Town Park.
4.2 Notwithstanding section 4.1, the Market may be partially or wholly located at an
alternate location within the Town on a temporary basis provided that the AFM
Committee has received the prior written consent of the Director.
5. Market Days and Hours of Operation
5.1 The Market shall be held on Saturdays, subject to the following:
(a) the Market may operate from 8:00 a.m. to 1:00 p.m.;
(b) the Market may commence operation in the month of May of each year,
on a date to be determined by the AFM Committee; and
(c) the Market shall cease operations in the month of October of each year,
on a date to be determined by the AFM Committee.
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5.2 Notwithstanding section 5.1, the Market may operate at an alternative date and
time if prior written consent is provided by The Director and all other provisions of
this by-law are complied with.
6. Prohibitions
6.1 This by-law does not apply to:
(a) sales of produce, food items, products, goods or wares from locations that
are permanent, continuous and zoned for such activities; and
(b) activities or matters undertaken by the Town or a local board of the Town.
6.2 Subject to section 6.1, no person shall offer for sale any produce, food items,
products, goods or wares except in compliance with this by-law and any terms
and conditions of an applicable Permit.
6.3 Subject to section 6.1, no person shall offer for sale any produce, food items,
products, goods or wares without first obtaining a Permit from the Town pursuant
to this by-law.
7. Market Sales
7.1 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.
7.2 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.
7.3 Section 7.2 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 7.1 (f) of
this by-law.
7.4 No Vendor shall offer for sale any live animal, including any live dogs, cats, birds,
fish or reptiles at the Market.
8. Permit Requirements and Administration
8.1 All Permit applications must be completed in full, and all required
supporting documentation provided, prior to the issuance of a Permit.
8.2 A permit shall only be issued after approval of the application by the Director or a
person appointed by the Director.
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8.3 All permits shall be subject to the conditions imposed by the Director pursuant to
this by-law.
8.4 To obtain a permit pursuant to this by-law, an applicant shall provide the
following:
(a) a completed application in a form as prescribed by the Director from
time to time;
(b) the application permit fee as established in Schedule "A", as it may be
amended from time to time;
(c) proof of insurance in an amount and form satisfactory to the Director
from an insurer licensed in the Province of Ontario;
(d) a current year Certificate of Approval from the AFM Committee
8.5 Permits shall be valid for one (1) operational year.
8.6 Permits are not transferable, unless otherwise indicated.
8.7 Vendors shall be permitted to operate in the space allocated and based on the
terms of their Permit.
9. AFM Committee Responsibilities
9.1 The AFM Committee shall maintain a membership with Farmers Markets Ontario
and comply with all terms and conditions of that membership.
9.2 The AFM Committee shall provide the Town with proof of its membership with
Farmers Markets Ontario on an annual basis.
10. Vendor Responsibilities
10.1 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.
10.2 Vendors shall keep their Stall in a clean and orderly state and shall leave it clean
and free of litter.
10.3 No Vendor shall operate an independently motorized vehicle in the Market during
such times as the Market is open.
11. Power of Entry, Inspections, Prohibitions
11.1 The Town may at any reasonable time enter upon any land for the purpose of
carrying out an inspection to determine whether the following are being complied
with:
(a) this by-law;
(b) any direction or order under this by-law;
(c) any condition on a Permit issued under this by-law; or
(d) an order issued under section 431 of the Municipal Act.
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11.2 Where an inspection is conducted pursuant to this section, the Town may:
(a) require the production for inspection of documents or things relevant to the
inspection;
(b) inspect and remove documents or things relevant to the inspection for the
purpose of making copies and extracts;
(c) require information from any person concerning a matter related to the
inspection; and
(d) alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
11.3 No person shall hinder or obstruct or attempt to hinder or obstruct the Town, its
employees, officers or agents from carrying out any powers or duties under this
by-law.
11.4 No person shall contravene any order or direction issued by the Town pursuant
to this by-law or the Municipal Act.
11.5 Where an authorized officer has reasonable grounds to believe that an offence
has been committed by any person, the authorized officer may require the name,
address and proof of identity of that person, and the person shall supply the
required information.
11.6 No person shall decline or neglect to give, produce or deliver any access,
information, document or other thing that is requested by the Town pursuant to
this by-law.
11.7 No person shall knowingly make, participate in, assent to or acquiesce in the
provision of false information in a statement, affidavit, application or other
document prepared, submitted or filed under this by-law.
12. Order
12.1 Where the Director or any Municipal Law Enforcement Officer is satisfied that a
contravention of this by-law or a permit has occurred, such Director or Municipal
Law Enforcement Officer may make an order requiring that the person who
caused or permitted such contravention, or the owner or occupier of the land on
which the contravention occurred, to discontinue the contravening activity and/or
to do work to correct the contravention.
12.2 An order pursuant to section 12.1 shall set out the following:
(a) the municipal address and/or the legal description of the land or premises
on which the contravention occurred;
(b) reasonable particulars of the contravention;
(c) what is required of the person subject to the order;
(d) the date by which there must be compliance with the order and/or, if any
work is ordered, the date by which any such work must be done;
(e) if any work is required to be done, a statement that if such work is not
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done in compliance with the order and within a specified time period, the
Town will have the work done at the expense of the person directed or
required to do it; and
(f) information regarding the Town's contact person.
12.3 An order pursuant to section 12.1 shall be deemed to have been received upon:
(a) personal service of the order to the person being served;
(b) the day after posting a copy of the order on the land on which the
contravention took place; or
(c) the fifth (5t") day after the order is sent by registered mail to the last known
address of the owner of the land on which the contravention took place or
the last known address of any other person in contravention of this by-law.
13. Remedial Action and Cost Recovery
13.1 Wherever this by-law or an order issued under this by-law directs or requires any
matter or thing to be done by any person within a specified time period, in default
of it being done by the person directed or required to do it, the action may be
taken under the direction of the Director or a Municipal Law Enforcement Officer
at that person's expense and the Town may recover the costs incurred through a
legal action or by recovering the costs in the same manner as taxes.
13.2 For the purposes of taking remedial action under section 13.1, the Town, its staff
and/or its agents may enter, at any reasonable time, upon any lands on which a
default to carry out a required thing or matter occurred.
14. Offence
14.1 Every person who contravenes any provision of this by-law is guilty of an offence
and on conviction is liable to a fine as provided for in the Provincial Offences Act
R.S.O. 1990, c. P. 33.
14.2 Pursuant to subsection 429(2) of the Municipal Act, all contraventions of this by-
law or orders issued under this by-law are designated as multiple offences and
continuing offences. A multiple offence is an offence in respect of two (2) or more
acts or omissions each of which separately constitutes an offence and is a
contravention of the same provision of this by-law.
14.3 In addition to fines under this section, a person convicted of an offence under this
by-law may be liable to a special fine in the amount of the economic advantage
or gain that such a person obtained from the contravention of this by-law.
15. General Provisions
15.1 If a court of competent jurisdiction declares any provision, or any part of a
provision, of this by-law to be invalid or to be of no force and effect, it is the
intention of the Town in enacting this by-law that such provision or part of a
provision shall be severable, and such a decision shall not affect the validity of
the remaining sections, subsections, clauses or phrases of this by-law.
15.2 The following Schedules attached to this by-law form and are part of this by-law;
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(a) Schedule "A" — Fees.
15.3 This by-law shall be referred to as the "Aurora Farmers Market and Artisans Fair
By-law".
15.4 By-law Number 5252-10, as amended, is hereby repealed.
15.5 This by-law shall come into full force and effect on the date of final passage
hereof.
Enacted by Town of Aurora Council this 26th day of June, 2018.
Geoffrey Dawe, Mayor
4,xe
Michael de Rond, Town Clerk
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Stall Permit — Seasonal
Schedule "A"
Fees (HST Included)
$75.00 per season or part thereof
Stall Permit — Single Day $35.00 per day or part thereof