By-laws re street vending
22.(1)The council may, by by-law, (a) designate all or part of a highway, including the sidewalk part, as a removal zone; (b) designate an area in which all highways, or specified parts of them, are removal zones; (c) prohibit the placing, stopping or parking in a removal zone of any object or vehicle used to sell goods or refreshments or offer them for sale; (d) designate spaces in removal zones within which, despite clause (c), goods or refreshments may be sold or offered for sale; and (e) establish a permit system granting the exclusive use of a designated space to the owner of an object or vehicle used to sell goods or refreshments. 1997, c. 26, s. 22 (1). Contents of by-law (2)The by-law may, (a) prescribe the types of goods or refreshments that may be sold or offered for sale, and prohibit any type; (b) prescribe the types of objects and vehicles permitted in the designated space, and prohibit any type; (c) establish design criteria for the objects or vehicles permitted in the designated space; (d) define “goods”, “owner” and “refreshments”; and (e) exempt any type of vendor from all or part of the by-law. 1997, c. 26, s. 22 (2). Same, designated space (3)For the purposes of clauses (2) (a) and (b), the by-law may prescribe different types of goods or refreshments and different types of objects and vehicles for different designated spaces. 1997, c. 26, s. 22 (3). Same, permits (4)The by-law may, (a) prescribe conditions for the issuance and use of a permit; (b) establish permit fees, which may vary by location or by type of goods sold; (c) fix the term of the permit, which may vary with each permit; (d) provide for the issuance of identifying markers in connection with the permits, and specify the manner in which they are to be applied; (e) prohibit or restrict the transfer of permits; (f) establish the method of allocating designated spaces; (g) require that the applicant for a permit hold, or be eligible to hold, any applicable licence issued by the Toronto Licensing Commission for selling the goods or refreshments proposed to be sold from the designated space; (h) regulate the hours of operation permitted under the permit, which may vary according to the location of the designated space; and (i) restrict the issuance of defined classes of permits to vendors who are the owners or occupants of abutting property. 1997, c. 26, s. 22 (4). Suspension, revocation (5)The council or its committee may suspend or revoke a permit if the conditions for its issuance or use are not complied with or for any other reason specified in the by-law. 1997, c. 26, s. 22 (5). Hearing (6)Before suspending or revoking a permit, the council or committee shall give the permit holder an opportunity to be heard. 1997, c. 26, s. 22 (6). Partial refund (7)If the council or committee revokes the permit, the permit holder is entitled to a partial refund of the fee paid for the permit, in proportion to the unexpired part of the term for which it was granted. 1997, c. 26, s. 22 (7). Suspension by official (8)A municipal official named in the by-law may, without holding a hearing, suspend the designation of all or part of a removal zone, the designation of a space or the operation of a permit, for the period and subject to the conditions specified in the by-law, in connection with, (a) the holding of a special event; (b) the construction, maintenance or repair of a public highway; (c) the installation, maintenance or repair of a public utility or service; or (d) pedestrian, vehicular or public safety. 1997, c. 26, s. 22 (8). Four-week maximum (9)The suspension period specified for the purposes of subsection (8) shall not exceed four weeks. 1997, c. 26, s. 22 (9). Enforcement (10)An authorized person who has reason to believe that an object or vehicle is placed, stopped or parked in a designated space or a removal zone in contravention of the by-law may, (a) on producing appropriate identification, require that a valid permit issued by the city be produced for reasonable inspection; and (b) if no valid permit is produced, cause the object or vehicle to be moved and stored in a suitable place, after first, (i) informing any person in charge of the object or vehicle that it is in a designated space or removal zone contrary to the by-law, and (ii) giving the person a receipt for it. 1997, c. 26, s. 22 (10). Authorized persons (11)The following are authorized persons for the purpose of subsection (10): 1. Police officers and police cadets. 2. Municipal by-law enforcement officers. 3. Any other persons whom the by-law authorizes to enforce it. 1997, c. 26, s. 22 (11). Lien for removal, care and storage (12)All costs and charges incurred for removal, care and storage under the by-law are a lien on the object or vehicle that may be enforced by the city under the Repair and Storage Liens Act. 1997, c. 26, s. 22 (12). 60-day period (13)Despite subsection (12), if the object or vehicle is not claimed by the owner within 60 days after its removal, it becomes the city’s property and may be sold; the proceeds shall form part of the city’s general funds. 1997, c. 26, s. 22 (13). Perishable goods or refreshments (14)Despite subsection (12), any perishable goods or refreshments found in or on the object or vehicle become the city’s property on removal, and may be destroyed or given to a charitable institution. 1997, c. 26, s. 22 (14). Bridges and Highways at Municipal Boundaries