By-law No. 2024-033
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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-033
BEING A BY-LAW TO LICENSE REFRESHMENT VEHICLES IN THE MUNICIPALITY OF
BAYHAM
WHEREAS Section 11 of the Municipal Act, S.O. 2001, as amended, provides that a
municipality may pass by-laws respecting matters within the sphere of jurisdiction of Culture,
Parks, and Recreation;
AND WHEREAS Section 151(1) of the Municipal Act, S.O. 2001, authorizes a municipality to
provide for a system of licences with respect to a business within the municipality;
AND WHEREAS Sections 425, 426, and 429 of the Municipal Act, 2001 S.O. 2001, chapter
25, states a municipality may pass By-laws providing that a person who contravenes a By-
law of the municipality passed under this Act is guilty of an offence, no person shall hinder or
obstruct, or attempt to hinder or obstruct, any person who is exercising a power or
performing a duty under this Act or under a By-law passed under;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
SHORT TITLE
This By-law may be cited as the `Refreshment Vehicle By-law'
Section 1 - Definitions
In this By-law:
I I `Applicant' shall mean a person or corporate entity having made an application
pursuant to this By-law. `Licensee' shall have a corresponding meaning.
.2 `Chief Administrative Officer' shall mean the Chief Administrative Officer of the
Municipality, or their designate.
`Chief Fire Official' shall mean the Fire Chief for the Municipality or their
designate.
1.4 Council' shall mean the Council of the Municipality.
1 5 `Exhaust and Fire Protection System' shall mean equipment, which meets the
requirements of NFPA 96 "Standard for Ventilation Control and Fire Protection of
Commercial Cooking Operations", which has been installed where there is a
potential for the production of smoke and grease -laden vapours, to remove such
smoke and vapours.
"Food Truck" shall mean a Motor Vehicle which contains cooking facilities and
which is used for the storage or preparation of food or drinks intended for
consumption by the public.
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1.7 `Health Unit' shall mean Southwestern Public Health and includes any successor
or assignee.
1.8 "Ice Cream Truck" shall mean a Motor Vehicle that does not have cooking facilities
and which is used for the storage of ice cream or pre -packaged food/drinks intended
for consumption by the public.
1.9 Licence' shall mean a valid refreshment vehicle licence as issued by the
Municipality pursuant to the provisions of this by-law and which is not suspended or
revoked.
1.10 `Licensee' shall refer to the definition of `Applicant'.
1.11 `Licensing Officer' shall mean the Clerk for the Municipality and/or their designate.
1.12 `Maintain' shall mean to keep in a particular condition or to preserve.
1.13 `Municipal Law Enforcement Officer' shall mean a person appointed by the
Council of The Corporation of the Municipality for the purpose of enforcing Municipal
By-laws and for the purpose of this by-law shall include Ontario Provincial Police
and Fire Chief.
1.14 `Municipal Property' shall mean any lands situated within the Municipality which is
owned or controlled by the Municipality.
1.15 `Municipality' shall mean The Corporation of The Municipality of Bayham.
1.16 `Operate' shall mean to conduct or carry on or having care and control of a
business.
1.17 `Operator' shall mean a person who is selling food from a refreshment vehicle.
1.18 `Owner' shall mean any person with legal title to real or personal property and
includes an authorized agent.
1.19 `Person' shall mean an individual, corporation, partnership, or sole proprietorship.
1.20 Refreshment Vehicle' shall mean any vehicle or stand (whether stationary or
propelled by a motor or muscular power) which is used for the storage or
preparation of food or drinks intended for sale to the public and shall include a Food
Truck, Ice Cream Truck, Stationary Food/Beverage Vendor, and Stationary
Barbeque Vendor.
1.21 `Refreshments' shall mean any form of food or drink intended for human
consumption.
1.22 Restaurant' shall mean a building or part of a building where food or drink are
offered for sale or sold to the public for consumption and may include any patio area
associated with and immediately adjacent to the restaurant.
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1.23 `Site Plan' shall means a sketch of the property outlining the location of the
refreshment vehicle, buildings, property entrances, parking and the distances
between the Refreshment Vehicle and all property line boundaries and buildings.
1.24 `Special Event' shall mean a cultural, recreational, educational or similar event of a
short term nature that has been approved by resolution of Council and shall include
but is not limited to Edisonfest — Vienna, Canada Day — Port Burwell, Watermelon
Fest — Straffordville or any event held by a not for profit organization, Registered
Charity, Service Club, or Church Organization for a period of 3 days or less.
1.25 `Stationary Barbeque Vendor' shall mean a stand which contains cooking facilities
and which is used for the storage or preparation of food or drinks intended for
consumption by the public.
1.26 `Stationary Food/Beverage Vendor' shall mean a vendor cart which is powered by
muscular power, and does not have cooking facilities and which is used for the
storage of ice cream or pre -packaged food/drinks intended for consumption by the
public.
1.27 `Zoning By-law' shall mean the current Comprehensive Zoning By-law of the
Municipality.
Section 2 — Licensing
2.1 Every person who wishes to operate, maintain, or sell Refreshments from a
Refreshment Vehicle within the Municipality is required to obtain a Licence, for each
Refreshment Vehicle, prior to operating.
2.1.1 Notwithstanding section 2.1, Refreshment vehicles associated with a Special
Event shall be exempt from section 2.1 of this By-law.
2.1.2 Every applicant for a Refreshment Vehicle Licence must be over the age of
eighteen (18) years of age at the time of the application.
2.2 The Licensing Officer may, at any time, impose such conditions on a Licence as
they deem appropriate, and those terms and conditions shall be communicated in
writing and served on the Licensee.
2.2.1 Conditions placed on a Licence shall be deemed served within seven (7)
days of being sent by electronic mail, regular, and/or registered mail.
2.2.2 Such terms and conditions may be appealed by the Licensee within thirty
(30) days of being served to the Chief Administrative Officer.
2,3 Notwithstanding the requirements listed herein, the Licensing Officer may elect to
issue a temporary licence with conditions if, in their opinion, one of the application
requirements could not be met at the time of the application, through no fault of the
applicant, and, where the application requirement will be met within a reasonable
time period determined by the Licensing Officer.
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Section 3 - Food Truck Application Requirements
3.1 Application for a Food Truck Licence under this By-law shall be made to the
Licensing Officer on the designated form.
3.2 Each Application for a Food Truck Licence shall be accompanied by the appropriate
approvals from the following:
3.2.1 Approved inspection report from the Health Unit. Such approval shall be dated
within three (3) months from the date of application with the Municipality.
3.3 The Applicant for a Food Truck Licence shall provide the following at the time of
application:
3.3.1 A letter of permission from the registered Owner where the Food Truck is to
be located where the operator is not the Owner of the property.
3.3.2 A Site Plan.
3.3.3 Proof of Insurance pursuant to Section 7 of this By-law.
3.3.4 Proof of the affixed seal from the Electrical Safety Authority (ESA), generally
located on or adjacent to the electrical panel in the Food Truck.
3.3.5 Valid Criminal Record Check from an Ontario Police Service for all owners,
operators, and agents of the Food Truck including Vulnerable Sector
Screening confirming a negative result for those persons.
3.3.6 Any additional information deemed by the Licensing Officer to be applicable
based on the provisions of this by-law that relates to the Food Truck.
3.4 Where the Refreshment Vehicle is deemed to be a Food Truck, the Applicant shall
provide the following at the time of application.
3.4.1 A valid Driver's Licence, such licence shall remain valid at all times during the
operation of the Food Truck.
3.4.2 A valid and current Ministry of Transportation motor vehicle permit issued in
the Applicant's name;
3.4.2.1 If the Food Truck is leased, the Applicant shall provide a copy of the
lease agreement.
3.4.3 A valid and current inspection certificate as required under the Highway
Traffic Act, as amended.
3.5 Every Applicant/Licensee of a Food Truck shall ensure that where the Food Truck is
powered by propane/natural gas or utilizes propane/natural gas for food preparation,
the Food Truck is inspected and certified at the time of Application and on an annual
basis by a licensed contractor pursuant to the Technical Standards & Safety Authority
(TSSA) requirements for Mobile Food Services Equipment and such inspection
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certificate shall be filed at the time of Application or as required by the Municipality.
3.5.1 In the case of a new Food Truck that is proposed to be licensed for the first
time in the Municipality, the TSSA initial vehicle inspection report is required
to be submitted.
3.6 Every Applicant/Licensee of a Food Truck who has an Exhaust and Fire Protection
System shall ensure that such system has had an Exhaust Hood System Inspection
completed by a certified technician and that such system has been cleaned by a
certified company. Proof of the inspection and cleaning shall be filed with the
Municipality at the time of Application or as may be required by the Municipality.
3 r` Each application for a Food Truck Licence shall be circulated to the following
individuals, or their designate, for their approval and shall not be approved by the
Licensing Officer until approval has been given;
3.7.1 Chief Fire Official
3.7.2 Planning Coordinator
3.7.3 Manager of Public Works
Section 4 — Ice Cream Truck Application Requirements
4.1 Application for an Ice Cream Truck Licence under this By-law shall be made to the
Licensing Officer on the designated form.
4.2 Each Application for an Ice Cream Truck Licence shall be accompanied by the
appropriate approvals from the following:
4.2.1 Approved inspection report from the Health Unit, such approval shall be dated
within three (3) months from the date of application with the Municipality.
4.3 The Applicant for an Ice Cream Truck Licence shall provide the following at the time
of application:
4.3.1 A letter of permission from the registered Owner where the Ice Cream Truck
is to be located where the operator is not the Owner of the property.
4.3.2 A Site Plan.
4.3.3 Proof of Insurance pursuant to Section 7 of this By-law
4.3.4 Proof of the affixed seal from the Electrical Safety Authority (ESA), generally
located on or adjacent to the electrical panel in the Ice Cream Truck.
4.3.5 Valid Criminal Record Check from an Ontario Police Service for all Owners,
Operators, and Agents of the Ice Cream Truck including Vulnerable Sector
Screening confirming a negative result for those persons.
4.3.6 Any additional information deemed necessary by the Licensing Officer based
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on the provisions of this by-law that relates to the Ice Cream Truck.
4.4 Where the Refreshment Vehicle is deemed to be an Ice Cream Truck, the Applicant
shall provide the following at the time of application:
4.4.1 A valid Driver's Licence, such licence shall remain valid at all times during the
operation of the Ice Cream Truck.
4.4.2 A valid and current Ministry of Transportation motor vehicle permit issued in
the Applicant's name
3.4.2.1 If the Ice Cream Truck is leased, the Applicant shall provide a copy of
the lease agreement.
4.4.3 A valid and current inspection certificate as required under the Highway
Traffic Act.
4.5 Each application for an Ice Cream Truck Licence shall be circulated to the following
individuals, or their designates, for their approval and shall not be approved by the
licensing officer until approval has been given;
4.5.1 Chief Fire Official
4.5.2 Planning Coordinator
4.5.3 Manager of Public Works
Section 5 — Stationar _ Food/Beverage Vendor Application Requirements
5.1 Application for a Stationary Food/Beverage Vendor Licence under this By-law shall
be made to the Licensing Officer on the designated form.
5-2 Each Application for a Stationary Food/Beverage Vendor Licence shall be
accompanied by the appropriate approvals from the following:
5.2.1 Approved inspection report from the Health Unit, such approval shall be dated
within three (3) months from the date of application with the Municipality.
5.3 The Applicant for a Stationary Food/Beverage Vendor Licence shall provide the
following at the time of application:
5.3.1 A letter of permission from the registered Owner where the Ice Cream Truck
is to be located where the operator is not the Owner of the property.
5.3.2 A Site Plan.
5.3.3 Proof of Insurance pursuant to Section 7 of this By-law.
5.3.4 Valid Criminal Record Check from an Ontario Police Service for all Owners,
Operators, and Agents of the Stationary Food/Beverage Vendor including
Vulnerable Sector Screening confirming a negative result for those persons.
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5.3.5 Any additional information deemed by the Licensing Officer to be applicable
based on the provisions of this by-law that relates to the Stationary
Food/Beverage Vendor Licence.
4 Each application for a Stationary Food/Beverage Vendor shall be circulated to the
following individuals, or their designates, for their approval and shall not be approved
by the licensing officer until approval has been given;
5.4.1 Chief Fire Official
5.4.2 Planning Coordinator
5.4.3 Manager of Public Works
Section 6 — Stationary Barbeque Vendor Application Requirements
6.1 Application for a Mobile Stationary Barbeque Vendor Licence under this By-law shall
be made to the Licensing Officer on the designated form.
6.2 Each Application for a Stationary Barbeque Vendor shall be accompanied by the
appropriate approvals from the following:
6.2.1 Approved inspection report from the Health Unit, such approval shall be dated
within three (3) months from the date of application with the Municipality.
The Applicant for a Stationary Barbeque Vendor Licence shall provide the following
at the time of application:
6.3.1 A letter of permission from the registered Owner where the Refreshment
Vehicle is to be located where the operator is not the owner of the property.
6.3.2 A Site Plan.
6.3.3 Proof of Insurance pursuant to Section 7 of this By-law
6.3.4 Proof of the affixed seal from the Electrical Safety Authority (ESA), generally
located on or adjacent to the electrical panel in the Refreshment Vehicle,
where applicable.
6.3.5 Valid Criminal Record Check from an Ontario Police Service for all Owners,
Operators, and Agents of the Stationary Barbeque Vendor including
Vulnerable Sector Screening confirming a negative result for those persons.
6.3.6 Any additional information deemed by the Licensing Officer to be applicable
based on the provisions of this by-law that relates to the Stationary Barbeque
Vendor.
6.4 Every Applicant/Licensee of a Stationary Barbeque Vendor Licence shall ensure that
where the Food Truck is powered by propane/natural gas or utilizes propane/natural
gas for food preparation, the Refreshment Vehicle is inspected and certified at the
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time of Application and on an annual basis by a licensed contractor pursuant to the
Technical Standards & Safety Authority (TSSA) requirements for Mobile Food
Services Equipment and such inspection certificate shall be filed at the time of
Application or as required by the Municipality.
6.4.1 In the case of a new Stationary Barbeque Vendor that is proposed to be
licensed for the first time in the Municipality, the TSSA initial vehicle
inspection report is required to be submitted.
C}.5 Every Applicant/Licensee of a Stationary Barbeque Vendor Licence who has an
Exhaust and Fire Protection System shall ensure that such system has had an
Exhaust Hood System Inspection completed by a certified technician and that such
system has been cleaned by a certified company. Proof of the inspection and
cleaning shall be filed with the Municipality at the time of Application or as may be
required by the Municipality.
0 '� Each application for a Stationary Barbeque Vendor Licence shall be circulated to the
following individuals, or their designates, for their approval and shall not be approved
by the licensing officer until approval has been given;
6.7.1 Chief Fire Official
6.7.2 Planning Coordinator
6.7.3 Manager of Public Works
Section 7 — Insurance
7 1 No person shall be operate a Refreshment Vehicle unless the operator establishes
and maintains current proof of Commercial General Liability insurance covering each
Refreshment Vehicle as required by the terms of this By-law. A valid certificate of
insurance shall be provided at the time of application and shall include the following:
7.1.1 Commercial liability insurance in an amount not less than two million
($2,000,000.00) dollars, public liability, property damage inclusive, against
loss or damage resulting from bodily injury to or the death of one or more
persons, or from loss of or damage to, property resulting from any one
incident. In addition, the Applicant shall provide the Municipality with a copy of
the liability certificate, which shall name the Municipality as an additional
insured.
7.1.2 Such insurance shall contain an endorsement specifying that the Municipality
shall be given a minimum of thirty (30) days written notice of any changes,
expiration, or cancellation of such policy.
Section 8 — Requirements of a Licensee
8.1 Every Refreshment Vehicle Operator shall:
8.1.1 Ensure that the Refreshment Vehicle displays in contrasting colour and in
clearly visible letters, on at least one side, the operating name of the business
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as it appears on their Refreshment Vehicle application;
8.1.2 Ensure that Refreshment Vehicles that contain cooking facilities have
operational fire safety and suppression equipment as required by the Chief
Fire Official;
8.1.2.1 Refreshment Vehicles that contain cooking facilities that have the
potential for the production of smoke and grease -laden vapours shall
have an Exhaust and Fire Protection System as required by the Chief
Fire Official;
8.1.3 Ensure that every Refreshment Vehicle that is powered by or utilizes
propane/natural gas for food preparation has a minimum five (5)-pound ABC
dry chemical fire extinguisher or other such fire extinguishers as required by
the Chief Fire Official. Such extinguisher(s) shall be mounted inside the
Refreshment Vehicle and the operator shall be knowledgeable in the proper
use of such fire extinguisher(s).
8.1.3.1 Refreshment Vehicles that have an Exhaust and Fire Protection
System shall have a Class K fire extinguisher as required by the Chief
Fire Official.
8.1.4 Ensure that no LPG (liquefied petroleum gas), LNG (liquefied natural gas) or
any combustible fueled appliance is operated within three (3) metres (10 feet)
of any other structure or combustible construction.
8.1.5 Ensure that the Refreshment Vehicle is free from holes, crevices, and cracks,
and the surface is readily washable and is kept clean and in good condition.
8.1.6 Ensure the Refreshment Vehicle and all parts and equipment are maintained,
in a clean and sanitary condition and, at all times, in good repair.
8.1.7 Ensure that every Refreshment Vehicle is equipped with refuse and recycling
containers. Such containers shall be kept in a clean and sanitary condition
and emptied as required.
8.1.8 Ensure that all refuse and refuse containers are removed from the site when
the refreshment vehicle is closed for business_
8.1.9 Ensure that every refuse container is located in such a position so as to be
easily accessible by a person making a purchase.
8.1.10 Ensure that every Refreshment Vehicle from which hot, prepared foods are
sold are equipped to maintain such foods so heated at a temperature as
approved by the Health Unit.
8.1.11 Ensure that adequate refrigeration, as approved by the Health Unit, is
provided for perishable Refreshments that shall be kept so refrigerated.
8.1.12 Ensure that the date of expiration is clearly and legibly marked on or affixed to
the wrapper of all sandwiches or pre -packaged Refreshments sold from the
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Refreshment Vehicle.
8.1.13 Ensure that the Licence issued under this By-law for the Refreshment Vehicle
is displayed in a conspicuous location on/in the Refreshment Vehicle and
shall be produced on demand by the Licensing Officer, Officer and/or the
Chief Fire Official.
Section 9 — Operatinq Location and Distance Re uirements
9 'I A Licensed Refreshment Vehicle shall only operate on lands contained within the
Farm Commercial (FC), Rural Commercial (RC), Hamlet Commercial (HC), Central
Business District (Cl), Local Commercial (C2), Tourist Commercial (C3), or Highway
Commercial (HWC) zones in accordance with the Municipality's Zoning By-law where
such use is accessory and subordinate to the permitted use of the subject lands.
9.1.1 Notwithstanding the above, nothing shall preclude a refreshment vehicle from
operating in an Open Space (OS2) or Institutional (1) zone where the
operation of the refreshment vehicle is related to fundraising for a
governmental or charitable organization, an event held at a hall connected to
the property, a special event approved by the Municipality or an agreement
with the Municipality that was in place as of the passing of this by-law
9.2 In the interest of public safety, site -specific setbacks may be specified as a condition
on a Licence for a Refreshment Vehicle by the License Officer and may be imposed
by notice in writing to the Licensee.
9.3 No Refreshment Vehicle shall be located or operated on or within a Municipal Road
or on Municipal Property unless the prior written approval has been given by the
Licensing Officer.
{� No Refreshment Vehicle shall be located within seventy-five (75) metres (250 feet) of
an existing Restaurant which sells similar food.
9.4.1 Notwithstanding Section 9.4, a Refreshment Vehicle may be licensed and
operate on the same property as an existing Restaurant with the written
authorization of the registered property owner permitting such.
Section 10 — Fees
'10.1 Prior to the issuance of a Licence the Applicant shall provide the appropriate fee as
prescribed in the current Municipality's Rates and Fees By-law.
Section 11 — General Prohibitions
11.1 No person shall operate, maintain, or sell Refreshments from a Refreshment Vehicle
without first obtaining a Licence from the Municipality.
11.2 No person shall operate, maintain, or sell Refreshments from a Refreshment Vehicle
on Municipal Property, unless authorized by the Licensing Officer.
11.3 No person shall operate a refreshment vehicle on any Municipal or County highway.
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11.4 No person shall sound a horn or other signaling device in conjunction with a
Refreshment Vehicle between the hours of 8:00 pm and 9:00 am of the following day.
11.5 No person shall fail to comply with a condition imposed by the Licensing Officer.
1 1 G No person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer
exercising a power or performing a duty under this By-law. Any person who is alleged
to have contravened any of the provisions of this By-law shall identify themselves to
the Officer upon request. Failure to do so shall be deemed to have obstructed or
hindered the Officer in the execution of their duties.
Section 12 - Exemptions
12.1 Notwithstanding the provisions of this By-law, no person shall be required to obtain a
Licence to operate or maintain a Refreshment Vehicle at a Special Event, an event
associated within a Facility Rental that complies with Section 9 of this by-law, an
event associated with fundraising for the Fire Association or in a location that relates
to a separate agreement that was in place as of the passing of this By-law.
12.1.1 Refreshment Vehicles operating at a Special Event shall be required to submit
a Refreshment Vehicle Information Form to the Chief Fire Official, no later
than fourteen (14) days prior to the Special Event, and may be subject to an
inspection by the Chief Fire Official.
12.1.2 Refreshment Vehicles operating at a Special Event shall be required to submit
to the Chief Fire Official, proof of inspection by the Electrical Safety Authority
(ESA), Technical Standards & Safety Authority (TSSA) and the Health Unit,
where applicable for the type of refreshment vehicle.
12.1.3 Refreshment Vehicles operating at a Special Event shall be required to
adhere to the requirements of Section 7 and Section 8 of this By-law,
notwithstanding that no Licence is required except section.
Section 13 — Expiry
13.1 A Licence issued pursuant to the provisions of this By-law shall be valid from the
remainder of the calendar year in which the said Licence is issued and shall expire on
December 31 of that year.
Section 14- Enforcement
14.1 A Municipal Law Enforcement Officer, Police Officer, Chief Fire Official or other
persons appointed by council for the purposes of By-law Enforcement may enforce
the provisions of this by-law.
Section 15 -Administration
15.1 In this By-law, unless the contrary intention is indicated, words used in the singular
shall include the plural and words used in the male gender shall include the female
gender or vice versa, where applicable.
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15.2 If there is a conflict between a provision in this By-law and a provision of any other
Municipal By-law, the provision that establishes the highest standard to protect the
health, safety and welfare of the general public shall apply.
15.3 Nothing in this by-law relieves any person of the responsibility for adhering to
other applicable laws or for obtaining the approval of the Federal and Provincial
governments or agencies thereof as required.
Section 16 — Penalty?
16.1 Every person who contravenes any provision of this by-law is guilty of an offence and
upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O.
1990, Chapter P. 33 as amended.
Section 17 - Enactment, Repeal and Severability
17.1 This By-law shall come into full force and effect upon receipt of the approval of the set
fine schedules as issued by the Regional Senior Judge of the Ontario Court of
Justice, West Region.
17.2 As of the date upon which this by-law comes into force and effect, By-law No. 2009-
086 shall be repealed in its entirety.
17.3 In the event any section or provision of this By-law is held invalid, the remainder of
the By-law shall continue in force.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6t" DAY
OF JUNE, 2024.
MAYOR CLERK
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OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
WEST REGION
80 DUNDAS STREET, 10th FLOOR, UNIT L
LONDON, ONTARIO N6A 6A8
OO
CABINET DU JUGE PRINCIPAL RÉGIONAL
COUR DE JUSTICE DE L’ONTARIO
RÉGION DE L’OUEST
80, RUE DUNDAS, 10e ÉTAGE, UNITÉ L
LONDON (ONTARIO) N6A 6A8
TELEPHONE/TÉLÉPHONE (519) 660-2292
FAX/TÉLÉCOPIEUR (519) 660-3138
August 19, 2024
Stephen Miller
Municipality of Bayham
Greetings,
Re: Set Fines - Provincial Offences Act – Part 1 By-law 2024-033,
Refreshment Vehicle By-Law
Enclosed herewith is the Part 1 original Order and original schedule of set fines for
the above referenced Bylaw, the Bylaw indicated in the schedules.
The setting of the fines does not constitute my approval of the short form of wording
used to describe the offences.
Please ensure that a copy of the said documents is forwarded to the Provincial
Offences Court in Simcoe, together with a certified copy of the Bylaw.
Yours truly,
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Encl.
/tz
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ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and
the rules for the Ontario Court of Justice that the amount set opposite each
of the offences in the schedule of offences under the Provincial Statutes
and Regulations thereunder and By-law 2024-033 of the Municipality of
Bayham attached hereto are the set fines for those offences. This Order is
to take effect August 19, 2024.
Dated at London this 19th day of August 2024.
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
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Page 1 of 1
MUNICIPALITY OF BAYHAM
SET FINE SCHEDULE
PART 1 – PROVINCIAL OFFENCES ACT
By-law No. 2024-033 (Refreshment Vehicle By-law)
Item COLUMN 1
Short Form Wording
COLUMN 2
Provision
Creating or
Defining Offence
COLUMN 3
Set Fine
1 Operate refreshment vehicle without maintaining
Commercial General Liability Insurance
7.1 $500.00
2 Operate a refreshment vehicle without a licence 11.1 $500.00
3 Maintain a refreshment vehicle without a licence 11.1 $500.00
4 Sell refreshments from a refreshment vehicle without a
licence
11.1 $500.00
5 Operate a refreshment vehicle on municipal property without
authorization
11.2 $350.00
6 Maintain a refreshment vehicle on municipal property without
authorization
11.2 $350.00
7 Sell refreshments from a refreshment vehicle on municipal
property without authorization
11.2 $350.00
8 Operate a refreshment vehicle on a highway 11.3 $350.00
9 Sound a horn or other signaling device in conjunction with a
refreshment vehicle during prohibited hours
11.4 $125.00
10 Fail to comply with a condition imposed by the Licensing
Officer
11.5 $350.00
11 Hinder or obstruct an officer in the performance of their duty 11.6 $600.00
12 Attempt to hinder or obstruct an officer in the performance of
their duty
11.6 $600.00
Note: The general penalty provision for the offences listed above is Section 16.1 of By-law No.
2024-033, a certified copy of which has been filed.