Leonard Knott
Cavan Monaghan Township staff recommended councillors at the September 14th Council meeting repeal By-law No. 2004-14, the by-law to license and regulate special events and By-law No. 2004-21, the by-law for the licensing and the regulation of refreshment vehicles in the Township of Cavan-Millbrook-North Monaghan.
After much debate, the councillors agreed.
An in-depth review of the by-laws conducted by staff showed, “that portions of these by-laws had never been enforced and were primarily being used for one purpose although had a broader mandate.”
The staff report noted, “… A number of situations may fall within the by-law but there has been minimal, if any, enforcement. To begin implementing these by-laws to the full extent would require considerable amount of time and staff resources.
“In addition, those that have been operating without licences would be burdened with the cost and paperwork that would be required to comply with the current by-law and could negatively impact the ability to continue their businesses.
“Currently the enforcement of these by-laws would require that the municipality licence vendors that participate in a variety of BIA events, vendors at the Farmer’s Market, mobile units and fundraising barbeques that currently take place at Nexicom and Centennial Place during the warmer months, all of which are currently operating without being licenced by the municipality.
“Staff engaged the services of Solicitor Ed Veldbloom from Russell, Christie, LLP to discuss how other municipalities are handling these types of by-laws and their enforcement. He indicated that most are taking an all or nothing approach and how we are currently handling it is leaving us more liable than doing nothing at all.
“His advice was, unless we have the resources to dedicate to enforcing the by-law in its entirety we would be better off to repeal them both. Without these by-laws in place, vendors would be allowed to carry on business in the municipality without being licenced by the municipality although they would still be required to comply with any other related legislation. For example, the chip wagons would be required to comply with all Peterborough County-City Health Unit food regulations including inspections.”
As it stands now, without the by-law, there is nothing to prevent a chip wagon setting up in front of Foodland.
After much debate about what would happen without the bylaw, such as a booth setting up downtown to sell firecrackers, Chief Administrative Officer Yvette Hurley pointed out there are other bylaws and regulations that will prevent such occurrences from happening.
After the meeting, Fire Chief Bill Balfour said no one could set up a stall to sell firecrackers downtown. “Firecrackers come under federal law and it is strictly enforced by the fire department. There is only a store legally selling firecrackers.”
For now, though, Cavan Monaghan is without any licensing and special events bylaws.
