Ordinance 149

ORDINANCE NUMBER 149

CITY OF HALIFAX 

RESPECTING THE LICENSING OF PERSONS TO CARRY ON CERTAIN BUSINESSES OR TRADES IN THE CITY OF HALIFAX

BE IT ENACTED by the City Council of the City of Halifax, under the authority of Sections 339, 340, 342, and 345 of the Halifax City Charter, 1963, as follows:

1. This Ordinance shall be known as Ordinance No. 149 and may be cited as the "Petty Trades Ordinance."

2. In this Ordinance:

(a) "Business or trade" means and includes the carrying on for profit and the offering to the public by sale or otherwise, any goods, wares, merchandise or services;

(b) "Council" means the City Council of the City of Halifax;

(bb) "handicraft" includes a phonograph record, audio tape or compact disk containing music performed by a singer or musician, provided the sidewalk vendor is the singer or musician whose music is contained on the record, tape or disk.

(c) "License Inspector" means a member of the Halifax Police Force appointed by City Council to act on behalf of the City of Halifax in such capacity;

(d) "Resident" means a person who has maintained his chief place of residence within the City for six months preceding his application for a license under this Ordinance.

3. This Ordinance shall not apply to any person who is assessed a Business Occupancy Tax in the City of Halifax in an amount of Three Thousand Dollars or more.

4. Every person who engages in a business or trade for which a license is required under this Ordinance without having obtained a license to do so shall be guilty of an offence.

5. (1) Every license granted under this Ordinance shall specify the particular business or trade which the person obtaining the license is authorized to carry on.

(2) A license granted under this Ordinance shall be issued to a particular person, and shall not be transferable.

(3) A license issued under the authority of this Ordinance shall expire on the 30th day of April next following the date of issue, unless otherwise specified on the license.

6. (1) Council shall appoint a member of the Halifax Police Force to be the License Inspector, and such License Inspector is authorized and empowered to grant or refuse any application for a license under this Ordinance.

(2) A license granted under this Ordinance may be revoked by the License Inspector, for violation of the terms of this Ordinance.

7. (1) The License Inspector shall keep a record of all licenses granted under this Ordinance, setting out the name of the person to whom the license is issued, the particular business or trade authorized by the license, and the expiry date of the license.

(2) Every license issued under this Ordinance shall bear a number, and the number of the license shall be included in the records of the License Inspector.

8. A person granted a license under this Ordinance shall not at any time cry his wares to the disturbance of the public.

8A. (1) A person granted a license under clauses (a), (c), (d) or (e) of Section 9 of this Ordinance, shall not canvass or solicit business during any times other than the following:

(a) Monday through Thursday from 8:00 o'clock in the forenoon to 9:00 o'clock in the afternoon;

(b) Friday and Saturday, from 8:00 o'clock in the forenoon to 6:00 o'clock in the afternoon.

(2) A person granted a license under clauses (a), (c), (d) or (e) of Section 9, shall not canvass or solicit business on Sunday, a Statutory Holiday, or any day proclaimed a holiday.

9. The businesses or trades for which licenses are granted under this Ordinance, together with the annual fee, unless otherwise stated, for such licenses are as follows:

(a) Door-to door Salesmen or Peddlers:

(i) if a resident of the City of Halifax $125.00 per year

(ii) if a non-resident of the City of Halifax $190.00 per year

(b) Transient Salesmen:

(i) persons carrying on sales from residential property not assessed for business realty or business occupancy tax, excepting Christmas tree vendors

$520.00 per annum

(ii) persons carrying on sales from non-residential property, in respect of which business, business occupancy tax has not been assessed, excepting Christmas tree vendors

$505.00 per sale - a sale is deemed to have ended if the sale is discontinued or interrupted for a period of more than 2 business days.

(c) Canvassers or solicitors for subscriptions to, or orders for magazines, books, newspapers, or other periodicals not published in the City of Halifax

(i) if a resident of the City of Halifax $60.00 per year

(ii) if a non-resident of the City of Halifax $190.00 per year

(d) Canvassers or solicitors for advertisements for any publications, bulletins, programs, bookcovers or menus (excepting daily, weekly or monthly newspapers published in the City of Halifax or for any publication by any college, school or other educational institution located in the City of Halifax)

(i) if a resident of the City of Halifax $125.00 per year

(ii) if a non-resident of the City of Halifax $190.00 per year

(e) Persons who carry on the business of a photographer or who canvass, solicit or peddle photographs $255.00 per year

(f) Sidewalk Vendors (Artists or Craftsmen) who sell their handicrafts on a City Sidewalk 30.00 per year

(2) Every person licensed under this Ordinance and any person employed by the person licensed must wear a badge which shall be in full view at all times which shall be furnished by the City on the payment of a fee of Five Dollars ($5.00).

(3) Sidewalk vendors shall not sell in a location other than that approved by the Chief of Police and described on such license.

10. (1) A person who violates or fails to comply with any provision of this Ordinance shall be guilty of an offence, and, upon summary conviction, shall be liable to a fine of not more than two thousand dollars, and, in default of payment, to imprisonment for a period not exceeding sixty days.

(2) A person who is alleged to have violated this by-law and is given notice of the alleged violation may pay a penalty in the amount of $25.00 to the Chief of Police at the Halifax Police Department provided that said payment is made within a period of fourteen (14) days following the day on which the alleged violation was committed and where the said notice so provides for payment in this manner, and such payment shall be in full satisfaction, releasing and discharging all penalties and imprisonments incurred by the person for said violation.

11. The following Ordinances are hereby repealed:

(a) Ordinance No. 18, "Petty Trades";
(b) Ordinance No. 30, "Sale of Coal by Retail";
(c) Ordinance No. 32, "Canvassing for Advertisements";
(d) Ordinance No. 33, "Canvassing for Subscriptions and orders for Newspapers, Books, Magazines and Other Periodicals";
(e) Ordinance No. 35, "Transient Traders".

WE HEREBY CERTIFY THAT ORDINANCE NUMBER 149 RESPECTING "THE LICENSING OF PERSONS TO CARRY ON CERTAIN BUSINESSES OR TRADES IN THE CITY OF HALIFAX", WAS READ AND PASSED A FIRST AND SECOND TIME AT REGULAR MEETINGS OF THE HALIFAX CITY COUNCIL HELD ON MARCH 25 AND APRIL 15, 1971 RESPECTIVELY.

(Signed) Allan O'Brien
MAYOR

(Signed) R.H. Stoddard
CITY CLERK

Notice of Motion to Introduce: March 11, 1971
First Reading: March 25, 1971
Committee of the Whole Council: April 7, 1971
Second Reading: April 15, 1971
Approval of M.M.A.: May 13, 1971

AMENDMENTS:
No 1. Amendment to Section 9(f)
Notice of Motion to Introduce: July 29, 1971
First Reading: August 12, 1971
Committee of the Whole Council: August 18, 1971
Second Reading: August 26, 1971
Approval of M.M.A.: September 17, 1971

No. 2 Amendment to Section 2; Section 8A(1) and (2);
Section 9, Sub-C1(ii) of C1(a), (c) and (d)
Notice of Motion to Introduce: August 14, 1975
First Reading: August 28, 1975
Committee of the Whole Council: September 3, 1975
Second Reading: September 11, 1975
Approval of M.M.A.: September 30, 1975

No. 3 Amendment to Section 9(f)
Notice of Motion to Introduce: March 29, 1979
First Reading: April 12, 1979
Committee of the Whole Council: May 9, 1979
Second Reading: May 17, 1979
Approval of M.M.A.: June 8, 1979

No. 4 Section 9 repealed and substituted
Notice of Motion to Introduce: October 17, 1985
First Reading: October 31, 1985
Committee of the Whole Council: November 6, 1985
Second Reading: November 14, 1985
Approval of M.M.A.: IN EFFECT AS OF FEBRUARY 26, 1986

BY VIRTUE OF SECTION 145(2) OF THE HALIFAX CITY CHARTER

No. 5 Amendment: Section 9(1)(b)(i); Section 9(1)(e)
Notice of Motion to Introduce: October 16, 1986
First Reading: October 30, 1986
Committee of the Whole Council: December 3, 1986
Second Reading: December 11, 1986
Approval of M.M.A.: January 23, 1987

No. 6 Amendments: Section 9 - fee structure
Notice of Motion to Introduce: January 14, 1988
First Reading: January 28, 1988
Committee of the Whole Council: February 3, 1988
Second Reading: February 11, 1988
Approval of M.M.A.: March 3, 1988

No. 7 Amendments: Section 9 (2)
Notice of Motion to Introduce: May 26, 1988
First Reading: June 16, 1988
Committee of the Whole Council: June 22, 1988
Second Reading: June 29, 1988
Approval of M.M.A.: July 27, 1988

No. 8 Amendments: Section 9, Clause (a), (b), (c), (d) & (e)
Notice of Motion to Introduce: October 13, 1988
First Reading: October 27, 1988
Committee of the Whole Council: November 9, 1988
Second Reading: November 17, 1988
Approval of M.M.A.: January 12, 1989

No. 9 Amendments: Section 9, Clause (a), (b), (c), (d) & (e)
Notice of Motion to Introduce: September 28, 1989
First Reading: October 12, 1989 
Committee of the Whole Council: October 18, 1989
Second Reading: October 26, 1989 
Approval of M.M.A.: November 23, 1989

No. 10 Amendments: Section 10 now reads 10(1) & Add Subsection (2)
Notice of Motion to Introduce: January 25, 1990 
First Reading: February 15, 1990
Committee of the Whole Council: February 21, 1990
March 7, 1990
Second Reading: March 19, 1990 
Approval of M.M.A.: April 25, 1990

No. 11 Amendment: Section 9
Notice of Motion to Introduce: October 25, 1990
First Reading: November 15, 1990 
Committee of the Whole Council: November 21, 1990 
Second Reading: November 29, 1990 
Approval of M.M.A.: January 9, 1991

No. 12 Amendment Section 2, adding section (bb)
Notice of Motion to Introduce: July 17, 1991
First Reading: July 25, 1991
Committee of the Whole Council: August 21, 1991
Second Reading: August 29, 1991
Approval of M.M.A.: October 22, 1991

No. 13 Amendment Section 9, clause (a),(b),(c),(d),(e)
Notice of Motion to Introduce: December 12, 1992
First Reading: January 16, 1992
Committee of the Whole Council: January 22, 1992
Second Reading: January 30, 1992
Approval of M.M.A.: March 4, 1992

No. 14 Amendment Section 9(b) is repealed and the following substituted, 9(b) (i) and (ii) Amendment Section 10, Subsection (1)
Notice of Motion to Introduce: February 27, 1992
First Reading: March 12, 1992
Committee of the Whole Council: March 23, 1992
Second Reading: March 26, 1992
Approval of M.M.A.: April 30, 1992

No. 15 Amendment Section 9, clause (b), subclause (i) Section 9, clause (e)
Notice of Motion to Introduce: October 1, 1992
First Reading: October 15, 1992
Committee of the Whole Council: October 21, 1992
Second Reading: October 29, 1992
Approval of M.M.A. is not required (Chapter 41, Acts of 1992)

No. 16 Amendment Section 9, clause (b), subclause (i) and (ii)
Notice of Motion to Introduce: November 17, 1994
First Reading: December 1, 1994
Committee of the Whole: December 7, 1994
Second Reading: December 15, 1994
Approval of M.M.A. is not required (Chapter 41, Acts of 1992)