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In this Bylaw: “abutter” means the owner, lessee or occupier of any premises or lot in the Town of Annapolis Royal which abuts a Town street; “Boardwalk” means the scenic wooden walkway from the Town wharf on St George Street leading to Petite Park; “busker” means a person performing music and/or one or more acts or plays; “crosswalk” means that portion of a roadway ordinarily included within the prolongation or connection of curb lines or the edge of a roadway and property lines at intersections or any portion of a roadway clearly indicated for pedestrian crossings by lines or other markings on the road surface; “Farmers’ Market” means the Farmers’ Market under an existing lease arrangement with the Town; “flea market” means an outdoor market at which persons are rented or provided space for a fee or rent for the purpose of selling new or used merchandise to the public; “garden centre” means an outdoor area used for the sale for profit of household lawn and garden products; "mobile canteen" means a vehicle used for the display, storage, transportation or sale of food or beverages by a mobile vendor; “mobile stand” means a stand having any wheels with a diameter in excess of 4 inches (or10 cm.) or having or designed to have removable wheels of such diameter, and each such stand capable of being moved as a separate unit shall be counted as a separate mobile stand; “National Historic District” encloses both sides of St George Street from its beginning at the northeastern town boundary to its termination in the northwest corner of the townsite. Included are the southernmost properties on Prince Albert Road and the grounds of Fort Anne National Historic Site and the old cemetery. The boundary continues southeast along the axis of Chapel Street to include the south side of the street, then extends southwest on St Anthony Street to the Church Street intersection, including the west side of the St Anthony streetscape. From the St Anthony-Church Street intersection, it extends southeast, parallel to the St George Street axis, roughly following the rear property lines of the houses aligning the north side of St George Street. All of the secondary streets in the downtown area – Church, St James, lower St Anthony, Victoria, Bohaker, Prince William, Drury Lane, Grange and Ritchie streets are included. “on-mobile stand” means a stand that is not a mobile stand; “public places” means: streets; property owned by the Town of Annapolis Royal; property owned by the Province of Nova Scotia that is open to the public; public parks and trails; and “in, on or near a public place” includes locations that are driveways, parking lots, and vacant or undeveloped lots any portion of which is within 82 feet (25 metres) of a public place; within 82 feet (25 metres) of a public place; or visible from a public place; “retail commercial enterprise” means any retail business situated in a commercial zone (see Schedule “A”); “roadway” means that portion of a street between the curb lines or the traveled portion of a street designed for vehicular traffic and, except where the context indicates otherwise, includes a crosswalk; “sidewalk” means that portion of a street between the curb line and adjacent property line or any part of the street especially set aside for pedestrian travel and separated from the roadway; “stand" includes a table, showcase, bench, rack, pushcart, wagon or wheeled vehicle or device that can be moved without the assistance of a motor and is used for the display, storage, transportation or sale of food, beverages or other merchandise by a mobile vendor; “street" means a public street, highway, road, lane, sidewalk, thoroughfare, bridge, square and the curbs, gutters, culverts and retaining walls in connection therewith; “Town” means the Town of Annapolis Royal; “Town Playground and Park area” means the Town playground and park area on Saint George Street; “vend” or "vending" means the sale, or offering for sale, outside an enclosed building of food, beverages or other merchandise, unless they are immediately delivered to a residence or shop by the person selling them, services, unless they are provided in a building; busking activities; goods or services sold by peddling; “vending machine" means a mechanical or electronic device that is operated by the introduction of a coin, counter or slug, and dispenses food, beverages, goods, wares or services, including newspapers and other publications; “yard sale” means a sale of surplus household goods by the occupants or neighbours of the residential property at which the sale is carried on. Vending Machines The CAO may by written instrument lease space for a term not to exceed one year for vending machines on streets or other public places owned by the Town of Annapolis Royal and vending machines operated in compliance with the terms of such leases do not contravene this Bylaw. Vending machines placed and operated in compliance with the terms of any valid and subsisting written lease, license or permission from the property owner upon which they are situate do not contravene this Bylaw. To maintain the integrity of the National Historic District, vending machines placed and operated within the National Historic District should not be visible from any street within the National Historic District. Vending on Abutting Streets or Land On the streets, or portions of streets, identified in Schedule “A” to this Bylaw, and on properties abutting them, vending carried out at non-mobile stands by abutters who operate a retail commercial enterprise in the abutting property, during the hours that the abutting retail commercial enterprise is open for business does not contravene this Bylaw if it is carried out in compliance with section 15 of this Bylaw. Exceptions This Bylaw does not apply to busking. This Bylaw does not apply to not for profit organizations, door to door sales, and lemonade stands operated by children. For the purposes of this Bylaw, a child shall be considered any person aged 12 or less. Exceptions may also be made by Council for special events and conferences including book launches held off the premises of an existing Town business. This includes existing arrangements with the Lions Club for Natal Day, for example. This Bylaw does not apply to canvassers or fundraisers for not for profit groups and registered charities. Yard Sales Subject to Section 12, yard sales on private property between 7:30 a.m. and 7:30 p.m. on Saturdays, Sundays and holidays do not contravene this Bylaw provided that: the owner of the property upon which the yard sale vending is occurring expressly authorizes such yard sale vending; the property owner and the yard sale vendor do not set up or place, or allow to be set up or placed, outside in a location visible from a public place any yard sale vending merchandise, stands or equipment before 12 hours in advance of the time that the yard sale vending is permitted to begin pursuant to this Bylaw; the property owner and the yard sale vendor do not leave or allow to be left outside in a location visible from a public place any yard sale vending merchandise, stands or equipment more than 12 hours after the time that the yard sale vending is required to cease pursuant to this Bylaw; and Signs must be removed within two (2) hours of the end of the yard sale. Under special circumstances, Council may by policy prohibit yard sales for specific days or periods of the year in the interests of public safety and/or movement of traffic within the Town. Council may by resolution designate properties upon which yard sales are not permitted to occur, upon recommendation or advice from the Traffic Authority that yard sales at such properties are or may cause a safety hazard or an obstruction to traffic. Farmers’ Markets Vending at the Farmers’ Market on Wednesdays, Saturdays and holidays does not contravene this Bylaw. Prohibition No person shall operate a vending stand within the Town unless the vending takes place in association with a business assessed for business occupancy or as commercial assessment within the Town. No person shall: vend within 328 feet (100 meters) of the grounds of any school between 1/2 hour prior to the start of the school day and 1/2 hour after dismissal at the end of the school day; vend between 10:00 p.m. and 8:00 a.m. of the following day; sell food or beverages for immediate consumption unless there is available for public use a suitable litter receptacle for the use of customers within ten 10 feet (3 metres) of the vending location; leave any vending location without first picking up, removing and disposing of all litter, trash or refuse associated in any way with the vending activity; allow any items relating to the operation of a stand, garden centre, flea market or mobile canteen to be placed anywhere other than in, on or under the stand, garden centre, flea market or mobile canteen in front of or on the side of an existing Town business; vend to persons in motor vehicles; sound or permit the sounding of any device which produces a loud and raucous noise, or use or operate any loudspeaker, public address system, radio, sound amplifier or similar device to attract the attention of the public or cry his wares to the disturbance of the public; when vending from a mobile canteen in front of or beside an existing Town business: vend when the mobile canteen is situated in a no parking area, or in area in which parking is prohibited at that time; vend when the mobile canteen obstructs a roadway; vend when customers or persons apparently waiting to become customers are standing in a roadway; vend within twenty-five feet (7.6 metres) of any driveway entrance to a police or fire station, or within fifteen feet (4.6 metres) of any other driveway other than a driveway for property on which the vending is lawfully occurring; vend when customers or persons apparently waiting to become customers are obstructing the traffic of pedestrians on a sidewalk; when vending from a stand: situate a stand or vend from a stand situated in a roadway; vend when there is snow or ice on the sidewalk; vend so as to obstruct the traffic of pedestrians, or wheelchairs, and without limiting the generality of the foregoing, a minimum width of 3.3 feet (1 metre) of sidewalk shall be left unobstructed between the curb and a stand situated on a sidewalk, or between the stand and the nearest building or other obstruction to the interior of the sidewalk; vend when customers or persons apparently waiting to become customers are standing in a roadway; vend within five feet (1.5 metres) of an entrance way to any building, except a building rented, owned or leased by an existing Town business; vend within twenty-five feet (7.6 metres) of any driveway entrance to a police or fire station, or within fifteen feet (4.6 feet)of any other driveway, other than a driveway for the property on which the vending is lawfully occurring; vend within twenty-five feet (7.6 metres) of the crosswalk at any intersection; allow the stand or any other item relating to the operation of the vending business to lean against or hang from any building or other structure lawfully placed on public property, without the owner's permission. vend from a fixed stand with a width in excess of 4.1 feet (1.25 metres). Requirement for Insurance Any person who vends on Town property as permitted under this Bylaw shall carry public liability insurance in a minimum amount of $1,000,000 and hold the Town harmless from any liabilities that may result from such vending. Any person wishing to vend as permitted under this Bylaw shall supply the Town with a certificate of insurance to confirm compliance with the requirements of Section 16. The person shall notify the Town 30 days prior to the cancellation of the insurance required under this Bylaw. Non Competition Every attempt shall be made to create a level playing field for businesses. Penalty Any person who contravenes any provision of this Bylaw is punishable on summary conviction by a fine of not less than five hundred ($500) dollars and not more than five thousand ($5,000) dollars and to imprisonment of not more than thirty (30) days in default of payment thereof. Each day that a person commits an offence under this Bylaw constitutes a separate offence. EFFECTIVE DATE This Bylaw shall be effective June 1, 2006. Explanation of Changes March 27, 2006 The Vending Bylaw as it currently stands contains the following provisions for busking: “busker” means a person performing music and/or one or more acts or plays; Busking shall only be permitted at the Farmers= Market, the Boardwalk, Town Playground and Park Area, and from the traffic light at St George Street and Prince Albert Road to the end of St George Street by the O=Dell Museum. A permit must be obtained as provided in Section 19. Permits All Busking Permits shall be obtained by application to the Town. The application for a Busking Permit, or an amendment to a Busking Permit, shall be made in writing, in duplicate, on such form as may be specified by the Town form time to time, and signed by the person applying. Every application for a Busking Permit shall contain the following information: the name, postal and civic address and phone number of the applicant; date(s) for which the permit is sought; the permit fee of $10.00. The Town may refuse to issue, renew or amend, or may revoke or suspend a Vending Permit for breach of this or any other Bylaw or of the terms or conditions of a permit upon notice to an applicant or permit holder. It is proposed that Sections 7 and 19 be removed from the bylaw for the following reasons: difficulty of enforcing the bylaw, the second value of permit is less than the administrative effort required to collect it staff see no need to regulate this activity (ie. busking is seen as desirable activity for the commercial section of Town). SCHEDULE A All retail commercial properties operating from properties zoned commercial. This includes parts of: St George Street, Victoria Street Church Street Drury Lane St Anthony Street which are zoned commercial.