BY-LAW
2008-
SHOPPING
CART BY-LAW
A By-law to prevent and
control the abandonment of shopping carts
on
public lands in the Town of
WHEREAS subsection
127(c) of the Municipal Act, 2001,
S.O. 2001, c. 25 authorizes
municipalities to prohibit the depositing of refuse or debris on land without
the consent of the owner or occupant of the land;
AND WHEREAS section 128 of the Municipal
Act, 2001, S.O. 2001, c. 25
authorizes municipalities to prohibit and regulate public nuisances, including
matters that, in the opinion of Council, are or could become or cause public
nuisances;
AND WHEREAS the Council of The Corporation of the Town of Markham
has determined that shopping carts
which are deposited, disposed of or abandoned within the Town of Markham,
including but not limited to land owned or occupied by the Town, constitute a
public nuisance in that they may be
a traffic hazard, impede sidewalks and street maintenance and may be a risk to public safety or
become unsightly;
AND WHEREAS subsection 446 of the Municipal
Act, 2001, S.O. 2001, c. 25
provides that, if a municipality
has authority by by-law or otherwise to direct or require that a matter or
thing be done, the municipality may, in the same or another by-law direct that
in default of it being done by the person directed or required to do it, such
matter or thing shall be done at the person’s expense
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE TOWN OF
1.0 DEFINITIONS
1.1 For the purposes of this By-Law,
- “Cart Management System” shall mean any physical
structure or device, signage, service, or other demonstrable measure that
prevents unauthorized removal of shopping carts from the owner’s premises during
business hours and ensures that all shopping carts are secured from public
access after close of business;
- “Owner” shall mean a person who owns or operates
a business that provides shopping carts in connection with said business;
- “Person” shall include an individual, partnership
or corporation;
- "Premises” means the physical location at
which the business of the owner is conducted and includes the parking area
provided in relation to such business;
- “Public lands” are those lands owned by the
Town, the Regional Municipality of York, the Toronto Region Conservation
Authority, or any provincial or federal government or agency;
- “Shopping cart” shall refer to any device made
available by the owner or operator of a business, to the customers of that
business, for the conveyance of goods purchased from said business
premises; and
- ‘Town” shall refer to The Corporation of the
Town of
2.0 PROHIBITIONS
2.1 No person shall deposit or permit the
deposit of any shopping cart on any public lands within the Town.
2.2 No owner shall allow a shopping cart to
be taken from the premises for which it is provided without recourse for its
prompt return.
3.0 BUSINESS OWNER
OBLIGATIONS
3.1 Every owner is required to implement a
Cart Management System.
3.2 The owner's name shall be affixed, permanently
and easily visible, on each shopping cart.
3.3 Notwithstanding section 3.2, where the owner
operates a business under the same business name at more than one premises in
the Town, the owner’s identity on each shopping cart shall include the name,
address and telephone number of said business.
4.0 ENFORCEMENT
PROVISIONS
4.1 Upon discovery of a shopping cart on public
lands in the Town, the Town may, at its sole discretion, either collect and remove
the shopping cart, or contact the owner of the abandoned shopping cart identified
on the shopping cart and require that the owner collect the abandoned shopping
cart by a date and time specified by the Town.
4.2 Where the Town collects the shopping
cart, the Town shall return the shopping cart to the owner identified on the
shopping cart at the owner’s expense.
4.3 If the Town cannot determine the identity
and the contact information of the owner of the shopping cart with a visual
inspection of the shopping cart, the Town may dispose of or recycle the
abandoned shopping cart.
4.4 The owner of a shopping cart that is
returned to it by the Town shall be responsible for payment of a collection fee
as provided for in the Town’s Fee By-Law No. 2002-276, as amended.
4.5 Any collection fees charged under By-Law
No. 2002-276 that remain unpaid for a period of thirty (30) days from the date
upon which they were incurred and communicated to the owner of the abandoned
shopping cart or carts, may be collected and recovered by the Town in
accordance with section 398 of the Municipal
Act, 2001, S.O. 2001, c.25 or any other applicable authority.
4.6 For the purpose of this By-Law, notice
from the Town to the owner may be by facsimile transmission, telephone, prepaid
registered mail or in person, by leaving a copy of the notice with a person
apparently in charge of the business premises. Service of such notice shall be
deemed to be the date of delivery, other than for prepaid registered mail, in
which case service shall be deemed to be five (5) days from the date of
mailing.
4.7 Any person who fails to comply with the
requirements of this By-Law is guilty of an offence, and shall upon conviction
be liable to a penalty of not more than $5,000, for each offence, exclusive of
costs. Each day that such offence is
committed, or permitted to continue, shall constitute a separate offence and
may be punishable as such. Such fines
shall be recoverable under the Provincial
Offences Act, R.S.O. 1990, c. P.33. as amended, or
any successor thereof.
4.8 Where a person has been convicted of an
offence under this By-Law, the Court may, in addition to any other penalty
imposed on the person convicted, issue an Order prohibiting the continuation or
repetition of the offence or the doing of any act or thing by the person
convicted, directed toward the cessation of the continuation or the repetition
of the offence.
5.0 GENERAL PROVISIONS
5.1 If a court of competent jurisdiction
declares any provision or part of any provision of this By-Law to be invalid or
to be of no force and effect, it is the intention of the Town in enacting this
By-Law, that each and every other provision of this By-law be applied and
enforced to the extent possible according to law.
5.2 This By-Law shall be known as the “Shopping
Cart By-Law”.
5.3 All references in this By-law to the
singular are to be read as the plural, and vice versa, as the context requires.
6.0 EFFECTIVE DATE
6.1 The effective date of this By-law shall
be
READ A FIRST, SECOND, AND THIRD TIME AND
PASSED THIS _______ __ DAY OF ___________________,
2008.
________________________________ ____________________________________
SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR