4. BY-LAWS
- DESIGNATED SPACE PROGRAMME - AMENDMENTS - NEW SPACES
RÈGLEMENTS
MUNICIPAUX – PROGRAMME DE PLACES DÉSIGNÉES – MODIFICATIONS – PLACES
ADDITIONNELLES
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COMMITTEE RECOMMENDATIONS AS AMENDED
That
Council approve:
1. Amendments to the former City of Ottawa Designated Space Programme
By-law 300-96, as detailed in Document 1, as amended by the following:
235 East
side of Fairlawn at a minimum distance of 45 Food Cart
meters south
of Carling
240 South side of Laurier Avenue
East (66) east of the Food Cart
pedestrian crosswalk
to establish new vending locations outside
the programme’s original downtown designated space zone by:
(a) Establishing a separate designated space zone that will
encompasses the remainder of the former City of Ottawa;
(b) Establishing 26 new designated spaces within the newly created
designated space zone;
(c) Allocating the new designated spaces to qualified licensees;
(d)
Delegating
authority to the Director of By-law Services to approve designated spaces for
qualified licensees who have not yet identified a suitable space during this
process and to approve a second designated space for permit holders who request
same or for a permit holder who wishes to relocate, provided:
i) the Councillor in whose Ward the space is located has been
consulted;
ii) the spaces have been reviewed by appropriate City Departments for
safety and nuisance concerns and deemed suitable;
iii) that there is a maximum of 2 spaces per vending license; and
iv) the licensee can only operate from one of the two (2) spaces at any
given time;
(e) Delegating authority to the City Solicitor to include a space
approved by the Director of By-law Services in accordance with (d) in Schedule
“F” or “G” as applicable of the Designated Space Programme By-law by way of an
amending by-law placed directly on the Agenda of Council;
(f) Establishing the annual permit fees per space located within the
new designated space zone as follows:
Proposed
Permit Fees
New
Designated Space Zone
(Old City of Ottawa)
2006 2007
Sidewalk Spaces $ 400 $
700
Street Spaces $
800 $1,500
2. That staff report back in 2007 with a comprehensive review of the
Designated Space Programme By-law.
RECOMMENDATIONS MODIFIÉES DU COMITÉ
Que le Conseil municipal approuve :
1. Les modifications au règlement
municipal 300-96 (Programme de places désignées) de l’ancienne Ville d’Ottawa,
telles que décrites dans le document no 1, modifié comme
suit :
235 Côté
est de Fairlawn à une distance minimale de 45 Concession
mètres au sud de Carling itinérante
240 Côté sud de l’avenue Laurier est (66) Concession
à l’est du passage pour piétons
itinérante
dans le but d’établir de nouvelles places désignées pour les marchands
ambulants au-delà de la zone initiale du centre ville prévue par le programme
en :
(a) établissant une zone distincte de places désignées couvrant le reste du
territoire de l’ancienne Ville d’Ottawa;
(b) établissant 26 nouvelles places désignées dans la nouvelle zone de places
désignées;
(c) attribuant les nouvelles places désignées à des détenteurs de permis
qualifiés;
(d) déléguant à la directrice du Service des règlements municipaux le pouvoir
d’approuver l’octroi de places désignées à des détenteurs de permis qualifiés
qui n’ont pas encore trouvé de place appropriée au cours de ce processus, et
d’approuver l’octroi d’une deuxième place désignée à des détenteurs de permis
qui le demandent ou à un détenteur de permis qui désire trouver un autre
endroit, à condition que :
i) le
Conseiller du quartier concerné a été consulté;
ii) les
places ont été examinées par les services responsables de la sécurité et des
nuisances publiques et sont considérées convenables;
iii) se limitent à 2 places par permis de marchand
ambulant,
iv) le détenteur n’exploite qu’un seul des deux
espaces en tout temps;
(e) déléguant au chef du contentieux le pouvoir
d’inclure une place approuvée par la directrice des Services des règlements
municipaux conformément à (d) dans l’annexe F ou G, selon le cas, du règlement
sur le programme de places désignées par le biais d’un règlement municipal
modificatif inscrit à l’ordre du jour du Conseil;
(f) établissant les droits annuels de
permis par place située dans la nouvelle zone de places désignées, comme
suit :
Droits
de permis proposés
Nouvelle
zone de places désignées
(Ancienne Ville d’Ottawa)
2006 2007
Places
sur le trottoir 400 $ 700 $
Places
dans la rue 800 $ 1 500 $
2.
Que le personnel prépare un rapport en
2007 comprenant un examen complet du règlement sur le programme de places
désignées.
Documentation
1.
Deputy City Manager, Community and Protective Services report dated 3 April 2006 (ACS2006-CPS-BYL-0016).
2. Extract
of Draft Minute, 13 April 2006.
Report
to/Rapport au :
Emergency and Protective Services Committee
Comité des services de protection et d'urgence
and Council / et au Conseil
3 April 2006 / le 3 avril 2006
Submitted by/Soumis par : Steve Kanellakos,
Deputy City Manager/Directeur
municipal adjoint,
Community and Protective
Services/Services communautaires et de protection
Contact
Person/Personne ressource : Susan Jones, Director/Directrice
By-Law Services/Services des règlements
municipaux
(613) 580-2424 x25536, susan.jones@ottawa.ca
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Ref N°: ACS2006-CPS-BYL-0016
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SUBJECT:
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BY-LAWS - DESIGNATED SPACE
PROGRAMME - AMENDMENTS - NEW SPACES
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OBJET :
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RÈGLEMENTS
MUNICIPAUX – PROGRAMME DE PLACES DÉSIGNÉES – MODIFICATIONS – PLACES
ADDITIONNELLES
|
REPORT RECOMMENDATIONS
That the Emergency and Protective Services Committee recommend Council
approve,
1. Amendments to the former City of Ottawa Designated Space
Programme By-law 300-96, as detailed in Document 1, to establish new vending
locations outside the programme’s original downtown designated space zone by:
(a)
Establishing a
separate designated space zone that will encompasses the remainder of the
former City of Ottawa;
(b)
Establishing 26 new
designated spaces within the newly created designated space zone;
(c)
Allocating the new
designated spaces to qualified licensees;
(d) Delegating
authority to the Director of By-law Services to approve designated spaces for
qualified licensees who have not yet identified a suitable space during this
process and to approve a second designated space for permit holders who request
same or for a permit holder who wishes to relocate, provided:
i) the
Councillor in whose Ward the space is located has been consulted;
ii) spaces have been reviewed by appropriate City
Departments for safety and nuisance concerns and deemed suitable;
iii) that
there is a maximum of 2 spaces per vending license; and
iv) the
licensee can only operate from one of the two (2) spaces at any given time;
(e) Delegating authority to the City
Solicitor to include a space approved by the Director of
By-law Services in accordance with (d) in
Schedule “F” or “G” as applicable of the Designated Space Programme By-law by
way of an amending by-law placed directly on the Agenda of Council;
(f) Establishing
the annual permit fees per space located within the new designated space zone
as follows:
Proposed
Permit Fees
New
Designated SpaceZone
(Old City of Ottawa)
2006 2007
Sidewalk Spaces $ 400 $ 700
Street Spaces $ 800
$1,500
2. That staff report back in 2007 with a comprehensive review of the
Designated Space Programme By-law.
RECOMMANDATIONS DU RAPPORT
Que le Comité des services
de protection et d’urgence recommande que le Conseil approuve
1. Les modifications au règlement municipal 300-96 (Programme de places
désignées) de l’ancienne Ville d’Ottawa, telles que décrites dans le document no 1,
dans le but d’établir de nouvelles places désignées pour les marchands
ambulants au-delà de la zone initiale du centre ville prévue par le programme
en :
(a) établissant une zone distincte de places désignées couvrant le reste du
territoire de l’ancienne Ville d’Ottawa;
(b) établissant 26 nouvelles places désignées dans la nouvelle zone de places
désignées;
(c) attribuant les nouvelles places désignées à des détenteurs de permis
qualifiés;
(d) déléguant à la directrice du Service des règlements municipaux le pouvoir
d’approuver l’octroi de places désignées à des détenteurs de permis qualifiés
qui n’ont pas encore trouvé de place appropriée au cours de ce processus, et
d’approuver l’octroi d’une deuxième place désignée à des détenteurs de permis
qui le demandent ou à un détenteur de permis qui désire trouver un autre
endroit, à condition que :
i) le Conseiller du quartier concerné a été consulté;
ii) les places ont été examinées par les services responsables de la
sécurité et des nuisances publiques et sont considérées convenables;
iii) se limitent à 2 places par permis de marchand ambulant,
iv) le détenteur n’exploite qu’un seul des deux espaces en tout temps;
(e) déléguant au chef du contentieux
le pouvoir d’inclure une place approuvée par la directrice des Services des
règlements municipaux conformément à (d) dans l’annexe F ou G, selon le cas, du
règlement sur le programme de places désignées par le biais d’un règlement
municipal modificatif inscrit à l’ordre du jour du Conseil;
(f) établissant les droits annuels de
permis par place située dans la nouvelle zone de places désignées, comme
suit :
Droits
de permis proposés
Nouvelle
zone de places désignées
(Ancienne Ville d’Ottawa)
2006 2007
Places sur le trottoir 400 $ 700 $
Places
dans la rue 800 $ 1 500 $
3.
Que le personnel prépare un rapport en
2007 comprenant un examen complet du règlement sur le programme de places
désignées.
EXECUTIVE SUMMARY
On June 22, 2005, City Council
approved the Vendors on Highways By-law (No. 2005-358) that is scheduled to
come into effect on May 15, 2006. The
Vendors on Highways By-law generally prohibits vending on streets and sidewalks
within the City of Ottawa, except from spaces that are designated pursuant to
the Designated Space Programme By-law (No. 300-96) and approved special
events.
The Designated Space Programme within the downtown core of
the former City of Ottawa accommodates 53 vending spaces (36 sidewalk and 17
on-street). There is a need to
designate approximately 26 new spaces (14 sidewalk and 12 on-street) to
accommodate the vendors who presently vend outside the downtown core but within
the boundaries of the former City of Ottawa.
Those vendors hold valid business licenses to vend on the streets and
sidewalks within the former City of Ottawa but they do not have permits for
specific vending spaces under the Designated Spaces Programme By-law, and must
do so before the vending prohibition takes effects on May 15, 2006.
This report proposes to designate spaces in the locations
where individual vendors presently operate on a day-to-day basis with some
flexibility for relocations subject to the suitability criteria set out in
Recommendation 1.
Nothing in this report impacts
the recommendations of the Homelessness and the Safe Streets Act Task Force
that will be considered by Council at its meeting of April 26. Staff will report back to Committee and
Council with respect to any vending recommendations that are approved as part
of the Homelessness Task Force report.
Those recommendations will require significant public consultation to
ensure that they address the concerns of all stakeholders including the
homeless as well as the wider community.
RÉSUMÉ
Le 22 juin 2005, le Conseil municipal a
approuvé le règlement concernant les marchands sur les voies publiques (no
2005-358) qui doit entrer en vigueur le 15 mai 2006.
Le règlement concernant les marchands sur les
voies publiques interdit généralement la vente dans les rues et sur les
trottoirs dans la Ville d’Ottawa, sauf aux places désignées en vertu du
règlement sur le programme de places désignées (no 300-96) et lors
d’événements spéciaux approuvés.
Le programme des places désignées au
centre-ville de l’ancienne Ville d’Ottawa compte 53 places de marchands
ambulants (36 sur le trottoir et 17 dans la rue). Il est nécessaire de désigner
environ 26 nouvelles places (14 sur les trottoirs et 12 dans la rue) au-delà du
centre-ville, mais toujours sur le territoire de l’ancienne Ville d’Ottawa. Ces
marchands détiennent un permis valide de vendeur sur les voies publiques dans
l’ancienne Ville d’Ottawa, mais pas de permis relatif à une place particulière
en vertu du règlement sur le programme de places désignées. Ils doivent donc
s’en procurer un avant que l’interdiction de vendre n’entre en vigueur le 15
mai 2006.
Ce rapport propose que des places soient
désignées aux endroits où les marchands individuels exercent actuellement leurs
activités sur une base journalière, en permettant leur déplacement en vertu des
critères énoncés à la recommandation no 1.
Ce rapport n’affecte pas les recommandations du
Groupe de travail sur les sans-abri et la Loi sur la
sécurité dans les rues que le Conseil doit examiner au cours de sa réunion du
26 avril. Le personnel fera rapport au Comité et au Conseil au sujet de
l’approbation de toute recommandation sur la vente qui fait partie du rapport
du groupe de travail sur les sans-abri. Ces recommandations exigeront
d’importantes consultations publiques pour garantir que les préoccupations de
tous les intervenants sont prises en compte, y compris celles des sans-abri et
de l’ensemble de la communauté.
BACKGROUND
On June 22, 2005, City Council
approved the Vendors on Highways By-law (No. 2005-358) which is scheduled to
come into effect on May 15, 2006. The by-law prohibits vending from highways or
part thereof (ie. street and sidewalk); provides exceptions to the general
vending prohibition; and provides for the removal, storage and disposal of
goods placed on the highway in contravention of the By-law.
The Vendors on Highways By-law
allows for vending from on-street and on-sidewalk spaces provided the spaces
are designated pursuant to the Designated Space Programmes By-law (No.
300-96). The report approved by Council
entitled: By-laws – Vendors on Highways
(Ref.No. :ACS2005-CPS-BYL-0023), indicated the need to designate
approximately 26 new spaces under the Designated Space Programme By-law, before
the vending prohibition takes effects on May 15, 2006. The new spaces will
enable the licensees who currently hold valid business licences to vend on the
street and sidewalks within the former City of Ottawa to continue operating.
Business licenses for vending on streets and sidewalks are
issued pursuant to the former City of Ottawa Licensing By-law (L6-2000)
Schedule 17 relating to Itinerant Sellers and Schedule 20 related to
Refreshment Vehicles.
A moratorium on the issuance of (new) original licenses
has been in place for more than 10 years, however the people who hold the valid
licenses may renew their license annually provided they comply with all
regulations. The licenses are not
transferable (except to immediate family members) and may not be re-issued when
the current license holder ceases to renew or ceases operations.
Related Matter – Homelessness Task Force Recommendations
Staff will be reviewing the Homelessness Task Force
recommendations, which are scheduled to be considered by Council at its meeting
of April 26, and will bring forward a report to the Emergency and Protective
Services Committee at a later date to consider ways to address the
recommendations. Those recommendations
will require significant public consultation to ensure that they address the
concerns of all stakeholders including the homeless as well as the wider
community.
Designated Space Programme By-law
(300-96) - History
In the early 1990’s, the former
City of Ottawa issued a limited number of business licenses that authorize the
licensee to vend from on-street or on-sidewalk spaces as long as the spaces
comply with regulations meant to ensure safety, traffic flow and maintenance
requirements. Those licenses only authorize vending from streets and sidewalks
within the boundaries of the old City of Ottawa.
The downtown core quickly became
saturated with on-street and on-sidewalk vendors due to the high pedestrian
traffic and few available spaces on private property. As a result conflicts
between vendors competing for the best spaces became daily occurrences, owners
of fixed premises began complaining of unfair competition, and growing economic
pressure on the vendors began to impact on the viability of their business.
In order to control the number of
vendors and the vending locations, the former City of Ottawa applied for and
obtained special enabling legislation.
The City of Ottawa Act, 1996 gave Council the authority to enact
the Designated Space Programme By-law and regulate the number of vending
spaces, designate removal zones, regulate the vending spaces, set permit fees,
impose an allocation process, etc.
The Designated Space Programme
By-law established approximately 100 spaces (30 – on-street spaces and 70 –
on-sidewalk spaces) within the downtown area and designates the downtown area
as a ‘removal zone’ from which vending from the street or sidewalk is only
allowed by vendors who hold valid vending licenses and a permit to operate from
a specific designated space. Annual
fees were established for the street and sidewalk designated space permits. The
Designated Space Programme By-law applies only to the former City of Ottawa and
cannot be expanded in its current format to other areas of the new City because
of the enabling legislation.
The designated spaces were allocated by seniority and the permit
holders have since been given the privilege to maintain their spaces by
renewing the permit on an annual basis.
Although the by-law provides for the spaces to be allocated by a
proposal call process, Council has been deferred this process until 2008.
The designated space permits and
the business licenses that allow vending on the street or sidewalk cannot be
transferred (except to an immediate family member). The licenses and associated
designated spaces are taken off the inventory once the licensee ceases to
operate. The ‘transfer’ prohibition is
in place to reduce the number of spaces by attrition, to avoid spaces becoming
object of speculation, to prevent the creation of artificial street value and
to control inappropriate financial transactions related to roadway or sidewalk
spaces.
Currently, the number of spaces
available under the Designated Space Programme sits at seventeen (17) on-street
and thirty-six (36) on-sidewalk vending spaces and are all located within the
prescribed removal zone (downtown area) in the former City of Ottawa.
This report recommends that
twelve (12) new roadway spaces and fifteen (14) new sidewalk spaces be
added to the Designated Space Programme By-law by creating a second removal
zone to recognize the existing qualified vendors. The transition provisions of the City of Ottawa Act 1999,
enable Council to adopt and amend this programme only as it applies to the
geographic area of the former City of Ottawa.
The report also recommends that
additional spaces be approved at a later date to consider the affected
licensees that have not for various reasons, been able to participate in this
current round of review and approvals. All current proposed and future proposed
spaces will be located in old Ottawa and will have been reviewed and approved
by various City Departments to ensure that safety and nuisance concerns have
been addressed.
DISCUSSION
The objective of the proposed
amendments is to allocate fixed vending spaces (under the Designated Space
Programme By-law within the former City of Ottawa boundaries). The 26 licensees currently authorized to
vend from roadway or sidewalk spaces outside of the downtown removal zone but
who do not have a designated space must be assigned a designated space so that
they may continue to operate once the Vendors on Highways By-law comes into
effect on May 15, 2006.
The Department deems it necessary to require that the
limited number of vendors authorized to vend from the street or sidewalk be
required to settle at pre-determined an approved designated space in order to
ensure consistency with the provisions of the Vendors on Highways By-law. The designated spaces are reviewed by staff
to ensure suitability and will have been the subject of a public
consultation. Council approval of the
designated spaces is required to amend the Designated Space Programme
By-law.
Once approved the designated spaces will be allocated to
the vendors who have proven, to staff’s satisfaction, that they have operated
at the particular space previously and that no other licensee has interest in
the space. Licensees who wish to
operate from the designated space will be required to pay an annual permit fee
and comply with all related regulations and by-laws. The spaces and the designated space permits remain the property
of the City and cannot be sold, leased or transferred (except if transferred to
immediate family members).
The City retains the right to eliminate, either
temporarily or permanently, a designated space where conditions warrant (ie.
maintenance, roadway design changes, construction, etc.) In the event a space must be removed or
relocated either permanently or temporarily from the Designated Space Programme
By-law the City may assist the vendor to find a suitable nearby location but
will have no obligation to do so.
In few instances staff was unable
to contact the affected licensee in time to review their proposed spaces due to
illness or incorrect contact information. Staff proposes to continue to review
and approve suitable spaces for those licensees who were unable to be part of
this approval process.
The Department proposes to bring
forward a report to the Emergency and Protective Services Committee in the
future to undertake a comprehensive review of the Designated Space Programme
By-law in 2007.
Qualified licensees will be required to pay an annual
permit fee for each designated space.
As per the current designated space programme the annual permit fee
cannot be pro-rated to reflect the time the space is actually utilized.
Recommendation 1 (a)
Establishing a
separate designated space zone that will encompasses the former City of Ottawa
except the area captured by the original Removal Zone (downtown).
The Designated Space Programme By-law defines the “Removal
Zone” as the area in which vending of goods or refreshments on all or any part
of the highway is prohibited except from a designated space. A designated space
is an on-street or on-sidewalk space that has been deemed suitable for vending
and approved by Council.
The current « Removal Zone » comprises:
All of Sussex Drive and MacKenzie Avenue,
All of MacKenzie King Bridge, and
The area of the former City of Ottawa bounded:
To the
north by Wellington Street north side and Rideau Street north side;
To the east by Colonel By Drive
east side to Main Street east side, Main Street east side to the Rideau
River;
To the
south by Rideau River south side; and
To the west
side by Bronson Avenue.
It is recommended that a second “Removal Zone” be
created to incorporate the remainder of the former City of Ottawa excluding the
original Removal Zone. The creation of
“Removal Zone 2” will enable the Designated Space Programme By-law to require
that qualified licensees obtain a permit to operate only from the newly
designated space(s), pay the related annual permit fee and require that the
licensee operate from the designated space(s) only and comply with all related
regulations. This recommendation
sets-up the regulatory framework needed to establish “designated spaces” within
the entire former City of Ottawa.
In itself, Recommendation 1(a) will have no impact to the
public or vendors outside of the former City of Ottawa, in that the “Vendors on
Highways By-law” reflects the situation in other former municipalities by
continuing the general prohibition on vending from any part of the highway nor
will it impact the vendors in the existing Removal Zone.
Recommendation 1 (b)
Establishing 26 new designated spaces within
the newly created designated space zone
On June 22, 2005, Council
approved the report entitled: By-laws – Vendors on Highways
(Ref.No. :ACS2005-CPS-BYL-0023).
The “Vendors on Highways By-law #2005-358” was enacted and passed on
August 24, 2005 with an effective date of May 15, 2006. As stated earlier the “Vendors on Highways
By-law” prohibits vending from any street or sidewalk except from designated
spaces. The report indicates the need to designate 26 new spaces under the
Designated Space Programme By-law in order to give qualified licensees who wish
to continue vending from highway spaces (within old Ottawa only) an opportunity
to obtain a designated space from which to operate.
Once approved the new designated
spaces will become part of the Designated Space Programme By-law and will be treated
in the same manner as the current designated spaces. The by-law prescribes the method of allocation (2008 proposal
call), permit application and issuance conditions and regulations, fees and
term of permit, permit fee payment schedules, transferability specifications
and conditions, exemptions, appeal process, authority for temporary suspension
of the designation, treatment of vacated spaces and enforcement of the by-law.
Process
The Department has identified 24 people who hold valid licenses that
authorize vending from street or sidewalk spaces issued under the former City
of Ottawa Licensing By-law L6-2000.
These people have been notified by mail of the Vendors on Highways
By-law regulations and the need to secure a designated space if they wished to
continue vending from the street or sidewalk.
By-law Services staff met with the licensees or their representative at
their preferred vending location. The
specific vending locations were recorded on site plans to help with the
internal review and approval process.
In some cases a second or alternate space was selected by the
licensee. Those alternate spaces also
form part of this report and were reviewed by staff for suitability.
The reviewing committee included Branch representatives from Fire
Services, Paramedic Service, Traffic and Parking Operations, Infrastructure
Services, Transit Services and Planning
and Infrastructure Approvals.
An information package containing a copy of the plan detailing the
proposed location of new Designated Spaces was reviewed by various City
departments and to obtain input, feedback, objections, approval of the
spaces.
The location of the proposed designated roadway and sidewalk spaces are
listed in Document 1 as Schedule “F” and Schedule “G” respectively.
Recommendation 1 (c)
Allocating the new designated spaces to qualified licensees;
Only licensees who currently hold
valid business licenses that authorize them to vend on the street and sidewalks
within the former City of Ottawa (issued under the former City of Ottawa
Licensing By-law L6-2000) are qualified to obtain a designated space under this
process.
The allocation of new designated
spaces is primarily intended to allocate on-street spaces or on-sidewalk spaces
to those qualified vendors who currently do not have a designated space.
However, the department is recommending that the process be available to other
qualified vendors who already hold designated space permits for spaces in the
downtown area to address special cases where the downtown designated space does
not provide for a viable business. Such
permit holder may request a second space from which to operate outside the
original zone for economic viability of the business.
A number of licensees have expressed concern that a single vending space
may not be sufficient to ensure the viability of their vending business. Some vendors alternate from space to space
depending on time of day or time of year to maximize revenues. Others already have a designated space
permit but only operate part time at the downtown space and must relocate
during the week due to parking and traffic regulations or other
considerations.
It is also recommended that alternative spaces be approved to allow
licensees to relocate if the main source of clientele is no longer
available. From time to time the main
tenant of an office building relocates leaving the vending operation without
sufficient customers. It is recommended
that in such cases the licensed vendor be allowed to find a suitable secondary
or alternate space.
It is recommended that those additional proposed designated spaces also
be approved to allow for flexibility.
Approval of alternative or secondary designated spaces for use by the
specific licensee requesting the space will help the vendor maintain his or her
current business.
Community and Protective Services
will offer the spaces to qualified licensees who have occupied the space in
most recent years. To operate from the
designated space the licensee will have to first obtain a designated space
permit in accordance with the Designated Space Programme By-law and pay the
annual fee.
A vendor who has requested a
second space must obtain a second permit and pay the requisite annual permit
fees for both designated spaces and continue to renew his or her business
licenses. The permit holder will only
be allowed to vend from one of the spaces at any one time.
Commencing in May 2008, the Designated Space Programme
By-law requires that the spaces be allocated by way of a proposal call open to
all qualified licensees.
Recommendation 1(d) and 1(e)
Delegating authority to staff to approve future suitable designated
spaces for qualified licensees;
The Department recommends that future amendments to designated spaces be
simplified by authorizing the Director of By-law Services to approve changes to
the Designated Space Programme By-law space listing subject to ensuring that
the spaces do not create safety or nuisance issues and that the modifications
do not compromise the fundamental principals of the programme and that the
Councillor in whose ward the designated space is proposed be consulted.
Although every attempt was made
to contact all affected licensees, staff was unable to reach all the licensees
in time to include their preferred space for approval in this report. In addition, a number of licensees indicated
that the winter months was not an opportune time to find a space or a
combination of spaces that would ensure the viability of their operation.
Community and Protective Services
believes that the licensees should be granted additional time during the 2006
vending season to identify potential suitable spaces. This will give licensees
time to identify and evaluate other potential vending spaces during the summer
months to determine if another space could help improve the business; or decide
if they wish to move to a private property location.
The newly approved designated spaces or approvals for relocation will
also require that the City Solicitor be delegated the authority to place the
required amending by-law directly on the agenda of Council for enactment.
Recommendation 1 (f)
Establish the annual permit fees for the designated spaces as follows:
|
|
Current Permit Fees
Original Designated
Space Zone
(former Ottawa’s
downtown)
|
Proposed Permit Fees
Designated Spaces
within the New Zone
(remainder of former
City of Ottawa)
|
|
|
2006
|
2007
|
2006
|
2007
|
|
Sidewalk Spaces
|
$1,375
|
$1,425
|
$400
|
$700
|
|
Street Spaces
|
$3,175
|
$3,300
|
$800
|
$1,500
|
The City of Ottawa Act 1996 gives Council the authority to establish fees
for designated space permits. The
current annual permit fees for designated spaces located within the original
removal zone (dowtown core within the former City of Ottawa are shown above for
information. When establishing the designated space permit fees in the mid
1990s the then Council considered the following elements: consideration for use
of public property, enforcement and administration costs, maintenance and
material costs, parking metre revenues losses.
The annual permit fees have been revised over the years to reflect cost
of living increases.
Community and Protective Services recommends that annual designated
permit fees for the proposed spaces be established at approximately half of the
fee charged for similar downtown spaces.
The department believes that the costs to City to maintain spaces
outside the downtown core and the fair consideration for use of public property
is approximately half of the costs associated with the downtown vending spaces.
The department recommends a lower fee for the first year to give affected
vendors time to determine the location’s ability to attract clientele and to
factor in the new designated space permit costs into their business plan.
2. That staff report back in 2007
with a comprehensive review of the Designated Space Programme By-law.
The programme has achieved its original objectives of
reducing the conflicts that existed in the downtown core. The programme is considered beneficial and
effective by both downtown vendors and staff.
However, a number of issues have come forward that will require a
comprehensive review of the programme by 2008.
Community and Protective Services will be undertaking a
review of the programme in order to address the following matters:
(a)
Homelessness Task Force Recommendations
(b)
Transferability of the Designated Spaces Permits to people
other than immediate family members
(c)
Permit Fees and the introduction of pro-rated fees based on
actual use of the space
(d)
Introducing a City-wide programme
(e)
Allocation of spaces – reviewing the benefits and
disadvantages of introducing the Proposal Call in 2008.
The Department expect to bring forward the report and
recommendations late in 2007 for implementation in early 2008.
CONSULTATION
A notice was mailed to all
affected vendors advising of the need and opportunity to identify vending
spaces. Staff assisted vendors on a
one-on-one basis throughout the process.
A Notice of Public Meeting was published in the Ottawa dailies on March 17
and March 23. The mandatory notice advises the public of proposed amendments to
the by-law and invites the public to provide comments or to attend the
Emergency and Protective Services Committee meeting at which the report
recommendations are to be considered.
On March 30 Branch representatives from Fire Services,
Paramedic Service, Traffic and Parking Operations, Infrastructure Services,
Transit Services and Planning and Infrastructure Approvals reviewed, provided
feedback and approved the proposed locations. A notice inviting all qualified vendors and affected BIAs to an
April 6 meeting was mailed in the week of April 3, 2006. The notice included
the proposed recommendations and locations of proposed designated spaces. The meeting was held to explain the proposed
recommendations and the Designated Space Programme regulations to vendors and
business improvement areas representatives.
FINANCIAL IMPLICATIONS
Approval of these recommendations is expected to
result in an increase in annual revenues in the estimated amount of $15,600 for
2006 and $10,600 in 2007 to be credited to the Operating Budget, profit centre
132710 By-law Licensing and Enforcement.
SUPPORTING DOCUMENTATION
Document 1 – Designated Space Programme – Proposed Amending
By-law
DISPOSITION
Community and Protective Services to implement City
Council’s decision. Corporate Services’
Legal Services Branch in consultation with By-law Services to process the
proposed amending By-law to Council for enactment as appropriate.
Document 1
BY-LAW
NO. 2006-
A
by-law of the City of Ottawa to amend By-law Number 300-96 of the old
Corporation of the City of Ottawa respecting the Designated Space Programme.
The Council of the City
of Ottawa enacts as follows:
1. Section 3 of By-law Number
300-96 of the old Corporation of the City of Ottawa entitled “A by-law of The
Corporation of the City of Ottawa respecting designated spaces for street
vendors”, as amended, is repealed and the following section is substituted
therefor:
3. The removal zones
designated under this by-law are the areas in which vending of goods or
refreshments on all or any part of the highways is prohibited except with a
permit for the designated space to which the permit relates.
2. Section
5 of the said By-law Number 300-96 is repealed and the following section is
substituted therefor:
5. The following areas are
designated as the areas in which all the highways or portions thereof, with the
exception of the part of Sparks Street established as a pedestrian mall, are
removal zones:
(a)
all of Sussex Drive and MacKenzie Avenue,
(b)
all of MacKenzie King Bridge,
(c)
the area of the City bounded to the north by Wellington Street
north side and Rideau Street north side; to the east by Colonel By Drive east
side to Main Street east side, and Main Street east side to the Rideau River;
to the south by the Rideau River south side; and to the west by Bronson Avenue
west side as set out within the heavy outline shown on the map set out in
Schedule “A” attached hereto, and
(d)
the remainder of the geographic area of the former City of
Ottawa as set out within the heavy outline shown on the map set out in Schedule
“A-2” attached hereto.
3. Section 6 of the said
By-law Number 300-96 is repealed and the following section is substituted therefor:
6.
The specific sites identified in Schedules “B” and “F” and
clearly marked at the actual site are designated as designated spaces on the
roadway in the removal zones from which only refreshments may be sold or
offered for sale.
4. Section 7 of the said
By-law Number 300-96 is repealed and the following section is substituted
therefor:
7. The specific sites
identified in Schedules “C” and “G” and clearly marked at the actual site are
designated as designated spaces on the sidewalk in the removal zones and the
type of goods or refreshments prescribed for the designated space are the only
type of goods or refreshments permitted to be sold or offered for sale in the
designated space.
5. Subsection 11(1) of the
said By-law Number 300-96 is repealed and the following subsection is
substituted therefor:
11. (1) In
2006 and 2007, no applicant shall be issued a permit unless:
(a)
the applicant has applied in person,
(b)
the applicant has filed one (1) full-faced photograph of the
applicant, or a size 1.5 inches square, taken not more than thirty (30) days
prior to the date of the application,
(c)
the applicant is the holder of an itinerant seller’s license
or a refreshment vehicle license of the appropriate license class, as
applicable,
(d)
the applicant has filed,
(i)
proof that in the year preceding the application he or she was
the holder of the permit associated with the space applied for, if the space is
a site identified on Schedule “B” or “C”, and
(ii)
cash or a certified cheque in the amount of the annual permit
fee of $3,175.00 in 2006 and $3,300.00 in 2007 for a roadway designated space
permit for a site identified on Schedule “B”,
(iii)
cash or a certified cheque in the amount of the annual permit
fee of $1,375.00 in 2006 and $1,425.00 in 2007 for a sidewalk designated space
permit for a site identified on Schedule “C”,
(iv)
cash or a certified cheque in the amount of the annual permit
fee of $800.00 in 2006 and $1,500.00 in 2007 for a roadway designated space
permit for a site identified on Schedule “F”, or
(v)
cash or a certified cheque in the amount of the annual permit
fee of $400.00 in 2006 and $700.00 in 2007 for a sidewalk designated space
permit for a site identified on Schedule “G”.
6. The said By-law Number
300-96 is amended by adding the following section immediately after Section 20:
20A. (1) A person may hold a maximum of two
designated space permits per the appropriate license provided that the person
complies with the provisions of Section 11 with respect to each space.
(2) Despite subsection (1), no permit holder may operate from
more than one of the two approved designated spaces at any one time.
7. The said By-law Number
300-96 is amended by adding the following heading and section immediately after
Section 49:
DELEGATION OF AUTHORITY
49A. (1) The Director of By-law Services is
delegated the authority to approve additional designated spaces within the
removal zone shown on Schedule “A-2” provided that:
(a) the Councillor in whose Ward the space
is located has been consulted;
(b) the space has been reviewed by
appropriate City departments for safety and nuisance concerns and deemed
suitable;
(c)
there is a maximum of two (2) spaces per vending license;
(d)
the licensee only operates from one of the two designated
spaces at any given time; and
(e) the applicant has complied with the
provisions of Section 11.
(2) The City Solicitor is authorized to
proceed directly to Council to designate the space as approved by the Director
of By-law Services on either Schedule “F” or “G” of this by-law, as applicable,
by way of placing a by-law directly on the Agenda of Council.
8. This
by-law includes Schedules “A-2”, “F” and “G” annexed hereto and Schedules
“A-2”, “F” and “G” are hereby declared to form part of the by-law.
ENACTED
AND PASSED this day of , 2006.
CITY
CLERK MAYOR
Schedule “F”
|
Roadway
Space #
|
Location (nearest municipal address or intersection.)
|
Vendor
Type
|
|
|
|
|
|
200
|
North side of Wellington (1145) east of McCormick
|
Food/Motor
|
|
|
|
|
|
201
|
West side of Courtwood minimum 15 metres south of Woodward
(1716)
|
Food/Motor
|
|
|
|
|
|
202
|
South side of Richmond between Patricia & Hilson
|
Food/Motor
|
|
|
|
|
|
203
|
West side of Booth (600) south of Norman
|
Food/Motor
|
|
|
|
|
|
204
|
South side of Wellington west of Holland
|
Food/Motor
|
|
|
|
|
|
205
|
East side of Booth minimum 15 metres north of Norman
|
Food/Motor
|
|
|
|
|
|
206
|
West side of Dumaurier (2865) a minimum of 15
metres from Ramsey and 20 metres from the bus stop
|
Food/Motor
|
|
|
|
|
|
207
|
East side of Bantree (1815) on gravel portion
|
Food/Motor
|
|
|
|
|
|
208
|
Conventry (419) at north west corner of 90 degree
turn
|
Food/Motor
|
|
|
|
|
|
209
|
South side of St. Laurent (2315) east of Thurston Minimum
20 m east of bus stop
|
Food/Motor
|
|
|
|
|
|
210
|
North side of Old Innes where Old Innes meets
Scheffield
|
Food/Motor
|
|
|
|
|
|
211
|
West side of Prince of Wales south of traffic circle
|
Food/Motor
|
|
|
|
|
Schedule “G”
|
Sidewalk
Space #
|
Location
(municipal address or nearest intersection.)
|
Vendor Type
|
|
|
|
|
|
230
|
North side of Carling southwest corner 1565
|
Food Cart
|
|
|
|
|
|
231
|
South side of Richmond (366) between Roosevelt and
Churchill
|
Food Cart
|
|
|
|
|
|
232
|
West side of Rochester (300) south of Gladstone
|
Food Cart
|
|
|
|
|
|
233
|
East side of Holland north side of Scott minimum 10m from
intersection
|
Food Cart
|
|
|
|
|
|
234
|
North side of Carling West side of Preston
|
Food Cart
|
|
|
|
|
|
235
|
East side of Fairlawn near Carling
|
Food Cart
|
|
|
|
|
|
236
|
North side Rideau (275) west of King Edward
|
Food Cart
|
|
|
|
|
|
237
|
North side of Lancaster (2723)
|
Food Cart
|
|
|
|
|
|
238
|
North side of Belfast 45m west of Michael
|
Food Cart
|
|
|
|
|
|
239
|
South side of Richmond between Patricia and Hilson
|
Food Cart
|
|
|
|
|
|
240
|
South side of Laurier Avenue West (66) east of pedestrian
crosswalk
|
Food Cart
|
|
|
|
|
|
241
|
North side of Laurier Avenue West (75) west of pedestrian
crosswalk
|
Food Cart
|
|
|
|
|
|
242
|
North side of Rideau (201) east of Waller
|
Ice Cream
|
|
|
|
|
|
243
|
West side of North River at McArthur
|
Food Cart
|
|
|
|
|
RÈGLEMENTS MUNICIPAUX –
PROGRAMME DE PLACE DÉSIGNÉES – MODIFICATIONS – PLACES ADDITIONNELLES
Susan Jones, Director, By-law Services,
accompanied by Jules Bouvier, Officer, Project Policy provided a PowerPoint
presentation.
In response to questioning from Councillor
Legendre, Ms. Jones indicated the following:
·
The former City
of Ottawa obtained special legislation in 1996 to set up the programme. The number of spaces downtown has decreased
from 100 spaces in 1996, to 53 in 2006 and from 30 to 28 outside the downtown
core, but within the former City of Ottawa.
·
When the City
amalgamated under the City of Ottawa Act 1999, which created the new
City of Ottawa, any legislation that applied to the geographic area of a former
municipality would continue to apply.
(This aspect was confirmed by Anne Peck, Legal Counsel, Legal Services.)
·
Vendors
currently operating would not be moved from their current location.
·
Staff are
seeking delegated authority for the Director of By-law Services to approve
future spaces in consultation with the ward councillor and with an appeal
mechanism.
·
Two fee
structures are being recommended: one for the downtown core and the second for
the existing 28 vendors outside the downtown core. New permit fees for these vendors will be phased in ($400 for a
sidewalk space, $800 for roadway space) and rise in 2007 to $750 and $15000
respectively.
·
When the
programme was initially set up, it was decided that licenses would be renewed
every three years through a tendering process to determine true market value;
however, the existing vendor would have
the right to match that bid plus $1 to retain the space.
In response to questions from Councillor
Hunter, Ms. Jones clarified that vendors operating within the boundaries of the
former City of Nepean are licensed to operate on private land, as they are
prohibited to vend on streets and sidewalks pursuant to the Vendors on Highways
By-law, which comes into effect on May 15, 2006.
With respect to a question from Councillor
Little on the new permit fees outside the downtown area, Ms. Jones indicated
that they reflect the cost of renting out space and cover enforcement
costs. She added that the City is
prohibited to charge fees to earn a profit.
Following questions from members, the
Committee heard from public delegations.
Mr. Kehfif-Hafaïedh, KH Fries and Mr. Niedlielh previously requested to speak, but were not
present.
Trung Van Ha indicated that he and his family arrived in
Canada in 1984. He thanked the City for
its support of the chipwagon industry, but raised concerns with the proposed
tendering process to determine market value for the designated spaces. Mr. Van Ha also discussed licensing and
permit fees, as well as the nature of his business and importance of location.
In response to the delegation, Ms. Jones
clarified that a comprehensive review will be undertaken next year and the
proposed changes being considered today would not impact the location of Mr.
Van Ha’s designated space at this time.
Following questions from Councillor Legendre, she also confirmed that
Council has deferred the tendering process, which has never been
undertaken. This and other issues will
be reviewed as part of the comprehensive review in 2007, which will include
consultation with all stakeholders. She
also undertook to review a particular instance noted by Councillor Legendre
with respect to a vendor operating on the former City of Ottawa/Vanier
border.
Jerzy Gorenko, a long-time hot dog stand operator outside
of the downtown area, expressed his concern with respect to the proposed new
fees, noting the impact on his operating costs. He indicated that he works seven months a year and could not make
the recent vendor consultation meeting due to a part-time job.
At Chair Deans’ request, Ms. Jones responded
noting that many vendors from outside the downtown core recognise that they
have been operating on the street without paying permit fees. She indicated that vendors have generally
not objected to the introduction of the permit fees and added that they can
move to private property at any time to avoid the location fee.
The Committee then considered a technical
amendment to the report.
Moved by Councillor G. Hunter:
WHEREAS By-law Services staff has noted
that clarification of certain technical wording in Schedules “F” and “G”
attached to the draft by-law is in order;
THEREFORE BE IT RESOLVED that the draft
by-law, attached to the staff report as Document 1, be amended as follows:
235 East
side of Fairlawn at a minimum distance of 45 Food Cart
meters
south of Carling
240 South side of Laurier Avenue
East (66) east of the Food Cart
pedestrian crosswalk
242 North side of Rideau
(201) east of Waller Food
Cart
CARRIED
The Committee then considered the
departmental recommendation as amended.
That the Emergency and Protective Services
Committee recommend Council approve:
1. Amendments to the former
City of Ottawa Designated Space Programme By-law 300-96, as detailed in
Document 1, as amended by the foregoing motion to establish new vending locations outside
the programme’s original downtown designated space zone by:
(a) Establishing a separate designated space zone that will
encompasses the remainder of the former City of Ottawa;
(b) Establishing 26 new designated spaces within the newly created
designated space zone;
(c) Allocating the new designated spaces to qualified licensees;
(d) Delegating authority to the Director of By-law Services to
approve designated spaces for qualified licensees who have not yet identified a
suitable space during this process and to approve a second designated space for
permit holders who request same or for a permit holder who wishes to relocate,
provided:
i) the Councillor in whose Ward the space is located has been
consulted;
ii) the spaces have been reviewed by appropriate City Departments for
safety and nuisance concerns and deemed suitable;
iii) that there is a maximum of 2 spaces per vending license; and
iv) the licensee can only operate from one of the two (2) spaces at any
given time;
(e) Delegating authority to the City Solicitor to include a space
approved by the Director of By-law Services in accordance with (d) in Schedule
“F” or “G” as applicable of the Designated Space Programme By-law by way of an
amending by-law placed directly on the Agenda of Council;
(f) Establishing the annual permit fees per space located within the
new designated space zone as follows:
Proposed
Permit Fees
New
Designated SpaceZone
(Old City of Ottawa)
2006 2007
Sidewalk Spaces $ 400 $
700
Street Spaces $
800 $1,500
2. That staff report back in 2007 with a comprehensive review of the
Designated Space Programme By-law.