2005-060 To Require the Issuance of an Annual Moving Permit for Oversized Eqiupment or Machinery upon Township of Oro-Medonte road allowance and to Repeal By-law 2005-048
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2005-060
A By-law to require the Issuance of an Annual Moving Permit for Oversized
Equipment or Machinery upon Township of Oro-Medonte road allowances
And to Repeal By-law No. 2005-048
WHEREAS Section 110 of the Highway Traffic Act, R.S.O. 1990, c. H.B, as amended,
authorizes a municipal corporation to grant a permit for use of a highway by vehicles in
excess of the dimensional limits or weight limits identified in the Act;
AND WHEREAS the Municipal Act 2001, 5.0. 2001, c.25, as amended, Section 11,
Sub-section 1, provides that municipalities may pass by-laws within the sphere of
jurisdiction with respect to traffic on highways;
AND WHEREAS the Council of the Township of Oro-Medonte did, on the 4th day of
May, 200S, enact By-law No. 2005-043 to provide for the imposition of fees or charges;
AND WHEREAS the Council of the Township of Oro-Medonte deems it necessary and
desirable to pass a by-law requiring the issuance of an annual moving permit for
oversized equipment or machinery upon Township of Oro-Medonte road allowances;
NOW THEREFORE the Council of the Township of Oro-Medonte hereby enacts as
follows:
1. DEFINITIONS
a) "Oversize" shall mean all equipment or machinery that is greater than the limits
defined in Section 109 and Part VIII of the Highway Traffic Act, R.S.O. 1990, c.
H.B, as amended:
2.60 metres in width, and/or
4.15 metres in height, and/or
licensed weight.
2. That every person moving oversize equipment or machinery upon Township of Oro-
Medonte road allowances shall obtain an annual moving permit, attached hereto as
Appendix "A".
3. Notwithstanding Section 2 above, all farm equipment or machinery, and machinery
used by contractors while in the employ of the Township of Oro-Medonte, are
exempt from this by-law.
4. That should damages occur during the movement of oversized equipment or
machinery on Township road allowances, the permit holder shall reinstate the
Township road allowance to its original state. Failure of the permit holder to carry
out the required restorative works will result in the Township of Oro-Medonte
performing the works and the permit holder shall be invoiced for costs incurred by
the Township.
5. That the permit holder shall be responsible for the regulation of traffic.
6. That the permit holder shall be responsible for all overhead utility lines and make
proper arrangements for utility assistance.
7. That the permit holder shall arrange for a police escort, if required.
8. That the permit holder shall provide proof of liability insurance and a copy of the
Commercial Vehicle Operator's Registration (C.V.O.R.), prior to the permit being
issued.
9. That the permit holder understands that he/she is fully responsible for any claims for
any accident or damage that may arise against the Corporation of the Township of
Oro-Medonte, due to the various equipment occupying Township roadways while the
move(s) is/are being performed.
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10. That during load restriction periods, special permission must be obtained to move
loads greater than 5 tonnes per axle on Township of Oro-Medonte road allowances.
11. That the permit issued is not valid from one half hour after sunset to one half hour
before sunrise or at any other time when, due to insufficient light or unfavourable
atmosphere or conditions, persons and vehicles are not clearly discernible at a
distance of 150 metres or less.
12. That every permit issued pursuant to this by-law shall expire on the 31 st day of
December in the year in which it was issued.
13. The permit fee to be paid, to the Corporation of the Township of Oro-Medonte at the
time of issuance of the permit, shall be as approved in the Township of Oro-Medonte
Fees and Charges By-law.
14.CouncilJor the Township of Oro-Medonte does hereby authorize the Public Works
Superintendent to issue annual moving permits on its behalf.
15. That every person who contravenes any Provision of this by-law is guilty of an
offence and shall be liable to a fine in an amount to be determined pursuant to the
Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, and every such fine is
recoverable under the Provincial Offences Act.
16. By-law No. 2005-048 is hereby repealed in its entirety.
17. This by-law shall come into force and effect upon final reading.
BY-LAW READ A FIRST AND SECOND TIME THIS 1ST DAY OF JUNE, 2005.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF JUNE,
2005.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
II
1\
I
~w
or, J. Neil Craig
,
Appendix "A" to By-law 2005-060
TOWNSHIP OF ORO-MEDONTE
ANNUAL MOVING PERMIT
COMPANY NAME:
CONTACT PERSON:
ADDRESS:
TELEPHONE NO.:
FAX NO.:
i. Maximum width 2.60 mefres
Maximum height - 4. i 5 metres
Licensed weight - (specify)
(As defined in Section 109 and Part VIII of the Highway Traffic Act, R.S.O. 1990, c. H.B, as amended)
2. This Permit is valid from fo December 31,
on the Township of Oro-Medonte roads lisfed as follows:
3. The Permit shall be subject to the following conditions:
a) All farm equipmenf or machinery, and machinery used by contractors while in fhe employ
of the Township of Oro-Medonte, are exempt.
b) Should damages occur during the movement of oversized equipmenf or machinery on
Township road allowances, fhe permif holder shall reinstate the Township road
allowance to its original state. Failure of the permit holder to carry out fhe required
restorative works will result in the Township of Oro-Medonte performing the works and
the permit holder shall be invoiced for costs incurred by fhe Township.
c) The Permit holder shall be responsible for the regulation of fratfic.
d) The Permit holder shall be responsible for all overhead ufility lines and make proper
arrangements for utilify assisfance.
e) The Permit holder shall arrange for a pOlice escort, if required.
f) The Permit holder shall provide proof of liability insurance and a copy of fhe Commercial
Vehicle Operator's Registration (C.V.O.R.), prior to the Permit being issued.
g) During fhe load resfriction periods, special permission must be obfained fo move loads
greater than five (5) tonnes per axle on Township of Oro-Medonte road allowances.
h) The Permit holder understands that he/she is fully responsible for any claims for any
accident or damage thaf may arise againsf fhe Corporation of fhe Township of Oro-
Medonfe, due fo fhe various equipment occupying Township roadways while fhe move(s)
is/are being performed.
i) This permit is not valid from one half hour after sunset to one halt hour before sunrise or
at any other time when, due to insufficienf light or unfavourable afmosphere or
condifions, persons and vehicles are not clearly discernible at a distance of 150 metres
or less.
j) A perm if fee fo be paid. to the Corporation of fhe Township of Oro-Medonte at fhe fime of
issuance of fhe permit, shall be as approved in fhe Township of Oro-Medonfe Fees and
Charges By-law.
PUBLIC WORKS SUPERINTENDENT -
TOWNSHIP OF ORO-MEDONTE
DATE
I hereby acknowledge receipt of this Permit and agree to comply with the terms therein:
DATE
SIGNATURE OF APPLICANT