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2007-074 To Permit Parking on Highways and Other Designated Areas within the Township of Oro-MedonteTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2007 -074 A By -law to Provide for Permit Parking on Highways and Other Designated Areas within the Township of Oro - Medonte WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a lower -tier municipality may pass by -laws respecting highways, including parking and traffic on highways and respecting parking, except on highways; AND WHEREAS Section 27 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states a municipality may pass by -laws in respect of a highway only if it has jurisdiction over the highway; AND WHEREAS Sections 63 and 101 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provide for the removal and impounding or restraining and immobilizing of any vehicle placed, stopped, standing or parked in contravention of the by -law; AND WHEREAS the Council of the Corporation of the Township of Oro - Medonte deems it expedient to provide for permit parking on highways and other designated areas within the Township of Oro - Medonte; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. DEFINITIONS 1.1 The meaning ascribed to any term defined in sub - section 1 of Section 1 of the Highway Traffic Act, R.S.O. 1990, Chapter H.8, as amended, are the meanings of that term as used in this by -law, unless that term is otherwise defined in this by -law. 1.2 "Authorized Sign" means a sign or other device placed or erected on a highway or elsewhere pursuant to the provisions of this by -law. 1.3 "Council" means the Council of The Corporation of the Township of Oro - Medonte. 1.4 "Driveway" means improved land on a highway which provides vehicular access from the roadway to a laneway or a parking area on adjacent lands. 1.5 "Municipality" means The Corporation of the Township of Oro - Medonte. 1.6 "Non- resident' means an individual who does not either reside or rents /owns property within the boundaries of the Township. 1.7 "Permit' means a permit to park a motor vehicle in the locations identified in Schedule "A" of this by -law. 1.8 "Resident" means an individual who resides or rents /owns property within the boundaries of the Township. 1.9 "Township" means the Township of Oro - Medonte. 1.10 "Vehicle" includes a motor vehicle, trailer, commercial motor vehicle, an automobile, motorcycle, motor assisted bicycle, a motorized snow vehicle, and any other vehicle propelled or driven otherwise than by muscular power. 2. GENERAL REGULATIONS 2.1 The Public Works Superintendent for the Township, or designate, shall have authority to place or erect and to maintain such authorized signs as are require to give effect to the provisions of this by-law. 2.2 No person shall place, maintain or display on any highway, or other designated area, any sign, marking or device which purports to be, or is an imitation of, or resembles an authorized sign or which conceals from view or interferes with the effectiveness of an authorized sign. 2.3 This by-law applies to highways forming part of the road system under the jurisdiction of the municipality, and other designated areas as defined in Schedules "A" and "B". 2.4 If compliance therewith be impractical, the provisions of this by-law shall not apply to: 2.4.1. ambulances, police, fire department, or public utility emergency vehicles; or, 4.2. vehicles actually engaged in works undertaken for, or on behalf of the municipality. 3. PERMIT PARKING 3.1 Permits for the parking of motor vehicles are hereby authorized and assigned as the Council of the Corporation of the Township of Oro-Medonte may hereafter designate for the locations specified in Schedules "A" and "B" of this by-law. 3.2 Permits shall be issued to residents, at no charge, through the Township Administration Office. Such permits will allow the holder to park in the locations specified in Schedules "A" and "B" of this by-law, provided that all other provisions of this by-law are complied with. 3.3 Permits may be purchased, on a daily basis, by non-residents, for a fee as specified in the Township Fees and Charges by-law. Permits purchased by non-residents will allow the holder to park in the locations specified in Schedule "B" of this by-law, provided that all other provisions of this by-law are complied with. 3.4 While a motor vehicle is parked pursuant to a permit issued under this by- law, the permit shall be placed on or affixed to the motor vehicle, to be openly displayed and clearly visible. 3.5 Vehicles shall not park in the designated areas during periods of road maintenance or snow removal. 3.6 When authorized signs have been erected, no person shall park or stop a vehicle or permit a vehicle to remain parked in any location identified in Schedules "A" and "B" of this by-law unless a parking permit has been issued and is appropriately display in accordance with the provisions of this by-law. 4. OFFENCES: 4.1 Every person who contravenes any Provision of this by-law is guilty of an offence and shall be liable to a fine in the amount to be determined pursuant to the Provincial Offences Act, R.S.O. 1990, c. P.33, and every such fine is recoverable under the Provincial Offences Act. 4.2 The owner of a vehicle may be charged with and convicted of an offence under this by-law for which the driver or the vehicle is subject to be charged and on conviction the owner is liable to the penalty prescribed or provided for the offence, unless, at the time of the offence, the vehicle was in possession of some person other than the owner without the owner's consent. 4.3 If any court of competent jurisdiction finds that any of the provisions of this by-law are ultra vires the jurisdiction of Council, or are invalid for a reason, such provision shall be deemed to be severable and shall not invalidate any of the other provisions of the by-law which shall remain in full force and effect. This By-law shall be enforced by the By-law Enforcement Department and/or its Agents. 5. IMPOUND VEHICLE 5.1 Notwithstanding any other penalty imposed by this by-law, the Township may have the vehicle towed away and impounded at the owner's expense pursuant to Section 170 of the Highway Traffic Act, R.S.O. 1990, Chapter H.B, as amended. 5.2 Ail towing and impounding charges incurred shall become a lien against the vehicle and enforced in accordance with the Repair and Storage Liens Act, R.S.O. 1990, Chapter R.25, as amended. 6. ENACTMENT: 6.1 That Schedules "A" and "B" attached hereto shall form part of this By-law; 6.2 This by-law shall take effect on the final passing thereof. BY-LAW READ A FIRST AND SECOND TIME THIS 27T" DAY OF JUNE, 2007. BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 27T" DAY OF JUNE, 2007. THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE Mayor, H.S. 4 ~ • ~~ ,Y~•/ ' 1 Cler , J. Do gl s Twin Schedule "A" to By-law No. 2007-074 for The Corporation of the Township of Oro-Medonte PERMIT PARKING -HIGHWAYS The provisions of this by-law shall be in force and effect for the locations identified on Saturdays, Sundays, Victoria Day, Canada Day, Civic Holiday and Labour Day, or any other day recognized in lieu of a statutory holiday, for the period commencing Victoria Day weekend to Labour Day weekend inclusive, in each year. LOCATION FROM TO Kirkpatrick Street (both sides) Tudhope Blvd. (both sides) Tudhope Blvd. (both sides) Rail Trail Drive (both sides) Springhome Road (both sides) Memorial Crescent (both sides) Lakeshore Road E Lakeshore Road E Kirkpatrick Street Tudhope Blvd. Rail Trail Drive Lakeshore Road E Tudhope Blvd. Kirkpatrick Street Rail Trail Drive Springhome Road Kirkpatrick Street Lakeshore Road E Indian Road Memorial Crescent Memorial Crescent (both sides) Schedule "B" to By-law No. 2007-074 for The Corporation of the Township of Oro-Medonte PERMIT PARKING -OTHER DESIGNATED AREAS The provisions of this by-law shall be in force and effect for the locations identified on Saturdays, Sundays, Victoria Day, Canada Day, Civic Holiday and Labour Day, or any other day recognized in lieu of a statutory holiday, for the period commencing Victoria Day weekend to Labour Day weekend inclusive, in each year. LOCATION AREA Bayview Memorial Park Designated areas on the property PROVINCIAL OFFENCES ACT PART II IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice, that the amount set opposite each of the offences in the attached schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No. 2007-074, for the Corporation of the Township of Oro-Medonte, attached hereto is the set fine for those offences. This Order is to take effect September 20tH , 2007. DATED at Newmarket this 20tH day of September, 2007. Gregory Regis Regional Senior Justice Central East Region By-law No. 2007-074 A By-law to Provide for Permit Parking on Highways and Other Designated Areas within the Township of Oro-Medonte Part II Provincial Offences Act Item Short Form Wording Provisions Creating or Definin Offence Set Fine 1 Parkin without a ermit Section 3.6 $60 NOTE: The penalty provision for the offences indicated above is Section 4 of By- Law 2007-074, a certified copy of which has been filed.