2009-009 Require the Issuance of an Annual Moving Permit for Oversized Equipment or MachineryTHE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 2009-009
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. 2005-060
WHEREAS Section 110 of the Highway Traffic Act, R.S.O. 1990, c. H.8, 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, S.O. 2001, c.25, as amended, Section 11,
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 has enacted a By-law to
provide for the imposition of fees or charges;
AND WHEREAS the Council of the Township of Ora-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 the Highway Traffic Act, R.S.O. 19901, c. H.8, as amended.
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.
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 31St 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. Council for the Township of Oro-Medonte does hereby authorize the Director of
Transportation and Environmental Services 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.Q. 1990, c. P.33, as amended, and every such fine is
recoverable under the Provincial Offences Act.
16. By-law No. 2005-060 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 28TH DAY OF JANUARY, 2009.
BY-LAW READ A THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF
JANUARY, 2009.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
Mayor, H. ghes
Cl c, J. DoctglAs Irwin
Appendix "A" to By-law 2409-009
TOWNSHIP OF ORO-MEDDTE
ANNUAL MOVING PERMIT
COMPANY NAME: -
CONTACT PERSON:
ADDRESS:
FAX NO.:
TELEPHONE NO.:
1. Maximum width -
Maximum height s ecif
Licensed weight - (p y)
(As defined in the Highway Traffic Act, R.S.O. 1990, a H.B, as amended}
to December 31,
2. This Permit is valid from
on the Township of Ora-Medonte roads listed as follows:
3. The Permit shall be subject to the following conditions: contractors while in the
a) All farm equipment or machinery, and machinery used by
employ of the Township of Ora-Medonte, are exempt.
Tpment or ownship machinery on
b) Should damages occur during the movement of oversized reinstateequi
Township road allowances, the permit holder shall ry out the required
allowance to its original state. Failure of the permit holder to carrry out the the works and Medont restorative works will result in the Townsf
invoiced for cons Dneurred by theeTownship.
the permit holder shall b
tion c) The Permit holder shall be responsible
fort {e regulaad uof traffic. and make proper
d) The Permit hoiden shat{ be responsible
arrangements for utility assistance. olive escort, if required.
of the Commercial
e) The Permit holder shall arrange oof of liability insurance and a copy
f) The Permit holder shall provide p pr riot to the permit being issued.
Vehicle Operator's Registration (C.V.Ocial p
allowances.
g) During the load restriction periods, special permission ouMdonte obtained
greater than five (5) tonnes per axle on Township of claims f he Permit holder understands that he/she is fully t responsible t for
Township ofor any
h) T e that may arise against to Corporation
or damag ing Township roadways while the
performed. ipment occupy to one half hour before sunrise or
move(s) Medonte, isldua due to
i) This permit is not valid from one half hour after sunset distance of 150 metres
clearly nfav ole ateaatmosphere or
at any other time when, due to insufficient
conditions, persons and vehicles are not Y discer
or less. the t I) A permit fee to be paid, to the Corporation of the Township ship of-MOe~ me at Medonte Feime
of issuance of the permit, shall be as approved in the and Charges By-law.
DATE
DIRECTOR OF TRANSPORTATION
AND TENVIRONMENTAL OWNSHIP OF ORO-MEDONTE ES,
1 hereby acknowledge receipt of this Permit and agree to comply with the terms therein:
DATE
PLiGANT
SIGNATURE OF AP