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2003-042 To prohibit Heavy Truck Traffic in the Township of Oro-MedonteFdr•'• �•� BY-LAW NO. 2003-042 BEING A BY-LAW TO PROHIBIT HEAVY TRUCK TRAFFIC IN THE TOWNSHIP OF ORO-MEDONTE WHEREAS the Municipal Act, S.O. 2001, c.25, as amended, s. 11 (2) authorizes a municipality to pass by-law respecting traffic on highways; AND WHEREAS Council deems it appropriate to prohibit heavy truck traffic on certain highways; NOW THEREFORE the Council of The Corporation of the Township of Oro-Medonte hereby enacts as follows: DEFINITIONS For the purpose of this by-law the following definitions shall apply: a) "heavy truck" means a truck having an unloaded weight of at least 4.6 metric tonnes (Regulation 601, R.R.O. 1990, Highway Traffic Act). b) "sign" means a sign as described in Division 2 — Regulatory Section "No Heavy Truck Sign" of the Manual of Uniform Traffic Control Devices, Ministry of Transportation, Ontario. 2. OFFENCES When suitable signs have been erected and are on display, heavy truck traffic is prohibited on the highways or parts of highways named in Schedule 'A' to this by-law. 3. EXEMPTIONS The provisions of this by-law shall not extend to the use of the said highways or parts of highways for deliveries to or removals from any premises abutting thereon, to emergency services vehicles, to public utility vehicles, to vehicles actually engaged in works undertaken for or on behalf of the Corporation, or to a privately-owned vehicle driven to or from the owner's residence abutting thereon. 4. Enforcement and Fines a) 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, Chapter P. 33, and every such fine is recoverable under the Provincial Offences Act. b) The conviction of an offender upon the breach of any provisions of this By- law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision and the Judge or Justice may convict any offender repeatedly for continued or subsequent breaches of the By-law and the provisions of the Municipal Act, S.O. 2001, c.25, as amended, from time to time, shall further apply to any continued or repeated breach of this By-law. c) 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 any reason, such provision shall be deemed to be severable and shall not invalidate any other provisions of the By-law which shall remain in full force and effect. - 2 - 5. ENACTMENT a) Schedule "A" as set out herein and attached hereto forms part of this By- law. b) This By -law shall come into full force and effect on the date of its final passing. BY -LAW READ A FIRST AND SECOND TIME THIS 7th DAY OF MAY, 2003. BY -LAW READ A THIRD TIME AND FINALLY PASSED THIS 7th DAY OFMAY, 2003. q— ke".� Ma r, J. Neil Craig Clerk, Mariloi Pennyco 0 11 BY-LAW NO. 2003-042 SCHEDULE "A" The prohibitions set out in By-law No. 2003-042 shall apply on the highways or parts of highways named hereunder: Highway Line 2 South From South of Bay Street M. the end of Line 2 South at Lake Simcoe