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2012-092 Regulate Hours of Operation of Pits and QuarriesTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2012 -092 A By -law to Regulate the Hours of Operation of Pits and Quarries within the Township of Oro - Medonte and to repeal By -Law No. 97 -59 WHEREAS Section 124 of the Municipal Act, 2001, S.O. 2001, c.25, as amended authorizes, without limiting Sections 9, 10 and 11, a local municipality may regulate the operation of a pit or a quarry; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte deems it desirable to regulate the operation of a pit or a quarry and authorize the Director of Transportation and Environmental Services to amend the hours of operation on a temporary basis in his /her sole discretion in emergency situations or extenuating circumstances. NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: DEFINITIONS a) "Pit" means a place where unconsolidated gravel, stone, sand, earth, clay, fill, mineral or other material is being or has been removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes; b) "Quarry" means a place where consolidated rock has been or is being removed by means of an open excavation to supply material for construction, industrial or manufacturing purposes; c) "Township" means the geographic limits of the Township of Oro - Medonte. 2. HOURS OF OPERATION a) No person shall operate or permit the operation of a pit or quarry or any machinery or equipment used in connection therewith, other than water pumping equipment, between the hours of 10:00 p.m. o'clock in the evening of any day and 6:00 a.m. o'clock in the morning of the next day or on any Sunday. b) Notwithstanding Section 2a), the Director of Transportation and Environmental Services is hereby authorized to amend the hours of operation on a temporary basis in his /her sole discretion in emergency situations or extenuating circumstances. 3. OFFENCES Any person who contravenes any of the provisions of this By -law may be charged with an offence and upon conviction shall be liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. 4. VALIDITY AND SERVERABILITY Should any section, sub - section, clause, paragraph or provision of this By -law be declared by a court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of any other provisions of this By -law or of the By -law as a whole. 5. EFFECTIVE DATE a) That By -law No. 97 -59 is hereby repealed in its entirety. b) That this by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 9" DAY OF MAY, 2012. THE CORPORATION PF THE TOWNSHIP OF ORO- MEDONTE , K.S. Hythes FIVA J. Oouef[As Irwin