2012-163 Amend 2012-143 Towing By-lawTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2012 -163
A By -law to Amend By -law No. 2012 -143,
Being a By -Law to License and Regulate Towing Companies, Tow Truck
Owners and Tow Truck Drivers ( "Towing By- Law ")
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, enables
a municipality to enact By -Laws for the purpose of business licensing;
AND WHEREAS Part IV of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides for Licenses;
AND WHEREAS Section 151 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a municipality may provide for a system of Licenses with respect to a
business;
AND WHEREAS Section 155 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
provides that a local municipality, in a By -Law under Section 151 with respect to owners
and drivers of Tow Trucks and vehicles, other than motor vehicles, used for hire may (a)
establish rates of fares to be charged for the conveyance of property or passengers either
wholly within the municipality or from any point in the municipality to any point outside the
municipality; and (b) provide for the collection of the rates or fares charged for the
conveyance;
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte did on
the 15th day of August 2012, enact By -law NO. 2012 -143, being a By -law to License and
Regulate Towing Companies, Tow Truck Owners and Tow Truck Drivers ( "Towing By-
law');
AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte does
now deem it expedient to amend By -law No. 2012 -143.
NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as
follows:
1. That Section 9.7e) of Appendix "A" to By -law No. 2012 -143 be deleted in its
entirety.
2. That Appendix "A" Index to By -law No. 2012 -143 be amended by adding the
following:
OFFENCES..................................................................... .............................22
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3. That Appendix "A" to By -law No. 2012 -143 be amended by adding the following
Section:
22. OFFENCES
a) No person shall hinder or obstruct, or attempt to hinder or obstruct, any
Officer exercising a power or performing a duty under this By -law. Any
person who is alleged to have contravened any of the provisions of this By-
law shall identify themselves to the Officer upon request, failure to do so
shall be deemed to have obstructed or hindered the Officer in the
execution of their duties.
b) 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.
c) 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 provisions of the
Municipal Act, 2001, S.O. 2001, c.25, Section 442, as amended, shall
further apply to any continued or repeated breach of this By -law.
d) 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.
4. This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 5T" DAY
OF SEPTEMBER, 2012.
THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
M yor, H.S. HLd6ei
Clef, J. DogIbs Irwin
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