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2012-180 Prohibit Heavy Truck TrafficTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 2012 -180 A By -law to Prohibit Heavy Truck Traffic On Certain Highways within the Township of Oro - Medonte And to Repeal By -law No. 2012 -091 (No Heavy Truck Routes) WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended authorizes a municipality to pass by -laws respecting highways, including traffic on highways; AND WHEREAS Council deems is appropriate to prohibit heavy truck traffic on certain highways under the jurisdiction of the Township of Oro - Medonte; NOW THEREFORE the Council of the Township of Oro - Medonte hereby enacts as follows: 1. 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. b) "sign" means a sign as described as "No Heavy Trucks" pursuant to Highway Traffic Act, R.R.O. 1990, Regulation 615 — Signs, as amended. 2. OFFENCES a) No person shall operate a heavy truck on the highways or parts of highways identified in Schedule "A" to this by -law. b) No person shall permit a heavy truck to be operated on the highways or parts of highways identified in Schedule "A" to this by -law. 3. EXEMPTIONS Notwithstanding Section 2 of this by -law, 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 waste management vehicles while engaged in picking up waste from premises abutting thereon, 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. Page 1 of 3 5. REPEAL a) Township of Oro - Medonte By -law No. 2012 -091 is hereby repealed in its entirety. 6. ENACTMENT a) Schedule "A" attached hereto shall form part of this by -law. b) This by -law may be cited as "No Heavy Truck Routes ". c) This by -law shall take effect on the final passing thereof. BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 24TH DAY OF OCTOBER, 2012. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE i7 / J g fe ---- Cie/k, J._Soutdab Irwin Page 2 of 3 Schedule "A" to By -law No. 2012 -180 for The Corporation of the Township of Oro - Medonte The prohibitions set out in Section 2 of By -law No. 2012 -180 shall apply on the highways or parts of highways identified hereunder: Highway From To Line 2 North 50/51 Sideroad Mount St. Louis Road West Line 2 South South of Bay Street The end of Line 2 South at Lake Simcoe Line 5 North Highway 11 Old Barrie Road West Line 12 North Highway 11 Old Barrie Road East Line 13 North Highway 11 Old Barrie Road East Line 14 North Highway 11 Old Barrie Road East Line 15 North Highway 12 Bass Lake Sideroad East Page 3 of 3 PROVINCIAL OFFENCES ACT PART 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. 2012 -180, for the Corporation of the Township of Oro - Medonte, attached hereto is the set fine for those offences. This Order is to take effect January 15th, 2013. DATED at Newmarket this 15th day of January, 2013. A �1 r4 Gregory Regis Regional Senio J stice Central East Region By -Law No. 2012 -180 Being a By -law to Prohibit Heavy Truck Traffic On Certain Highways within the Township of Oro- Meclonte. ( "No Heavy Truck Routes ") Part I Provincial Offences Act Provisions Item Short Form Wording Creating or Set Fine Defining Offence 1 10perate heavy truck on a prohibited highway. 2(a) $300.00 2 jPermit heavy truck to be operated on prohibited highway. 2(b) $300.00 NOTE: The penalty provision for the offences indicated above is Section 4 of By -law No. 2012 -180.