2013-083 Prohibit Heavy Truck Traffic on Certain Hwy'sTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE
BY -LAW NO. 2013 -083
A By -law to Prohibit Heavy Truck Traffic
On A Certain Highway within the Township of Oro - Medonte
WHEREAS Section 11 (3) of the Municipal Act, 2001, S. 0. 2001, c.25, as amended
authorizes a municipality to pass by -laws respecting highways, including traffic on
highways.
AND WHEREAS Section 27(1) of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides that a municipality may pass By -laws in respect to highways over
which it has jurisdiction.
AND WHEREAS, at its April 24, 2013 meeting, Council deemed it appropriate, per
Motion No. C130424 -21, to prohibit heavy truck traffic on a certain highway 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) "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.
c) "sign" means a sign as described as "No Heavy Trucks" pursuant to Highway Traffic
Act, R.R.O. 1990, Regulation 615 — Signs, as amended.
d) "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.
2. GENERAL REGULATIONS
a) The Director of Transportation and Environmental Services, or his /her designate, for
The Township of Oro - Medonte, shall have the authority to place or erect and to
maintain such authorized signs as are required to give effect to the provisions of this
By -law.
b) Schedules to this By -law shall form part of this By -law and each entry in a column of
such a Schedule shall be read in conjunction with the entry or entries across there
from and not otherwise.
3. OFFENCES
a) No person shall operate a heavy truck on the highways or parts of highways
identified in Schedule "A" to this by -law between the hours of 10:00 p.m. to 7:00 a.m.
inclusive.
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 between the hours of 10:00 p.m. to
7:00 a.m. inclusive.
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4. 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, except a pit or quarry, 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.
5. 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.
6. ENACTMENT
a) Schedule "A" attached hereto shall form part of this by -law.
b) This by -law shall take effect on the final passing thereof.
BY -LAW READ A FIRST, SECOND AND THIRD TIME, AND PASSED THIS 8T" DAY
OF MAY, 2013.
THE CQJRI ORAJION�QF THE TOWNSHIP OF ORO- MEDONTE
ato`r, H.S! Hu;gfies
. DoucKds Irwin
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�1
Schedule "A"
to By -law No. 2013 -083 for
The Corporation of the Township of Oro - Medonte
The prohibitions set out in Section 2 of By -law No. 2013 -083 shall apply on the
highways or parts of highways identified hereunder:
Highway
From
To
Line 7 North
County Road 22, Horseshoe
Valley Road
Southerly for a distance of 4.1 km.
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