HomeMy WebLinkAboutBy-law 1235/81THE CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 1235/81
Being a By-Law to amend By-Law 851/78
providing for the regulating of narking,
standing and stopping on highways or
parts of highways under the jurisdiction
of the Corporation of the Town of Pick-
ering and on private and Municipal
property.
WHEREAS, pursuant to certain provisions in sections 354, 363,
364 and 460 of The Municipal Act, R.S.O. 1970, chapter 284,
as amended, the Council of the Corporation of the Town of
Pickering enacted By-Law 851/78 on July 10th, 1978, to
provide for the regulating of parking, standing and stopping
on highways or parts of highways under the jurisdiction of
the Corporation of the Town of Pickering, and on private and
municipal property; and
WHEREAS, it is deemed necessary to clarify certain provisions
thereof;
NOW THEREFORE, the Council of the Corporation of the Town of
Pickering HEREBY ENACTS AS FOLLOWS:
1. Section 11 of By-Law 851/78 is hereby revoked and the
following substituted therefor:
11.(1) Every person who contravenes this By-Law is
guilty of an offence and on conviction is
liable to a fine of,
(a) Five Dollars ($5.00) for each offence,
exclusive of costs, where the contra-
vention is of any of the provisions of
subsections (3), (4) or (5) of section
8 of this By-Law;
(b) Ten Dollars ($10.00) for each offence,
exclusive of costs, where the contra-
vention is of any of the provisions of
subsections (1), (2), (4), (5), (6) or
(8) of section 3; section 5; section 7;
subsection (6) of section 8; subsections
(2) or (3) of section 9; or section 10 of
this By-Law;
(c) Fifteen Dollars ($15.00) for each offence,
exclusive of costs, where the contraven-
tion is of any of the provisions of sub-
sections (3) or (7) of section 3; section
4; section 6; subsections (8) or (9) of
section 8; or subsection (4) of section
9 of this By-Law;
recoverable under the provisions of The Summary
Convictions Act.
(2) The owner of a vehicle that is narked, stopped
or left standing, as the case may be, in con-
travention of this By-Law is guilty of an
offence and on conviction is liable to a fine
of,
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(a) Five Dollars ($5.00) for each offence,
exclusive of costs, where the contra-
vention is of any of the Provisions of
subsections (3), (4) or (5) of section
8 of this By-Law;
(b) Ten Dollars ($10.00) for each offence,
exclusive of costs, where the contraven-
tion is of any of the provisions of sub-
sections (1), (2), (4), (5), (6) or (8)
of section 3; section 5; section 7; sub-
section (6) of section 8; subsections
(2) or (3) of section 9; or section 10
of this By-Law;
(c) Fifteen Dollars ($15.00) for each offence,
exclusive of costs, where the contraven-
tion is of any of the provisions of sub-
sections (3) or (7) of section 3; section
4; section 6; or subsection (4) of section
9 of this By-Law;
recoverable under the provisions of The Summary
Convictions Act, unless the owner proves to the
satisfaction of the Court that at the time of
the offence, the motor vehicle was in the pos-
session of another person without the owner's
consent, express or implied.
(3) The owner, or any person on his behalf, of any
vehicle for which a notice of violation has been
issued alleging a contravention of any of the
provisions of this By-Law referred to in sub-
sections 1 or 2 above, may make payment out
of court of the fine set out, in accordance
with this By-Law, on the notice of violation
by remitting such payment to the appropriate
authority in accordance with the instructions
on the notice of violation within the time limit
prescribed thereon.
(4) A constable or an officer appointed for the car-
rying out of the provisions of this By-Law, upon
discovery of any vehicle parked, stopped or
standing in contravention of this By-Law, may
cause it to be moved or taken to and placed or
stored in a suitable place and all costs and
charges for removing, care and storage thereof,
if any, are a lien upon the vehicle, which may
be enforced in the manner provided by section
48 of The Mechanic's Lien Act.
(5) The owner of a vehicle shall incur the penalties
provided for any contravention of this By-Law
unless at the time of the contravention the
vehicle was in the possession of some person
other than the owner or his chauffeur, without
the owner's consent, in which case the person
in Possession of the vehicle shall also be
liable to incur the penalties provided for any
such contravention.
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BY-LAW read a first, second and third time and finally
passed this 2nd day of February , 1981.
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?LCd?
Mayor
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Clerk
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