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HomeMy WebLinkAboutBy-law 6014/02THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6014/02 Being a by-law to amend By-law Law Number 2359/87 (Parking) to increase the fine for persons contravening the parking provisions for disabled persons. WHEREAS the Council of the Corporation of the City of Picketing enacted By-law Number 2359/87 on January 19, 1987 to regulate parking on private and public property in the City of Picketing; and WHEREAS Sections 12(2) and 12(3) regulates the number and placement of parking spaces for the disabled at commercial, industrial, institutional and multi-unit residential properties; and WHEREAS a fine of $2,000.00 has been established for persons found guilty of contravening Sections 12(2) or 12(3) of By-law Number 2359/87; and WHEREAS Section 12(4) of By-law Number 2359/87 prohibits the parking of a vehicle in a designated parking space for disabled persons unless an appropriate permits is displayed and the vehicle is being operated by or is conveying a disabled person; and WHEREAS the Municipal Act, R.S.O.c.M.45, as amended, allows fines up to $5,000.00 for the contravention of such regulations; and WHEREAS a set fine of $110.00 has been established for persons found guilty of contravening Section 12(4) of By-law Number 2359/87; and WHEREAS the Ontarians with Disabilities Act, 2001 amends the Municipal Act to require fines of not less than $300.00 for persons who contravene the parking provisions for disabled persons of municipal by-laws; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: Section 1 l(1)(a) of By-law Number 2359/87 is hereby amended by deleting the definition of"permit" and substituting therefore the following: "permit" shah mean a permit issued to a disabled person pursuant to Section 2(1)(a) of Omario Regulation 581, R.R.O. 1990, as amended by Omario Regulation 908/93. 2. Section 11 (1)(b) and Sections 11 (2) to 11 (8), inclusive, are hereby repealed. 3. Section 11(9) shall be renumbered as Section 11(2). Sections 14(1) and 14(2) are hereby deleted and the following is substituted therefore: 14 (1) Every person who contravenes the provisions of this by-law other than subsections (2) and (4) of section 12, is guilty of an offence an on conviction is liable to a fine of not more than $150.00, exclusive of costs, recoverable under the provisions of the Provincial Offences Act. 2 (2) (i) Every person who contravenes subsections (2) or (3) of section 12 of this by-law is guilty of an offence and upon conviction, is liable to a fine of not more than $5,000.00, exclusive of costs, recoverable under the provisions of the Provincial Offences Act. Every person who contravenes subsection (4) of section 12 of this by-law is guilty of an offence and upon conviction, is liable to a fine of not more than $300.00, exclusive of costs, recoverable under the provisions of the Provincial Offences Act. Subject to subsection 14(2)(ii) above, the owner of a vehicle that has been left parked, standing or stopped in contravention of subsection (4) of section 12 of this by-law is guilty of an offence, even if the owner was not the driver of the vehicle at the time of contravention of the by-law, unless, at that time, the vehicle was in the possession of a person other than the owner without the owner's consent. BY-LAW read a first, second and third time and finally passed this 29* day of July, 2002.