HomeMy WebLinkAboutBy-law 3901/70THE CORPORATION OF THE TOWNSHIP OF PICKERING
BY-LAW NUMBER _Wolly
Being a by-law to prohibit the parking or
leaving of motor vehicles on private property
without authority from the owner or occupant
of such property and providing for the removal
and impounding of any vehicles so parked or
left at the expense of the owner thereof.
WHEREAS The Municipal Act provides that By-laws may be passed for
prohibiting the parking or leaving of motor vehicles on private
property without authority from the owner or occupant of such
property and providing for the removal and impounding of any
vehicles so parked or left at the expense of the owner thereof;
NOd THEREFORE BE IT ENACTED and it is hereby enacted as a By-law
of the Corporation of the Township of Pickering as follows:
1.
In this By-law,
(a) "Motor vehicles" includes an automobile, motorcycle, farm
tractor, and any other vehicle propelled or driven
otherwise than by muscular power whether or not at any
relevant time such automobile, motorcycle, farm tractor
or vehicle is mechanically capable of being so propelled
or driven and it includes a trailer, traction engine,
road building machine, self-propelled implement of
husbandry and any vehicle drawn, propelled or driven by
any kind of power, including muscular power; but does not
include the cars of electric or steam railways, or other
motor vehicles running only upon rails;
(b) "Private Property" means
(i) Property that has been clearly marked as such by
fences, hedges or barriers of any kind or property
on which one or more signs have been erected by or
on behalf of the owner, occupant or agent of the
owner or occupant forbidding trespassing or parking
or restricting parking as set out thereon, or
(ii) a private road or driveway but does not include
"municipal property" as hereinafter defined;
(c) "Municipal Property" means property of the Corporation of
The Township of Pickering or any local Board thereof;
(d) "By-law Enforcement Officer" shall mean the By-law Enforce-
ment Officer for The Corporation of the Township of
Pickering or any other Officer authorized by The Corpora-
tion of The Township of Pickering for the enforcement of
by-laws in the Township of Pickering.
2. No person shall park or leave any vehicle on private property
without authority from the owner or occupant of such private
property.
3. Upon the complaint in writing of the occupant or any adult
resident of any private property upon which a motor vehicle is
parked or left without the authority of the owner or occupant
of such private property, a Constable or Officer appointed for
the carrying out of the provisions of The Highway Traffic Act
or the By-law Enforcement Officer may, upon discovery of a
motor vehicle so parked or left, cause such motor vehicle to
be moved or taken to and placed in a suitable place and all
costs and charges for removing, care and storage thereof, if
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any, are a lien upon the vehicle, which may be enforced in the
manner provided by Section 48 of The Mechanics? Lien Act.
4. No person shall park or leave any motor vehicle on any municipal
property where, by means of one or more signs, it is indicated
that such parking or leaving is not authorized.
5. A Constable or Officer appointed for the carrying out of the
provisions of The Highway Traffic Act or the By-law Enforcement
Officer may, upon discovery of a motor vehicle parked or left
contrary to Section 4 of this By-law, cause such vehicle to be
moved or taken to and placed 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 Mechanics' Lien Act.
6. Notwithstanding any other provisions of this By-law anf' person
violating the provisions of this By-law shall be subject to a
penalty of not more than three hundred dollars ($300.00)
exclusive of costs, for each offence.
7. Notwithstanding any other provisions of this By-law:
(a) The driver of a motor vehicle, not being the owner, is
liable to any penalty provided under this By-law, and
the owner of the motor vehicle is also liable to such
penalty unless at the tine the offence was committed,
the motor vehicle was in the possession of a person
other than the owner or his chauffeur without the owner's
consent.
(b) The driver or owner of a motor vehicle parked or left on
private property shall not be liable to a penalty or to
have the motor vehicle removed from such property or
impounded under this By-law, except upon the written
complaint of the occupant or any adult resident of the
property.
(c) A Peace Officer, a Constable, an Officer appointed for
the carrying out of the provisions of the Highway Traffic
Act or the By-law Enforcement Officer, may issue and
attach to a vehicle a Pickering Township Police Parking
Violation tag alleging that the provisions of this By-law
have been contravened.
8. Notwithstanding all other provisions of this By-law, any person
may upon presentation of a Parking Violation tag issued under
this By-law, pay out of Court within five days from the date of
the issue of the said tag, exclusive of Saturdays Sundays and
statutory holidays, the sum of two dollars ($2.00) and upon such
payment, no further proceeding shall be taken under this By-law
in respect to the said offence alleged in the Parking Violation
tag.
9. If payment is not made as provided in Section 8 of this By-law
the provisions of The Summary Convictions Act and the penalty
provided for in Section 6 of this By-law apply.
By-law read a First, Second and Third Time and finally PASSED this
?_ day of November, 1970.