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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 - 2 - 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.