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BY-LAW NO. 7167C
AS AMENDED BY BY-LAW NO. 7191 and 7318
BEING A BY-LAW of The City of Brandon to provide an effective means for ensuring compliance with
and enforcement of City by-laws related to parking offences and to be known as the "Parking
Enforcement By-law".
WHEREAS The Municipal By-law Enforcement Act, C.C.S.M. c.M245 2013 provides that municipal by-
laws respecting parking may only be enforced by issuing penalty notices under that Act;
AND WHEREAS the City of Brandon Traffic By-law currently sets out parking restrictions within the
City whereby a peace officer and/or by-law enforcement officer is authorized to issue a penalty notice
for parking violations;
AND WHEREAS it is deemed expedient and in the public interest to establish a process in
accordance with The Municipal By-law Enforcement Act for administering penalty notices;
NOW THEREFORE the Council of The City of Brandon, duly assembled, enacts as follows:
1.
In this By-law:
"ACT" means The Municipal By-law Enforcement Act of the Province of Manitoba and current
amendments thereto unless otherwise indicated.
"ADJUDICATOR" means a person appointed under section 15 of the Act.
"CITY" means The City of Brandon or the area contained within the boundaries thereof.
"CITY MANAGER" means the City Manager of the City or designate.
"DESIGNATED EMPLOYEE" means that City employee appointed by the City Manager and
delegated responsibility for ensuring the provisions of this By-law are followed.
"FEE SCHEDULE" means the fees set out in the current Annual Schedule of Fees By-law as
may be amended from time to time.
"SCREENING OFFICER" means that individual appointed herein and responsible for hearing
appeals to penalty notices.
"TRAFFIC BY-LAW" means the current City Traffic By-law as may be amended from time to
time.
2.
The parking related contraventions described in the Traffic By-law are hereby designated as
by-law contraventions which may be dealt with by a penalty notice under this By-law and the
Act.
3.
Notwithstanding provisions in Traffic By-law No. 5463/16/87 to the contrary, the administrative
penalties described in Schedule "A" for each parking related contravention identified are
hereby set.
4.
The discounted amount as shown in Schedule "A" for the contravention to which it relates may
be paid as an administrative penalty if payment is made within seven (7) days or from eight (8)
to fifteen (15) days of service of the penalty notice as provided for in subsection 3. (3)(a) of the
Act.
5.
A penalty notice must contain the information required by section 6 of the Act.
6.
A penalty notice may be in any form permitted by the Act and approved by the Designated
Employee. The Designated Employee is authorized to approve more than one form of a penalty
notice.
7.
A penalty notice may not be issued if more than the period of time set out in section 8 of the
Act has elapsed after the designated by-law contravention for which it is issued is alleged to
have occurred.
8.
A penalty notice must be delivered as permitted by section 9 of the Act or by regulations made
pursuant to the Act.
ACS-05-2025
Parking Enforcement By-law No. 7167C
Page 2
9.
The person to whom a penalty notice is delivered may, within thirty (30) days after the date of
service of the penalty notice, either:
(a)
pay the administrative penalty; or
(b)
request a review by a Screening Officer.
10.
The Designated Employee must ensure that a final notice as required by section 22 of the Act
is delivered to a person who fails to respond to a penalty notice in compliance with Section 9
herein.
11.
The City Manager may appoint Screening Officers as required to meet the administrative needs
of this By-law.
12.
A Screening Officer may take one of the following actions with respect to a penalty notice:
(a)
uphold the full amount of the administrative penalty;
(b)
if authorized under Section 13 herein, reduce the amount of the administrative penalty to
as little as $1.00, or issue a warning without imposing any penalty;
(c)
if deemed appropriate, enter into a compliance agreement with the person in accordance
with provisions set out in the Act; or
(d)
cancel the penalty notice where:
(1)
the contravention did not occur as alleged;
(2)
the penalty notice does not comply with subsection 6(2) of the Act;
(3)
in the case of a parking contravention, the vehicle owner can show that the vehicle
was stolen or otherwise being used without the owner's permission at the time of
the contravention;
(4)
the contravention was the result of a medical emergency or for some other reason
was necessary in order to address immediate health and safety concerns.
13.
The Screening Officer may reduce the amount of the administrative penalty where:
(a)
In the case of a parking contravention:
(1)
there would have been no contravention if a permit, license, ticket or other
document had been properly displayed on or within the vehicle, and the vehicle
owner can show that, although the permit, license, ticket or other document was
not properly displayed, it had been issued and was valid and applicable to the
vehicle at the time of the contravention;
(2)
the vehicle owner can show that the contravention was a result of a minor medical
emergency;
(3)
the vehicle owner can show that the person in respect of whom the penalty notice
was issued was undergoing a personal tragedy which played a role in the
contravention and a reduction of the amount of the administrative penalty is in
the public interest;
(4)
the vehicle owner can show both that the contravention was a result of
mechanical problems and that they reasonably prevented the person in respect
of whom the penalty notice was issued from complying with the by-law despite
the fact that he or she exercised due diligence in attempting to comply;
(b)
the circumstances surrounding the contravention are such that a reduction of the amount
of the administrative penalty would be in the public interest.
14.
When conducting a review of a penalty notice, a Screening Officer must consider the full
amount of the administrative penalty for the contravention and not the discounted amount,
whether or not the person appears within fifteen (15) days of the penalty notice being issued.
15.
Where a Screening Officer makes a decision to uphold the full amount of the administrative
penalty or reduce the amount of the administrative penalty, he or she must give a copy of the
written reasons for the decision to the person who requested the review in accordance with
Section 33 or 34 herein.
16.
Unless the Screening Officer has decided to cancel the penalty notice, the written reasons
given by a Screening Officer must be accompanied by a notice to the person that they must,
within seven (7) days after the person has received or is deemed to have received the written
reasons, either:
(a)
pay the administrative penalty, or pay the reduced amount if the Screening Officer has
reduced it; or
(b)
request an Adjudicator, in accordance with the provisions set out herein, to review the
Screening Officer's decision.
Parking Enforcement By-law No. 7167C
Page 3
17.
Unless a person requests an adjudication as set out herein, or unless the Screening Officer
grants additional time for the person to pay the administrative penalty, the amount of the
administrative penalty as decided by the Screening Officer is due and payable to the City of
Brandon seven (7) days after the written reasons have been received or are deemed to have
been received by the person to whom the penalty notice was issued.
18.
If the person does not request adjudication within fifteen (15) days after receiving notice, the
administrative penalty set out in the penalty notice is immediately due and payable to the City.
19.
An adjudication scheme as described in sections 14 to 20 of the Act is hereby established to
allow a person to whom a penalty notice has been issued to:
(a)
request a review of a Screening Officer's decision to confirm or reduce the administrative
penalty set out in the penalty notice; or
(b)
request a determination of a dispute as to whether the terms of a compliance agreement
were complied with.
20.
A person who wishes to have an Adjudicator review a Screening Officer's decision to confirm
or reduce the administrative penalty set out in the penalty notice must request the review within
seven (7) days after receiving the Screening Officer's written reasons for their decision.
21.
A fee as set out in the Fee Schedule is imposed for a request for an adjudication.
22.
When the place, date and time for an adjudication has been determined, the Designated
Employee must give notice of the date, time and place to the person requesting the
adjudication.
23.
If the person is unable to attend the scheduled adjudication, he or she may request that it be
rescheduled. Such a request must be submitted in writing or through electronic means to the
mailing or electronic address provided by the City, and must include either:
(a)
at least three (3) dates on weekdays on which the person will be available either in the
morning or the afternoon to attend a rescheduled adjudication; or
(b)
contact information, such as a mailing address, telephone number, or email address, that
will allow a Designated Employee to arrange with the person a date for a rescheduled
adjudication.
24.
A request for a rescheduled adjudication must be received by the City at least forty-eight (48)
hours in advance of the scheduled adjudication. If it is not received prior to this time, the
adjudication must proceed as originally scheduled.
25.
Other than requests that are received by the City within seven (7) days of the notice being given
to the person, a person may not request that an adjudication be rescheduled more than once
for the same penalty notice.
26.
When a request for a rescheduled adjudication has been received by the City, the Designated
Employee must reschedule the adjudication:
(a)
to a date provided by the person under Subsection 23. (a) herein; or
(b)
if the person has provided contact information under Subsection 23. (b) herein, to a date
arranged with the person after the Designated Employee has contacted the person.
If a Designated Employee has made unsuccessful but reasonable efforts to contact the person
at the contact information provided under Subsection 30. (b), the Designated Employee may
reschedule the adjudication on any suitable date.
27.
A Designated Employee must give notice of the date, time and place of a rescheduled
adjudication to the person requesting the rescheduled adjudication.
28.
Adjudications must be held in accordance with, and the Adjudicator must follow, the rules set
out in sections 16 to 20 of the Act.
29.
An Adjudicator has the powers granted in sections 20, 21, and 25 of the Act.
30.
If the adjudication upholds the full amount of the administrative penalty or reduced the amount
of the penalty, the amount of the administrative penalty as determined by the Adjudicator is
immediately due and payable unless the Adjudicator allows time for payment under Section 31
herein.
Parking Enforcement By-law No. 7167C
Page 4
31.
At the request of the person to whom the penalty notice was delivered, the Adjudicator may
allow up to seven (7) days for payment of the administrative penalty or reduced amount of the
penalty, as the case may be.
32.
The Designated Employee is empowered to administer and enforce this By-law and to take any
actions reasonably required to do so. Without limiting the general nature of this authority, the
Designated Employee is specifically authorized to:
(a)
approve the form or forms of documents required by the Act or this By-law, including
penalty notices and final notices;
(b)
establish administrative procedures for:
(1)
accepting payments of administrative penalties;
(2)
accommodating requests for review by Screening Officers;
(3)
accommodating requests for review by Adjudicators;
(4)
accommodating requests for rescheduling of adjudication;
(c)
take actions to collect administrative penalties owed to the City.
33.
Where a notice or other document referred to in this By-law is required to be given to a person
(other than to the City), unless this By-law provides otherwise, the notice or other document
may be given:
(a)
by delivering it personally to the person;
(b)
by mailing a copy by regular mail or delivering a copy:
(1)
if the notice or document relates to penalty notice for a contravention involving a
vehicle, to the address of the vehicle owner indicated in the records of the Registrar
of Motor Vehicles;
(2)
to the last known address of the person named in the penalty notice, which may be
an address indicated in the records of the Registrar of Motor Vehicles; or
(c)
if the person is a corporation:
(1)
by mailing a copy by regular mail to the corporation's registered office;
(2)
by mailing a copy by regular mail or delivering a copy to an officer or director of
the corporation;
(3)
by delivering it personally to someone who appears to be in charge at a place where
the corporation carries on business; or
(d)
if the person has used email or another method of electronic communication to
communicate with the City, by sending it to the email address or other electronic address
provided by or shown in the communication from the person.
34.
A notice or other document that is:
(a)
delivered personally is deemed to have been given on the day it was delivered;
(b)
mailed under Section 33 herein or mailed to the City under this By-law is deemed to have
been given to the person or received by the City seven (7) days after the day it was mailed;
(c)
sent electronically under Subsection 33. (d) or sent electronically to the City under this
By-law is deemed to have been given two (2) days after it was sent.
35.
The Traffic By-law is amended by repealing Subsection 56. (a) and substituting the following
therefor:
"56. (a)
Where an offence as alleged in Section 55 hereof is a parking violation, the specific
fines as set out in the Fee Schedule are to be levied by issuance of a penalty notice
identifying the details of the infraction. Thereinafter, provisions of the Parking
Enforcement By-law shall prevail."
Parking Enforcement By-law No. 7167C
Page 5
36.
This By-law shall come into full force and take effect on the 6th day of February A.D. 2017.
DONE AND PASSED by the Council of The City of Brandon duly assembled this 23rd day of January
A.D. 2017.
"R. Chrest"
"H. Ewasiuk"
MAYOR
CITY CLERK
Read a first time this 9th day of January
A.D. 2017
Read a second time this 23rd day of January
A.D. 2017
Read a third time this 23rd day of January
A.D. 2017
I, Heather Coreen Ewasiuk, Clerk of the City of Brandon, DO HEREBY CERTIFY the above within to
be a true and correct copy of By-law No. 7167, as amended by By-law No. 7191.
Original Signed By
H. Ewasiuk
H. Ewasiuk, City Clerk
SCHEDULE "A"
to Parking Enforcement By-law No. 7167
TICKET
CODE
PARKING VIOLATION
OPTION A
Within
7 days
OPTION B
From
8 to 15 days
OPTION C
In excess of
15 days
1
Meter Expired
20.00
30.00
40.00
2
Ticket Expired / No Ticket
20.00
30.00
40.00
3
Improperly Parked at Meter
20.00
30.00
40.00
4
Meter Improperly Turned
20.00
30.00
40.00
5
Meter Hooded
40.00
60.00
80.00
6
Obstructing Traffic
40.00
60.00
80.00
7
Crosswalk
40.00
60.00
80.00
8
On Sidewalk / Boulevard
40.00
60.00
80.00
9
In Front of Driveway
40.00
60.00
80.00
10
Facing Wrong Direction
40.00
60.00
80.00
11
Too Far From Curb
60.00
90.00
120.00
12
Parked Over 48 Hours
60.00
90.00
120.00
13
Private Property
20.00
30.00
40.00
14
In Lane
40.00
60.00
80.00
15
Snow Clearing
60.00
90.00
120.00
16
Street Cleaning
60.00
90.00
120.00
17
In Loading Zone Too Long
40.00
60.00
80.00
18
Overtime Parking Hours
40.00
60.00
80.00
19
No Parking / Stopping Any Time
60.00
90.00
120.00
20
Within 3 metres of Fire Hydrant
60.00
90.00
120.00
21
Double Parked
60.00
90.00
120.00
22
Taxi Stand / Taxi Zone
60.00
90.00
120.00
23
In Bus Stop / Lane
60.00
90.00
120.00
24
In Fire Lane
60.00
90.00
120.00
26
Reserved Parking Only
40.00
60.00
80.00
27
In Intersection
60.00
90.00
120.00
28
Within 9 metres of Traffic Control Device
40.00
60.00
80.00
29
On Bridge or Other Elevated Structure
60.00
90.00
120.00
30
Truck / Trailer in Residential Area
60.00
90.00
120.00
31
Contravention of Traffic Control Device
40.00
60.00
80.00
[AM. B/L 7318]