By-law 2025-02 Regulate Outdoor Storage of Vehicles — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 921e18d3bc65 · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## THE MUNICIPALITY OF RHINELAND ## BY-LAW NO. 2025-02 BEING a by-law of the Municipality of Rhineland to regulate the outdoor storage of derelict vehicles. ## WHEREAS: - A. Section 232(1) of the Municipal Act ("Act") provides that a Council may pass by-laws for municipal purposes respecting the following matters: 2. (a) the safety, health, protection and well-being of people, and the safety and protection of property; 3. (C) subject to Section 233, activities or things in or on private property; - B. Section 236(1) of the Act provides that, without limiting the generality of 232(1)(o) (enforcement of by-laws), a by-law passed under that clause may include provisions 5. (a) providing for procedures, including inspections, for determining whether by-laws 6. (b) emedying contraventions of by-laws, including 7. (ii) subject to the regulations, providing for fines and penalties, including the imposition of a penalty for an offence that is in addition to a fine or imprisonment, so long as the penalty relates to a fee, rate, toll, charge or cost that is associated with the conduct that gives rise to the offence, or related to enforcing the by-law, 8. (i) creating offences 9. (iii) providing that an amount owing under subclause (ii) may be collected in any manner in which a tax may be collected or enforced under this Act. - C. Council is of the opinion that it is in the public interest that the outdoor storage of derelict vehicles should be regulated and controlled to protect the safety of people and property. NOW THEREFORE the Council of the Municipality of Rhineland enacts as a by-law the following: 1. This By-Law may be referred to as the Derelict Vehicle By-law. ## Definitions 2. In this By-law: "derelict vehicle" means any vehicle which is not new or unused, dilapidated, and is not in operating condition; cannot meet safety standards as legislated by the Province of Manitoba; does not have attached thereto, and exposed thereon, one or more number plates issued under The Highway Traffic Act; is not otherwise insured; is kept in the open; and the owner thereof either has abandoned it or discontinued use of it; or is keeping it primarily for the purposes of salvaging or selling parts therefrom, or for the eventual sale thereof as scrap metal; stripped automobiles; and also includes the body or chassis of a used motor vehicle or some parts of which have been removed, and to which 3, 4, and 5 apply. "enclosed building" includes a garage, shed and carport. "owner" means a person who - a. is the owner of an estate in fee simple in land that is subject to the Real Property Act, or - b. is the owner of an estate in fee simple in land that is not subject to the Real Property Act and who is the grantee named in a valid conveyance of land that is registered under the Registry Act. "vehicle" shall have the meaning ascribed to that term in The Highway Traffic Act and amendments thereto and shall include an off-road vehicle and any parts of any vehicle exceeding 18" in length. ## Prohibition 3. No person shall leave, store or permit a derelict vehicle to be left or stored outside of an enclosed building unless the storage is permitted under this By-law. The persons responsible under this Section and By-law are the owners of the derelict vehicle, an owner of the property, and an occupier or a person who is renting or leasing property upon which the derelict vehicle is kept or found. 4. 5. Despite Section 3, a person may leave, store or permit a derelict vehicle to be left or stored outside of an enclosed building as follows: - a. on property within areas zoned Residential Village, Agricultural Village and Rural Residential in the Municipality's Zoning By-law, a maximum of 2 derelict vehicles; - b. on property within the local urban district of Rosenfeld, as defined in Regulation No. 174/99 under the Act, and the local urban districts of Gretna and Plum Coulee, as defined in Regulation No. 135/2014 under the Municipal Amalgamations Act, a maximum of 2 derelict vehicles; and - c. on property located in the remainder of the Municipality outside of the areas set out under subsections a. and b., a maximum of 6 derelict motor vehicles. Section 3 does not apply to a person for a derelict vehicle located on a property where the person operates a garage, auto wrecking business, used car lot, scrap business, or other similar use, provided the use is operating in accordance with the Municipality's Zoning By-law and municipal by-laws. ## Derelict vehicle requirements 6. A person permitted under this By-law to leave, store or permit a derelict vehicle to be left or stored outside of an enclosed building shall ensure the derelict vehicle is stored - b. in a safe, tidy and well-maintained manner, - a. if there is a dwelling, at the rear of the dwelling, - C. in an area free from tall grass and weeds, - d. in a manner that does not have the potential to cause an environmentally unsafe or hazardous condition, and - e. at least 5 feet from the property's lot lines. ## Enforcement 7. The position of an Officer is established. The Officer shall be the person appointed by the Municipality as its By-law Enforcement Officer. 8. The By-law Enforcement Officer may conduct inspections and take steps to administer and enforce this By-law or to remedy a contravention of this By-law, and for those purposes shall be a designated officer and have the powers of a designated officer under the Act, a The Officer may enter property and buildings to carry out the administration and enforcement of this By-law including for determining what actions or measures a person must take in connection with any matter under this By-law, whether the actions or measures have been taken, to prevent the contravention of this By-law, to remedy a contravention of this By-law and to prevent a re-occurrence of a contravention. The Officer may request that a person produce information concerning the registration of a motor vehicle under the Drivers and Vehicles Act, and the person shall provide such information to the Officer upon request. 10. The Officer may commence a prosecution under the Act, the Municipal By-law Enforcement Act for the purpose of enforcing a contravention of this By-law through an offence. ## Seizure, impoundment and redemption - 1l. Following the issuance of an order to comply under the Act, the Officer may seize and impound a derelict vehicle in enforcing this By-law. If the Officer has seized and impounded a derelict vehicle, the Officer shall take the derelict vehicle to a storage location. The Officer shall give notice to the person to whom the order is issued that the derelict vehicle has been seized and impounded, that the derelict vehicle may be redeemed from impoundment on the owner meeting certain terms including paying the impoundment fees set out in "Schedule A" of this by-law and of the Municipal By-Law Enforcement ByLaw, and the Municipality's costs of enforcement, and, if the derelict vehicle is not redeemed within 10 days of being impounded, that the derelict vehicle may be sold or disposed of. The Officer shall, if the person is unknown to the Officer or if the notice cannot reasonably be given to the person, post a notice with this same information in the municipal office and on the municipal website. 12. An owner of a derelict vehicle may apply to the Officer to redeem the derelict vehicle from impoundment. Upon payment of the fees set out in "Schedule A" of this by-law and of the Municipal By-Law Enforcement By-Law and the Municipality's costs of enforcement, the Officer shall release the derelict vehicle. In releasing the derelict vehicle, the Officer may provide the owner of a derelict vehicle with conditions that must be met to ensure there will be no reoccurrence of a violation of this By-law ("conditions of redemption"). The owner shall acknowledge, in writing, the conditions of redemption at the time the derelict vehicle is released. 13. If the derelict vehicle is not redeemed within 10 days of being impounded, the Officer may sell or dispose of the derelict vehicle and may execute a bill of sale to the purchaser of the derelict vehicle. The proceeds from the sale or disposition of a derelict vehicle are to be applied against the Municipality's costs of impoundment and enforcement. If there is an excess in proceeds after payment of the costs, the Municipality shall refund the excess to the person given notice under Section 11. 14. All costs of enforcement including removal, impoundment and sale or disposition costs are an amount owing to the Municipality and may be collected in any manner in which a tax may be collected or enforced under the Municipal Act. ## Permit 15. Where the Officer is of the opinion that unusual circumstances warrant permitting a person to have a derelict vehicle otherwise prohibited under this By-law, the Officer may, on application by an owner or occupier of land, issue a permit to allow a derelict vehicle on that land subject to such terms or conditions as the Officer considers advisable and sets out in the permit. 16. The Officer may amend, vary, suspend or revoke a permit on notice to the holder of the permit. ## Penalties 17. Any person guilty of a breach of this By-law shall pay the administrative penalty outlined in Schedule "A" of this by-law and of the Municipal By-Law Enforcement By-Law No. 2025-06 or request a review by a screening officer in accordance with Part IV of said By- 18. The amount of the administrative penalties set out in Schedule "A" of this by-law and to the Municipal By-Law Enforcement By-Law 2025-06 may be amended from time to time. ## Offence 18. A person who contravenes this By-law is guilty of an offence and is liable on summary onviction to a fine of not more than $1000.00. Any costs associated with or resultil om enforcing this By-law are in addition to any such fine and are an amount owing to t Municipality and may be collected in any manner in which a tax may be collected or enforced under the Act. ## Transitional 19. Cons BylaW repeals By-Law 2019-13 Derelict Vehicle except in respect of an offence By-Law 2019-13 Derelict Vehicle remains in effect to the extent required for the prosecution of any such offence. 20. A person who is leaving, storing or permitting a derelict vehicle to be left or stored outside of an enclosed building when this By-law is passed has 60 days from the date of passage of this By-law to comply with Section 3. DONE AND PASSED, in the Municipality of Rhineland, Manitoba this 19'" day of February, 2025.   Mingley Chief Administrative Officer READ A FIRST TIME this 5" day of February, 2025. READ A SECOND TIME this 19"h day of February, 2025. READ A THIRD TIME this 19th day of February, 2025. Schedule A By-Law 2025-02 Derelict Vehicles Administrative Penalties and Fees | 3&4 | 2025-02 Derelict Vehicles | Parking of Derelict Vehicles on private property | $300.00 | $150.00 | |-------|-----------------------------|----------------------------------------------------------------|-----------|-----------| | 6 | 2025-02 Derelict Vehicles | Derelict Vehicles not stored properly | $200.00 | $100.00 | | 15 | 2025-02 Derelict Vehicles | Permit Expired | $150.00 | $75.00 | | | 2025-02 Derelict Vehicles | *** Cost of impoundment will be based on actual costs occurred | | N/A |