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## Rural Municipality of Cartier By-Law No. 1652-17
## Residential Street Parking By-Law
Being a by-law of the Rural Municipality of Cartier respecting the regulation of long term parking on residential streets.
WHEREAS, this by-law is made in accordance with sections 232(1), 236(1) and 243 of The Municipal Act CCSM c M225;
AND WHEREAS, it is deemed expedient and in the public interest that the Council of the Rural Municipality of Cartier enact a by-law respecting long term parking on residential streets;
NOW THEREFORE, the Council of the Rural Municipality of Cartier, enacts as a by-law as follows:
## PART 1 - DEFINITIONS AND INTERPRETATION
- (a) "Chief Administrative Officer" means a person appointed as Chief Administrative Officer of the Rural Municipality of Cartier under Section 125(1) of The Municipal Act;
- (b) "Council" means the Council of the Rural Municipality of Cartier;
- (c) "Designated officer" means the Chief Administrative Officer or such employee of the Municipality to whom the Chief Administrative Officer has delegated their duties and functions under this by-law;
- (d) "Municipality" means the Rural Municipality of Cartier;
- (e) "Residential Street" means any roadway within the areas of:
- All areas of Lido Plage- Whitehorse Ward zoned Rural Residential (RR), (i)
- (ii) Village of Elie including LUD Boundaries,
- (iii) Village of St. Eustache/Fort Rouge,
- (iv) Village of Springstein;
- (f) "Vehicle" means a device in, upon, or by which a person or thing is or may be transported or drawn upon a roadway and includes:
- (i) All the body or chassis of a vehicle after some or all of the parts have been removed therefrom;
- (ii) A mobile storage trailer.
## PART 2 - PROHIBITED ACTIVITIES
- (a) No person shall park or leave a vehicle so as to unreasonably obstruct the free passage of traffic, pose a safety hazard, or interfere with snow removal on any residential street within the municipality.
## PART 3 - POWERS OF THE DESIGNATED OFFICER
- (a) If the designated officer finds that a person is contravening this by law, the designated officer may, by written order, direct the person to remedy the contravention of this by-law within 7 days of the date of the written order issued herein.
- (b) Where a vehicle poses a safety hazard, the designated officer may move the vehicle or cause it to be moved without notice to a location determined by the designated officer.
## PART 4 - RIGHTS AND PROCEDURES WITH RESPECT TO ORDERS
- (a) A person who receives a written order under Section 3 a) hereof, may by written notice within 7 days after the date the order is received request the Council to review the order.
- (i) After reviewing the written order of the designated officer, the Council may confirm, vary, substitute or cancel the order.
- If a person receives a written order from the designated officer under Section 3 a) hereof and does not request the Council to review that order or, after reviewing the order, the Council confirms the order, and the person continues to contravene the provisions of this by-law, the Municipality may forthwith proceed to:
- (i) seize, remove, impound, confiscate and sell or otherwise dispose of the vehicle or vehicles that are parked in contravention of this by-law, and;
- charge and collect the costs incurred by it in respect of acting under subclause (a) and (b) hereof.
## PART 5 - OFFENCES AND FEE COLLECTION
- (a) The costs of any action taken by the Municipality under Section 3 (b) or 4 (b) hereof are a debt owing to the Municipality by the person who contravened this by-law and, in the event of non-payment, is collectible by the Municipality in the same manner as a tax may be collected or enforced under the Municipal Act.
- (b) Any person who contravenes this by-law is guilty of an offence and is liable to a fine of not more than $500.00.
- (c) Where a contravention of this by-law continues for more than one day, the person is guilty of a separate offence for each day it continues.
DONE AND PASSED by the Council of the Rural Municipality of Cartier duly assembled at Elie, in Manitoba this 12** day of June, 2017.
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REEVE
Destroy
Virgener Beckwith
CHIEF ADMINISTRATIVE OFFICER
Read a first time this 23rd day of May, 2017 Read a second time this 12th day of June, 2017. Read a third time this 12th day of June, 2017
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## RURAL MUNICIPALITY OF CARTIER RESOLUTION OF COUNCIL June 12, 2017
Moved By: Councillor Ken Beaudin
Seconded By: Councillor Andrew Peters
BE IT RESOLVED THAT By-Law No. 1652-17, being a By-Law of the Rural Municipality of Cartier for Residential Street Parking, is hereby read a third time, signed, sealed and adopted as a ByLaw of the Rural Municipality of Cartier.
In accordance with Section 137 of The Municipal Act, members present voted as follows:
| NAME | FOR | AGAINST | ABSTAIN | ABSENT |
|--------------------|-------|-----------|-----------|----------|
| Gerry Arnal | | | | |
| Ken Beaudin | | | | |
| Dale Fossay | | | | |
| Christian Lachance | | | | |
| Andrew Peters | | | | |
| Estelle Thornson | | | | |
CARRIED
- I, Virginia Beckwith, hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Council of the Rural Municipality of Cartier at a Meeting held on Monday, June 12, 2017.
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Virgenen Beckmith
Virginia Beckwith Chief Administrative Officer
Resolution No. 17-148