Rural Municipality of Portage la Prairie, Manitoba
· adopted 1995-05-23
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unofficial consolidation, the official version is held by the municipal clerk.
the Court, been deserted.
(b)
it has in the opinion of the Secretary-Treasurer of the Municipality or
(a)
it has been left in the open; and of at least one month, Unless the owner thereof establishes the contrary to the satisfaction of the Secretary-Treasurer of the Municipality, or of a court, if the matter is before a court for adjudication, an object to which paragraph 2 otherwise applies shall be deemed to be abandoned within the meaning of subparagraph 2(d) if, for a period
## Determination of Abandonment
and (d) apply.
(ii) is keeping it primarily for the purposes of salvaging or selling parts therefrom, or for the eventual sale thereof as scrap metal; and a derelict vehicle also includes the body or chassis of a used motor vehicle all or some of the parts of which have been removed, and to which clauses (b), (c),
(i)
has abandoned it; or
(d)
the owner thereof either
(c)
it is kept in the open; and registration year under that Act;
(b)
it does not have attached thereto, and exposed thereon, one or more number plates issued under The Highway Traffic Act for the current
(a)
it is not in operating condition;
In this By-Law, an object shall be conclusively deemed to be a derelict vehicle if it is not a new and unused vehicle, and if:
Meaning of "Derelict Vehicle"
This By-Law may be cited as the Derelict Vehicle By-Law.
LAW AS FOLLOWS:
NOW THEREFORE THE COUNCIL OF THE RURAL MUNICIPALITY OF PORTAGE LA PRAIRIE IN OPEN SESSION DULY ASSEMBLED ENACTS A BY- deems it necessary to pass a By-Law to control derelict vehicles within the Municipality;
AND WHEREAS the Council of the Rural Municipality of Portage la Prairie WHEREAS Section 300 of The Municipal Act, C.M. 225, RSM provides for the passing of a By-Law respecting derelict vehicles;
RESPECTING DERELICT VEHICLES.
A BY-LAW OF THE RURAL MUNICIPALITY OF PORTAGE LA PRAIRIE
## BY-LAW NO. 2770
May, A.D. 1995.
## Secretary-Treasurer
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DONE AND PASSED as a By-Law of the Rural Municipality of Portage la Prairie by the Reeve and Council thereof in open session assembled this 23rd day of All costs and charges incurred in towing, impounding, storing, destroying, or disposing of a derelict vehicle removed by the Municipality under this By-law are a debt owed by the owner of the derelict vehicle and the owner of the property from which it was removed, jointly and severally, to the Municipality, and may be recovered by the Municipality in any court of competent jurisdiction.
7.
Any person found to be guilty of violating any provision of this By-Law shall be liable on conviction to a fine of not more than $20. Each day on which the violation of the provision of this By-Law continues is a separate offence.
Upon impounding any derelict vehicle, the Municipality shall send a notice by registered or certified mail to the registered owner of the property from which the derelict vehicle was removed. The notice shall advise the recipient that unless the costs and charges incurred in towing, impounding and storing the derelict vehicle are paid within 30 days from the date of mailing of the notice, the derelict vehicle may be destroyed or otherwise disposed of in any manner deemed appropriate by the Municipality.
The Municipality may remove and impound any derelict vehicle parked or left on private property in contravention of this By-Law.
No person, firm or corporation may park or leave derelict vehicles on private property with or without the consent of the owner of the property.
## Prohibition and Consequences