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RURAL MUNICIPALITY OF ST. ANDREWS
BY-LAW NO. 4207
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF ST. ANDREWS TO ESTABLISH NO
PARKING AND TOW-AWAY ZONES
WHEREAS Section 231 of The Municipal Act provides as follows;
231
The power given to a council under this Division to pass by-laws is stated in general
terms:
(a) to give broad authority to the council and to respect its right to govern the
municipality in whatever way the council considers appropriate, within the jurisdiction
given to it under this and other Acts; and
(b) to enhance the ability of the council to respond to present and future issues in the
municipality
AND WHEREAS Section 232 (1) of The Municipal Act provides in part as follows:
232(1)
A council may pass by-laws for municipal purposes respecting the following matters:
(a) the safety, health, protection and well-being of people, and the safety and protection
of property;
(b) people, activities and things in, on or near a public place or a place open to the
public, including parks, municipal roads, recreation centres, restaurants, facilities,
retail stores, malls and private clubs and facilities that are exempt from municipal
taxation;
(c) subject to Section 233, activities or things in or on private property;
(d) municipal roads, including naming the roads, posting the names on public or private
property, and number lots and building along the roads;
(e) private works on, over, along or under municipal roads;
(f) property adjacent to highways or municipal roads, whether the property is publicly or
privately owned;
(g) the enforcement of by-laws
AND WHEREAS The Municipal Act provides that a Council of a Municipality may pass by-laws for
tow-away zones within the Municipality or any part of the Municipality.
AND WHEREAS The Rural Municipality of St. Andrews is desirous of establishing a by-law regulating
tow-away zones in certain designated areas of the Municipality;
NOW THEREFORE BE AND IT IS HEREBY ENACTED as a By-Law of the Rural Municipality of St.
Andrews in Council duly assembled, as follows:
1.
DEFINITIONS
"Council" means the Rural Municipality of St. Andrews
"Designated Officer" means the person or persons designated by the Municipality from
time to time as responsible for the enforcement of its by-laws.
"Authorized Personnel" means specific designated officers of the Municipality,
Conservation Officers, Royal Canadian Mounted Police Officers, Emergency Personnel,
or other persons who receive authorization from the Municipality.
"Driver" means a person who drives or is in actual physical control of a vehicle and the
expression "drive" and "driving" have a corresponding meaning;
"Motor Vehicle" means a vehicle not run upon rails that is designed to be self-propelled
or propelled by electric power obtained from overhead trolley wires, and includes a snow
vehicle capable of registration under Subsection 4.11 (2) of The Highway Traffic Act, but
does not include a farm tractor, an implement of husbandry, a special mobile machine, or
and off-road vehicle.
"Parking" when prohibited, means to stand a vehicle whether occupied or not, except,
(a) when it is caused to stand temporarily for the purpose of, and while actually engaged
in, loading or unloading, or
(b) in obedience to an "Authorized Personnel" or traffic control device, and '"parking" has
a corresponding meaning;
"Tow-Away Zone" means a space that is on a street or in a parking facility that has been
designated and identified by street signs, traffic devices or pavement markings as being a
"No Parking Zone". This includes any area designated in the Municipality as an area
where Motor Vehicles cannot be parked.
"Towing Company" means any person, firm or corporation who carries on the business
of, inter alia, towing away illegally or improperly parked vehicles.
2.
Wherever the term "specific area" is referred to in this By-Law, the specific area shall
refer to any tow-away area contained within those areas of the Municipality as described
in Paragraph 3, herein.
3.
No driver shall park a motor vehicle within the specific area or parts of those portions of
the Municipality contained in a space that is on a street or in a parking facility that has be
designated, and identified by signs or pavement markings as being a no parking zone or
tow-away zone.
a) No persons shall park a vehicle on, across or along any boulevard at any place in such
a manner that it interferes with traffic or pedestrian flow.
b) No persons shall stop or park a vehicle on any street other than parallel with the curb
with the front of the vehicle heading in the direction of vehicular traffic movement
c) No persons shall deposit any item on a roadway that obstructs traffic.
4.
a)
Every person who parks a motor vehicle in a no parking zone or tow-away zone
is contrary to the provisions of this By-Law and is guilty of an offence under this
By-Law and is subject to having their vehicle towed by Authorized Personnel.
b)
Every person who deposits an item(s) on a roadway in such a manner that will
obstruct traffic flow is guilty of an offence under this By-Law and is subject to
having their item{s) removed by the R.M. of St. Andrews and all costs will be
allocated to the owner.
5.
Every motor vehicle which is towed shall be towed by a towing company and be subject
to the following provisions of this By-Law:
a.
A towing company will charge the appropriate market fee for the towing, care
and storage of a vehicle towed away from a parking lot because it was illegally or
improperly parked.
b.
No towing company shall tow away an illegally or improperly parked vehicle
from a parking lot if the owner or driver of the vehicle reaches the vehicle before
it has been towed away.
c.
Where a towing company has connected an illegally or improperly parked
vehicle to a towing vehicle and the owner or driver of the vehicle reaches the
vehicle before it is being towed away the towing company shall
forthwith release the vehicle and shall not charge the owner or driver of the
vehicle a sum greater than $100.00 for all services rendered.
6.
Each towing company shall have a person on duty twenty-four (24) hours a day to answer
telephone calls and release vehicles, and shall release vehicles that have been towed away
forthwith upon payment of the appropriate charges.
7. Each towing company shall issue a written receipt forthwith upon receipt of payment for
towing and or care and storage fees.
8.
Each towing company shall be obliged to inform the Royal Canadian Mounted Police
within two (2) hours of towing a vehicle, a description and vehicle license number of
each vehicle in the custody of such towing company.
9.
Nothing contained in this By-Law shall prevent members of the Royal Canadian
Mounted Police and the Rural Municipality of St. Andrews Fire Departments, or a towing
company acting on the instructions of either the Royal Canadian Mounted Police and the
Rural Municipality of St. Andrews Fire Departments, from towing away any vehicle from
any property in the Municipality.
10.
Pursuant to Section 249 of The Municipal Act, a person who contravenes a by-law of a
municipality is guilty of an offence and, if the by-law imposes no other penalty, is liable
on summary conviction of a fine of not more than $1,000.00 or to imprisonment for a
term of not more than three months. Where the contravention continues for more than
one day, the person is guilty of a separate offence for each day it continues.
11.
The penalties imposed hereunder shall be in addition to and not in substitution for any
other penalty or remedy.
12.
This By-Law may be cited for all purposes as the "Tow-Away By-Law".