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CITY OF STEINBACH
By-law No. 1641
Being a By-law of the City of Steinbach to regulate the
parking and storing of derelict vehicles upon private property.
WHEREAS Section 232(1)(c) of the Municipal Act provides as follows:
"232(1)
A council may pass a by-law for municipal purposes respecting the
following matters:
(c) Subject to section 233, regulate the parking and storing of vehicles on
private property,"
NOW THEREFORE the Council of the City of Steinbach enacts as follows:
1. DEFINITIONS
1.1
" Abandoned" means if, for a period of at least 30 days, the object or
vehicle has, in the opinion of the Designated Officer,
(1) been left in the open; and,
(2) been deserted.
1.2
"Council" means the Council of the City of Steinbach.
1.3
"Derelict Vehicle" means any vehicle which is not new or unused, and
(1)
is not in operating condition;
(2)
does not have attached thereto, and exposed thereon, one or more
number plates issued under The Highway Traffic Act for the current registration year
under that Act;
(3)
is kept in the open; and
(4)
the owner thereof either
(i)
has abandoned it; or
(ii)
is keeping it primarily for the purposes of salvaging or
selling parts therefrom, or for the eventual sale thereof as scrap metal;
and also includes the body or chassis of a used motor vehicle or some
parts of which have been removed, and to which (2), (3) and (4) apply.
1.4
"Designated Officer" means the person or persons designated by the City
from time to time as responsible for the enforcement of its by-laws.
1.5
"Off Road Vehicle" shall have the meaning ascribed to that term in The
Off Roads Vehicle Act and amendments thereto.
1.6
"Person" means an individual, firm or corporation and, where demanded
by the context shall include the plural or singular.
1.7
"Property" means all lands held under one Certificate of Title,
notwithstanding that one or more parcels of land may be held under one Certificate of
Title.
1.8
"Park" means to stand a vehicle whether occupied or not.
1.9
"Stand" as applied to a vehicle, whether occupied or not, means to cause
the vehicle to remain motionless in one place and "standing" has a corresponding
meaning.
1.10
"Store" means to keep or allow to be kept.
1.11
"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.
2. APPLICATION
This By-law applies to owners, tenants and occupiers of property within the City
of Steinbach.
3. PROHIBITIONS
Except as provided in section 4 of this by-law;
(a)
no person shall park, abandon or leave, a derelict vehicle on private
property with or without the consent of the owner of the property.
(b)
no owner, occupant, or person in charge or control of private property
shall keep or allow to be kept, any derelict vehicle on the property.
4. EXCEPTIONS
Notwithstanding section 3, a person may park or store a derelict vehicle on private
property provided that;
(a)
the derelict vehicle is wholly contained within a lawfully existing structure
on the property.
(b)
one derelict vehicle is allowed in the rear yard of a property if covered
with an appropriate cover designed for that purpose or in a rear yard which is
completely fenced in with a solid fence with minimum height of 5'.
(c)
the vehicle is offered or exposed for sale on the property for not more than
60 days in one year, and no more than one vehicle is offered or exposed for sale at
any time.
(d)
an owner of a property may make application to the Designated Officer for
a permit to keep a covered derelict vehicle in the driveway of the front yard of the
property subject to the following;
(i)
the permit shall be valid not longer than 90 days
(ii)
one permit per property is allowed during the calendar year
(iii)
the permit fee shall be $50.00 for the 90 day period.
5. ENFORCEMENT
The Designated Officer is authorized to enter any property within the City of
Steinbach for the purposes of determining compliance with this By-law and may;
(a)
enter upon the land at any reasonable time, without consent of the owner
or resident;
(b)
request that anything be produced to assist with such inspection; and
(c)
make copies of anything related to such inspection.
6. OFFENCE NOTICE
If the Designated Officer determines that an offence under this By-law has been
or is being committed, the Designated Officer may issue an Offence Notice to the
owner of the property. The Offence Notice shall state that the owner of the
property has 21 days to comply with the notice.
7. APPEAL TO COUNCIL
A person served with an Offence Notice pursuant to this By-law may appeal such
Offence Notice to the Council within 14 days of the issuance of such Offence
Notice.
8. OFFENCE
Any person contravening this By-law commits an offence and is liable on
conviction to a fine not less than one hundred ($100.00) dollars and not exceeding
one thousand ($1,000.00) dollars.
9. CONTINUING OFFENCE
Each day on which any violation of this By-law continues shall be and is a
separate offence.
10. REMOVAL OF VEHICLE
In addition to the issue of an Offence Notice pursuant to section 6 hereof, any
vehicle kept or stored in contravention of this By-law may be removed from the
property, towed, impounded and stored by the City.
11. DESTRUCTION OR SALE OF VEHICLE
Any vehicle removed from property by the City pursuant to this By-law may be
destroyed or sold at any time thirty (30) days after the date of removal of the
vehicle from the property. In the event that such vehicle is sold, the City shall be
entitled to recover from the sale price all fines, fees and charges permitted
hereunder. In the event that the sale proceeds shall exceed the aggregate of all
fines, fees and charges, any remainder shall be paid to the owner of the vehicle.
12. REDEMPTION OF VEHICLE
A vehicle removed pursuant to this By-law may be released to the owner thereof,
or to the owner, occupant or person in charge or control of the property from
which the vehicle was removed, upon the payment in full of the Penalties and
Charges prescribed in this By-law within thirty (30) days of the removal of the
vehicle.
13. PENALTIES AND CHARGES
In addition to any fines imposed pursuant to section 8 hereof, the City shall
impose the following penalties and charges in respect of each derelict vehicle
removed in accordance with this By-law.
(a)
$100.00 for the removal and towing of the derelict vehicle; and
(b)
$20.00 per day for the impoundment and storage; and
(c)
$150.00 for the destruction and disposal of the vehicle.
14. ADDING OF PENALTIES AND CHARGES TO TAXES
The Penalties and Charges imposed pursuant to this By-law are a debt owing to
the City jointly and severally by the owner of the vehicle and the owner of the
property and may be collected in any manner in which a tax may be collected or
enforced under The Municipal Act.
15. REPEAL
By-law No. 964 is hereby repealed.
DONE AND PASSED as a By-law of the City of Steinbach, at Steinbach, in
Manitoba, this 18th day of February, 2003.
Mayor
Manager
Read a first time this 4th day of February, 2003.
Read a second time this 18th day of February, 2003.
Read a third time this 18th day of February, 2003.