This is the exact embedded text of the captured official document.
Snapshot d61a4a73db5a · verified 2026-10-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
By-Law #3/03
Being a By-Law to regulate the parking and storing of vehicles upon property
within the boundaries of The Town of Teulon.
WHEREAS subsection 232(1)(c) of The Municipal Act provides as follows:
"A council may pass by-laws for municipal purposes respecting the following
matters:
subject to section 233, activities or things in or on private property,"
AND WHEREAS section 233 of The Municipal Act provides as follows:
"a by-law under clause 232(1)(c) (activities or things in or on private property)
may contain provisions only in respect of
(a) the requirement that land and improvement be kept and maintained in a safe
and clean condition;
(b) the parking and storing of vehicles, including the number and type of vehicles
that may be kept or stored and the manner of parking and storing;
(c) the removal of top soil; and
(d) activities or things that in the opinion of the council are or could become a
nuisance, which may include noise, weeds, odours, unsightly property, fumes
and vibrations,"
AND WHEREAS subsection 232(1)(o) of The Municipal Act provides as
follows:
"A council may pass by-laws for municipal purposes respecting the following
matters:
the enforcement of by-laws,
AND WHEREAS subsection 236(1) of The Municipal Act provides as follows:
"Without limiting the generality of clause 232(1)(o) (enforcement of by-laws), a
by-law passed under that clause may include provisions
(a) providing for procedures, including inspections, for determining whether the
by-laws are being complied with; and
(b) remedying contraventions of by-laws, including
(i)
creating offences,
(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,
(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;
(iv)
seizing, removing, impounding, confiscating and selling or
otherwise disposing of plants, animals, vehicles, or other things
related to a contravention;
(v)
charging and collecting costs incurred in respect of acting under
subclause (iv);
(vi)
imposing a sentence of imprisonment for not more than six months
for the commission of offences or non-payment of fines."
- 2 -
AND WHEREAS it is deemed necessary and desirable to regulate the parking and
storage of vehicles on private property in the Town of Teulon;
NOW THEREFORE the Council of The Town of Teulon enacts as follows:
1. DEFINITIONS
"approach" means the entryway to property extending from the limits of the
travelled portion of the highway to the property line and, without restricting
the generality of the foregoing, shall include any ditch or swale.
"Council" means the Council of The Town of Teulon.
"Municipality" means The Town of Teulon.
"Designated Officer" means the person or persons designated by the
Municipality from time to time as responsible for the enforcement of its by-
laws.
"off-road vehicle" shall have the meaning ascribed to that term in The Off-
Road Vehicles Act and amendments thereto.
"person" means an individual, firm or corporation and, where demanded by
the context shall include the plural or singular.
"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 and shall include the approach.
"park" means to stand a vehicle whether occupied or not.
"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.
"store" means to keep or allow to be kept.
"vehicle" under this by-law means:
An object which is not a new and unused vehicle and
a) Is not in operating condition.
b) It does not have attached thereto, and expressed thereon, one or more
number plates issued under the Highway Traffic Act for the current
registration year under that Act.
c) It is kept in the open.
d) It is kept primarily for the purpose of salvage or selling parts therefrom or
for the eventual sale thereof as scrap metal.
e) It includes the body or chassis of a used motor vehicle, all or some of the
parts of which have been removed.
2. APPLICATION
This By-Law applies to owners, tenants and occupiers of property within The
Town of Teulon.
3.(1) PROHIBITIONS
Except as provided in section 4 of this By-Law, no person shall park or store a
vehicle on property unless:
a) the vehicle is registered for use pursuant to The Highway Traffic Act
or The Off-Road Vehicles Act; or
- 3 -
b) the vehicle has, within the preceding thirty (30) days been registered
for use pursuant to The Highway Traffic Act or The Off-Road
Vehicles Act; or
c) the vehicle is wholly contained within a lawfully existing structure on
the property; or
d) the vehicle is parked or stored under tarps at the rear of any dwelling
on the property so as to be entirely screened from public view. No
more than one of such vehicle may be parked or stored pursuant to this
sub-paragraph unless specifically authorized in writing by Council.
3.(2) No person shall park or store a vehicle on any vacant lot.
3.(3) Notwithstanding anything else contained in this By-Law, no person shall
park or store vehicles on property other than as permitted by the Municipality's
Zoning By-Law and amendments thereto.
4. EXCEPTIONS
Notwithstanding section 3(1), a person may park or store a vehicle on
property for the purpose of selling that vehicle provided that
(a) The vehicle is registered for use pursuant to The Highway Traffic Act
or The Off-Road Vehicles Act in the name of an individual who is
resident at the property or has been so registered within the preceding
thirty (30) days; and
(b) The vehicle is offered or exposed for sale on the property for not more
than sixty (60) days; and
(c) No other vehicle has been offered or exposed for sale on the property
within the preceding 6 months; and
(d) The vehicle is parked or stored within the boundaries of the property;
and
(e) Not more than one vehicle is offered or exposed for sale.
5. ENFORCEMENT
The Designated Officer is authorized to enter upon any property within The
Town of Teulon for the purposes of determining compliance with this By-Law
and may
(a) enter upon the land at any reasonable time, without the 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 pursuant to the Municipal Act.
- 4 -
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 fourteen (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 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 Municipality.
11. DESTRUCTION OR SALE OF VEHICLE
Any vehicle removed from property by the Municipality 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 Municipality 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 Municipality
shall impose the following penalties and charges in respect of each vehicle
removed in accordance with this By-Law
(a) $100.00 for the removal and towing of the vehicle; and
(b) $20.00 per day for impoundment and storage; and
(c) $150.00 for the destruction and disposal of the vehicle.
- 5 -
14. ADDING OF PENALTIES AND CHARGES TO TAXES
The Penalties and Charges imposed pursuant to this By-Law are a debt owing
to the Municipality 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. 391 is hereby repealed.
16. This By-Law shall come into full force and effect October 1, 2003.
DONE AND PASSED as a By-Law of The Town of Teulon, at Teulon, in
Manitoba, this ______ day of ____________, A.D., 2003.
____________________________________
Mayor
____________________________________
Chief Administrative Officer
Read a first time this ______ day of ____________, A.D. 2003.
Read a second time this ____ day of ____________, A.D. 2003.
Read a third time this ______ day of ____________, A.D. 2003.