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CITY OF THOMPSON
BY-LAW NUMBER 1732-2007
[As amended by Resolution No. 11-2008 and AM B/Ls 1793-2009 and
1803-2009]
BEING A BY-LAW OF THE CITY OF TRHOMPSON FOR THE
PURPOSE OF IDENTIFYING AND DEALING WITH DERELICT
VEHICLES.
WHEREAS The Municipal Act, R.S.M. 1996, c. M225 provides authority
for a municipality to deal with parking and storing of vehicles on private
property as well as activities or things which are or could become a
nuisance in the opinion of the council.
AND WHEREAS the City of Thompson deems it necessary and expedient
to adopt a regulatory by-law for the purpose of identifying and dealing with
derelict vehicles;
NOW THEREFORE the Council of The City of Thompson, duly
assembled, enacts as follows:
Definitions
1 (a) "Derelict Vehicle" means any vehicle that is not in operating
condition; cannot meet safety standards as Legislated by the
Province of Manitoba from time to time; does not have
attached thereto, and exposed thereon, one or more permit
plates for the current registration year and is kept in the
open.
(b) "Immediately Dangerous Hazard" means any vehicle that
does not comply with the standards of this By-law which in
the of the Enforcement Officer is unsafe or dangerous or
injurious to health or safety.
(b) "Private Property" means any land within the boundaries of
the City of Thompson, including those of the City of
Thompson but excluding highways or a part of a highway;
(c)
"Highway" has the meaning given it by Section 68 (1) of The
Highway Traffic Act, C.C.S.M. c. H60 1985;
Derelict Vehicle By-law No. 1732-2007
Page - 2 -
(e) "Enforcement Officer" means any peace officer, police
officer, or constable of the R.C.M.P. or other officer,
inspector, or employee of the municipality authorized to take
action for carrying out or enforcing any provision of this By-
law by the Council of the City of Thompson.
(f) "Abandoned" means if, for a period of at least thirty (30)
days, the object has, in the opinion of the Enforcement
Officer,
(i) been left in the open; and,
(ii) been deserted.
[AM B/L 1803-2009]
2 (a) No owner, occupant or person in charge or control of private
property within the City of Thompson shall keep a derelict
vehicle on said private property which is situated within
those zoning areas designated as:
R1
- Single Family Dwelling
R2
- Two Family Dwelling
R3
- Multiple Family Dwelling
R4
- Multiple Family Dwelling
RMHS - Mobile Home Subdivision
C1
- Neighourhood Commercial
C2
- Central Commercial
C3
- General Commercial
PI
- Public and Institutional
(b)
No owner, occupant or person in charge of or control of
private property within the City of Thompson who does not
have a current derelict vehicle permit issued by the City of
Thompson, shall keep a derelict vehicle on said property
which is situated within those zoning areas designated as:
M1
- Light Industrial
M2
- Heavy Industrial
(c)
An owner, occupant or person in charge of or control of
private property within the City of Thompson may make
application to the License Inspector for a permit to keep a
derelict vehicle by applying in writing on the form set out as
Schedule "A" to this By-law and paying the annual fee as
proscribed in the City of Thompson Fee and Fine Schedule
as it exists, or as it may be amended;
[AM B/L 1793-2009]
(d) The derelict vehicle permit issued shall be displayed in a
conspicuous place on the property;
Derelict Vehicle By-law No. 1732-2007
Page - 3 -
(e) If, in the opinion of an enforcement officer of the City of
Thompson, a vehicle for which a derelict vehicle permit has
been applied for under this By-law, is in such a condition or
location as to be a hazard to persons or property, or
environment, or any of them, the City of Thompson shall give
notice in writing to the owner or persons in control thereof,
that a derelict vehicle permit will not be issued on the
applications;
(f)
If, in the opinion of an enforcement officer of the City of
Thompson, a vehicle for which a current derelict vehicle
permit has been issued under this By-Law, has deteriorated
to the degree, or is in such a location, that it is a hazard to
persons or property or environment, or any of them, the City
of Thompson shall give notice in writing to the owner or
person in control thereof, that 15 days from the date of the
service of the notice, except in the case of an immediately
dangerous hazard, the current permit will be revoked and
from that date forward, the owner or person in control
thereof, will be considered to be in contravention of this By-
Law;
3 (a) Notwithstanding, the provisions hereinbefore stated, an
owner, occupant, or person in charge of or control of private
property and who is principally engaged in one of or a
combination of the following businesses as:
i)
motor vehicle sales and service establishments;
ii)
motor vehicle repair establishments;
iii)
motor vehicle wrecking establishments;
iv)
motor vehicle service stations and public
garages;
will not be subject to regulations or penalty under this By-
Law so long as:
A) the vehicles are kept wholly within the
boundaries of the said private property,
and
B) the vehicles are not, in the opinion of the
Enforcement Officer, in such a condition or
location as to be a hazard to person or
property, or environment, or any of them.
C) the
businesses
are
operating
in
accordance with the provisions of the
Zoning By-law.
Derelict Vehicle By-law No. 1732-2007
Page - 4 -
If the conditions of part 3(a) of the By-Law are not complied
with, the City of Thompson shall give notice, in writing, to the
owner or person in control of the private property that the
conditions must be complied with, except in the case of an
immediately dangerous hazard, within 15 days from the date
of service of the notice and if not complied with, within that
period, then from that day forward the owner or person in
control thereof, will be considered to be in contravention of
this By-Law;
(b) No person shall park or leave a derelict vehicle on any
property within the City of Thompson with or without the
consent of the owner of said property;
4.
(a) Any derelict vehicle parked, abandoned, or left on private
property contrary to the provisions of this by-law may,
upon direction from the Enforcement Officer, be
removed, impounded and stored by the City for a period
of forty-five (45) days.
[AM B/L 1803-2009]
(b) The owner of the derelict vehicle or the property owner
may recover the derelict vehicle by:
(i)
if removed and impounded by a private towing
company: paying the costs for removal and
impoundment; or
(ii)
if removed by the City of Thompson and stored
in the City's yard: paying the cost for removal
and daily impoundment fee as established in the
City of Thompson's Fee and Fine Schedule, as it
exists or as amended.
[AM B/L 1803-2009]
(c) In the event that the derelict vehicle is not claimed during
the impoundment period the Enforcement Officer may
destroy or otherwise dispose of the derelict vehicle.
Where disposal of the vehicle generates more revenue
than the outstanding costs owing to the City any excess
monies will be released to the owner, if known. If the
owner cannot be located any excess monies will be
retained by the City and deposited to its general revenue
account.
[AM B/L 1803-2009]
Derelict Vehicle By-law No. 1732-2007
Page - 5 -
(d) All costs for removal and impoundment are the
responsibility of the property owner from which the
derelict vehicle was removed and, if same are not paid in
response to a registered bill, the City may add these
costs to the property taxes.
[AM B/L 1803-2009]
5.
Any person violating a provision of the By-law shall be liable
to a fine as specified in the City of Thompson Fee and Fine
Schedule as it exists, or as it may be amended, and each
day on which the violation of a provision of the By-law
continues shall be a separate offence;
[AM B/L 1803-2009]
6.
Council may, by Resolution, make any changes it deems
appropriate to the Schedules attached to this By-law.
BY-LAWS NUMBERED 518-71 AND 948-78 ARE HEREBY REPEALED.
READ a first time this 4th day of June, A.D. 2007.
READ a second time this 18th day of June, A.D. 2007.
READ a third time this 18th day of June, A.D. 2007.
DONE AND PASSED in Council duly assembled
This 18th day of June, A.D. 2007.
THE CITY OF THOMPSON
PER:
MAYOR
PER:
CITY MANAGER
Derelict Vehicle By-law No. 1732-2007
Page - 6 -
SCHEDULE "A"
APPLICATION OF DERELICT VEHICLE PERMIT
1. Name of owner of derelict vehicle ____________________________________
Address_________________________________________
2. Describe derelict vehicle:
Make:_____________________________________________________
Model:____________________________________________________
Serial No.__________________________________________________
3. Name of owner, occupant, or person in charge of land where derelict vehicle to
be parked:_________________________________________________________
Address:__________________________________________________________
Legal description of land:_____________________________________________
Nature of ownership, etc.:_____________________________________________
4. From whom was derelict vehicle acquired, when, and what terms:
a) Address:________________________________________________________
b) Date of acquisition:________________________________________________
c) Terms:__________________________________________________________
DATED at the City of Thompson this ____ day of _____________, ___________
________________________________________________
Signature of owner of derelict vehicle named in
paragraph 1 hereof.
________________________________________________
Signature of person named in paragraph 3 hereof
Derelict Vehicle By-law No. 1732-2007
Page - 7 -
SCHEDULE "B"
DERELICT VEHICLE INFORMATION SHEET
ADDRESS:______________________________________________________________
OWNER OR OCCUPANT OF PREMISE:_______________________________
PHONE NUMBER: _________________________________________________
YES
NO
1.Is the car/truck in running condition ___________________________________
2.Currently licensed _________________________________________________
3. Owner of vehicle in residence _______________________________________
VEHICLE INFORMATION:
4. Type:
____________________________________________________
5. Make:
____________________________________________________
6.Model:
____________________________________________________
7.Color:
_____________________________________________________
8. Serial No. ______________________________________________________
9. Motor:
______________________________________________________
10. Transmission: ___________________________________________________
11. Windows: ______________________________________________________
12. Tires: _________________________________________________________
13. Body: _________________________________________________________
14. Interior: _______________________________________________________
15. License No.: ____________________________________________________
18. Owner of vehicle: ________________________________________________
19. Address: _______________________________________________________
Derelict Vehicle By-law No. 1732-2007
Page - 8 -
SCHEDULE "C"
DELETED IN ITS ENTIRETY AS PER AM B/L 1803-2009
Derelict Vehicle Permit
Permit to keep a derelict vehicle in an M-1 or M-2 Zone;
January 1, to December 31
$20.00
From August 1 to December 31
$10.00
Note:
All permits will be reviewed prior to renewal after three years.
Violations of this By-law
Keeping a derelict vehicle without a Permit
$50.00
Keeping a derelict vehicle in a prohibited Zone
$50.00
Note:
Each day on which a violation continues shall be a separate offence.