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THE CORPORATION OF THE TOWNSHIP OF EAST HAWKESBURY
BY-LAW NO. 2020-08
BEING A BY-LAW TO PROHIBIT HEAVY TRUCKS ON CERTAIN HIGHWAYS IN
THE TOWNSHIP OF EAST HAWKESBURY
WHEREAS under Section 11 of the Municipal Act, 2001, as amended, a lower tier
municipality may pass by-laws respecting matters within the sphere of jurisdiction set
out therein;
AND WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c.25, Section 27 (1),
as amended, authorizes Municipalities to enact By-Laws respecting matters regarding
"highways, including parking and traffic on highways" it has jurisdiction over;
AND WHEREAS Section 30 of the Municipal Act 2001, S.O. 2001, c.25, states that a
highway is owned by the Municipality that has jurisdiction over it subject to any rights
reserved by a person who dedicated the highway or any interest in the land held by any
other person;
AND WHEREAS Section 35 of the Municipal Act 2001, S.O. 2001, c.25, states that a
Municipality may pass By-Laws removing or restricting the common law right of
passage by the public over a highway and the common law right of access to the
highway by an owner of land abutting a highway;
AND WHEREAS the Council of the Corporation of the Township of East Hawkesbury
deems it necessary to enact heavy truck restrictions on certain highways within the
municipality;
NOW THEREFORE, the Council of the Corporation of the Township of East
Hawkesbury HEREBY ENACTS as follows:
1. Resign By-Law No. 99-42
2. Definitions In this By-Law:
a) "Director" shall mean the Director of Public Works of the Township of
East Hawkesbury or his designate.
b) "Heavy Truck" is defined as any commercial vehicle having a registered
gross weight greater than 4,500 kilograms, but does not include
ambulances or fire trucks.
c) "Highway" includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, any part of
which is intended for or used by the general public for the passage of
vehicles and includes the area between the lateral property lines thereof,
which is owned by the Town of East Hawkesbury.
d) "Person" includes an individual and/or a Corporation.
e) "Sign" means a sign as described as "No Heavy Trucks", sign Rb-62 in
the Ontario Traffic Manual, pursuant to the Highway Traffic Act, R.R.O.
1990, and Regulation 615 - Signs, as amended.
3. Prohibitions
Where signage has been erected and is on display, no person shall drive, move,
operate or park "Heavy Trucks" upon or over any of the highways or parts of highways
named or described in Schedule "A" of this By-Law and as set forth in Column 1,
between the sections identified in Column 2 and Column 3 of said Schedule.
4. Exemptions
The provisions of this Schedule shall not extend to the use of the said highway or parts
of highway for deliveries to or removals from any premise abutting thereon, to
emergency services vehicles, to public utility vehicles, or to waste management vehicles
while engaged in picking up waste and/or recycling from premises abutting thereon. The
Township of East Hawkesbury and their agents and Contractors retained by the
Township of East Hawkesbury are exempt from this By-Law.
5. Enforcement
This By-Law may be enforced by an Ontario Provincial Police Officer, Ministry of
Transportation Officer or Municipal Enforcement Officer.
6. Penalty Provisions
OFFENCES
6.1 Any person who fails to comply with any requirement or provisions of this By-Law or
causes any other person to fall to comply with any requirement or provision of this By-
law, is guilty of an offence and is subject to such fines and penalties authorized
pursuant to the Municipal Act, 2001 S.O. 2001, c.25, as amended.
6.2 Any director or officer of a corporation who knowingly concurs in the contravention
of any provisions of this By-law is guilty of an offence and is subject to such fines and
penalties authorized pursuant to the Municipal Act, 2001, S.O.2001, c.25 as amended.
6.3 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who
is exercising a power or performing a duty under this By-Law.
6.4 Any person who contravenes any section 2 shall, upon conviction, be liable to a
minimum fine of $300 dollars, to a maximum of $100,000 dollars, or as permitted by the
Act, for each contravention.
6. Designated Authority THAT the Director of Public Works and/or designate is hereby
authorized to erect, or cause to be erected, the necessary signs in accordance with the
Highway Traffic Act.
7. Citation THAT this By-Law shall be cited as the "Heavy Truck Restriction By-Law".
8. Effective Date THAT this By-Law shall come into force and take effect on the date of
its final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 27th
DAY OF January, 2020.
X
X
Luc Lalonde
Robert Kirby
Clerk Treasurer
Mayor
THE CORPORATION OF THE TOWNSHIP OF EAST HAWKESBURY
BY-LAW NO. 2020-08
SCHEDULE "A"
HEAVY TRUCK RESTRICTION COLUMN
COLUMN 1
HIGHWAY
COLUMN 2
LIMITS
COLUMN 3
TIME
GOLF ROAD
GOLF ROAD
AT ALL TIMES
CHEMIN
INTERPROVINCIALE
CHEMIN
INTERPROVINCIALE
AT ALL TIMES