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The Corporation Of The Town Of Essex
By-Law Number 809
Being A By-Law To Designate
Class"B" Roads
Within The Municipal Limits Of The
Corporation of The Town Of Essex
Whereas, Section 120 of the Highway Traffic Act and amendments thereto provides that no
vehicle or combination of vehicles shall be operated on a Class B Highway where the weight
upon one axle exceeds 8,200 kilograms, or, if the axles are spaced less than 2.4 metres apart,
where the weight upon one axle exceeds 5,500 kilograms;
And Whereas, Section 122 (7) of the Highway Traffic Act and amendments thereto provides
that the municipality or other authority having jurisdiction over a highway may by by-law
designate the date on which a reduced load period shall start or end and the highway or
portion thereof under its jurisdiction to which the designation applies;
And Whereas, the reduced load period is deemed necessary for the protection of certain
highways within the municipal limits of the Corporation of the Town of Essex.
Now therefore be it resolved that the council of the Town of Essex enacts as follows:
Part 1-Definitions:
1. For the purposes of this By-Law:
a) Heavy Vehicle includes vehicle or combination of vehicles where the weight upon
one axle exceeds 8,200 kilograms, or, if the axles are spaced less than 2.4 metres
apart, where the weight upon one axle exceeds 5,500 kilograms.
b) Highway includes a common and public highway, street, avenue, parkway,
driveway, square, place, viaduct or trestle, designated and intended for or used by,
the general public for the passage of vehicles.
c) Town shall mean the Corporation of the Town of Essex.
d) Vehicle includes a motor vehicle, trailer, traction engine, farm tractor, road-
building machine and any vehicle drawn, propelled or driven by any kind of power,
including muscular power,, but does not include a motorized snow vehicle or the
cars of electric steam railways running only upon rails.
Part 2-Enforcement:
2. The Essex Police Service shall enforce the provisions of the By-Law or other such
person or persons as designated by Council, including the By-Law Enforcement
Officers for the Town.
Part 3-Designations:
3. Highways listed in Schedule "A" attached hereto and forming part of this By-Law shall
be designated as "Class B" highways within the municipal limits of the Corporation of
the Town of Essex.
Part 4-General Prohibitions:
4. When suitable signs have been erected and are on display, no person shall operate or
cause to be operated a heavy vehicle or combination of heavy vehicles on a Class B
highway within the municipal limits of the Corporation of the Town of Essex from
January1st to December 31st in each year.
Part 5-Penalties and Provisions:
5. Every person who contravenes any provision of this By-Law is guilty of an offence and
on conviction is liable to a fine as provided for in the Provincial Offences Act.
6. The provisions of this By-Law shall not apply to:
a) Ambulance, emergency vehicles, or
b) Vehicles actually engaged in work undertaken for or on behalf of the Town, or
c) Security vehicles used for transporting of securities or security personnel, or
d) Police vehicles or municipal law enforcement vehicles while actually engaged in
enforcement, or
e) Construction vehicles while actually engaged in construction work on property
Town of Essex
By-Law #809
Page 2
adjacent to the location where the vehicle is parked, or
f) Refuse collection vehicles while actually engaged in refuse collection, and
g) Blue Box collection vehicles while actually engaged in the collection of recyclable
goods.
Part 6-Effective Date:
7. By-Law #1885 of the former Town of Essex, By-Law #790 of the former Town of Harrow,
By-Law # 2170 of the former Township of Colchester North and By-Law #1600 of the
former Township of Colchester South are hereby repealed.
8. This By-Law shall come into force and take effect on the day of the final passing
thereof.
Read a first, second, third time and finally passed this 5th day of March, 2007.
Mayor
Clerk
Schedule "A"
To By-Law Number 809
Class "B" Road Schedule
Street Listing
From
To
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14th Concession
East Limit
County Road # 11
13th Concession
North Malden Road
County Road # 11
12th Concession
North Malden Road
County Road # 11
11th Concession
North Malden Road
County Road # 11
Pinkerton Side Road
North Malden Road
County Road # 8
Hyland Side Road
North Malden Road
County Road # 8
Old Malden Road
12th Concession
14th Concession
Walker Side Road
North Malden Road
County Road # 8
North Malden Road
Highway # 3
County Road # 11
Batten Side Road
North Malden Road
County Road # 12
Mole side Road
North Malden Road
County Road # 12
Gesto Side Road
North Malden Road
County Road # 12
Brush Side Road
North Malden Road
County Road # 12
Trembley Side Road
North Malden Road
County Road #12
7th Concession
County Road # 11
Smith Side Road
South Malden Road
County Road # 11
County Road # 23
10th Concession
County Road # 23
South Malden Road
9th Concession Road
County Road # 23
South Malden Road
8th Concession Road
County Road # 23
County Road # 15
Ferris Side Road
County Road # 18
South Malden Road
Coulter Side Road
County Road # 18
South Malden Road
Giardini Road
8th Concession
County Road # 18
Britton Side Road
South Malden Road
Country Road # 18
6th Concession Road
County Road # 23
Smith Side Road
5th Concession Road
County Road # 23
Smith Side Road
4th Concession Road
County Road # 23
Smith Side Road
3rd Concession Road
County Road # 23
County Road # 11
3rd Concession Road
Roseborough Road
Smith Road
Johnson Road
5th Concession Road
6th Concession Road
Hickory Lane
4th Concession Road
Southerly Limit
McCormick Road
County Road # 18
County Road # 20
Ferris Road
5th Concession Road
Gore Road
Mclean Road
4th Concession Road
3rd Concession Road
Drummond Road
County Road # 20
5th Concession Road
Smith Side Road
County Road # 20
County Road # 18
Rizzo Nicola Road
6th Concession Road
County Road # 18
2nd Concession Road
County Road # 20
County Road # 41
Gore Road
County Road # 20
Ridge Road
Dolson Road
County Road # 50
Iler Road
Iler Road
County Road # 50
County Road # 20
Ridge Road
County Road # 50
County Road # 20
Huffman Road
Ridge Road
Iler Road
Snake Lane
Arthur Street
Gore Road
Bell Road
County Road # 50
Gore Road
Dunn Road
County Road # 13
County Road # 50
Wright Road
Gore Road
Southerly Limit
Fox Road
County Road # 20
Gore Road
Part 1 Provincial Offences Act
The Corporation Of The Town Of Essex
By-Law Number 809
Being A By-Law To Designate
Class"B" Roads
within the municipal limits of the
Corporation of the Town of Essex
Column 1
Column 2
a
Column 3
Offence Creating
Provision Or Defining
Item
Short Form Wording
Offence
Set Fine
1.
Operating a heavy vehicle on a Class B highway
Part 4
$100.00
2.
Causing a heavy vehicle to be operated on a Class B highway
Part 4
$100.00
Penalty provisions for the offences indicated above is Section 5 of By-Law #809, a certified copy of which has been filed.
ONTARIO COURT OF JUSTICE
PROVINCIAL OFFENCES ACT
PART I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder and Municipal By-law No. 809, of the Town of Essex, attached hereto
are the set fines for those offences. This Order is to take effect April 16, 2007.
Regional Senior Justice
West Region
Signature of Alexa nder Graham