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By -Law # 1790
Being a By -Law To
Within The Municipal Limits Of The
WHEREAS Section 11 ( 3)( 1) of the Municipal Act, 2001, and amendments thereto,
provides that a lower -tier municipality may pass by-laws, subject to the rules set out in
subsection (4), respecting matters within spheres ofjurisdiction respecting highways,
including parking and traffic on highways;
AND WHEREAS, Section 27(1) of the Municipal Act 2001, and amendments thereto
provides that except as otherwise provided in this Act, a municipality may pass by- laws
in respect of a highway only if it has jurisdiction over the highway;
AND WHEREAS Section 110 ( 1) of the Act provides that a Municipality may grant a
permit for the use of a Highway it has jurisdiction over by a vehicle or combination of
vehicles
in excess of the weight limits set out in Part VIII of the Act
AND WHEREAS Section
122 ( 1) of the Highway Traffic Act, R. S.O 1990, Chapter
H. B
and regulations thereto, as amended ( the "Act") provides that during
a reduced
load period no commercial motor vehicle or trailer, other than a public vehicle or a
vehicle referred to in subsection (2), shall be operated or drawn upon any designated
highway where the weight upon an axle exceeds 5,000 kilograms;
AND WHEREAS
Section
122 ( 7) of the Act, provides
that a municipal
corporation
having jurisdiction over a highway may by by-law designate reduced load restrictions
and the highway (s) or portion thereof under its jurisdiction to which the designation
applies;
AND WHEREAS the Council of the Corporation of the Town of Essex deems it expedient
to prohibit heavy traffic on certain highways;
Now Therefore
The Council Of The Corporation
Of The Town Of Essex Enacts As Follows:
For the purpose of this By -Law:
a) Applicant: shall mean those persons ( including corporations) who are applying
for a Special Permit for Heavy Traffic use on any municipally owned highways not
designated in Schedule "A" to this By-law.
b) Heavy Traffic means the use of a highway by a vehicle, objector contrivance for
moving loads, having a gross weight upon an axle, including the vehicle, object
or contrivance and load that is in excess of 5, 000 kilograms.
c)
Highway( s) or Municipally Owned Highway is 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 which
is owned by and assumed by the Corporation of the Town of Essex and does not
include any highway owned by or assumed by the County of Essex or the
Province of Ontario.
d) Town shall mean the Corporation of the Town of Essex.
e) Authorized Heavy Truck Routes includes those highways listed in Schedule " A"
attached hereto.
f) 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.
g) Person includes a corporation and the heirs, executors, administrators or other
legal representatives of a person to whom the context can apply according to
law.
h) Provincial
Offences
Officer means the Ontario
Provincial
Police or an individual
appointed by by-law or other agencies designated by the Council of the Town of
Essex who are responsible for the enforcement of this by-law.
i)
Director of Infrastructure or Director means the Director of Infrastructure for
the Town of Essex or authorized
designate ( s) thereof.
1.
When suitable signs have been erected and are on display, the Highways listed
and displayed in Schedule " A" attached hereto and forming part of this By -Law
shall be designated as " Authorized Heavy Truck Routes" within the municipal
limits of the Corporation of the Town of Essex.
PART 3 -General
Prohibitions:
1.
Subject to Part 3 Section 2 below, no person shall otherwise operate or cause to
be operated a heavy traffic vehicle or combination of heavy traffic vehicles on
any Municipally Owned Highways ( including those designated
as Class " B"
highways) except on those designated as " Authorized Heavy Truck Routes"
pursuant to Schedule " A" of this By- law. For greater certainty this By- law does not
have application to any highways owned or assumed by the County of Essex or
the Province of Ontario.
2. No person shall operate or cause to be operated a heavy traffic vehicle or
combination of heavy traffic vehicles on any other municipally owned highways
unless and until a Special Permit has been granted and remains in good
d -
subjecttotheprovisions ofthisBy-law.
3. Notwithstanding anyother - -
ofthis-
nosignor
other-
r
need to be placed on a highway which is not an Authorized Heavy Truck Rout
pursuant to Schedule " A" of this by-law, to indicate or to warn parties using th -
highway that Heavy Traffic or combination of Heavy Traffic on said highway is
not permitted unless a Special Permit has been granted and remains in good
standing subject to the provisions of this By-law.
I
4. The provisions of this By- law shall apply within the municipal limits of the
Corporation of the Town of Essex from January
1 11 to December 311 in each year.
For the purposes ofthis by-law a heavy traffic vehicle shall mean any vehicle, obje
or contrivance for moving loads, having a gross weight upon an axle, including
the vehicle, object or contrivance and load, that is in excess of -
5,000
kilograms.
6. Notwithstanding subsection 2 of this Part 3, the requirement of a Special Permit
relating to heavy traffic vehicles on municipally owned highways not designated
in ScheduleA
shall be waived if a Fill Permit.-
been --
and remains
in good standing pursuant to the provisions ofTown of Essex By -Law 1799 (as
may be amended from time to time), being a By- law to provide for the regulation
of the placing or dumping of Fill, alternation of the grade of, removal of topsoil
from !
in the municipality.
PART -
Special Permit Requirements:
No person shall operate or cause to be operated a heavy traffic vehicle or
combination of heavy traffic vehicles on any municipally owned highways not
designated in Schedule "A" to this By-law, unless and until a Special Permit has
been granted under this part by the Director of Infrastructure and said Special
Permit
has not expired
in accordance
with the terms and conditions
of its
2.
Any person seeking a Special Permit pursuant to this Part shall apply
the Director of Infrastructure by way of application in the form and mann
required by the Director of Infrastructure and as amended from time to tim,
The Special
Permit requirements
shall include the specified
requirements
of Pa
4 of this
By- law and the additional
Special
Permit
requirements
specified
i
f' thisi'
3.
Any person seeking a Special
Permit pursuant to this Part shall apply
minimum of three (3) working days and no more than Five (5) working days pri
to commencing
the heavy traffic movement for which the Special Permit
being applied (hereinafter the "event").
I
4.
Notwithstanding -
in this -
the Director -
Infrastructure may at
his
her sole discretion acting - -
refuse to grant any Special
Permit applied for on an event by event basis and shall make the issuance of any
such Special
Permit subject to such terms and conditions
as the Director -
Infrastructure
acting
reasonably
may designate
as being appropriate
on an
event
event -,
Any -
by the Applicant -
any of the terms and
conditions
of the issued
Special
Permit
shall
render the Special
permit
null and
void;
5.
Every
person seeking
a Special
Permit
under this part
shall provide a
written description
and drawing of the proposed route of travel to the
Director of Infrastructure
as part of the application and upon request, shall
provide
a
scale drawing of the vehicle illustrating the
number of, and
dimensions between each axle, and specifying the loading on each axle.
6.
Every person issued a Special Permit under this part, shall, forty-eight ( 48)
hours before commencing movement for which the Special Permit has been
issued, give
notice
in the
manner
required
to the
departments,
companies,
agencies and utility companies
as may set out in the Special Permit, indicating
the route to be traveled and the time of commencement
of such the movement.
7.
In all instances, the application for a Special Permit described in this
By-law shall be accompanied by.
a)
The name and address of the Applicant
b)
The date and period of time for which the Special Permit is sought.
c)
The names of the roads affected by the proposed route of travel.
d)
Payment of the applicable fee ( s) for the Special Permit, -
any other
fees or charges that may be as set out in Schedule " B" -
this By- law
which schedule may be amended from time to time;
e)
A road damage undertaking agreement in the form and manner
eemea
apprupriate
onamy)
and duly signed by the Applicant providing that if a Special Permit is
granted
the
Applicant
acknowledges
and
agrees
that
it
shall
be
res
onsible
and/ or it shall
indemnifv
the Tow -F for a-tva-Ed all daTi- anes
1
F
this
I
0
If required by the Director of Infrastructure as a condition of the -
granting of a Special
Permit, a deposit or such other
financial
security
or deposit ( the " Security"), in an amount determined
as
appropriate by the Director of Infrastructure (acting reasonably) but
to be based upon a reasonable estimate of the cost which may be
Town in connection with the remediation of any and all damages that
may be caused to the Highway(s) by reason of the driving, operating or
moving of any such Heavy Traffic Vehicle pursuant to the provisions
of
this by-law. The Security shall further be provided in accordance with the
requirements of Schedule B to this by- law.; and
damage insurance of not less than $2,000,000 for bodily injury including
death, personal injury and property damage arising from any one
be requested, for the entire duration of the Special Permit.
rI- "MITT" MMIM"
U;
1.
If any section, clause, or provision of this By- law is for any reason declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of the By-
law as a whole or any part thereof, other than the section, clause, or provision so
declared to be invalid and it is hereby declared to be the intention that if any section,
clause, or provision of this By-law is declared invalid, that all the remaining sections,
clauses, or provisions of this By- law shall remain in full force and effect until repealed,
notwithstanding that one or more provisions thereof shall have been declared to be
invalid.
PART 6 -Penalty:
1. Penalty
Every person who contravenes any of the provisions of this by-law is guilty of an
offence and shall, upon conviction thereof, be liable to a fine as set out under the
Provincial
Offences
Act, R. S. O. 1990, and Chapter
P. 33 and as further described
in
Schedule
C attached hereto as may be duly amended from time to time.
I
Upon a conviction being entered for any offence under this by-law, the Court may,
n addition to any other remedy or penalty imposed, make an Order prohibiting the
IJA J*
ffT.
17, 1417
be designated from time to time including its By- law enforcement officials.
MM=
I
PART 8 -Exemptions:
ppriiii!
TIFFIRTIR
III?
11!
1`11IMI
o Iit =
Z= =
c) Municipal vehicles and vehicles owned by firms providing contractual service to
The Corporation
of the Town of Essex such as garbage and recycle collection
vehicles and such othervehicles as approved in writing f rom ti me to time by the
Dire:vor of 44--astruliture.
d) Limited exemptions granted in writing by the Director of Infrastructure ( acting at his
stleliscreftm
which Limitef exenAiftn sha",
mvilc- that the
Heavy Traffic Vehicle movements of a specified business or commercial operation on a
road(s) that is not an Authorized Heavy Truck Route shall be permissible subject to any
such terms and conditions that may be specified in that written limited exemption
f) The operation of a Heavy Traffic Vehicle for the purpose of making a delivery or
supplying a service to or at a residential premise or location that is not on a Authorized
Heavy Truck Route for a purpose or relating to a purpose for which a building permit is
not required to be issued, or for the purpose of removing merchandise or material from
any residential premise or location that is not on a Authorized Heavy Truck Route,
provided such Heavy Traffic Vehicle movement is made on the roadways which form the
most direct and accessible connection from or between an Authorized Heavy Truck
Route and a delivery point, service point, or the collection point for merchandise or
I
UaVMWW"#
the Authorized Heavy Truck Route. When the operation of a Heavy Traffic Vehicle
pursuant to this exemption involves multiple or a series of Heavy Traffic Vehicle
movements for the same or similar purposes for which this exemption is being relied
upon, then in such cases the Director reserves the right at its sole and final discretion
2 eths- M.2
a Wuth-q
determination
as to if this exemption can be relied upon.
g) A Heavy Traffic Vehicle that is housed at a location off of a Authorized Truck Route
a residential property, such Vehicle may be operated to and from the place where it is
housed, * and in so doing, shall drive it on a roadway forming the most direct a .
ccessiblel
Truck 2,oute.
h) The operation of a Heavy Traffic Vehicle on a road that is not designated as a
Authorized Heavy Truck Route but is located in an area identified as Rural in Schedule
A" to this By- law but only when such operation
is part of or incidental to the operation
of a normal agricultural practice. The Director of Infrastructure ( acting reasonably),
reserves the right to make a determination
as to whether anM! ven Hea
movement( s) or operation( s) is part of or incidental to the operation of a normal
agricultural practice.
PART 9 -General:
I
That By-law 810 and all amendments thereto are hereby repealed as of the first
ttTM* kX
T
Act, R. S. O. 1990, and Chapter
P. 33.
Read a first and a second time and provisionally adopted on J u 1"y 2, 2019.
Mayor
4 .................. ............ -- .... . .....
I .................
C,
Read a third time and finally passed on
August 6, 2019.
Mayor
Authorized Truck Routes and Maps
Street Listing
From
o
Victoria Avenue
Talbot
Street
North
Highway # 3
South Talbot Road
Victoria
Avenue
Michael Drive
Fairview
venue
Michael Drive
County Road # 23
Arthur Avenue
County Road # 8
Talbot Street South
Gordon Street
Talbot Street North
Arthur Avenue
Wilson Street
Talbot Street North
Arthur Avenue
Allen Avenue
County Road # 8
Bell Street
Bell Street
Allen Avenue
Forest Avenue
Forest Avenue
Thomas Street
Bell Street
Thomas Street
Victoria
Avenue
Forest Avenue
Loricon Court
Roseborough
Road
Dead End of Loricon Court
Irwin Avenue
Fairview Avenue
Gosfield Avenue
31 Concession
Road
Roseborough
Road
County Road 11
Sinasac
Street
County Road 11
Easterly Limit of Sinasac St. E
Queen St.)
Northbound travel on Sinasac
not authorized)
Erie Street
King Street
Clark Street
Clark Street
Erie Street
Roseborough Road
Roseborough
o
King Street
3rd Concession
Road
Delta Street
Queen Street
Westerly Limit
Collo Drive
Queen Street
Easterly Limit
McAffee Street
King Street
Southerly Limit
South Talbot Road
County Road # 8
Dead
End of South Talbot
plan Road
Victoria
Fairview
Laird Av
Irwin Av
Centre St
Highway 3 Hwy
Victoria Av
Kings Hwy #3
Brien Av W
County Rd 8
Brien Av E
Fairview Av W
Pinkerton Rd
Talbot St N
Arthur Av
County Rd 34
Maidstone Ave E
Gosfield Av
Iler Av
Wilson Av
Woodview Dr
Hanlan St S
Thomas St
Allen Av
South Talbot Rd N
Cameron Av
Forest Av
Kelly St
Day St
Albert St
South Talbot Rd
Park Lane
Oak Dr
Harvey St
Milne St S
Victor St
Jenner St
Gordon Av
Alice St S
Langtry St
Townsview Ct
Alice St N
Russell St
Dana Dr
Michael Dr
Westlawn Dr
St. James St
Medora Av E
Morton Ave
Dowswell St
Viscount Pkwy
Talbot St S
Keown St
Bell Av
Kim Cr
Fairview Av E
Drew Dr
Beverly Dr
Stanton Ct
St. Paul St
Neil Ct
Earl Ct
Miriam Ct
Patrick Cr
Queen Crt
Florian Dr
Cranbrook Ct
Brien Av W
County Rd 8
Pinkerton Rd
County Rd 34
North Malden Rd
County Rd 34
Iler Av
Essex Urban Centre
Authorized Heavy Truck Routes
!I
Authorized Heavy Truck Route
County Rd 20
3rd Concession Rd
County Rd 13
County Rd 11
Mclean Rd
Maple Av
Roseborough Rd
Snake Lane
Centre St E
Erie St N
Arthur St S
Munger St W
Sinasac St W
Wellington St
Walnut St S
Dunn Rd
Munger St E
Sinasac St E
Clark St
Given Rd
Sunset Dr
Queen St
Pollard Dr
Kael Cr
Arthur St N
Loricon Ct
Mcaffee St
Victoria St N
Woodland Dr
Centre St W
Sellick Dr
Secord Av
Shepley Ct
Fernwood Dr
Pearson Dr
Taylor Rd
Grant St
Poplar Dr
Dubas Av
Herdman St
Lawson Cr
Margaret Ct
Centre St W
County Rd 11
Secord Av
Harrow Urban Centre
Authorized Heavy Truck Routes
!I
Authorized Heavy Truck Route
Urban / Rural Areas
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10 Urban Zone
ess
Rural Zone
Bylaw # 1790
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Schedule
Additional
Special Permit Requirements
1. (
a)
The Special Permit application fee of $100 shall be paid at the time of
2pplication for a SpecialP.
2.
A Special
Permit transfer feet0
of applicationfor
shall be paid atthe time
r
i i _ [
jMMUI -, ;,
MI
a)
The security deposit shall be lodged with the Director of
Infrastructure ("
Director") priorto a Special Permitbeing issued.
The Security shall be in the amount specified by the Director acting
reasonably and shall be in the form of cash, certified cheque, letter of
credit or such other form of Security acceptable to the Director.
b)
Any letter of credit or such other Security must remain in effect for the
full duration of the Special Permit. Any letter of credit or such other
Security and its subsequent renewals if applicable shall contain a
clause stating that thirty (30) days written notice must be given to the
Town prior to its expiry or cancellation thereof.
C)
In the event that the Town receives notice that a letter of credit or such
other Security is expiring and will not be renewed, or if further or
additional securities are not provided within the said thirty (30) days,
the Town may draw on the current letter of credit at the discretion of
the Director acting reasonably.
d)
Any interest accruing on realized cash security shall belong to the
Town and not the Special Permit holder.
f)
The Security may be reduced from time to time at the discretion of
the Officer, but shall otherwise be held pending the completion of
all travel pursuant to the Special Permit issued under this by-law.
When the provisions of this by-law have been complied with and all
travel pursuant to the Special Permit has been completed the Town
shall release the applicant' s security.
Part I Provincial
Offences
Act
Schedule C to By -Law 1790
BEING
A BY- LAW TO PROHIBIT
HEAVY
TRAFFIC
WITHIN THE MUNICIPAL LIMITS OF THE
CORPORATION
OF THE TOWN
OF ESSEX
COLUMN
I
COLUMN 2
COLUMN 3
OFFENCE CREATING
PROVISION OR DEFINING
ffEm-- MORLECR
CRC
F
ENCS
I
Operating
a heavy Uaffic vehicle
on an uadesignated
highway
Part
4, Section
1
500. 00
without
a Special
Permit
2
Causing a heavy Indfic vehicle to be operated on a under
fad highway
Fart 4, Sectioni
3500. 01)
without a Special Fa
it
3
Operaling a heavy traffic vehicle to be operated on a undesignated highway
part 4l, Sedionj
35W.00
with an expired Special Permit
4. Causing
a heavy traffic vehicle
to be operated
on a undesignated
highway
Pad 4, Section 1
S50000
with an expired Special Permill
Penally prumons for the ifflences indicated above is Part 4 offt-Law 91790, a cerfified copy of which has been Fled
I