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INCORPORATED VILLAGE OF HILTON BEACH
By-law Number 2019-25
"Being a By-law to Prohibit Overnight Parking during
Specified months and times — and — to Prohibit Parking on a Highway
That interferes with the removal of snow or ice or the clearing of snow
in the Village of Hilton Beach"
WHEREAS Section 8 of the Municipal Act, 2001, S.O., 2001, c.25, as
amended, provides that a municipality has the capacity, rights, powers and privileges
of a natural person, for the purpose of exercising its authority under this or any other
Act;
AND WHEREAS Section 11 of the Municipal Act, 2001, S.O., 2001, c.25,
as amended, authorizes municipalities to enact by-laws regulating parking;
AND WHEREAS pursuant to Section 63(1) of the Municipal Act, 2001,
S.0., ¢.25, permits a municipality, subject to subsection 170(15) of the Highway
Traffic Act R.S.O. 1990, c.H.8, to remove and impound or restrain and immobilize
any object or vehicle placed, stopped, standing or parked on or near a highway in
contravention of this by-law;
AND WHEREAS pursuant to Section 100 and 101(1) of the Municipal Act,
2001, S.O., ¢.25 as amended, permits a municipality, subject to subsection 170(15)
of the Highway Traffic Act, R.S.O. 1990, c. H.8, to remove and impound or restrain
and immobilize any vehicle, at the owner’s expense, parked or left in contravention
of this by-law.
NOW THEREFORE the Council of the Incorporated Village of Hilton
Beach hereby enacts as follows:
1. DEFINITIONS
1.1 In this By-law:
“Council” means the Council of the Incorporated Village of Hilton
Beach;
“Highway” includes a common and public highway, street, driveway,
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;
“Highway Traffic Act” means the Ontario Highway Traffic Act, R.S.O.
1990, c. H.8, as amended;
“Motor Vehicle” includes an automobile, motorcycle, trailer, and any
other vehicle propelled or driven otherwise than by muscular power;
“Municipal By-law Enforcement Officer” means a person appointed by
the Council of the Incorporated Village of Hilton Beach to enforce
municipal by-laws;
“Park” or “Parking” when prohibited means the standing of a vehicle,
whether occupied or not, except when standing temporarily for the
purpose of and while actually engaged in loading or unloading
merchandise or passengers;
“Shall” shall be construed as imperative.
2
By-law #2019-25 — Prohibit Overnight Parking/Prohibit Parking that Interferes
with the removal of snow or ice; or the clearing of snow from highways
(Cont’d.)
2. INTERPRETATION
2.1 In this By-law:
(a) Words importing the singular number or the masculine gender only,
include more persons, parties or things of the same kind than one
and females as well as males and the converse;
(b) A word interpreted in the singular number has a corresponding
meaning when used in the plural;
(c) “Motor vehicle”, when used as part of a prohibition of parking or
stopping, includes any part thereof, and
(d) “Subsection” when used without reference to another section, refers
to a subsection contained in the same section in which the phrase is
used.
2.2 It is declared that if any section, subsection or part or parts thereof be
declared by any court of law to be bad, illegal or ultra vires, such
section, subsection or part or parts shall be deemed to be severable and
all parts hereof are declared to be separate and independent and enacted
as such.
3. GENERAL REGULATIONS
3.1 No person shall park a motor vehicle or permit a motor vehicle to
remain parked on any highway so as to interfere in any manner with the
work of:
(a) Removing snow or ice; or
(b) Clearing of Snow.
3.2 No person shall park a motor vehicle or permit a motor vehicle to
remain parked on any highway in the Village of Hilton Beach between
the hours of 11:00 p.m. and 7:00 a.m., from November 1“ of one year
to April 15" of the following year.
4, OFFENCES AND FINES
4.1 Every person who contravenes any provision of this By-law is guilty of
an offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, R.R.S. 1990, c. P. 33, as amended.
5. VEHICLES SUBJECT TO REMOVAL WHEN ILLEGALLY PARKED
5.1 In addition to any other penalties provided by this By-law, upon
discovery of any motor vehicle parked on any highway in contravention
of any provision of this By-law, a municipal by-law enforcement
officer or police officer may cause such motor vehicle to be moved or
taken to and placed or stored in a suitable place, without notice.
5.2 All costs and charges incurred for removing, taking away and storing a
motor vehicle pursuant to Subsection (1) of this Section, shall be a lien
upon the motor vehicle, which lien may be enforced in the manner
prescribed by Section 4 of the Repair and Storage Liens Act, R.S.O.
1990, C. R.25, as amended.
3
By-law #2019-25 — Prohibit Overnight Parking/Prohibit Parking that Interferes
with the removal of snow or ice; or the clearing of snow from highways
(Cont’d.)
6. PENALTY
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 R.S.O. 1990, c. P.33, as amended.
7. SEVERABILITY
7.1 Where a Court of competent jurisdiction declares any section or part of
a section of this By-law invalid, the remainder of this By-law shall
continue in force unless the Court makes an Order to the contrary.
8. REPEAL
8.1 By-law #2019-20 is hereby repealed.
8.2 Any By-law inconsistent with this by-law shall hereby be repealed.
9. ENACTMENT
9.1 This By-law shall come into full force and effect on the day it is passed.
READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 11" day
of December, 2019.
Qs ile
Maine Robert Hope
La tid (Kemf~
Clerk Peggy b ramp
Set Fine Schedule “A”
INCORPORATED VILLAGE OF HILTON BEACH
Part I, Provincial Offences Act
By-law No. 2019-25
A By-law to Prohibit Parking in the Village of Hilton Beach
ITEM COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4
Short form wording Provision creating or Early Payment (Within 7 Days) Set Fine
Defining offence
1 Prohibited Parking — 11:00 p.m. to 7:00 a.m. s. 3(3.2) $20.00 $25.00
2 Prohibited Parking — Interfere with Removal of s. 3 (3.1)(a) $20.00 $25.00
Snow or Ice
3 Prohibited Parking — Interfere with clearing of snow s. 3(3.1)(b) $20.00 $25.00
NOTE: The penalty provision for the offences indicated above is in Section 6 of By-law 2019-25,
a certified copy of which has been filed.