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unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION
OF THE TOWNSHIP
OF MALAHIDE
BY- LAW NO. 14- 89
Being a By-law to establish a reduced load period for the
protection of certain highways located within the Township
of Malahide.
WHEREAS subsection 122(7) of the Highway Traffic Act, R. S. O. 1990, c.
H. 8, as amended (" Act") provides that the Township 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 located within the Township of Malahide;
AND WHEREAS it is the opinion of Council that the power to pass a by-
law designating the date on which a reduced load period shall start or end is of a minor
nature;
AND WHEREAS section 11 0( l) of the Act enables a municipality having
jurisdiction over a highway, upon application
in writing, to grant a permit for use of the
highway or portion thereof by a vehicle or combination of vehicles in excess of the limits
set out in section 122 of the Act;
NOW THEREFORE
the Council of The Corporation
of the Township of
Malahide
HEREBY
ENACTS
AS FOLLOWS:
Short Title
1.
This By-law shall be known and may be cited as the "Reduced Load Restriction
By- law".
Definitions
2. In this By-law:
a) " Director" means the Director of Physical Services;
b) " Highway Traffic Act" means the Highway Traffic Act, R.S. O. 1990, c. H. 8, as
amended;
c) " Official Sign" means a load restriction sign erected in accordance with the
regulations under the Highway Traffic Act;
d) " Reduced Load Period" means a reduced load period within the meaning of
section 122 of the Highway Traffic Act;
e) " Vehicle" has the same meaning as it does in the Highway Traffic Act.
Reduced Load Period
3. A Reduced Load Period for all highways within the Township of Malahide shall
start on March 1 and shall end on April 30 inclusive in each and every year.
4. The Director is authorized to amend the start and end date for the Reduced Load
Period in any year where such reduction or expansion in time is deemed by the
Director to be required and necessary for the protection of highways located
within the Township of Malahide.
Official Signs
5. The Director or his/ her designate
is authorized to erect, place or remove such
signage as may be necessary to designate and identify the highways having
reduced load limits during the Reduced Load Period. The designation of
highways having reduced load limits in this by- law shall apply at all times and in
all locations as set out in this By- law or as deemed by the Director pursuant to
section 4 of this By- law whether or not signs have been erected..
Permits
6. The Director or his/ her designate shall have the authority to grant permits for use
of any highway or portion thereof during any Reduced Load Period by a vehicle
or combination of vehicles in excess of the limits set out in this By-law, where
such permit is deemed by the Director to be required and necessary.
Penalty and Enforcement
7. Subject to vehicles or combinations of vehicles permitted pursuant to section 6
herein, no person shall operate a vehicle or combination
of vehicles that does not
comply with the reduced load limit requirements as set out in section 122 of the
Act on any highway or portion thereof within the Township of Malahide during any
Reduced
Load Period.
8. Every person who contravenes any provision of this By-law is guilty of an offence
and upon conviction is liable to a fine as set out in the Highway Traffic Act.
Headings Not Part of By- law
9. The headings in the body of this By-law form no a part of the By-law but are
inserted for convenience of reference only. -- - -
Repeal
and Commencement
10. By- law No. 22- 90 of The Corporation of the Township of Malahide is hereby
repealed in its entirety.
11. This by-law shall come into full force and effect on the date of final passage
hereof at which time all by-laws and/or resolutions that are inconsistent with the
provisions of this by-law and the same are hereby repealed or rescinded insofar
as it is necessary to give effect to the provisions of this by-law
READ a FIRST and SECOND time this
4th day of December, 2014.
READ a THIRD time and FINALLY PASSED this
4th day of Decembgy, 2014.
re -
IM
Clerk, M. Casavecchia- Somers