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THE CORPORATION OF THE TOWNSHIP OF MELANCTHON
BY-LAW NUMBER 16-2024
BEING A BY-LAW TO RESTRICT HEAVY TRUCKS
ON TOWNSHIP HIGHWAYS
WHEREAS the Municipal Act Chapter M.45, as amended, provides for passing of by-
laws for regulating traffic on highways.
AND WHEREAS the Council of the Corporation of the Township of Melancthon deems
it expedient to restrict heavy trucks on Township highways,
NOW THEREFORE THE CORPORATION OF THE TOWNSHIP OF MELANCTHON HEREBY
ENACTS AS FOLLOWS:
1.
Definitions:
1.1
"Heavy Truck" means a commercial motor vehicle or motor vehicle combination
having a registered gross weight, or actual gross weight of 4,500 kg or more, or
a manufacturer's gross vehicle weight of 4,500 kg or more.
1.2
"Highway" includes a common and public highway or street, which is intended
for or used by the general public for passage of vehicles and includes the area
between the lateral property lines thereof.
2.
Heavy Truck Restrictions:
2.1
Except as provided in Subsections 2.2, 2.3 and 2.4 of this section when
authorized signs (as regulated under the Highway Traffic Act) to that effect are
erected, no person shall move, drive, park or operate a heavy truck, on the
highways set out in Schedule "A".
2.2
Subsection 2.1 of this By-law shall not apply to any vehicle actually engaged in
making a delivery to or a collection from premises which cannot be reached
except by way of a highway or a portion of highway referred to in the said
section, provided that in making such a delivery or collection, the said highway
or portion of highway is travelled only insofar as is unavoidable in getting to and
from such premises.
2.3
Subsection 2.1 of this section shall not apply to any vehicle actually engaged in
leaving from or returning to the said vehicles owner's and/or operator's principal
residence provided that in so leaving from or returning to their principal
residence, the said portion of highway that is used is travelled insofar as is
unavoidable in getting to and from such premises and provided such storage of
their vehicle is permitted under the Township's Zoning By-law and provided that
the truck is not loaded.
2.4
Subsection 2.1 of this section does not apply to:
a)
vehicles operated or on behalf of a municipality or other authority having
jurisdiction and control of a highway, where the vehicles are engaged in
highway maintenance, including the carriage and application of abrasives
or chemicals to the highway, the stockpiling of abrasives or chemicals for
use on a highway, or the removal of snow from a highway
b)
vehicles used exclusively for the transportation of milk
c)
fire apparatus
d)
vehicles operated by or on behalf of Municipality transporting waste or
recycling material
e)
public utility emergency vehicle
f)
vehicles used exclusively for the transportation of livestock, feed, live
poultry, agricultural trucks hauling produce, fertilizer and grains
g)
vehicles used exclusively for the transportation of liquid or gaseous heating
fuel
h)
a person operating under an exception permit issued by the Township of
Melancthon.
3.
Notwithstanding the foregoing, the roads outlined in Schedule A will still be
covered by axle restrictions (half loads) from March 1st - May 15th in each year.
4.
This By-law shall not become effective until the portion of the highways affected
are properly signed.
5.
Enforcement of the signage associated with this By-law shall be pursuant to the
applicable sections and regulations under the Ontario Highway Traffic Act. At the
passing of this By-law, the contravention of the "No Heavy Truck" signage is
enforced under Section 182.2 of the Ontario Highway Traffic Act and the erection
of said signage is regulated under Regulation 615 of the Ontario Highway Traffic
Act. Fine structure shall be that approved under the provisions of the Provincial
Offences Act of Ontario, as set from time to time and the out of court
settlements, also set by the Provincial Offences Court from time to time will apply
to Part I Provincial Offences Tickets.
6.
That By-laws 27-2012, 19-2013 and 23-2015 are hereby repealed.
By-law read a first and second time this 18th day of April, 2024.
By-law read a third time and passed this 18th day of April, 2024.
Original Signed
Original Signed
______________________________
______________________________
Mayor
Clerk
SCHEDULE "A" TO BY-LAW NO. 16-2024
ROAD
FROM
TO
WHEN PROHIBITED
4th Line O.S.
Strada Pit
15 Sideroad
Anytime
15 Sideroad
3rd Line O.S.
County Road 124
Anytime
3rd Line O.S.
Highway 10
County Road 21
Anytime
4th Line O.S.
Highway 10
Highway 89
Anytime
4th Line O.S.
Highway 10
Alliston Sand and Gravel
Anytime
Entrance (East Part
Lot 9, Concession 4 OS)
5th Line O.S.
County Road 21
County Road 17
Anytime
4th Line N.E.
County Road 9
5th Line OS
Anytime
2nd Line S.W.
Highway 89
Melancthon/
Anytime
Southgate Boundary
7th Line SW
Highway 89
260 Sideroad
Anytime
260 Sideroad
Highway 10
7th Line SW
Anytime
Main Street
Horning's Mills
County Road 124
County Road 124
Anytime
5 Sideroad
4th Line OS
Mulmur-Melancthon Anytime
Townline