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Corporation of the Town of Moosonee
BY-LAW No. 23-06
Being a By-law to repeal Tractor Train
Route By-Law No. 21-95 and to enact a
new Commercial Vehicle Route for the
Town of Moosonee.
WHEREAS pursuant to the provision of the Municipal Act, R.S.O. 2001, the
municipality wishes to repeal By-Law #21-95 being a By-Law to establish "tractor train"
Routes, and replace it with a new By-law regulating Commercial Vehicle Routes in The
Corporation of the Town of Moosonee;
BE IT THEREFORE ENACTED by Mayor and Council of the Corporation of the
Town of Moosonee, as follows:
1. DEFINITIONS: Definitions for the purpose of this By-Law are as follows:
a)
"By-law Enforcement Officer" means a By-law Enforcement Officer
appointed by The Corporation of the Town of Moosonee or any other person
appointed to enforce the whole or part of this by-law;
b)
"Town" means The Corporation of the Town of Moosonee;
c)
"Commercial Vehicle" means a motor vehicle having permanently attached
thereto a truck or delivery body and includes ambulances, hearses, fire
apparatus, buses and tractors used for hauling purposes on the highways;
d)
"Council" means the Council of The Corporation of the Town of Moosonee;
e)
"driver" means a person who operates a vehicle on a highway;
f)
"gross weight" means the combined weight of vehicle and load;
g)
"heavy truck" means a commercial motor vehicle but not including a school
bus or tour bus, but including vehicles having a gross vehicle weight, two (2)
tonnes or greater for the purposes of this By-law;
h)
"highway" includes a common and public highway, street, avenue, parkway,
driveway, road, square, place, bridge, viaduct or trestle, 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;
i)
"motor vehicle" includes an automobile, motorcycle, motor assisted bicycle,
and any other vehicle propelled or driven otherwise than by muscular power,
but does not include a street car, or other motor vehicles running only upon
rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled
implement of husbandry or road-building machine within the meaning of the
Highway Traffic Act;
j)
"private road or private driveway" means any private road, lane, ramp or other
means for vehicular access to and from a lot, building or structure and, may
include part of a parking lot;
k)
"roadway" means that part of the highway that is improved, designed or
ordinarily used for vehicular traffic, but does not include the shoulder, and
where a highway includes two or more separate roadways, the term roadway"
refers to any one roadway separately and not to all of the roadways
collectively;
l)
"stop" or "stopping", when prohibited, means the halting of a vehicle, even
momentarily, whether occupied or not, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a police
officer or a traffic control sign;
m)
"through highway" means a highway or part of a highway designated as such
by the Minister of Transportation or by By-law of the Town, and, every such
highway shall be marked by a stop sign or yield sign right-of-way sign in
compliance with the Regulations of the Ministry;
By-Law #.23-06
Page 2
2. The Corporation of the Town of Moosonee shall have the sole discretion to designate
any vehicle as a "commercial vehicle" and that such vehicle so designed by The
Corporation of the Town Of Moosonee shall be subject to the regulations set out in
this By-Law.
3. The Corporation of The Town Of Moosonee hereby designates portions of highways
set out in Schedule "A" attached hereto as "commercial vehicle" routes, seasonally as
required.
4. The Corporation of The Town Of Moosonee hereby restricts the passage of heavy
trucks and/or commercial vehicles on Revillon Road between First Street and Fifth
Street to deter further damage to the slumping Moose River Shoreline.
5. The Corporation of The Town Of Moosonee shall have the sole discretion to amend
Schedule "A" by either deleting, adding, or amending such highways as the Town
may consider appropriate by way of resolution only and such notice of amendment
shall be made public by advertisement through normal community means and such
notice shall be deemed as good and valid advertisement to all persons.
6. Any person contravening this By-Law and thereby causing damage to the highways
or surrounding lands including the Moose River shoreline, shall be liable for all
damages caused by the inappropriate use of the said highways and the resulting
contravention of this By-Law.
7. PENALTIES: Every person who contravenes any provision of this by-law is guilty
of an offence and is liable, upon conviction, to a fine not exceeding Five Thousand
($5,000.00) Dollars exclusive of costs, for each offence, recoverable under the
Provincial Offences Act. The owner of a motor vehicle may be charged with and
convicted of an offence for contravention of any provision of this by-law for which
the driver of the vehicle is subject to be charged unless, at the time of the offence, the
vehicle was in the possession of some person other than the owner without the
owner's consent, and on conviction the owner is obligated to the penalties prescribed
for the offence.
8. EMERGENCIES: Emergency Services may erect emergency no parking signs in the
event of fires, emergencies, parades or large assemblies and shall remove such signs
within one hour of the event.
9. NO PARKING HEAVY TRUCK OR COMMERCIAL VEHICLE: No person
shall park a heavy truck on any highway in a residential zone. The provisions do not
apply to a motor vehicle carrying passengers and goods to and from premises which
cannot be reached by highway except by way of a highway or portion thereof referred
to in this section and do not apply to a commercial vehicle which attends at a
residential premise within the prohibited area for the purpose of delivering or
servicing or a property and is parked for a temporary period only.
10. EXEMPTIONS: Where compliance herewith would be impracticable, the provisions
set out above shall not apply to:
a) ambulance, police or fire department vehicles, public emergency vehicles;
b) vehicles actually engaged in works undertaken for or on behalf of the City;
c) vehicles contracted to provide snow removal services providing the snow is
removed and deposited in the designated Snow Deposit Area.
11.This by-law shall come into effect immediately upon Third Reading.
By-Law #.23-06
Page 3
READ a first and second time
this 25th day of April 2006.
Original Signed and Sealed
______________________________
Mayor - Wayne Taipale
Original Signed and Sealed
______________________________
Deputy Clerk - Nathalie G. Forget
READ a third time and finally passed
this 25th day of April 2006.
Original Signed and Sealed
_____________________________
Mayor - Wayne Taipale
Original Signed and Sealed
______________________________
Deputy Clerk - Nathalie G. Forget
By-Law #.23-06
Page 4
Schedule "A"
1.
Commercial Vehicles and Heavy Trucks are at all times restricted from traveling on
Revillon Road from First Street to Fifth Street to deter further damage to the
slumping Moose River Shoreline
2.
Designated Commercial Vehicle Routes during winter months when the Ice Road is
the entry/exit point to the Town, the following Roads shall be utilized wherever
possible:
Labelle's Hill Ferguson Road David Wynne Drive James Bay
Winter Road Truckers By-Pass Road Arena Road Industrial
Parkway (future) Percy's Way Quarry Road
3.
Designated Commercial Vehicle Routes for the remainder of the year should utilize
the following roads wherever possible:
- Utilize the Atim Road Bridge when accessing the South portion of the
Town, not the Ferguson Road Bridge.
- Ferguson Road
- David Wynne Drive
- Industrial Parkway (future)
- Atim Road
- Percy's Road
- Quarry Road