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THE CORPORATION OF THE ClTY OF QUINTE WEST
BY-LAW NUMBER 00-143
BEING A BY-LAW TO REGULATE THE
TRANSPORTATION OF OVERSIZED LOADS ON
HIGHWAYS WITHIN THE ClTY OF QUINTE WEST
WHEREAS the Council of the Corporation of the City of Quinte West
deems it in the public interest to regulate the moving and transportation of Oversized
Loads on highways within the City of Quinte West;
AND WHEREAS pursuant to Section 210 (123) and Section 314(1) of
The Municipal Act, R.S.O. 1990, c. M.45 as amended, a Council may regulate traffic on
its highways and prohibit or regulate the obstructing, encumbering, injuring of highways
or bridges within its corporate limits;
AND WHEREAS Section 110(1) of the Highway traffic Act, R.S.O. 1990,
c. H.8, as amended, authorizes a Municipal Corporation to grant permits for the moving
of heavy vehicles, loads, objects or structures in excess of the weight limits and/or the
dimensional limits as set out in the said Highway Traffic Act;
NOW THEREFORE the Municipal Council of the Corporation of the City
of Quinte West enacts as follows:
1.
This By-law shall be entitled "The Oversized Loads Permit By-law".
2.
"Director of Public Works" means the Director of Public Works for the City of
Quinte West.
3.
In this By-law;
(a)
"Applicant" means a person that is the owner or lessee of a vehicle used
or to be used to move or transport any Oversized Load on any highway
within the City of Quinte West and may include the owner's or lessee's
agent duly authorized as such by the owner or lessee in writing;
(b)
"Director of Public Works" means the Director of Public Works for the
Corporation of the City of Quinte West.
(c)
"Council" means the Municipal Council of the Corporation of the City of
Quinte West;
(d)
"Dimensional Limits" shall mean those limits as to width, length and
height of vehicle loads or contents as set out in Section 109 of The
Highway Traffic Act, R.S.O. 1990, c. H.8, as amended;
(e)
"Highway" shall mean any road, road allowance, street, lane or other
public thoroughfare under the jurisdiction of the City of Quinte West;
(9
"Person" shall include an individual, firm, society, joint venture,
partnership, association or corporation and the legal representative of
such;
(g)
"Permit" shall mean a permit issued pursuant to this By-law;
(h)
"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, including muscular power but does not include any motor
vehicles and/or road building machines operated by or on behalf of the
City of Quinte West or any other governmental authority having
jurisdiction and control of a highway within the boundaries of the City of
Quinte West if such vehicles are engaged in road maintenance or repair
including the removal of snow;
.
I
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4.
(a)
No person shall move or transport any Oversized Load on any
highway within the City of Quinte West without a Permit first being
issued for such purpose by the Director of Public Works pursuant
to this By-law.
(b)
No owner or lessee of a vehicle shall allow or permit the said vehicle to
be used for the movement or transportation of any Oversized Load on
any highway within the City of Quinte West without a Permit first being
issued for such purpose by the Director of Public Works pursuant to this
By-law.
5.
The duties of the Director of Public Works under this By-law are:
(a)
To furnish application forms to all applicants for Permits to move or
transport an Oversized Load on any highway within the City of Quinte
West and to provide each applicant with a copy of this By-law;
(b)
To receive and process all applications for a Permit to move or transport
an Oversized Load on any highway within the City of Quinte West;
(c)
To receive all fees for applications for Permits to move or transport an
Oversized Load on any highway within the City of Quinte West and to
account for same to Council;
(d)
To issue Permits to move or transport an Oversized Load on a highway
within the City of Quinte West to persons in situations which meet the
requirements of this By-law;
(e)
To enforce the provisions of this By-law; and
(f)
To report to Council with respect to the performances of his or her
administrative duties under this By-law as requested to do so from time to
time.
6.
The duties of the Director of Public Works under this By-law may be performed
by any member of the Public Works Department for the City of Quinte West as
designated in writing by the Director of Public Works.
7.
Each person who applies for a Permit to move or transport an Oversized Load on
any highway with the City of Quinte West shall:
(a)
Properly complete an application for a Permit in the form prescribed by
the City of Quinte West.
(b)
Submit to the Director of Public Works the completed application form
with the applicable application fee payable to the City of Quinte West;
(c)
Provide to the Director of Public Works, as part of the application, a letter
from an insurance company satisfactory to the City of Quinte West and
duly authorized by law to underwrite public liability and property damage
insurance addressed to the City of Quinte West certifying that the
applicant has property damage and public liability insurance in an amount
not less than Two Million Dollars ($2,000,000.00);
(d)
Sign an Indemnity (in a form satisfactory to the City of Quinte West) prior
to the issuance of the Permit wherein the applicant agrees to indemnify
and save harmless the City of Quinte West from and against all actions,
causes of action, losses, damages, liens, suits, judgements, orders,
awards, claims and/or demands whatsoever, whether the same shall be
with or without merit and from all costs and/or expenses which the City of
Quinte West may incur (including without limiting the generality of the
foregoing, the costs of defending or settling any such action, causes of
action, suits, claims or demands) which arise either directly or indirectly,
by reason of or as a consequence of, or in any way related to the moving
or transporting of the Oversized Load whether caused by the applicant or
any employee, workman, agent or servant of the Applicant;
- Page Three -
(e)
Provide to the Director of Public Works a Schedule setting out the specific
date and time during which the Oversized Load shall be moved or
transported within the City of Quinte West;
(f)
Provide to the Director of Public Works the exact route to be followed in
the movement or transportation of the Oversized Load within the City of
Quinte West;
(g)
A deposit may be required in cash or by certified cheque, in an amount to
be established by the Director of Public Works in hislher sole discretion,
prior to the issuance of the Permit to be applied towards any expenses
that may be incurred by the City of Quinte West as a result of the
movement or transportation of the Oversized Load and/or the application
for the permit. The said deposit or the balance thereof, if any, remaining
after the deduction of any costs and/or expenses incurred by the City of
Quinte West as aforesaid, shall be returned to the applicant; and
(h)
Obtain the written consent of the following persons and agencies, where
applicable (as determined in the sole discretion by the Director of Public
works);
1)
Director of Fire Services for the City of Quinte West;
2)
Director of Police Services for the City of Quinte West;
3)
Bell Canada;
4)
Ontario Hydro;
5)
Ministry of Transportation (if applicable);
6)
Canadian National Railway and Canadian Pacific Railway;
7)
Cable Television Company;
8)
Any other government agency having jurisdiction or an interest
that could be affected by the movement or transportation of the
Oversized Load.
8.
When an application for a Permit is made in accordance with the provisions of
this By-law and the applicant meets all of the requirements of this By-law, the
Director of Public Works shall issue a Permit.
9.
The person moving or transporting the Oversized Load on a highway in the City
of Quinte West shall carry on the work in such a manner as to create the least
interference with traffic and shall use proper precautions during such moving
operations.
10.
No person shall be permitted to move or transport any Oversized Load on any
highway within the City of Quinte West on any Saturday, Sunday or Statutory
Holiday unless the prior written permission of the Director of Public Works is
obtained.
11.
Any permit issued pursuant to the provisions of this By-law shall be valid for and
only for the specific date, time and route specified therein.
12.
Nothing in this By-law shall be deemed to restrict the responsibility and liability of
the applicant for any and all costs andlor damages that may be caused to the
Highway and/or any other public or private property by reason of or as a
consequence of the moving andlor the transporting of the Oversized Load.
13.
Every Permit issued pursuant to this By-law shall be carried in the vehicle used in
the moving or transporting of the Oversized ~ o a d
and shall be produced forthwith
upon demand by a police officer or any officer appointed for carryiug out the
provisions of the Highway Traffic Act.
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14.
Schedules A and B attached hereto are deemed to be a part of this By-law to the
same extent and effect as if incorporated herein.
15.
(a)
Every person who contravenes any provision of this By-law shall, upon
conviction, be guilty of an offence and subject to such penalties as are
prescribed under the Provincial Offences Act, R.S.O. 1990, c. P.33, as
amended from time to time.
(b)
In addition to the foregoing, if any provision of this By-law contravened is
in respect of any weight allowed under the permit, a fine shall be imposed
as if the person had not been issued a permit under this By-law and had
been convicted of an offence under Section 116, 1 17 and 188 of The
Highway Traffic Act in respect of any gross vehicle weight, axle unit
weight or axle group weight in excess of the maximum allowable weights
permitted under The Highway Traffic Act or the regulations thereunder.
16.
If any provision or requirement of this By-law or the application thereof to any
person shall to any extent be held to be invalid or unenforceable, the remainder
of this By-law or the application of such provision or requirement to all persons
other than those to which it is held to be invalid or unenforceable, shall not be
affected thereby and it is hereby declared to be the intention of Council that each
provision and requirement of this By-law shall be separately valid and
enforceable to the fullest extent permitted by law.
17.
In this By-law, words importing the singular shall include the plural and words
importing the masculine gender shall include the feminine and neuter gender and
vice versa.
18.
This By-law shall come into force and take effect upon final passing hereof.
THIS BY-LAW READ A FIRST, SECOND AND 'THIRD 'TIME and finally passed this 18th
day of December, 2000.
'
i i i 1 , -
'SCHEDULE A"
APPLICATION FOR PERMIT TO MOVE OVERSIZED LOADS WITHIN
THE MUNICIPAL LIMITS OF THE CITY OF QUINTE WEST
APPLICATION NO.
NAME OF APPLICANT:
ADDRESS:
PHONE:
NAME OF OWNER OF OVERSIZED
LOAD TO BE MOVED:
ADDRESS:
PHONE:
1.
DESCRIPTION OF OVERSIZED LOAD
MAX. WIDTH LOADED
MAX. HEIGHT LOADED
MAX. LENGTH LOADED
MAX. WEIGHT LOADED
2.
PRESENT LOCATION:
4.
PROPOSED ROUTE: (Applicant to attach schedule describing in detail the exact route
to be followed in moving the oversized load.)
5.
Type of Permit
-
one month
six month
annual
6.
MOVING EQUIPMENT
(Properly licensed motor vehicle & trailer)
7.
APPROVALS: (Obtain where applicable and attach copies of approvals)
(A)
BY BELL CANADA
(B)
BY ONTARIO HYDRO
(C)
BY MINISTRY OF TRANSPORTATION
(D)
BY RAILWAY COMPANIES
- CNR
; -CPR
BY CABLE T.V. CO.
DIRECTOR OF POLICE SERVICES
DIRECTOR OF FIRE SERVICES
OTHER
8.
AGREEMENTS: In making this Application for a permit to move an oversized load, I agree:
(A)
To notify all the necessary authorities of the exact time of moving and to adhere to the
approved route for such moving;
(B)
That the City of Quinte West reserves the right to change the hours of moving within a
minimum of 24 hours notice:
(C)
That the City of Quinte West reserves the right to cancel the permit within a minimum of
24 hours notice;
(D)
To notify the Director of Public Works for the City of Quinte West and all other authorities
of any proposed change in date and/or time of moving within a minimum of 24 hours
notice, and any change must have the prior approval of the Director of Public Works and
all other authorities.
To indemnify and save harmless the City of Quinte West from and against all actions,
causes of action, losses, damages, liens, suits, judgements, orders, awards, claims andlor
demands whatsoever (whether the same shall be with or without merit) and from all costs
and/or expenses which the City of Quinte West may incur (including without limiting the
generality of the foregoing, the costs of defending or settling any such action, causes of
action, suits, claims or demands) which arise either directly or indirectly, by reason of or
as a consequence, of, or in any way related to the moving or transporting of an oversized
load whether caused by the Applicant or any employee, workman, agent or servant of the
Applicant;
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Page Two -
(F)
To provide to the Director of Public Works, prior to the issuance of a permit pursuant to
this Application, a letter from an insurance company satisfactory to the City of Quinte West
and duly authorized by law to underwrite public liability and property damage insurance
addressed to the City of Quinte West certifying that the Applicant has property damage
and public liability insurance in a an amount not less than Two Million Dollars.
The applicant certifies that helshelthey have read and are familiar with the City of Quinte West By-
law number 00-143, and the Highway Traffic Act and applicable regulations as they pertain to
vehicle loads, weights and dimensions, and that they will comply with all requirements of the By-
law, the Act and the regulations.
Dated at
this
day of
,20-.
Witness
Signature of Applicant
Permit Fee: $
Approved:
Director or Deputy Director of Public Works
Date
Expiration Date of Permit
NOTE: Signature from above authorities is sufficient except in cases where there are special
conditions in which approvals are to be in writing.
'SCHEDULE B"
FEE SCHEDULE FOR PERMIT TO MOVE OVERSIZED LOADS WITHIN
THE MUNICIPAL LIMITS OF THE c l n OF QUINTE WEST
$50.00 - PERMIT VALID FOR ONE MONTH
$100.00 - PERMIT VALID FOR SIX MONTHS
$200.00 - PERMIT VALID FOR ONE YEAR.