Fire-Route By-law No. 132-2007 (Consolidated)

Thorold, Ontario

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The following consolidated by-law is an electronic reproduction made available for convenience and information only. It is not an official or legal version of the By-law. The format may be different, and plans, pictures, other graphics or text may be missing or altered. The Municipality of The City of Thorold does not warrant the accuracy of this electronic version. Official versions of all By-laws may be obtained from the City Clerk's Department. Consolidated By-Law THE CORPORATION OF THE CITY OF THOROLD BY-LAW NO. 132-2007 A BY-LAW TO DESIGNATE PRIVATE ROADWAYS AS FIRE ROUTES ALONG WHICH NO PARKING OF VEHICLES SHALL BE PERMITTED AND WHEREAS Section 7.1 of the Fire Protection and Prevention Act, 1997, as amended, provides that by-laws may be passed by the councils of local municipalities for designating private roads as fire routes along which no parking of vehicles shall be permitted and providing for the removal and impounding of any vehicle parked or left along any of the fire routes at the expense of the owner of the vehicle. AND WHEREAS Section 170 (15) of the Highway Traffic Act, R.S.O. 1990 c.H.8, as amended, provides that a police officer, police cadet, municipal law enforcement officer or an officer appointed for the carrying out of the provisions of this Act, upon discovery of any vehicle parked or standing in contravention of subsection (12) or of a municipal by-law, may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and storage thereof, if any, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act. AND WHEREAS Section 207 (1) of the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended, provides that the owner of a vehicle may be charged with and convicted of an offence under this Act or the regulations or any municipal by-law regulating traffic 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 liable to the penalty prescribed for the offence; WHEREAS the Council of the Corporation of the City of Thorold approved the recommendations of Report PBS2007-95 at a Special Council meeting held on November 20, 2007and deems it desirable to enact a by-law to designate private roadways as fire routes. NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE CITY OF THOROLD HEREBY ENACTS AS FOLLOWS: SECTION 1 SHORT TITLE This by-law shall be known as "Fire Route By-law". SECTION 2 DEFINITIONS In this By-law: 2.1 "Authorized Emergency Vehicle" means vehicles and equipment for the prevention of fire and for the containment and suppression of fire; 2.2 "City" means the Corporation of the City of Thorold; 2.3 "Council" means the Council of the City of Thorold; 2.4 "Fire Chief" means a fire chief appointed by Council of the City of Thorold under subsection 6(1), (2) or (4) of the Fire Protection and Prevention Act, 1997, as amended. 2.5 "Fire Route" or "Fire Lane" means any private roadway, driveway or laneway designated as a fire route by this by-law. 2.6 "Highway Traffic Act" means the Highway Traffic Act, R.S.0. 1990, c.H8, as amended; Page Two Bylaw No. 132-2007 Fire Route Parking Bylaw 2.7 "Motor Vehicle" includes an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in the Highway Traffic Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car, or any 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 with the meaning of the Highway Traffic Act, as amended; 2.8 "Officer" means a police officer, peace office or by-law enforcement officer authorized to enforce the Highway Traffic Act or any municipal by-law; 2.9 "Park" or "Parking" means when prohibited, 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 of passengers; 2.10 "Private Road" means any private road, lane, ramp or other means of vehicular access to or from a building or structure and may include part of a parking lot. 2.11 "Stand" or "Standing" means when prohibited, the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers; 2.12 "Stop" or "Stopping" means when prohibited, 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 an officer or of a traffic control sign or device; 2.13 "Vehicle" means a motor vehicle, trailer, traction engine, farm tractor, road building machine, motorized snow vehicle and any vehicle drawn, propelled or driven by any kind of power including muscular power. SECTION 3 GENERAL PROVISIONS 3.1 The lands described in Schedule "A" are private roads hereby designated as fire routes along which no parking of vehicles shall be permitted. 3.2 No person shall obstruct, encumber, injure or foul up a designated fire route. 3.3 When properly worded signs have been erected and are displayed, in accordance with the provisions of this By-law, no person shall stop, stand or park any vehicle or motor vehicle, except an authorized emergency vehicle, on or partly on any fire route designated by this by-law. 3.4 Signs designating fire routes designated pursuant to this by-law shall be placed, erected and maintained by the owner of the property in accordance with the following: (a) All signs designating a fire route shall be twelve (12) inches in width and eighteen (18) inches in length, and shall display the words "No Parking" or a symbol in lieu thereof as specified in The Highway Traffic Act and the words "fire route" . (b) All signs designating a fire route shall be placed: (i) at the beginning and end of each designated fire route, and (ii) at intervals of not less than fifty(50) feet and not more than one hundred(100) feet throughout the designated fire route. Page Three Bylaw No. 132-2007 Fire Route Parking Bylaw SECTION 4 OFFENCES AND PENALTIES 4.1 Each person and/or corporation who contravenes a provision of this By-law shall: a) When given a Penalty Notice in accordance with the City of Thorold's Administrative Penalty By-law, be liable to pay to the City and Administrative Penalty in the amount specified by the Administrative Penalty By-law, for each day or part of a day on which the contravention occurs. 4.2 Where a motor vehicle is parked or left standing on the lands and premises described in Schedule "A" an Officer may, upon discovery of a motor vehicle so parked or left, may cause such motor vehicle to be moved, or taken to and placed in a suitable place and all costs and charges for removing, car and storage thereof, if any, are a lien upon such a vehicle which may be enforced in the manner provided by the Repair and Storage Liens Act. 4.. 3 Notwithstanding any other provision of this by-law, an Officer may, instead of removing the motor vehicle as provided in the Repair and Storage Liens Act, issue and attach to the vehicle a City of Thorold Parking Violation Tag. 4.4 Subsection 4.5 and Schedule B and the parts of this by-law which that Schedule relate to are designated parts of this by-law to which the City's system established by the City's Administrative Penalty By-law applies. 4.5 Each person who permits a vehicle to be parked, standing or stopped contrary to a part of this by-law to which the administrative penalty by-law applies and each owner of that vehicle are, when given a Penalty Notice in accordance with the City's Administrative Penalty By-law 71-2014, is liable to pay to the City an Administrative Penalty in the amount specified in Schedule "B" to this By-law for each day or part of a day on which the contravention continues SECTION 5 BY-LAWS REPEALED 5.1 Any and all preceding by-laws or part thereof regarding such provisions described in this by-law are hereby repealed.,_ S ECTION 6 ENACTMENT 6.1 This by-law shall come into force and effect on February 1, 2008. Section 4.1 amended through By- law 148-2019. Sections 4.3, 4.4, 4.5 and Schedule B deleted though By- law 148-2019 ♦ SCHEDULE "A" By-law 132-2007 Fire Route Parking By-law Owner of Property FIRE ROUTE PARKING Location of Property 786 Ali Limited 1578877 Ontario Inc Marsadi Layne Properties Inc Paideia Press Ltd 1251526 &1251418 Ontario Ltd (Book Depot) 1655133 Ontario Inc 1246322 Ontario Inc Niagara Institute for Human Development Gorge Holdings Inc (Pine Plaza) Trinity United Church Redville Holdings Inc Club Capri Thorold Order of Sons of Italy of Canada Gorge Holdings Inc Canadian Corps Association 64 Front Street South, P11 L1 L42 Pt L43 Pt L44 NP889 L48 Pt Twp L16 Pt Twp L17 Blk A 54 Front Street South Plan George Keefer Lot 4 PT Lots 2 & 3 Pt Lots 39 & 41 NP889 40 Front Street North Plan 11 Pt Lot 17 Lot 18 Pt Lot 19 NP 889 Pt Lots 23 to 26 NP898 RP 59R7457 Part 1 67 Front Street North PL 889 Lt 21 & Pt Us 20 22 Pt Water St & Pt of Twp Lt 9 RP 59R11673 Part 18 43 Ormond Street South Plan 889 Lot 45 Pt Lots 43 and 44 Plan 898 Lot 46 Pt Lot 47 Plan 890 Pt Lot 5 Plan 891 Pt Lots 16 and 17 2740 Merrittville Hwy Pt Twp Lot 79 1604 Merrittville Hwy Pt Twp Lot 193 RP 59R5996 Part 1 9 Pine Street North Plan George Keefer Lot 11 to Lot 20 Pt Lots 58 59 Lots 60 to 67 Pt Lots 82 to 84 NP889 15 Pine Street South Plan George Keefer Pt Lot 4 Pt Lot 5 NP889 Plan 11 Pt Lot 76 NP898 206 Richmond Street Plan M12 Pt Blk D RP 59R2055 Part 4 36 Cleveland Street Plan 11 Lots 72 73 & 74 296 Collier Road South Pt Twp Lot 32 RP 59R11735 Parts 1 & 2 RP 59R10713 Part 1 RP 59R9537 Pt Part 1 7 Clairmont Street Plan George Keefer Pt Lot 19 Pt Lot 40 NP889 Pt Lot 30 NP 890 - I SCHEDULE "A" By-law 132-2007 Fire Route Parking By-law FIRE ROUTE PARKING Owner of Property Bomofive Inc Mountainview Homes Limited (Four Points Sheraton) 2009104 Ontario Inc (Welland Mills) District School Board of Niagara (Thorold Secondary School) District School Board of Niagara (Ontario School) District School Board of Niagara (Richmond Street School) District School Board of Niagara (Westmount School) District School Board of Niagara (Prince of Wales School) Niagara Catholic district School Board (Monsignor Clancy) Niagara Catholic district School Board (St Charles School) Niagara Regional Municipality (Regional Headquarters) Niagara Regional Municipality (Environmental Services) City of Thorold (City Hall) City of Thorold (Arena) City of Thorold (Keefer Mansion) Location of Property 46 Front Street South CP 11 Pt Lot 6 Pt Lot 7 NP889 3530 Schmon Parkway Plan 59M131 Pt Lots 1 & 2 RP 59R7291 Parts 3 & 10 20 Pine Street North Plan 898 Pt Lot 31A Lots 32 33 91 Pt Twp Lot 17 RP 59R11844 Pts 1 to 7 and 17 250 Ormond Street North Plan 11 Blk L Blk M Pt Blk J Pt Blk K NP898 550 Allanburg Road Pt Twp Lot 70 153 Richmond Street Pt Twp Lot 32 73 Ann Street Plan 11 Pt Lot 19 40 Pine Street South Plan 11 Lot 214 Lot L Pt Lot 6 Pt Lot 55 Pt Lot 215 41 Collier Road South Pt Twp Lot 20 25 Whyte Avenue North Plan 28 Lot 71 NP898 2201 St Davids Road Pt Twp Lot 38 Pt Twp Lot 39 Pt B F Schmon Parkway Plan 59M131 Lot 21 3540 Schmon Parkway Plan 59M131 Pt Lot 1 59R7291 Part 2 70 Front Street North Plan 11 Blk 22 Lot 47 to Lot 51 Lot 55 Lot 56 Pt Lot 52 Town Plot Pt Lot 54 14 St David Street West Plan 11 Pt Blk 11 NP898 Plan 1890 Pt Lot 5 NP912 #. SCHEDULE "B" Administrative Penalties By-law 132-2007 Fire Route Parking By-law Item Column 2 Designated Provisions Column 1 Short Form Wording Column 3 Administrative Penalty 1. 3.1 Stop/Stand/Park in a designated fire route $75.00 Schedule "B" deleted through By- law 148-2019.