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HomeMy WebLinkAbout78-25 . '. ?l- "'----~'~ .. ~. . . . .. ..- THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW NO. 78-25 being a by-law to prohibit the parking or leaving of motor vehicles on private and municipal property without authority BE IT ENACTED AND IT IS HEREBY ENACTED as a by-law of The Corpora tion of the Town of Newcastle by the Council thereof as follows: 1. In this by-law; (a) ,"Motor vehicle" includes an automobile, motorcycle, farm tractor and any other vehicle propelled or driven otherwise than by muscular power whether or not at any relevant time such Motor Vehicle is mechanically capable of being so propelled or driven, and it includes a trailer, traction engine, road building machine and self-propelled instrument of husbandry. / (b) "private property" means (i) property on which one or more signs have been erected by or on behalf of the owner or occupant prohibiting trespassing or parking or restricting parking as set ~ut thereon, '{J (ii) a private road or driveway but does not include"municipal property" as hereinafter defined. (c) "municipal property" means property of the Corporation of the Town of Newcastle or any local board thereof. 2. No person shall park or leave any motor vehicle on privat~roperty -~~- ....~ without authority from the owner or occupant of such property. 3. Upon the complaint in writing of the occupant or any adult resident of any private property upon which a motor vehicle is parked or left without the authority of the owner or occupant of such property, a constable or officer appointed for the carrying out of the provisions of The Highway Traffic Act may, upon discovery of a motor vehicle so parked or left, cause such vehicle to be moved or taken to and placed 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 section 48 of The Mechanics' Lien Act. 4. No person shall park or leave any motor vehicle on any municipal property where, by means of one or more signes, it is indicated that such parking or leaving is not authorized. /' .~ ') , . . . By-Law 78-25 - 2 - 5. A constable or officer ap~ointed for the carrying out of the provisions of The Highway Traffic Act may, upon discovery of a motor vehicle parked or left contrary to section 4, cause such vehicle to be moved or taken to and placed 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 section 48 of The Mechanics' Lien Act. 6. Any person violating the provisions of this by-law shall be subject to a penalty of not more than $50.00 for (a,~h offence exclusive of costs. 7. (a) The driver of a motor vehicle, not being the owner, is liable to any penalty provided under this by-law, and the owner of the motor vehicle is also liable to such penalty unless at the time the offence was committed, the motor vehicle was in possession of a person other than the owner or his chauffeur without the owner's consent. (b) The driver or owner of a motor vehicle parked or left on private property shall not be liable to a penalty or to l.ave the motor vehicle removed from such property or impounded under this by-law, except upon the written complaint of the occupant or any adult resident of the property. (c) A peace officer, a constable, an officer appoint~d for the carrying out of the provisions of The Highway Traffic Act and anyofficer appointed for the enforcement of by-laws in the Town of Newcastle may issue and attach to a vehicle a Durham Regional Police parking violation tag alleging that the provisions of this by-law have been contravened. 8. Notwithstanding all other provisions of this by-law, any person may upon presentation of a parking violation tag issued under this by-law, payout of Court within five days from the dste of issue of the said tag, exclusive of Saturdays, Sundays, and holidays, the sum of $5.00, and upon such payment no further proceedings shall be taken under this by-law in respect of the said offence alleged in the parking violation tag~ 9. If payment is not made as provided in Section 8, the provisions of The Summary Convictions Act and the penalty provided for in Section 6 apply. 10. The Provisions of this By-law shall he=eafter apply to all lands now within the Town of Newcastle. READ A FIRST, SECOND AND THIRD TIME and finally passed this 10th day of April, 1978. SEAL G. B. Rickard ,^-~ Mayor J.M.McIlro Clerk ...~ . . . . '" , ,....) -.. . r CO~WLAINT RE:- VEHICLE ON PRIVATE PROPERTY BY-LAW NO. 78-25 I, ......................."..".".".""""""..,, being the owner or agent of the property located at .......................... in the Town of Newcastle, complained to Constable........... that vehicle, License No. ....................... parked on the said property without authority contrary to Paragraph 2, of By-Law 78-25. TIME. . . . . . . . . . . . . A. M . /P . M. DA TE 1 " " " " " " " " " . " " . . " " ,,19 ."..