HomeMy WebLinkAboutCD-42-88 4 TOWN OF NEWCASTLE
Jf REPORT File # 7 J"
Res. #
By-Law #
MEETING: General Purpose and Administration Committee
DATE: Tuesday, September 6, 1988
REPORT #: CD-42-88 FILE #: 77.34.3
SUB.ECT: PROVINCIAL OFFENCES ACT
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
(1) That this report be received; and,
(2) That the attached by-laws be forwarded to Council for passage.
BACKGROUND AND COMMENT:
As you are aware , Council at its meeting held on July 28, 1988, passed By-law #88-113,
the same being a by-law declaring that Part II of the Provincial Offences Act apply in
respect of parking infractions under by-laws in the municipality.
Said "Opting-in" by-law was then forwarded, together with a certified copy of by-law #79-1,
to the Ministry of the Attorney General for review by the Chief Judge of the Provincial
Offences Court. It was our hope that By-law #79-1 would pass scrutiny and that the
Town of Newcastle would be included in the Act effective November 1, 1988. The Chief
Judge however, in his review, found said by-law to contain serious shortcomings relating
directly to the penalty section and its lack of definition concerning out of court
settlement. The Chief Judge had further difficulty with the wording of the existing
fine structure.
Based on the foregoing, the author of this report has produced an entirely new penalty
section and before you is a document which, it is believed, addresses those concerns
previously mentioned.
2/
I
G.P.A. #CD-42-88 (cont' d) - 2 - September 6, 1988.
In response to many queries from the handicapped community, I have also taken the
liberty of addressing this issue before re-submitting the package to the Ministry.
I have obtained from Council for the Ministry a new "opting-in" date for the Town,
that being January 1, 1989. If we are to meet this date, our material must be in
Ministry hands by the middle of September. It is therefore imperative that the
attached by-laws receive passage on September 12, 1988.
Respectfully stbmitted, Recommended for Presentation
to the Committee
BrianP;� Irwi Lawrence E. o eff,
By-law Enforcement Officer. Chief Admin'st tive Officer.
BPI/df
THE CORPORATION Of THE TOWN OF NEWCASTLE
.i BY-LAW 88-
iit
< being a by-law declaring that Part 11 of the
Provincial Offences Act, R.S.O. 1980, Chapter
400, as amended, applies in respect of parking i
Infractions under by-laws in the municipality t
s �
S
WHEREAS by-laws may be passed by the Councils of municipalities
pursuant to the Provincial Offences Act R.S.O. 1980, Chapter 400,
Y, as amended, in respect of parking infractions under by-laws in the
municipality.
t
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE
1 HEREBY ENACTS AS FOLLOWS:
I
1. THAT Part 11 of the Provincial Offences Act R.S.O. 1980,
Chapter 400, as amended, applies in respect of all parking
infractions under by-laws, as amended, in the Town of
Newcastle in the Judicial District of Durham.
2. THAT this by-law shall come into force and effect on
January 1, 1989, subject to the approval of the Lieutenant
Governor in Council.
3. THAT By-law Number 88-113, of the Town of Newcastle, is
hereby repealed.
i
!
By-law read a first and second time this 12th day of September 1988
By-law read a third time and finally passed this 12th day of September 1988
I
I
Mayor
i;
Clerk
!
i
y.
i'
i'
}i t
THE CORPORATION OF THE TOWN OF NEWCASTLE
BY-LAW 88-
�
being a by-law to amend By-law 79-11 being a `
by-law to provide for the regulation of parking,
standing and stopping on highways under the
jurisdiction of the Corporation of the Town
of Newcastle
WHEREAS the Council of the Corporation of the Town of Newcastle deems it desirable
to amend By-law 79-1j
} . NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWN OF NEWCASTLE ENACTS AS
FOLLOWS: _
SECTION I }
DEFINITIONS
(z) 'Handicapped Parking Space' means a parking space with a minimum width of 3.6m,
designed solely for the use of the handicapped by a sign indicating the
internationally recognized handicapped symbol.
SECTION III
GENERAL STOPPING AND PARKING REGULATIONS
8(f) Within a parking space designed solely for the use of the handicapped.
i
SECTION XV
PENALTIES
1) Every person who contravenes any of the stopping, parking or standing
provisions of this by-law is guilty of an offence and upon conviction
is liable to a fine of not more than $150.00, exclusive of costs,
recoverable under the Provincial Offences Act,
I!
2) Notwithstanding the provisions of Subsection (1), any person may, upon
presentation of a parking infraction notice issued by the Chief of Police
.I or his designate or a Municipal Law Enforcement Officer, alleging commission
of a stopping, parking or standing offence, pay out of court within 7 days
: from the date of issue of said parking infraction notice, the early payment
penalty set out in Section XV(3) of this by-law, and upon such payment, no
further proceedings shall be taken in respect of the said parking infraction
notice.
I
(3) EARLY PAYMENT PENALTIES
(a) For any stopping offence $ 20.00
(b) For any standing offence $ 20.00 .
, + (c) For any parking offence involving
a handicapped parking space $100.00
(d) For parking in a fire route $ 30.00
(e) For parking on a snow route during
i, a snow emergency $ 30.00
(f) For all other parking offences $ 15.00
a (g) For parking at an expired meter $ 5.00
(4) For the purposes of this by-law, where a number plate issued pursuant to the
Highway Traffic Act is exposed on a vehicle, the holder of the permit j
corresponding thereto, shall be deemed to be the owner of that vehicle,
and if said vehicle is stopped, parked or standing in contravention of
this by-law, the owner shall be guilty of an offence, unless he can prove f
to the satisfaction of the court, that the number plate was exposed thereon
without his consent, express or implied.
(5) A Police Officer, or Municipal law Enforcement Officer appointed for carrying
out the provisions of this by-law, upon discovery of any vehicle stopped,
' standing or parked in contravention of this by-law, may cause said vehicle
to be moved or taken to 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 Mechanic's Lien
Act, R.S.O. 1980, C. 198, as amended.
)
7'
By-law uu j
(6) By-law 1463 of the former Townmship of Clarke; By-law 2315 of the Former
Township of Darlington; Hy-laws 67-32, 68-47, 71-41, 72-16, 73-33; Hy-laws ,
1784, 1850, 1935, and 1992 of the former 'town of Bowmdnville, By-laws 69-17,
73-12, By-law 803 of the former Village of Newcastle; By-laws 3 and 4 of
th,! former Police Village of Orono; By-laws 75-18, 75-45, 75-60, 75-63,
75-100, 7h-30, 76-34, 76-68, 77-24, 77-71, 77-95, 78-25, 78-29, 78-3',,
78 it), and '18-92 of the 'lbwn of Newcastle and any other incousislent by-laws
insofar ds they apply to Highways now under the jurisdiction of the Corporation
j i of the Town of Newcastle, are hereby repealed,
lj a
ti
By-law read a first and second time this 12th day of September 1988
Y
By-law read a a third time and finally passed this 12th day of September 1988
1
a
i
Mayor
i
!_... Deputy Clerk
i
l
i
I
i
1
{
1
f
t
I