THE
CORPORATION OF THE TOWNSHIP OF MACHAR
BY-LAW
NO. 17-12
Being a by-law to control the use of open and unopened road allowances for any commercial
use, including logging and log hauling purposes in the Township of Machar.
WHEREAS the Corporation
of the Township of Machar deems it necessary to control the use of open and
unopened road allowances within the boundaries of the said Corporation for the purpose
of commercial use, including logging and log hauling;
NOW THEREFORE the Council of the Corporation of the Township of Machar enacts as
follows:
1. Definitions
In this By-law:
1.1 "Contractor(s)" means
any person, company or firm engaged in providing labour,
equipment, materials or any other
work or materials as necessary to complete the work
described;
1.2 "Letter of
Credit" means a written commitment issued by a certified financial
institution;
1.3 "Liability
Insurance" means a certified copy of a policy of insurance or a
certificate of insurance issued by a company authorized to carry on the
business of insurance in the
Province of Ontario in accordance
with the Insurance Act, R.S.O. 1990, cI.8 as amended,
that shows the proof of liability
coverage as required;
1.4 "Obstruction" means
to hinder, interfere with or otherwise obstruct, either directly or indirectly,
an officer, employee of the Township and/or agent in the lawful exercise or
power or duty under this By-law;
1.5 Officer means a
person or persons appointed or designated as such by the Council of the Corporation
of the Township of Machar;
1.6 "Owner" includes:
(a) The person for the time being
managing or receiving the rent of the land or premises in connection with which
the word is used, whether on the person's own account or as agent or trustee of
any other person, or who would so receive the rent if such land and premises were
let, and;
(b) A lessee or occupant of the
property who, under the terms of a lease, is required to repair and maintain
the property.
1.7 Remedial Action" means
repaired or upgraded to "Township of Machar Standards means the
standards that are set by the Municipality and the Ontario Provincial Standards
Specifications; Township of Machar Standards shall take precedence over the Ontario
Provincial Standards Specifications;
1.8 Road Allowance(s) means
all road allowances made by the Crown surveyors that
are located in municipalities and
all road allowances, highways, streets and lanes shown
on a registered plan of
subdivision;
1.9 "Superintendent means
the Superintendent of Public Works, their designate or other authorized representative;
2.0 Unauthorized
Use
2.1 Unauthorized use of minimum
and non-maintained roads or road allowances for any
commercial use, including hauling
and or storage of logs is prohibited.
3.0 Temporary
Use
3.1 The Municipality may grant
authority for the temporary use of minimum, non-maintained roads or road
allowances. No person shall access minimum, non-maintained roads or road
allowances without meeting the following requirements:
a) written request or application
submitted to the Superintendent of Public Works;
b) an acceptable "Letter of
Credit" provided in the amount of $3,000.00;
c) liability insurance in favour
of the Corporation in the amount of Five-Million
Dollars ($5,000,000.00);
3.2 Contractor/Owner shall ensure
the removal of all brush and debris and repair any damages to the 66 foot road
allowance and leave same in a neat and tidy condition.
4.0 Remediation
4.1 Where the owner is in default
of doing any matter or thing directed or required to be
done under this By-law, an
officer may direct the completion of such at the owner's
expense.
4.2 Where any matters or things
are removed in accordance with subsection 4.1, such
matters or things may be
immediately disposed of by the Officer.
4.3 The Township may recover the
remedial action cost incurred under subsection 4.01 by action, or by adding
them to the tax roll and collecting them in the same manner as taxes in
accordance with Section 446 of the Municipal Act.
4.4 The Township may, prior to
recovering costs incurred in subsection 4.01 pursuant to Section 446 (3) of the
Municipal Act by adding costs to the Municipal taxes, invoice owners requesting
voluntary payment of said remedial action costs.
5.0 Offences
5.1 Every person who is convicted
of an offence under this by-law shall be subject to a fine of not more than
Five Thousand Dollars ($5,000.00) for each offence. Such fines shall be recoverable
under the Provincial Offences Act, R.S.O. 1990, Chapter P.33, as amended.
6.0 Penalties
6.1 The provisions of this By-law
may be enforced pursuant to the provisions of the
Provincial Offences Act, R.S.O.
1990, P.33 as amended, and where any provision of this
By-law is contravened and a
conviction entered, in addition to any other remedy and to
any other penalty may also be
prohibited from continuing or repeating the offence in
accordance with the provisions of
s 444 of the Municipal Act S.O. 2001, c.25, as
amended.
6.2 Every person who is guilty of
an offence under this By-law may, if permitted under the Provincial Offences
Act RSO 1990, c. P.33, as amended, pay a set fine, and the Chief Judge of the
Ontario Court, Provincial Division, shall be requested to establish set fines as
set out in Schedule 'A' to this By-Law.
7.0 Obstruction
7.1 In accordance with the
provisions of the Municipal Act S.O. 2001, c.25, as amended,
Section 426(1), no person shall
hinder, interfere with or otherwise obstruct, either
directly or indirectly, an
officer, employee of the Township and/or agent in the lawful
exercise or power or duty under
this By-law.
8.0 Township Not
Liable
8.1 The Township assumes no
liability for property damage or personal injury resulting from remedial action
or remedial work undertaken with respect to any person or property that is
subject of this By-law.
Contractors and or Owners agree
to indemnify and save the Municipality harmless from
and against all claims, demands,
damages, costs, losses, charges and expenses which
the Corporation may incur or be
liable for in consequence of any claim or demands arising from the use of the
passage over, along and upon the said roadway.
9.0 Validity and
Severability
9.1 Should any section,
subsection, clause, paragraph or provision of this By-law be declared by a
Court of competent jurisdiction to be invalid or unenforceable, the same shall
not affect the validity of the enforceability of any other provision of this
By-law, or of the By-law as a whole.
10.0 Separate
Offence
10.1 For the purpose of this By-law,
each day of a continued offence shall be deemed to be a separate offence.
11.0 Short Title
11.1 This By-law may be cited as
the Logging By-law of the Corporation of the Township of Machar.
READ
a FIRST & SECOND time, this 23rd
day of April 2012.
..
Mayor Doug Maeck
..
Clerk-Administrator Brenda Paul
READ
a THIRD time, PASSED and ENACTED this _____day of __________________.
..
Mayor Doug Maeck
..
Clerk-Administrator Brenda Paul