Body: Council Type: By-law Meeting: Regular Date: 2023 Collection: By-laws Municipality: South Frontenac
[View Document (PDF)](/docs/south-frontenac/By-laws/2023 By-laws/By-Law 2023-35 - Devil Lake Causway.pdf)
Document Text
TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2023-35
A BY-LAW TO PROHIBIT PEDESTRIANS FROM STANDING ANDIOR LOITERING AT ALL TIMES ALONG MUNICIPAL HIGHWAYS WITHIN THE CONFINES OF THE DEVIL LAKE CAUSEWAY ON PERTH ROAD WHEREAS Section 35 of the MunicipalAct allows the Township to restrict common law right of passage by the public over a highway; and WHEREAS Section 425 of the Municipal Act grants the Township authority to create offences; WHEREAS Section 429 of the Municipal Act allows the Township to establish a system of fines for offences under a by—lawof the municipality; and WHEREAS Section 434.1 of the Municipal Act permits the Township to require a person, subject to such conditions as the municipality considers appropriate, to pay an administrative penalty if the municipality is satisfied that the person has failed to comply with a by-law of the municipality; THEREFORE BE IT RESOLVED THAT the Corporation of the Township of South Frontenac enacts as follows: GENERAL PROVISION:
No person shall stand or loiter at any time on either side of the Devil Lake Causeway, located on Perth Road 1200 metres south of Tett Crescent southerly 150 metres and further defined in Schedule A attached to this By-law.
PENALTIES: 2.
Every person who contravenes any of the provisions of this By~law is guilty of an offence and shall, upon conviction, be liable to a maximum fine of $5,000 pursuant to the Provincial Offences Act.
A Person who is convicted of a first offence under this By—lawis liable, for each day or part of a day that the offence continues, to a maximum fine of no more than $5,000. The total of all daily fines imposed forthe continuing offence may exceed $100,000.
A person who is convicted of a second or subsequent offence under this By-law is liable, for each day that the second or subsequent offence continues, to a maximum fine of more than $10,000. The total of all daily fines imposed for the second or subsequent continuing offence may exceed $100,000.
Every Person who contravenes any provision of this By—Lawshall, upon issuance of a Penalty Notice in accordance with the By—Lawto Impose Administrative Monetary Penalties On Violations Of Municipal By-Laws 2022-70, be liable to pay to the Township an Administrative Monetary Penalty in accordance with By—Law Number 2022~70, As Amended.
If a Person is required to pay an Administrative Penalty under Section 3. In respect of a contravention of this By-law, the Person shall not be charged with an offence in respect of the same contravention.
ENFORCEMENT:
This by-law shall be enforced by the by-law enforcement officers of the Municipality.
a)
No person shall obstruct or hinder or attempt to obstruct or hinder a Provincial Offences Of?cer or other authorized employee or agent of the Township in the exercise of a power or the performance of a duty under this by-law. Without limiting the generality of the foregoing, for purposes of this By—law,any person who fails to provide proof of identification satisfactory to the Provincial Offences Officer when requested to do so by the Provincial Offences Officer is deemed to obstruct an Officer under this By—Law.
By—law2020-25 is hereby repealed.
This By—lawwill come into force and take effect on the date of its passing.
Given First and Second Readings: May 2, 2023 Given Third Reading signed and sealed May 2, 2023
THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC
7
I
Ron
Vandewai
James Thompson,
Mayor
Clerk
By-law 2023-35 Schedule A Devil Lake Causeway Perth Road —
