BEING A BY-LAW TO DESIGNATE ROADWAYS AS EMERGENCY FIRE ROUTES ALONG WHICH NO PARKING OF VEHICLES SHALL BE PERMITTED
NOTICE: WHEREAS section 7.1 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c. 4, as amended, provides that a municipality may pass by-laws for designating private roadways as fire routes along which no parking of vehicles shall be permitted and providing for the removal and impounding of any vehicle or vehicles or left along any fire routes so designated at the expense of the owner thereof;
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AND WHEREAS subsection 7.1(4) of the Fire Protection and Prevention Act, 1997 provides that a municipality may appoint an officer to enter upon land and into structures at any reasonable time to inspect the land and structures to determine whether by-laws enacted in accordance with this section are being complied;
AND WHEREAS section 425 of the Municipal Act, 2001, S.O. 2001, c. 25,as amended, authorizes a municipality to create offences and to establish fines for offences under by-laws;
AND WHEREAS sections 435 and 436 of the Municipal Act, 2001, provide for conditions governing powers of entry on land and the conduct of inspections;
AND WHEREAS the Council of The Corporation of the Town of Collingwood deems it expedient to provide for the designation of private roadways as emergency fire routes including the number and proximity of water hydrants to buildings.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF COLLINGWOOD ENACTS AS FOLLOWS:
1.0 SHORT TITLE
This by-law may be cited as the “Fire Route Designation By-law” and may be referred to internally herein as the “By-law”.
“Authorized Sign” means a designated Fire Route sign which is used to regulate traffic and is set out in Schedule “B” to this By-law;
“Building” means a building as defined in the Building Code Act, 1992, S.O. 1992, c. 23, as amended, but does not include a building used exclusively for residential purposes containing four (4) or less Dwelling Units;
“Chief Fire Official” means the person appointed by the council to act as the fire chief for the Town as defined in the Fire Protection and Prevention Act, 1997, or a member or members of the Fire Department by the fire chief under Article 220.127.116.11. of Division C or a person appointed by the fire marshal under Article 18.104.22.168. of Division C of the O. Reg. 213/07 - Fire Code, as amended, or his or her designate;
“Dwelling Unit” means one (1) or more habitable rooms designed and intended for use by a single family and in which separate culinary and sanitary facilities are provided for the exclusive use of the family;
“Fire Department” means the fire department established by the Town;
“Fire Route” means an access route required for use by the Fire Department provided by means of a Private Roadway or yard;
“Hydrant” means any apparatus for drawing water directly from a main and which is used principally for firefighting purposes;
“Officer”means a municipal law enforcement officer appointed by by-law to enforce municipal by-laws, Chief Fire Official or a police officer;
“Property Owner” includes a person;
(i) whose interest in land is such that he is deemed to be an owner under the appropriate land registrations system, and
(ii) who is or appears to be receiving rent or other compensation from the use of land by a third party whether he/she is receiving it on his/her own account or as agent, trustee or representative or like capacity;
“Private Roadway” means any private road, lane, ramp or other means of vehicular access to or egress from a Building or structure and it may include part of a parking lot, as defined in the Fire Protection and Prevention Act, 1997;
“Park” or “Parking” when prohibited, shall mean 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 or passengers;
“Stand” or “Standing” when prohibited, means the halting of a vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers;
“Stop” or “Stopping” when prohibited, means the halting of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic;
“Town” means The Corporation of the Town of Collingwood;
“Vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power.
3.1 The Chief Fire Official may require a Private Roadway or parking lot or part thereof in the Town to be established as a Fire Route. Where a Private Roadway or parking lot, or part thereof has been required to be established as a Fire Route under Section 3.2, it is hereby designated as a Fire Route. The Chief Fire Official is delegated the authority to amend Schedule ‘C’ to add, remove or modify established Fire Routes as required.
3.2 Where a Fire Route has been designated under this by-law, the Chief Fire Official may issue an order requiring the Property Owner:
(i) to establish the Fire Route in accordance with the provisions of this By-law; and
(ii) to erect and maintain an Authorized Sign at locations on the Fire Route approved by the Chief Fire Official.
3.3 Where a Property Owner requests a designation of a Fire Route under this By-law, the Property Owner shall:
(i) file with the Fire Department (in triplicate) plans showing the proposed location of the Fire Route which shall meet the minimum requirements set out in Schedule “A” and Schedule “B” to this By-law for approval by the Fire Department;
(ii) pay the Town a processing and inspection fee in accordance with the provisions of the Town’s Fee and Service By-law, or any successor thereto; and
(iii) purchase, erect and maintain all signs on which the Fire Route has been designated in accordance with the sign guidelines set out in this By-law in Schedule “A” and Schedule “B”.
3.4 No person shall park, or stand, a vehicle along, in, or over, any properly signed Fire Route designated under this By-law.
3.5 Section 3.4 shall not apply to:
(i) a money truck while actually engaged in the business of delivering or picking up money or other valuables;
(ii) an emergency vehicle used by persons while actually engaged in their duties; and
(iii) a vehicle used by an officer in the lawful performance to his/her duty.
4.0 POWER OF ENTRY AND INSPECTION
4.1 An Officer may, at any reasonable time, enter and inspect any land or premises to determine whether the provisions of this By-law or any direction or order made under the By-law is being complied with.
4.2 A Property Owner shall permit an Officer to inspect any land, property or premises for the purposes of determining compliance with this By-law.
4.3 An Officer may be accompanied by a person under his or her direction.
5.1 No person shall hinder or obstruct, or attempt to hinder or obstruct, an Officer exercising a power or performing a duty under this By-law.
6.0 ADMINISTRATION AND ENFORCEMENT
6.1 The Chief Fire Official may require a Private Roadway or parking lot or part thereof in the Town to be established as a Fire Route as indicated in Schedule “A” and Schedule “B”:
(i) where a Private Roadway or parking lot, or part thereof has been required to be established as a Fire Route under Section 6.1, it is hereby designated as a Fire Route; and
(ii) where a Private Roadway is shown cross-hatched on Schedule “C” to this By-law it is designated as a Fire Route along which no parking or standing of vehicles shall be permitted.
6.2 Any Fire Route which has been designated under By-law 96-37 and through site plan development and any agreement entered into thereunder shall continue as a designated Fire Route under this By-law, but shall only be subject to the provisions of Section 3.4, 6.0 and 7.0 of this By-law.
6.3 A Property Owner who changes or fails to maintain a designated Fire Route set out in Schedule “C” to this By-law shall be subject to all provisions of this By-law notwithstanding any prior agreement to the contrary.
6.4 Where a Property Owner fails to erect or to maintain an Authorized Sign under this By-law, the Chief Fire Official or other employee designated by the Town may enter on the Property Owner’s land and may erect an Authorized Sign at the expense of the Property Owner and the costs incurred as a result thereof may be added to the tax roll and collected by the Town in the same manner as property taxes under the Municipal Act, 2001.
6.5 Where a Fire Route has been designated, constructed and signed in accordance with this By-law, if the Chief Fire Official deems it to be in the interest of the life safety requirements under the Fire Code, the Chief Fire Official may issue an order for any change to the designated Fire Route deemed necessary and the Property Owner shall carry out whatever construction or changes to an Authorized Sign as may be necessary.
6.6 The Property Owner shall maintain any Fire Route and Hydrant to the standards set out in Schedule “A” and shall remove any snow, ice or obstruction which may prevent the use of a Fire Route or Hydrant.
6.7 The Property Owner on which a Fire Route has been designated shall not permit or cause to be done anything that would cause a person to believe that Parking in designated Fire Route is permitted and shall not in any way obstruct or hinder the enforcement of this By-law.
6.8 An Officer or the Chief Fire Official may have a vehicle parked or standing in contravention of Section 3.4 of this By-law moved to and stored in another location and all costs of removal and storage thereof shall be a lien upon the vehicle and may be enforced in the manner provided by section 4 of the Repair and Storage Lien Act, R.S.O. 1990, c. R. 25, as amended.
7.0 FINE FOR CONTRAVENTION
7.1 Every person who contravenes any of provision of this By-law is guilty of an offence and upon conviction is liable to a fine or penalty as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
7.2 Upon conviction, in addition to any other remedy and to any penalty imposed by this By-law, the court in which the conviction has been entered and any court of competent jurisdiction may make an order prohibiting the continuation or repetition of the offence by the person convicted.
7.3 Any person may, upon presentation to the Town of a parking infraction notice issued for a parking, stopping or standing offence under the By-law, pay out of Court within 15 days, exclusive of Saturdays, Sundays and Holidays, from the date of issue of the said notice, the early voluntary payment and upon payment being made, no further proceedings shall be taken under this by-law in respect of the offence alleged in the said notice and if payment is not made the fine shall be recoverable under the provisions of the Provincial Offences Act.
7.4 Where a vehicle has been left in contravention of this By-law, the owner of the vehicle, even if the owner was not the driver of the vehicle at the time of the contravention of the By-law, is guilty of an offence and is liable to a fine in accordance with the provisions of the Provincial Offences Act, 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.
8.0 VALIDITY, SEVERABILITY AND INTERPRETATION
8.1 Should a court of competent jurisdiction declare a part or whole of any provision of this By-law to be invalid or of no force and effect, the provision or part is deemed severable from this By-law, and it is the intention of Council that the remainder survive and be applied and enforced in accordance with its terms to the extent possible under law.
8.2 Whenever any reference is made in this By-law to a statute or regulation of the Province of Ontario, such reference shall be deemed to include all subsequent amendments to such statute or regulation and all successor legislation to such legislation.
8.3 Words importing the singular number shall include the plural, and words importing the masculine gender shall include the feminine, and the converse of the foregoing also applies, unless the context of the By-law otherwise requires.
9.1 All by-laws and/or resolutions that are inconsistent with the provisions of this By-law and the same are hereby repealed or rescinded insofar as it is necessary to give effect to the provisions of this By-law.
10.1 This By-law shall come into force and effect upon receipt of a set fine approval by the Regional Senior Justice of the Ontario Superior Court of Justice or his or her designate for the purpose of proceedings under Part I and Part II of the Provincial Offences Act.
ENACTED AND PASSED this 13th day of July 2009.