1.1 Accessible docking permit means a permit issued by the Township of Ramara to a water vessel owner;

Transcription

1 BILL NO THE CORPORATION OF THE TOWNSHIP OF RAMARA BYLAW NUMBER BEING A BYLAW TO REGULATE DOCK PRIVILEGES AT THE DOCK AT FERN RESORT ROAD, LAKE COUCHICHING WHEREAS the Municipal Act, 2001 (the Act) provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Corporation of the Township of Ramara is the owner of a dock in Lake Couchiching located at the west end of the unopened road allowance between Concession XII and XIII (Mara) known municipally as Fern Resort Road dock; AND WHEREAS the Council of the Corporation of the Township of Ramara passed Bylaw on September 10, 2012 regulating boats and docking at Fern Resort Road dock and wishes now to repeal and replace the said bylaw; NOW THEREFORE the Council of the Corporation of the Township of Ramara enacts as follows: 1. DEFINITIONS 1.1 Accessible docking permit means a permit issued by the Township of Ramara to a water vessel owner; 1.2 Bylaw Enforcement Officer means the person appointed by Council to this position; 1.3 Clerk means the Municipal Clerk of the Corporation of the Township of Ra ma ra; 1.4 Council means the Council of the Corporation of the Township of Ramara; 1.5 Docking means the reception/securing of a water vessel for the loading and unloading and parking; 1.6 Resident means the owner or tenant of a property; 1.7 Tied up means a physical method of restraint; 1.8 Township means the Corporation of the Township of Ramara;

2 1.9 Water vessel means a craft for traveling on water 2. SCOPE 2.1 The regulations bylaw shall apply to the facility known municipally as Fern Resort Road dock. 3. REGULATIONS 3.1 The dock shall be divided by signage into two zones, with the east face closest to the boat launch restricted for loading and unloading of water vessels of any length for a prescribed period of time and the remaining west face portion of the dock for docking of water vessels of a restricted length; 3.2 No person shall dock a water vessel unless they are residents of Heron Island, Bird Island or Garnet Island, all of which lie geographically within the corporate limits of the Township; 3.3 No personal shall dock a water vessel within the loading and unloading zone unless the person is loading or unloading the water vessel. 3.4 No person shall dock a water vessel in excess of one hour when in the loading and unloading zone. 3.5 No person shall dock a water vessel in excess of 4.26 metres (14ft) in length in the restricted length zone; 3.6 No time requirement applies to water vessels docking in the restricted length zone; 3.7 Notwithstanding Section 3.5 and to the contrary, the Municipal Clerk may provide an accessible docking permit to a owner in excess of 4.26 m in length on the basis that the owner is a person with a disability or is transporting a disabled person; 3.8 No person shall dock a water vessel at an accessible docking location without an accessible docking permit, and such permit shall be properly displayed. 3.9 Accessible docking permits must be clearly visible and attached to the boat or vessel The Bylaw Officer at all reasonable time(s) and upon producing proper identification may request to see a copy of the accessible docking permit issued by the Municipal Clerk if it is not visible on the water vessel.

3 3.11 If it is deemed by the Bylaw Enforcement Officer that the accessible docking permit is not being used in accordance with this bylaw, the Officer shall recommend to the Municipal Clerk that the permit be revoked Accessible docking permits shall expire December 31 of each year and must be applied for annually on the prescribed form attached as Schedule B to this bylaw by the owner of the water vessel with valid documentation from a physician indicating accessibility situation or provide a copy of a valid accessible parking permit issued by the Ministry of Transportation (MTO). 4. ENFORCEMENT 4.1 The Council herewith appoints the Township Bylaw Enforcement Officer as the Inspector to enforce the regulations of this bylaw. 4.2 Every person who contravenes the provisions of this bylaw is guilty of an offence and upon conviction is liable to a fine or penalty as provided by the Provincial Offences Act, R.S.O. 1990, Chapter P.33, Section Where a conviction is entered under this section of the bylaw, in addition to any other remedy or penalty provided by law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 5. APPEAL PROCESS FOR PERMIT 5.1 Where the Clerk is of the opinion an accessible docking permit was issued on incorrect information or, the holder of the permit is in non compliance with the provisions of the bylaw or upon recommendation by the Bylaw Officer that the accessible parking permit be revoked, the Clerk shall provide written Notice of the intent to revoke the permit, the reason for the revocation and notified that if immediate compliance is not maintained the permit will be revoked and docking privileges discontinued. 5.2 Where the Clerk wishes to revoke a permit due to non compliance, the applicant owner of the water vessel may appeal the decision to Council by giving written Notice to the Clerk. 5.3 Upon receiving notice under Section 6.2 of this bylaw Council shall allow a deputation by the owner of the water vessel at a Council meeting to hear all evidence and make a determination on the matter at its sole discretion. 5.4 The Clerk upon receiving a written Notice of Appeal by a permit holder shall advise the appellant of the date and time the matter will be heard by Council.

4 6. SCHEDULES 6.1 Schedules A and B shall form and be part of this bylaw. 7. ENACTMENT 7.1 That bylaw is hereby repealed and replaced. 7.2 That this bylaw shall come into force and take effect on the date of receiving approval from the Chief Justice of the short form wording. BYLAW READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 21 ST DAY OF JANUARY 2013 WILLIAM P. DUFFY, MAYOR J7R CONNOR, DEPUTY CLERK

5 SCHEDULE A TO BYLAW ITEM DESCRIPTION OF OFFENCE SECTION SET FINE I Non permitted resident docking vessel Docking exceeds one hour time limit Vessel exceeds allowable length Dock a water vessel at an accessible docking location without an accessible docking permit, and such permit not displayed

6 SCHEDULE B TO BYLAW APPPLICATION FOR ACCESSIBLE BOATNESSEL PARKING ANNUAL PERMIT FERN RESORT ROAD DOCK (FOR RESIDENTS OF HERON, BIRD AND GARNET ISLANDS ONLY) NAME OF BOATNESSEL OWNER NAME OF PERSON WITH DISABILITY ADDRESS (ON ISLAND) CONTACT PHONE NUMBER BOAT REGISTRATION # ACCESSIBLE PARKING PERMIT NUMBER ISSUED BY THE MINISTRY OF TRANSPORTATION OR PHYSICIAN S NOTE MAKE OF BOAT LENGTH OF BOAT SIGNATURE: DATE: