THE CORPORATION OF THE TOWNSHTP OF RUSSELL. By-Law No. 2004

Transcription

1 THE CORPORATION OF THE TOWNSHTP OF RUSSELL By-Law No Being a by-law of the Corporation of the Township of Russell respecting Fire Routes; Whereas the Fire Protection Act R.S.O. 1997, Chapter 4, Section 7.1 provides that a Council of a Municipality may enact a By-law for designating private roads as fire routes along which no parking of vehicles shall be permitted and providing for the removal and impounding of any vehicle parked in contravention thereof Now therefore the Council ofthe Corporation of the Township of Russell enacts as follows: DEFINITIONS In this by-law: authorized sign means a fire route sign or other device placed or erected on or along a designated fire route for the purposes of regulating, warning or guiding traffic, and which is in a location and ofa size and design approved by the Township ofrussell; building or structure means a building or structure within the Township ofrussell; Chief By-law Officer means the officer in charge of by-law enforcement for the Township of Russell or his designate; Council means the Council ofthe Corporation of the Township of Russell; Corporation means the Corporation ofthe Township of Russell; designated fire route, means a fire route designated in accordance with this by-law; fire access has the same meaning as fire route ; Fire Chief means the Chief of the fire department or his designate, providing service to the area of the Corporation in which the fire route is located; fire department means the fire departments of the Township of Russell; fire route means any private access, route, road, way, lane, ramp, or other means of vehicular access to or egress from a building and it may include part of a parking lot set aside for use by emergency vehicles; park or parking when prohibited means the standing or halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a constable or other officer directing traffic or of a traffic control sign or signal; property owner includes: (a) (b) a person deemed to be the owner under the appropriate land registration system; and, a person who is or appears to be receiving rent or other compensation from the use of land by a third party whether receiving it as the owner or as agent, trustee or representative or like capacity; vehicle includes a motor vehicle, trailer, motor assisted bicycle, traction engine, farm tractor, road-building machine, motorized snow vehicle and any vehicle drawn, propelled or driven by any kind ofpower, including muscular power.

2 - Page 2 - GENERAL PROVISIONS AND PROHIBITIONS 2. Those fire routes listed in Schedule A to this by-law are hereby designated as fire routes. 3. Authorized signs shall be placed or erected by the property owner on or along a designated fire route in accordance with Schedule B to this by-law. 4. (1) The property owner shall maintain the fire route and signs and shall remove any snow, ice or obstruction that may prevent the use of the fire route or obscures the visibility of an authorized sign. (2) No person shall interfere with, deface or remove an authorized fire route sign. 5. (1) No person shall stop or park a vehicle on a designated fire route where parking is prohibited by an authorized sign, except that; (2) Subsection (1) does not apply to a person who parks or stops and ambulance, police, fire, municipal law enforcement, or other emergency vehicle or vehicle used forthe enforcement of this by-law. REMOVAL OF VEHICLES 6. (1) A police officer, by-law enforcement officer or firefighter who discovers a vehicle parked in contravention of the provisions of section 5 may have the vehicle moved to and stored in another location and all costs of removal and storage shall be a lien upon the said vehicle and may be enforced in the maimer provided by the Municipal Act or Fire Protection and Prevention Act. LIABILITY (2) No person other than a police officer, Municipal law enforcement officer or firefighter shall move or cause a vehicle to be moved to another location. 8. Any person erecting or maintaining any sign or sign structure shall be liable for such sign or sign structure. The Township is not responsible for such sign or sign structure and is not responsible for any claim for damages, loss, expense or otherwise arising from the erection, maintenance, removal or falling of such sign, sign structure, orpart thereof. OFFENCES AND PENALTIES 9. (1) Every person who contravenes any provisions of this by-law is guilty of an offence. (2) Every person who is convicted of an offence is liable to a fine as provided for in the Provincial Offences Act. (3) When a person has been convicted of an offence under this by-law: (a) (b) the Ontario Court ofjustice, or any court of competent jurisdiction thereafter, may, in addition to any other penalty impose on the person convicted, issue an order prohibiting the continuation or repetition of the doing of an act or thing by the person convicted directed towards the continuation ofthe offence.

3 - Page3 - VALIDITY 10. If a court of competent jurisdiction declares any provisions or part of a provision of this by-law to be invalid or of no force and effect, it is the intention of the Council, in enacting this by-law, that each and every other lawful provision of this by-law be applied and enforced in accordance with it s terms to the extent possible according to law. REPEAL 11. The following by-law to be repealed SCHEDULES ADOPTED 12. The Schedules referred to in this by-law shall form part of this by-law. BY-LAW IN FORCE 13. This by-law shall come in force and take effect at 12:01 a.m. on August 30, FIRST AND SECOND TIME, this ~day of /~ READ A THIRD TIME AND FINALLY PASSED, this ~~day of 2 ~

4 SCHEDULE A DESIGNATED FIRE ROUTES Civic Street Name Other Description Number 654 Notre-Dame Giant Tiger (along front wall) 753 Notre-Dame Independent (South side front lane) 767 Notre-Dame Place D Embrun (along West wall) 1122 Notre-Dame Le Pavilion 1215 St-Augustin Ecole La Croisee (along laneway) 6 Blais Embrun Arena (along West wall and in front of all doors) 8 Blais Community Hall (East, West, South sides and in front of doors) 1031 Notre-Dame Church (East side, lane to side entrance) 151 Centennaire Centre Urgel Forget (West side and North side main entrance) 915 Notre-Dame St-Jacques Nursing Home (South and West side front laneway North & East laneway) 1045 Notre-Dame Ecole St-Jean ( South side main entrance and West side to parking lot) 1276 St-Jacques Ecole Secondaire (North side to propane tanks and East side for South lane) 893 Notre-Dame Embrun Fire Station ( West and South sides) 100 Maheu Ecole Riviere Castor 5 Forget Salle Chevaliers de Colomb (East side, West side for front Doors) 1035 Concession School Mother Teresa (West side front entrance) 1008 Concession Ecole St-Joseph (East side along front wall, West side of lane, West side gates) 982 North Russell School Middle (front lane East side) 472 Church Seniors Apartments (South side of street) 1084 Concession Russell Arena (West side propane tanks & all doors) 1133 Concession 1076 Concession Curling Club (South Side front Entrance) 14 Mill School Russell Public (West side for laneways, along South side) 110 Craig Russell Medical Center (South side for laneway) 1146 Concession Russell Fire Station (East side) 708 Limoges Elmirador Shopping Center (South side) 4629 Gregoire Marionville Community Center (West side for front doors, Along South wall)

5 SCHEDULE B AUTHORIZED SIGNS Unless otherwise specifically required pursuant to an approval of a fire route in accordance with the Fire Protection and Prevention Act orthe Fire Code, the Building Code Act or the Ontario Building Code or a Site Plan Control By-law under the Planning Act, the following requirements shall apply to signs for fire routes: a) A sign prohibiting parking in a fire route shall, (i) be not less than 45 centimeters in height and not less than 30 centimeters in width; (ii) bear the markings and message that the area is a fire route where parking is prohibited and include double arrows, except at the ends ofa fire route where single arrows shall be included; (iii) include, in black letters of a minimum height of 3.0cm, the English Language message FIRE ROUTE and the French Language message ROUTE DES POMPIER ou ROUTE D INCENDIE. (iv) Have the design and dimensions as described in the following figure: BLACK LEGEND, ARROV~AND BORDER ~1-11TE E$CKGROUND 2.5cm RED ANNULAR BAND 2cm RED INTERDICTORY STROKE BLACK F =3 :i.~ (30 x 45) cm

6 b) Despite subsection (a), signs of a larger size and pavement or curb markings may be required where considered necessary by the Fire Chief to more clearly delineate a fire route. c) Authorized signs shall be located as shown on a site plan approved by the Township, and shall be located no more than 25.Ometers apart unless otherwise specifically approved because of unusual site conditions or fire route configuration, and the lower edge of each sigh shall be between 2.0 meters and 2.5 meters above the ground. d) Despite the above minimum requirements, any sign which lawfully existed as an authorized and required sign at the date of the passing ofthis by-law continues to be lawful as an authorized and required sign: (i) (ii) provided it continues to be maintained in accordance with Section 4. Ofthis by-law or unless such sign has been required to be changed pursuant to an order ofthe Fire Chiefunder the Fire Protection and Prevention Act or Fire Code.

7 THE CORPORATION OF THE TOWNSHIP OF RUSSELL BY-LAW NO SET FINES FOR USE PART II - Being a by-law of the Corporation of the Town~hipofRussell to regulate Fire Route within the Township of Russell SHORT TITLE: FIRE ROUTE BY-LAW ITEM 1. COLUMN 1 COLUMN 2 COLUMN 3 COLUMN 4 Description of Offence Provision Creating or Defining Offence Voluntary Payment Payable within days Set Fines (included costs) Park in a designated fire route NOTE: Section 5(1) The penalty section for the offences indicated above is Section 8 ofby-law No. N/A - $ , certified copies ofwhich have been filed.