BYLAW - Appoint By law Enforcement Officers - 20120410 - 541612THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5416-12
BEING A BY-LAW to appoint,
employees of the Ontario Parking
Control Bureau Corp. as
Municipal By-law Enforcement
Officers in the Town of Aurora.
WHEREAS the Ontario Parking Control Bureau Corp. (the "Company") has requested
that certain employees of the Company be appointed by The Corporation of the Town of
Aurora (the `Town") as Municipal Law Enforcement Officers for the purpose of enforcing
municipal parking by-laws on private property as enacted under section 100 of the
Municipal Act, 2001, S.O. 2001, c. 25, as amended;
AND WHEREAS section 100 of the Municipal Act, 2001, S.O.2001, c. 25, as amended,
provides that a local municipality may, in respect of land not owned or occupied by the
municipality that is used as a parking lot, regulate or prohibit the parking or leaving of
motor vehicles on that land withoutthe consent of the owner of the land or regulate or
prohibit traffic on that land if a sign is erected at each entrance to the land clearly
indicating the regulation or prohibition;
AND WHEREAS By-law Number 4574-043, as amended, (the "By-law") has been
enacted by the Town under section 100 of the Municipal Act, 2001, S.O.2001, c. 25, as
amended, to provide for the regulation and enforcement of parking on private lands;
AND WHEREAS section 15 of the Police Services Act, R.S.O. 1990, c. P. 15, as
amended, provides that a municipal council may appoint persons to enforce the by-laws
of a municipality, and that Municipal Law Enforcement Officers are peace officers for
the purposes of enforcing municipal by-laws;
AND WHEREAS all Municipal Law Enforcement Officers are Provincial Offences
Officers under the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended;
AND WHEREAS the Council of the Town, in its September 13, 2011 Council Meeting,
authorized the Town to enter into agreements with third parties with respect to
enforcement of the By -lave on private properties;
AND WHEREAS the Company entered into an agreement with the Town on March 15,
2012, with respect to the enforcement of parking on private property (the "Agreement');
AND WHEREAS the Council of the Town deems it necessary to appoint certain
employees of the Company as Municipal Law Enforcement Officers;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA ENACTS AS FOLLOWS:
THAT those persons listed in Schedule "A" to this By-law be and are hereby
appointed as Municipal Law Enforcement Officers for the Town for the purpose
of enforcing parking provisions of the By-law on private property.
2. THAT the persons appointed as Municipal Law Enforcement Officers listed in
Schedule "A" of this By-law are designated by the Town to act as Provincial
Offences Officers in accordance with any specific or general directive of the
Solicitor General of Ontario in effect from time to time relating to the power of
municipal agents to act as Provincial Offences Officers.
THAT the Town Clerk be and is hereby authorized to issue a certificate of
appointment bearing his/her signature or facsimile thereof to the Municipal Law
Enforcement Officers appointed by this By-law.
4. THAT the authority to exercise any powers pursuant to this By-law as a Municipal
Law Enforcement Officer, Provincial Offences Officer or a peace officer be
By-law Number 5416-12
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limited to the locations on the list of private parking lot locations provided by the
Company and approved in writing by the Town's Director of Building & By-law
Services or his/her designate (the "Director") pursuant to the Agreement.
5. THAT the appointment and authority to exercise any powers pursuant to this By-
law as a Municipal Law Enforcement Officer, Provincial Offences Officer or a
peace officer by any person listed in Schedule "A" is conditional on:
(a) the Company having a current, valid and existing Agreement with the
Town;and
(b) the person or persons appointed underthis By-law being employed bythe
Company and are not under suspension by the Company.
6. THAT the Director shall have the authority to temporarily suspend the application
of this By-law to any or all persons listed in Schedule "A" for a period of not more
than sixty (60) days, during which period any powers granted by this By-law to
the person or persons under suspension shall be void and without effect, if it is
reasonably believed by the Director that the person, or persons, subject to the
suspension has acted, or is acting, in violation of any terms of the Agreement,
Town policies or procedures, or provincial directives.
7. THAT when acting within the delegated authority as set out in section 6 of this
By-law, the Director shall not be required to report any temporary suspensions of
less than sixty (60) days to the Council of the Town.
8. THAT this By-law shall come into full force and effect on the date of final
passage hereof.
READ A FIRST AND SECOND TIME THIS 10th DAY OF APRIL, 2012.
READ A THIRD TIME AND FINALLY PASSED THIS 10th DAY OF APRIL, 2012.
Appr'i vacs to Form
y e dServices
signature-Jdm.._
Date: %�Pri I � 17
By-law Number 6416-12
By -Law Number 5416-12
Schedule "A"
Municipal Law Enforcement Officers
Ontario Parking Control Bureau Corp.
Nathan Todd Goobie
2. Jordan Fischer
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