BYLAW - Revise Parking By law Penalty - 19890525 - 310989'•
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BY-LAW NUMBER 3109-89
OF THE CORPORATION OF THE TOWN OF AURORA
BEING A BY-LAW to revise the penalty
provisions of various parking By-laws
WHEREAS pursuant to the applicable prov1s1ons of the Municipal Act, the
Municipal Council of the Town of Aurora has enacted By-1 aw No. 3046-88 to
authorize certain parking of vehicles operated by, or carrying physically
handicapped persons, and the issuing of permits in respect thereof; By-law
No. 2319-79 to prohibit unauthorized parking of motor vehicles in private or
on property of the Town where parking by the pub 1 i c is not authorized;
By-law No. 2613-83 to govern and control the parking of vehicles within the
Town of Aurora and By-law No. 2978-88 respecting the parking of vehicles in
excess of one tonne on streets within the jurisdiction of the Town of Aurora;
AND WHEREAS the provisions of Part II of the Provincial Offences Act will
automatically apply to all municipalities as of the 1st day of September,
1989;
AND WHEREAS, in order to effectively administer the provisions of the
Provincial Offences Act respecting the issuance of Parking Infraction
Notices, it is deemed expedient to amend the municipality's parking related
By-laws to conform to the stipulated requirements;
NOW THEREFORE the Municipal Council of the Town of Aurora enacts as
follows:
1. THAT Section 8 of By-law No. 3046-88 be and is hereby repealed and the
following substituted therefore:
8.(i) Every person who contravenes the provisions of
Sections 5 or 7 of this By-law is, upon
conviction, guilty of an offence and shall be
liable to a fine of not more than Three
Hundred Dollars for each offence, exclusive of
costs.
(ii) Notwithstanding the above, any person who
contravenes the provisions of Sections 5 or 7
of this By-law may make voluntary payment of a
reduced penalty of $50.00 within the time
period set forth on the Parking Infraction
Notice. Once a person has paid the reduced
penalty, no further proceedings shall be taken
against that person in respect of the offence
alleged in the Parking Infraction Notice.
(iii) In the event a person does not make voluntary
payment of the reduced penalty amount outlined
in Section ( i i) above within the prescribed
time period, the person may make voluntary
payment of the full penalty amount as set
forth on the Parking Infraction Notice at the
Municipal Offices for the Town, provided that
such payment is made within fifteen (15) days
of the date of the issuance of the Parking
Infraction Notice.
(iv) If voluntary payment is not made under
Subsections (ii) and (iii) above, the
procedures of the Provincial Offences Act
shall apply and the penalty shall be
recoverable under that Act.
2. THAT Section 10 of By-Law No. 3046-88 be and is hereby repealed.
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3. THAT Sections 6 and 10 of By-law No. 2978-88 be and are hereby amended
by deleting reference to "parking violation tag" and substituting the
words "Parking Infraction Notice" therefore.
4. THAT Section 11 of By-1 aw No. 2978-88 be and is hereby repea 1 ed and
the following substituted therefore:
11.(i) Every person who contravenes the provisions
of this By-law is, upon conviction, guilty of
an offence and shall be 1 iable to a fine of
not more than Three Hundred Dollars for each
offence, exclusive of costs.
(ii) Notwithstanding the above, any person who
contravenes the provisions of this By-1 aw may
make voluntary payment of a reduced penalty of
$50.00 within the time period set forth on the
Parking Infraction Notice. Once a person has
paid the reduced penalty, no further
proceedings shall be taken against that person
in respect of the offence alleged in the
Parking Infraction Notice.
(iii) In. the event a person does not make voluntary
payment of the reduced penalty amount outlined
in Section ( i i) above within the prescribed
time period, the person may make voluntary
payment of the full penalty amount as set
forth on the Parking Infraction Notice at the
Municipal Offices for the Town, provided that
such payment is made within fifteen ( 15) days
of the date of the issuance of the Parking
Infraction Notice.
(iv) If voluntary payment is not made under
Subsections (ii) and (iii) above, the
procedures of the Provincial Offences Act
shall apply and the penalty shall be
recoverable under that Act.
5. THAT Section 12 of By-law No. 2978-88 be and is hereby repealed.
6. THAT Section 6 of By-law No. 2319-79 be and is hereby repealed and the
following substituted therefore:
6.(i) Every person who contravenes the provisions of
this By-law is, upon conviction, guilty of an
offence and shall be 1 i ab 1 e to a fine of not
more than Three Hundred Dollars for each
offence, exclusive of costs.
(ii) Notwithstanding the above, any person who
contravenes the provisions of this By-law may
make voluntary payment of a reduced penalty of
$25.00 within the time period set forth on the
Parking Infraction Notice. Once a person has
paid the reduced penalty, no further
proceedings shall be taken against that person
in respect of the offence alleged in the
Parking Infraction Notice.
(iii) In the event a person does not make voluntary
payment of the reduced penalty amount outlined
in Section (ii) above within the prescribed
time period, the person may make voluntary
payment of the full penalty amount as set
forth on the Parking Infraction Notice at the
Muni ci pa 1 Offices for the Town, provided that
such payment is made within fifteen (15) days
of the date of the issuance of the Parking
Infraction Notice.
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(iv) If voluntary payment is not made under
Subsections (ii) and (iii) above, the
procedures of the Provincial Offences Act
shall apply and the penalty shall be
recoverable under that Act.
7. THAT Sections 3 and 5 of By-law No. 2319-79 be and are hereby amended
by deleting reference to "parking tag" and substituting the words
"Parking Infraction Notice" therefore.
8. THAT Section 10 of By-law No. 2319-79 be and is hereby repealed.
9. THAT Part 6 of By-1 aw No. 2613-83 be and is hereby repea 1 ed and the
following substituted therefore:
PART SIX: PENALTIES
1. Every person who contravenes the prov1s1ons of
this By-law is, upon conviction, guilty of an
offence and shall be 1 iable to a fine of not
more than Three Hundred Dollars for each
offence, exclusive of costs.
2. Notwithstanding Section 1, any person who
contravenes the provisions under PART FOUR,
Section 1; 2(1)(a)-(n), 2(2) and 2(3); 3; 5;
6; and 7 may make voluntary payment of a
reduced penalty of $15.00 within the time
period set forth on the Parking Infraction
Notice. Once a person has paid the reduced
penalty, no further proceedings shall be taken
against that person in respect of the offence
alleged in the Parking Infraction Notice.
3. Notwithstanding Section 1, any person who
contravenes the provisions under PART FOUR,
Section 2(1)(o), may make voluntary payment of
a reduced penalty of $35.00 within the time
period set forth on the Parking Infraction
Notice. Once a person has paid the reduced
penalty, no further proceedings shall be taken
against that person in respect of the offence
alleged in the Parking Infraction Notice.
4. Notwithstanding Section 1, any person who
contravenes the provisions under PART FOUR,
Section 4, may make voluntary payment of a
reduced penalty of $25.00 within the time
period set forth on the Parking Infraction
Notice. Once a person has paid the reduced
penalty, no further proceedings shall be taken
against that person in respect of the offence
alleged in the Parking Infraction Notice.
5. In the event a pes on does not make vo 1 untary
payment of the reduced penalty amount
specified in Sections 2, 3 and 4 above within
the prescribed time period, the person may
make voluntary payment of the full penalty
amount as set forth on the Parking Infraction
Notice at the Municipal Offices for the Town,
provided that such payment is made within
fifteen ( 15) days of the date of issuance of
the Parking Infraction Notice.
6. If vo 1 untary payment is not made under
Sections 2, 3, 4, and 5 above, the procedures
of the Provincial Offences Act shall apply and
the pena 1 ty sha 11 be recoverable under that
Act.
10. THAT By-law No. 3091-88 enacted on the 27th day of April, 1989 be and
is hereby repealed.
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11. THAT the prov1s1ons of this By-law shall come into force and be
effective upon final passage thereof.
READ A FIRST AND SECOND TIME THIS 24th DAY OF May • 1989.
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READ A THIRD TIME AND FINALLY PASSED THIS d';( DAY OF /17,t( • 1989.
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