Loading...
BYLAW - Revise Parking By law Penalty - 19890525 - 310989'• [ 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 THAT Section 8 of By-law No. 3046-88 be and is hereby repealed and the following substituted therefore: 8.(i) Every person who contravenes the provisions of Sections 5 or 7 of this By-law is, upon conviction, guilty of an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. - 2 - 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. - 3 - (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. ./ : -~·-, •. ' ' • ·---,,,_,,_ ____ , ____ , ____ ·~--·---.. --.. --__ _,_, _____ _, _ _,_,_, __________ _ - 4 - 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. t--- READ A THIRD TIME AND FINALLY PASSED THIS d';( DAY OF /17,t( • 1989. J.WE~