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Commercial Vehicle Regulations

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Commercial Vehicle Regulations

1. Title
These Regulations may be cited as the Town of Paradise Commercial Vehicle Regulations, 2013.
2. Interpretation
In these Regulations, unless the context otherwise requires:
  • a) "Act" means the Municipalities Act, 1999, SNL 1999 Chapter M-24 as amended.
  • b) "Bus" means a motor vehicle designed or used for carrying more than fourteen (14) passengers in addition to the driver.
  • c) "Commercial Vehicle" means any vehicle designed, maintained, or used primarily for the transportation of property and Persons, and includes a Bus, (excluding vehicles less than 1 tonne), delivery van or wagon, tractor, truck tractor and/or trailer, heavy equipment, construction equipment, but does not include a taxi-cab jitney bus or recreational vehicle. For the purpose of these Regulations, all vehicles less than one tonne in weight are exempt from these Regulations.
  • d) "Council" means the Town Council of the Town of Paradise.
  • e) "Fully Serviced Lot" means any lot in an area that is serviced in full with municipal water, municipal sewer, municipal storm sewer and curb & gutter.
  • f) "Park" means to permit a vehicle, whether occupied or not, to stand otherwise than temporarily for the immediate purpose of and while actually engaged in loading or unloading goods or taking up or setting down passengers.
  • g) "Person" means any person, firm, partnership, association, corporation, company, co-operator, club, society, or any other corporate body or organization of any kind.
  • h) "Regulations" means the Town of Paradise Commercial Vehicle Regulations, 2013.
  • i) "Representative" means the Town's Enforcement Officer or another employee of Council designated by Council to enforce the provisions of the By-Law.
  • j) "Residential Zone" means any residential use zone as defined under the Town of Paradise Development Regulations.
  • k) "Town" means the Town of Paradise.
3. Application
These Regulations apply within the boundaries of the Town of Paradise.
4. Exceptions
  • a) These Regulations shall not prohibit:
    • i) The operation of emergency vehicles upon any street in the Town.
    • ii) The operation of Commercial Vehicles owned or operated by the Town, Public Utilities, any contractor and/or any other Person while engaged in the repair, delivery of materials, maintenance or construction of streets, street improvements, or street utilities within the Town.
5. Permit
  • a) No Person shall Park any Commercial Vehicle or allow the Parking of a Commercial Vehicle within any Residential Zone with the Town unless Council has issued a Commercial Vehicle permit for the Parking, valid no longer than one year. The Parking of Commercial Vehicles without a permit is considered a violation of these Regulations.
  • b) An application for a permit to Park any Commercial Vehicle in any Residential Zone shall be made to the Council and every applicant for a permit shall furnish with the application such information as Council may require.
  • c) Council will not issue a permit to Park a Commercial Vehicle on any residential property where:
    • i) The residential lot has less than 18 m frontage and less than 1000 m2 in lot area; and
    • ii) The residential lot is considered a Fully Serviced Lot.
  • d) Upon review of an application, at the discretion of Council, a permit may be issued to Park a Commercial Vehicle on a residential property under the following provisions:
    • i) The issuance of a permit does not contravene Section 5 (c) of these Regulations.
    • ii) The Council shall attach to the permit such conditions as it deems fit to permit the Parking of any Commercial Vehicle in a Residential Zone and may permit Parking for such limited time as it deems fit.
    • iii) Where Council issues a Commercial Vehicle Permit, the permit is valid for no longer than one year but may be renewed annually provided no objections or complaints are received in relation to the Parking of the said vehicle. Should any complaint be received during the term of the permit, Council will determine the validity of such a complaint and may refuse to renew the permit.
    • iv) Commercial Vehicle Permits are issued specific to the vehicle outlined in the application required under Section 5 (b) and are non-transferable.
6. Entry
A Representative may enter upon any public or private land and may at all reasonable times make an inspection for the purpose of obtaining information relative to the Parking of any Commercial Vehicle, or whatever works whatsoever which the Town is empowered to regulate, and may issue a removal order to the owner of an illegally Parked Commercial Vehicle on the property on which such a vehicle is situated, or order that such a vehicle be impounded at the owner's expense.
7. Enforcement
  • a) Enforcement and prosecution under these Regulations may be under taken by any Police Officer or by a Representative.
  • b) It shall be the duty of a Police Officer or the Representative to enforce these Regulations and to:
    • i) Report the name and address of any Person observed or reliably reported to have violated any of the provisions of these Regulations.
    • ii) Report the time and nature of the violation of the Regulations, and any circumstances being relevant to the violation.
  • b) Every person requested by any person authorized by Council to enforce these Regulations shall upon request, forthwith give his/her proper name and address.
8. Penalities
  • a) Pursuant to Section 419 (2) of the Act, each day upon which the same offence is committed or continued is a separate offence;
  • b) Every Person who is guilty of an offence under these Regulations or who acts in contravention of or fails to comply with any provision thereof, or neglects or refuses to do so:
    • i) Shall be guilty of an offense under Section 419 of the Municipalities Act, 1999.
    • ii) Shall be liable to penalties as stipulated in accordance with Section 420 of the Municipalities Act, 1999.
9. Coming Into Effect
These Regulations shall come into effect on the 5th day of July, 2013 A.D.
10. Publication
These Regulations were published in the Shoreline on the 27th day of June, 2013 A.D. and were Gazetted on the 5th day of July, 2013 A.D.
11. Copy to Minister
A copy of these Regulations were sent to the Minister of Municipal Affairs on the 26th day of June, 2013 A.D.
12. Repeal of Previous Regulations and Amendments
All previous Town of Paradise Commercial Vehicle Regulations and amendments are repealed.

 

 

 

 

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