THE CORPORATION OF THE MUNICIPALITY OF MACHIN

BY-LAW NUMBER 03-2006

BEING A BY-LAW TO RESCIND BY-LAW NUMBER 1001-94

AND BEING A BY-LAW for the regulation of traffic

The Municipal Council of the Corporation of the Municipality of Machin enacts as follows:

INTERPRETATION:

1. In this by-law

(a) “Curb” means the lateral boundary of a street for the use of motor vehicles, whether marked with curb-stones, concrete, side walk edge or not;

(b) “highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or trestle, designed or intended for, or used by, the general public for the passage of vehicles.

(c) “Intersection” means the area embraced within the prolongation or connection of the lateral curb lines, or, if none, then of the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other

(d) “Serviced Roadway” means the part of the highway that is improved, designed or ordinarily moved for vehicular traffic, and includes the plowed portion of the shoulder and, where a highway includes two or more separate service roadways, the term “serviced roadway” refers to any one serviced roadway separately and not to all the services roadways collectively.

(e) “Access Road” means a road located on land not owned by a municipality and not dedicated and accepted as, or otherwise deemed at law to be, a public highway, that serves as a motor vehicle access route to one or more parcels of land

(f) “Motor Vehicle” includes an automobile, motorcycle, motor assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include motorized snow vehicle, all terrain vehicle or street car

(g) “Motorized snow vehicle” means a motor powered vehicle designed to travel over snow or ice, supported in whole or in part by skis, belts, cleats or tracks.

(h) “All Terrain Vehicle” means a vehicle that is propelled by motorized power and capable of travel on or off a highway as defined in the Highway Act, and that is designated as an all terrain vehicle by regulation

(i) “Registered Gross Weight” means the weight for which a permit has been issued under the Highway Traffic Act, the fee for which permit is based upon the weight of the vehicle or combination of vehicles and load, the same to govern for the purposes of this by-law, regardless of the actual loaded weight.

(j) “Heavy Truck” means any motor vehicle exceeding 11,000 kilograms gross weight or registered gross weight, and any combination of a motor vehicle exceeding a total gross weight or registered gross weight of 11,000 kilograms and towed vehicles exceeding a gross weight of 4,600 kilograms, but does not include a bus carrying passengers, a fire department vehicle, a vehicle owned and/or operated by the Municipality of Machin for the purposes of removing snow from the roadway, a farm tractor, a self propelled implement of husbandry or road building machine.

(k) “Park” or “Parking” when prohibited, means the standing of a vehicle, whether occupied or not, except when standing temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

(l) “Stop” or “Stopping” when prohibited means the 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 police officer or of a traffic control sign or signal

(m) “Officer” includes a warden, a police officer or other person employed for the preservation and maintenance of the public peace, or for the service or execution of the civil process, or any officer appointed for enforcing or carrying out the provisions of this by-law

(n) “Official Sign” means a sign approved by the Ministry of Transportation of Ontario

(o) “Handi-capped Parking” means parking spaces as identifiable by the use of the blue and white “Wheel chair” logo painted on the asphalt and/or posted signs. All designated spaces are clearly marked.

OBEDIENCE TO TRAFFIC REGULATIONS

2. The Provisions of this by-law shall be enforced by a Member of the Police Department or any appointed Municipal Law Enforcement Officer

GENERAL STOPPING AND PARKING REGULATIONS

3. No person shall on a highway stop a vehicle in any of the following places:

(a) within an intersection;

(b) alongside or across the highway from any excavation or obstruction in the roadway when the free flow of traffic would be impeded;

(d) upon any bridge or within a tunnel or underpass;

(e) on any streets in the town sites of Vermilion Bay or Eagle River at any time

4. No person shall on a highway park vehicle in any of the following places:

(a) in front of or within two (2) metres of a driveway or laneway or so as to obstruct vehicles in the use of a driveway or laneway;

(b) within three (3) metres of a point in the edge of the roadway and nearest a fire hydrant in the village of Vermilion Bay;

(d) on any roadway having an overall width of less than six (6) metres;

(e) in front of an entrance to or exit from any building or enclosed space in which persons may be expected to congregate in large numbers;

(f) in such a position as will prevent the removal of any other vehicle previously parked;

(g) on any streets in the town sites of Vermilion Bay or Eagle River at any time

(h) In a clearly marked “handi-capped parking” sign placed in front of the Municipal Buildings set out in Schedule “F” of this by-law

5. When appropriate signs are erected and are on display, no person shall on any highway park any vehicle:

(a) within three and one half (3.5) metres of any intersection

(b) within seven and one half (7.5) metres of any fire hall on the side of the highway on which the fire hall is located;

STOPPING AND PARKING RESTRICTIONS AND PROHIBITIONS ON CERTAIN HIGHWAYS

6. No Parking

When appropriate signs are erected and are on display no person shall park a vehicle on any highway at the side and between the limits set out respectively in columns 1, 2 and 3 to Schedule “A” to this by-law.

THROUGH HIGHWAYS, STOP SIGNS AND YIELD SIGNS

7. (1) The highways set out in Column 1 of Schedule “B” to this by-law, between the limit set out in Column 2 of the said schedule, are, except as provided in Sub-section 2 of this section, hereby designated as through highways.

(2) The designation is sub-section 1 of this section of a highway or part of a highway as a through highway shall not include any intersection thereon where the road intersected is a King’s highway or where traffic control signals are installed.

8. The intersections set out in Column 1of Schedule “C” to this by-law are designated as intersections where stop signs shall be erected at the locations shown in Column 2 of the said Schedule.

9. The intersections set out in Column 1 of Schedule “D” to this by-law are designated as intersections where yield right of way signs shall be erected at the locations shown in Column 2.

10. The Schedules referred to in this by-law shall form part of this by-law and each entry in a Column 1 of such a Schedule shall be read in conjunction with the entry or entries across therefrom and not otherwise.

TOWING

11. A constable or an Officer appointed for the carrying out of the provisions of this By-law; upon discovery of any vehicle parked or standing in contravention of a Municipal by-law, may cause it to be moved or taken to and placed or stored in a suitable place, and all costs and charges for removing, care and storage thereof, if any, are a lien upon the vehicle, which may be enforced in the manner provided by Section 52 of the Mechanic’s Lien Act, R.S.O. 1980, c. 261.

LONG VEHICLES

12. (1) No person shall park a vehicle with a combination of vehicles having an overall length of twelve(12) metres or more on any the highways of parts thereof listed in Schedule “E” hereto.

(2) The provisions of this by-law shall not extend to the use of the said highways or parts of highways for deliveries to or removals from any premises abutting thereon, to ambulances, to police or fire department vehicles, to public utility emergency vehicles, to vehicles actually engaged in works undertaken for or on behalf of the Corporation.

PENALTIES

13. (1) Any person violating any of the provisions of this by-law other than the provisions of Sections 7, 8 and 9 shall be subject to a penalty provided for such Violation in the Highway Traffic Act, exclusive of costs, and all such penalties shall b recoverable under the Ontario Provincial Offences Act.

MOTORIZED SNOW VEHICLES

14. (1) No person shall drive a motorized snow vehicle upon the service roadway of the King’s Highway or of a secondary highway except to cross, to access managed trails and not on private property.

(2) No person shall drive a motorized vehicle across a serviced roadway except at an angle of approximately 90 degrees to the direction of the serviced roadway.

(3) No person shall drive a motorized snow vehicle at a greater rate of speed than twenty (20) kilometres per hour, in a public park or exhibition grounds or fifty (50) kilometres per hour on any highway which is open to motor vehicle traffic where the speed limit established pursuant to the Highway Traffic Act is greater than 50 kilometres per hour.

ALL TERRAIN VEHICLES

15. (1) No person shall drive an all terrain vehicle in a careless, reckless or negligent manner so as to endanger or cause injury or damage to a person or property of another.

(2) No person shall drive an all terrain vehicle in a tree nursery or planting in a manner that may damage or destroy grown stock, on the tracks of an operating railway, on private property without the consent of the owner, lessee or occupant of it, on any Municipal highway or roadway.

(3) No person shall drive an all terrain vehicle in such a manner as to drive, harass, chase, run over, injure or kill wildlife or a domestic animal or in areas, season or periods of time prohibited by the regulations.

THIS By-Law shall come into force and take effect on the day that it is passed.

READ a FIRST, SECOND and THIRD time, and FINALLY passed this 23^rd day of January, 2006.

THE CORPORATION OF THE

MUNICIPALITY OF MACHIN

__________________________

Barbara Beernaerts, MAYOR

__________________________

Tammy Rob, CLERK-TREASURER

SCHEDULE “A” TO BY-LAW 03-2006

NO PARKING

Where appropriate signs are erected and are on display no person shall park a vehicle on any highway at the side and between the limits set out respectively in Columns 1, 2 and 3 at any time:

COLUMN 1 COLUMN 2 COLUMN 3

HIGHWAY BETWEEN SIDE

Arena Lane Willow Street easterly 56 metres Both

Spruce Street Elm Street 30.5 metres North

SCHEDULE “B” TO BY-LAW 03-2006

THROUGH HIGHWAYS

The Highways set out in Column 1, between the limits set out in Column 2 are, except as provided in subsection 2 of Section 7, hereby designated as through highways:

COLUMN 1 COLUMN 2

HIGHWAY BETWEEN

Spruce Street Highway 17 and Armstrong Street

Armstrong Street Highway 17 and Spruce Street

SCHEDULE “C” TO BY-LAW 03-2006

STOP SIGNS

The Intersections set out in Column 1 are designated as intersections where stop signs shall be erected at the locations shown in Column 2:

COLUMN 1 COLUMN 2

INTERSECTIONS FACING TRAFFIC

Armstrong Street and Highway 17 Northbound on Armstrong Street

Armstrong Street and Pine Avenue Eastbound on Pine Avenue

Armstrong Street and Maple Avenue Eastbound on Maple Avenue

Spruce Avenue and Bay Street Northbound on Bay Street

Spruce Avenue and Main Street Northbound and Southbound on Main Street

Spruce Avenue and Willow Street Northbound and Southbound on Willow Street

Spruce Avenue and Livengood Road Southbound on Livengood Road

Spruce Avenue and Elm Street Southbound on Elm Street

Spruce Avenue and Highway 17 Eastbound on Spruce Street

Oak Street and Pine Avenue Northbound and Southbound on Oak Street

Bay Street and Railway Avenue Eastbound and Westbound on Railway Avenue

Willow Street and Livengood Road Westbound on Livengood Road

Willow Street and Arena Lane Westbound on Arena Lane

Elm Street and Highway 17 Northbound on Elm Street

Hanslip Road and Highway 17 Northbound on Hanslip Road

Vermilion Bay Dump Road and Southbound on Dump Road

Highway 647

Tower Road and Highway 17 Southbound on Tower Road

Cooks Road and Highway 105 Westbound on Cooks Road

Vermilion Bay Cemetery and Highway 17 Northbound on Cemetery

Harry Komm Drive and Highway 17 Northbound on Harry Komm Drive

Lindquist Road and Highway 17 Southbound on Lindquist Road

Dymterko Road and Highway 17 Southbound on Dymterko Road

South Baptist Church Road and Northbound on South Baptist

Highway 17 Church Road

North Baptist Church Road and Southbound on North Baptist

Highway 17 Church Road

Kondra Road and Highway 17 Northbound on Kondra Road

Calvert Road and Highway 17 Southbound on Calvert Road

Strelski Road and Highway 17 Southbound on Strelski Road

Kamm Road North and Highway 17 Southbound on Kamm Road North

Minnitaki Road North and Highway 17 Southbound on Minnitaki Road North

Howell Road East and Minnitaki Westbound on Howell Road

Road North East

Minnitaki Road South and Highway 17 Northbound on Minnitaki Road South

Minnitaki Road South and Highway 17 Southbound on Minnitaki Road South

Minnitaki Road South and Berglund Road Eastbound on Berglund Road

Berglund Road and Lichty Road Northbound on Lichty Road

Ojibway Drive and Highway 594 Northbound on Ojibway Drive

Lyle Road and Highway 594 Northbound on Lyle Road

Airport Road and Highway 594 Northbound on Airport Road

Plummer Road and Highway 594 Southbound on Plummer Road

Marcellus Loop Road and Highway 594 Eastbound on Marcellus Loop Road

Baptist Church Road South and Northbound on Baptist

Roussin Road Church Road South

Baptist Church Road South and Eastbound on Mason Road

Mason Road

Mason Road and Highway 594 Westbound on Mason Road

Powerline Road and Highway 594 Northwestbound on Powerline Road

Friendship Drive and Highway 594 Northbound on Friendship Drive

Cascade Road and Townline Road Northeastbound on Cascade Road

Fredrickson Road and Townline Road Westbound on Fredrickson’s Road

River Point Road and Townline Road Westbound on River Point Road

Thompson Road and River Point Road Northeastbound on Thompson Road

Temple Bay Road and River Point Road Southwestbound on Temple Bay Road

Detour Point Road and Temple Bay Road Northwestbound on Detour Point Road

Danielson Road and Temple Bay Road Eastbound on Danielson Road

Spruce Street and Oak Street Westbound on Spruce Street

Wall Road and Highway 594 Southbound on Wall Road

Caban Road and Highway 594 Northbound on Caban Road

Friendship Centre Drive and Highway 594 Northbound on Friendship Centre Drive

Friendship Centre Drive and Highway 594 Westbound on Friendship Centre Drive

Temple Road West and Cedar Point Road Northbound on Temple Road West

Grant Road and Highway 594 Eastbound on Grant Road

Armstrong Street and Spruce Avenue Northbound on Armstrong Street

Armstrong Street and Spruce Avenue Eastbound and Westbound on Spruce Avenue

SCHEDULE “D” TO By-LAW 03-2006

YIELD RIGHT OF WAY SIGNS

COLUMN 1 COLUMN 2

INTERSECTION FACING TRAFFIC

Oak Street and Public Lane “B” Westbound on Public Lane “B”

Poplar Street and Maple Avenue Westbound on Maple Avenue

Poplar Street and Spruce Avenue Northbound and Southbound on Poplar Street

Poplar Street and Railway Avenue Southbound on Poplar Street

Armstrong Street and Railway Avenue Southbound on Armstrong Street

Main Street and Railway Avenue Southbound on Main Street

SCHEDULE “E” TO BY-LAW 03-2006

PARKING OF LONG VEHICLES PROHIBITED ON THE FOLLOWING STREETS, IN THE VILLAGE OF VERMILION BAY, ONTARIO AS INDICATED IN THE TABLE BELOW:

OAK STREET ARMSTRONG STREET

PINE AVENUE SPRUCE AVENUE

RAILWAY STREET POPLAR STREET

MAPLE STREET WILLOW STREET

LIVENGOOD ROAD ELM STREET

ARENA LANE TOWER ROAD

PRIMROSE LANE

SCHEDULE “F” TO B-LAW NUMBER 03-2006

A disabled parking permit is given to an individual who meets criteria including being unable to walk without assistance for more than 200 metres (218 yards) in eight minutes or less without great difficulty or danger to his or her health or safety. His or her condition must be certified by a doctor. A person’s age does not qualify him or her for a permit. Applicants can apply even if they do not own a car or have a driver’s licence. An organization operating on a non-profit basis to provide transportation services to disabled persons may be issued a number of permits equal to the number of vehicles owned or leased by the organization. A company may be issued a number of permits equal to the number of vehicles owned or leased by the company primarily to provide transportation services to disabled persons.

GENERAL PARKING WITHOUT A VALID IDENTIFICATION LABEL IN A CLEARLY DESIGNATED “HANDI-CAPPED” PARKING PROHIBITED AT THE FOLLOWING MUNICIPAL BUILDINGS:

WOODLAND ARENA MACHIN CLINIC

MUNICIPAL OFFICE BUILDING VERMILION BAY WATER TREATMENT PLANT

EAGLE RIVER RECREATION CENTRE