Reduced Load Limit By-law 2019-23

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A By-law to establish reduced load restrictions for motor vehicles within the Town of Bradford West Gwillimbury.

WHEREAS Section 122, Subsection 7 of the Highway Traffic Act, R.S.O. 1990, chapter H.8 provides that the municipal corporation having jurisdiction over a highway may by by law designate the date on which a reduced load period shall start or end and the highway or portion thereof under its jurisdiction to which the designation applies;

AND WHEREAS the Council of the Corporation of the Town of Bradford West Gwillimbury deems it necessary and expedient to provide for reduced load periods on highways for the protection of certain highways;

NOW THEREFORE the Council of The Corporation of the Town of Bradford West Gwillimbury hereby enacts as follows:

1. That for the purposes of this By-Law, the definition of “Highway” shall include a common and public highway, street, avenue, parkway, driveway, square, place, trail, crescent, court, bridge, viaduct, trestle, or an unopened and unassumed highway, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property line thereof.
   
   
2. That pursuant to Section 122, Subsections 1, 2, 3 and 4 of the Highway Traffic Act a Reduced Load Period shall apply to all the Highways within and under the jurisdiction of the Town of Bradford West Gwillimbury with the exception of the road sections listed in Schedule “A”, attached hereto and forming part of this By-Law, during the period from the 1st day of March to the last day of April, inclusive in each and every year.
   
   
3. That pursuant to Section 122, Subsection 4, that public transit vehicles operated by or on behalf of the Town of Bradford West Gwillimbury, or other government organizations or agencies are exempt to the Reduced Load Period restrictions.
   
   
4. That the Chief Administrative Officer or designate may, at any time where circumstances warrant, either extend the Reduced Load Period set out in Section 2 above, or impose such additional Reduce Load Period at any time during the year as may be required.
   
   
5. That pursuant to the provisions of Section 110 of the Highway Traffic Act, the Corporation of the Town of Bradford West Gwillimbury may consider exemptions. Special temporary exemptions may be considered specific to development related projects with an approved site plan agreement upon the application in writing to the Director of Community Services or Manager of Transportation Services, for the moving of heavy vehicles, loads, objects or structures, in excess of the allowable restrictions as set out in Section 109 and Part VIII of the Highway Traffic Act.
   
   
6. That this By-Law shall apply to all Highways not listed in Schedule “A” that in the future come under the jurisdiction of the Town of Bradford West Gwillimbury by downloading, assumption, or new construction without having to amend Schedule “A” of the By-Law.
   
   
7. That the Reduced Load Period for any Highway under the jurisdiction of the Town of Bradford West Gwillimbury shall become effective until appropriate signs have been erected and are on display.
   
   
8. That every person who contravenes any of the provisions of this By-Law is guilty of an offence and on conviction is liable to a penalty as provided for in the Highway Traffic Act.
   
   
9. That should any section, subsection, clause, paragraph or provision of this By Law, including any part of Schedule “A” be declared by a court of competent jurisdiction to be ultra vires, invalid or illegal for any reason, the same shall not affect the validity of the rest of this By-Law.
   
   
10. That this By-Law shall be cited as the “Reduced Load Limit By-Law”.
    
    
11. That Town of Bradford West Gwillimbury By-Law No. 94-003, 94-081, 95-076, 98- 051, 2016-40, be repealed and all amendments thereof.
    
    
12. This By-law shall come into force and take effect on the date it is enacted.

Enacted this 5th day of March, 2019.

Original signed by Rebecca Murphy, Clerk and Rob Keffer, Mayor.

Schedule 'A'