Concerning Parking Enforceable By The Sureté Du Québec
CANADA
PROVINCE OF QUEBEC
MUNICIPALITY OF SHAWVILLE
BY-LAW S.Q. 2023-01
CONCERNING PARKING ENFORCEABLE BY THE SURETÉ DU QUÉBEC
WHEREAS : under section 79 of the Municipal Powers Act (Q.R.S., chapter C-47, 1), any local municipality may adopt by-laws relating to parking;
WHEREAS : the municipality has received a request from the MRC of Pontiac asking that it update its by-laws relating to penal matters;
WHEREAS : Councillor Julien Gagnon, gave notice of motion at a regular meeting of council held July 11, 2023;
CONSEQUENTLY it is moved by Katie Sharpe, that by-law number 2023-01 repeals and replaces all previous By-Law concerning parking, as enforceable by the Sureté du Québec
IT IS RESOLVED that the following by-law be adopted:
“Preamble” SECTION 1 The preamble forms an integral
part of this by-law.
The appendices attached to this by-law form an integral part of it.
“Definitions” SECTION 2 For the purpose hereof, the term “road vehicle” means:
For purposes of this definition of a road vehicle is as follows: A motorized vehicle that can travel on a roadway, including but not limited to all-terrain vehicles, snowmobiles, trailers, semi-trailers, detachable axles and motorcycles.
However, vehicles that can only run on rails and electrically powered wheelchairs are excluded from the definition of road vehicles.
“Signs” SECTION 3 The municipality authorizes the person responsible for the maintenance of a public road to install signs or parking meters indicating stopping and parking zones.
“Responsible” SECTION 4 The owner whose name is recorded with the Société de l’assurance automobile du Québec or an organization, government entity or other comparable to the SAAQ, may be declared guilty of an offence relating to parking by virtue of this by-law.
“Prohibited SECTION 5 Parking or stopping a road vehicle
Place on a public road at places where signs or parking meters indicate a violation is prohibited.
“Permitted
period” SECTION 6 Parking or stopping a vehicle beyond the time limit authorized by a sign or a parking meter is prohibited.
“Winter” SECTION 7 Parking or stopping a vehicle on a public road between midnight and 6:00 a.m. from 15th, November to 15th, April is prohibited on the whole territory of the municipality.
“Removable
signs” SECTION 8 Parking or stopping a road vehicle on a public road in areas:
a) where movable parking signs have been installed, in cases of emergencies or for special events, is prohibited.
b) in a place where movable signs or posters indicate plowing operation or construction work;
“Handicapped persons”
SECTION 9 Parking or stopping a road vehicle on a public road in a parking space reserved for the exclusive use of handicapped persons is prohibited, unless such a road vehicle is equipped with one of the following plates or labels:
- Identification label delivered in accordance with section 11 of the Highway Safety Code (R.S.Q. C. C-24.2), in the driver’s name, or that of an accompanying person or the establishment that employs the driver and placed where determined by a government regulation;
- A label, plate or permit, displaying the international wheelchair symbol by another administrative authority in Canada, the United States or by a member or associate country of the European Conference Ministers of Transport.
Where the vehicle is equipped with a label issued pursuant to subparagraph a) of the first paragraph, the driver or passenger shall, on demand by a peace officer, produce for examination the certificate of the Corporation evidencing issuance of the label.
In addition to public roads, this section applies to private roads open to public vehicular traffic and to shopping mall property and other property where the public is permitted to travel.
POWERS GRANTED TO PEACE OFFICERS
“Moved” SECTION 10 In the context of the duties exercised by virtue of this by-law, a peace officer may remove or have removed, at the owner’s expense, any road vehicle that is parked, in the case of snow removal or in the following emergency situations:
a) the road vehicle interferes with traffic to the point of being a risk for public safety;
b) the road vehicle interferes with the work of firemen, policemen or any other officials at the time of an event involving public safety.
PENAL PROVISIONS
“Application” SECTION 11 Council authorizes all peace officers of the Sureté du Québec to undertake criminal proceedings against any contravener, and to issue statements of violation for any infraction to one of the provisions of the by-law.
“Penalties” SECTION 12 Anyone who contravenes one of the sections (5, 6, 7, 8) of this by-law commits an offence and is liable, over and above expenses, to a minimum fine of one hundred dollars ($100.00).
SECTION 13 Anyone who contravenes section 9 of this by-law commits an offence and is liable, over and above fees, to a fine of two hundred dollars and fifty dollars ($250.00).
“Abrogation” SECTION 14 This by-law abrogates any previous municipal by-laws, including by-law 2011-01, which are incompatible with its provisions.
“Coming into
force” SECTION 15 This by-law shall become effective according to law.
By-Law 2023-01 was adopted by the Municipal Council during a meeting held August 8, 2023 and signed by the Mayor and the Director General.
__________________________ _____________________________
Bill McCleary Crystal Webb
Mayor Director General
CERTIFICATE OF PUBLICATION
I, the undersigned, residing in Bristol, Québec, do hereby certify under my oath of office, that I have published the public notice relating to By-Law No. S.Q. 2023-01 by posting two copies thereof, at the places designated by the Council between the hours of two and four o’clock in the afternoon on the 11th day of August 2023.
____________________________
Crystal Webb
Director General
