Trailer By-Law - Marmora and Lake

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CORPORATION OF THE MUNICIPALITY OF MARMORA AND LAKE
BYLAW NUMBER 2012-041
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Being a bylaw to regulate the use of travel trailers
on lands in the Municipality of Marmora and Lake.
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WHEREAS the Council of the Corporation of the Municipality of Marmora and Lake
deems it desirable to pass a Bylaw to provide for the regulation of travel trailers.
AND WHEREAS the Municipal Act, 2001, S.0. 2001 c. 25 Section 164 authorizes Council
to enact a Bylaw enabling a local municipality to prohibit or licence trailers located in the municipality;
AND WHEREAS the Municipal Act, 2001, S.O. 2001 c. 25 Section 425 authorizes the
Municipality of Marmora and Lake to pass Bylaw providing that a person who contravenes a Bylaw of
the Municipality of Marmora and Lake passed under that Act is guilty of an offence;
AND WHEREAS the Municipal Act, 2001, S.0. 2001 c. 25 authorizes the Municipality of
Marmora and Lake, amongst other things, to delegate its authority, to impose fees and charges on
persons for services or activities provided or done by or on behalf of it, to provide for inspections
and inspection orders, and to make orders to discontinue activity or to do work;
AND THEREFORE the Council of the Corporation of the Municipality of Marmora and
Lake enacts as follows:
1.1 This Bylaw may be cited as the "Trailer Bylaw".
DEFINITIONS
2.1 "Municipality" means The Corporation of Marmora and Lake
2. 2 "Trailer" means any vehicle constructed to be attached and propelled by a motor vehicle and
that is capable of being used by persons for living, sleeping or eating, even if the vehicle is
jacked-up or its running gear is removed;
2.3 "Vacant land" means a lot of record where there is no legal residential dwelling.
APPLICATION
2.4 No person shall permit the uses and storage of trailers in all zones except for where one or
more of the following apply.
(a) Trailers shall be permitted on Recreational/Resort Commercial Zone.
(b) Trailers shall be permitted where an active building permit exists for that lot zoned
Marginal Agriculture, Rural Residential, Limited Service Residential, Limited Service
Residential Island, Waterfront Residential, Residential First Density, Residential Second
Density or Group Home.
(c) A trailer shall be permitted where a trailer permit has been issued for a lot.
(d) A maximum of one trailer shall be permitted to be parked or stored on a lot zoned
Marginal Agriculture, Rural Residential, Limited Service Residential, Limited Service
Residential Island, Waterfront Residential, Residential First Density, Residential Second
Density or Group Home.
RESTRICTIONS ON PERMITTED TRAILERS
3.1 No person shall permit a trailer to be used for human habitation, except for uses permitted in
section 2.4 (a)(b)(c).
3.2 No person shall permit a trailer to be used in any zone for carrying on business.
3.3 No person shall permit a trailer to interfere in any way with the use of roads and sight lines
related to Municipal roads or driveways off such street. The Bylaw Officer or Manager of
Transportation have the authority to judge if a trailer interferes with the road in any way.
3.4 No person shall permit a trailer to be parked/stored as per section 2.4(d) with services
connected to the trailer, including but not limited to sewer, water and power.
TRAILER PERMIT
4.1 A trailer permit may be issued by the Chief Building Official for use to clear land in
preparation for building on the lot.
4.2 A trailer permit is not intended for and shall not be issued for a recreational use of a lot.
4.3 A trailer permit is good for a maximum of one year.
4.4 A trailer permit must be issued to the owner of a lot, only one trailer permit will ever be
issued to an owner of a lot. A new owner may receive a trailer permit.
4.5 Excessive noise, fire, garbage, mess or disturbance to the community as determined by the
Chief Building Official may result in a trailer permit being immediately revoked.
4.6 Adequate sanitation must be observed or may result in a trailer permit being immediately
revoked.
4.7 Application to the Chief Building Official must be made to obtain trailer permit.
4.8 Agreement to rules related to trailer use shall be signed before issuing of a trailer permit.
4.9 Upon expiration of trailer permit, a building permit must be already granted, or the trailer
shall be removed.
4.10 The Chief Building Official may enter a property at any reasonable time to inspect, where a
application for a trailer permit has been made, or where a trailer permit has been granted.
GENERAL
5.1 The power of entry may be exercised by the Chief Building Official, By-Law officer or agent
of the municipality are authorized to administer and enforce this Bylaw in accordance with
Municipal Act, 2001, S.0. 2001 c. 25.
5.2 Fees under this Bylaw, including fees for services provided, shall be set and approved by
Council from time to time. The fee for a Trailer Permit shall be established at $100.00.
ENTRY AND INSPECTION
6.1 The Chief Building Official and/or Bylaw Officer may enter on land at any reasonable time
and in accordance with the conditions set out in Municipal Act, 2001, S.0. 2001 c. 25
Section 435, 436, 437 and 438 for the purpose of carrying out an inspection to determine
whether or not this Bylaw or order made under it is being complied with.
MUNICIPALITY CARRYING OUT WORK
7.1 Where the municipality is satisfied that a contravention of this Bylaw has been made, the
municipality may issue a work order under Municipal Act, 2001, S.0. 2001 c. 25 Section 445
requiring the person to do work to correct the contravention.
7.2 Where a person does not comply with a work order under this Bylaw the municipality may
take remedial action under Municipal Act, 2001, S.0. 2001 c. 25 Section 446, and recover
the cost by adding the cost to the property tax role.
PENALTIES
8.1 Every person who contravenes any provision of this Bylaw is guilty of an offence.
8.2 Each and every day that a person fails to comply with this Bylaw is considered a separate and
different offence.
8.3 Every person other than a corporation who fails to comply with any provision of this by-law
or an order or other direction made under this Bylaw is guilty of an of an offence and, upon
conviction, is liable to a fine of not more than $10,000 for the first offence and $25,000 for a
second or subsequent offence.
8.3 Every corporation that fails to comply with any provision of this Bylaw or an order or other
direction made under this Bylaw is guilty of an offence and, upon conviction, is liable to a
fine of not more than $50,000 for a first offence and not more than $100,000 for a second or
subsequent offence.
8.4 A person found guilty of an offence shall be liable to penalty pursuant to the provisions of
the Provincial Offences Act, as amended
SEVERABILITY
9.1 If any section or sections of this Bylaw or part thereof, is found in any court of law to be
illegal or beyond the power of the Municipality to enact, such section or sections or part
thereof shall be deemed to be severable and all other section or parts of the Bylaw shall be
deemed to be separate and independent thereof and to be enacted as such.
FORCE AND EFFECT
1. This Bylaw shall come into force and take effect immediately upon the passing there of.
2. Read a First, Second and Third time and finally passed this 4TH day of September, 2012.
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Reeve
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Clerk
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