[36] Bill 89 Original (PDF)

<BILL Pr89 1997

An Act respecting Preamble

The Corporation of the City of Brampton, referred to in this Act as the Corporation, has applied for special legislation to regulate activities on public highways under its jurisdiction.

It is appropriate to grant the application.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: By-laws re public highways

1. Despite any other Act, the council of the Corporation may pass by-laws regulating or prohibiting the selling, offering to sell or displaying of any goods, merchandise, products, refreshments, foodstuffs or flowers on public highways over which the Corporation has jurisdiction. Enforcement

2. (1) A police officer, police cadet, municipal by-law enforcement officer, provincial offences officer or any person authorized by by-law to enforce a by-law passed under this Act, who has reason to believe that any object, vehicle or thing is stopped, parked, placed or left on a public highway under the jurisdiction of the Corporation in contravention of the by-law, may cause it to be removed and taken to and stored in a suitable place. Identification, receipt

(2) If there is a person in charge of the object, vehicle or thing, the person authorized to enforce the by-law shall produce appropriate identification and inform the person that the object, vehicle or thing is on a public highway contrary to the by-law and shall give a receipt to the person for the object, vehicle or thing removed. Lien

(3) Subject to subsections (4) and (5), all costs and charges for the removal, care and storage of any object, vehicle or thing under the by-law are a lien upon it under the by-law which may be enforced by the Corporation in the manner provided by the Repair and Storage Liens Act. Sale

(4) Any object, vehicle or thing removed and stored in accordance with subsection (1) and not claimed by the owner within 60 days is the property of the Corporation and may be sold and the proceeds shall form part of the general funds of the Corporation. Perishable items

(5) Despite subsection (3), any object or thing that is perishable is the property of the Corporation upon being removed in accordance with subsection (1) and may be destroyed or given to any charitable institution. Regional roads

3. A by-law under this Act may apply to a sidewalk or boulevard or any highway within the regional road system established under the Regional Municipalities Act and the Regional Municipality of Peel Act if the Regional Council has passed a by-law under paragraph 73 of section 210 of the Municipal Act. Commencement

4. This Act comes into force on the day it receives Royal Assent. Short title

5. The short title of this Act is the City of Brampton Act, 1997.