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Derelict & Unlicensed Vehicles
Published by Authority

Pursuant to the power conferred by Section 414 of the MUNICIPALITIES ACT, SNL 1999 CHAPTER M-24 as amended, the Town Council of the Town of North West River has made the following regulations.

1. a) "Act" means the Municipalities Act.
b) "Building" includes a garage but does not include a carport, tarp or covering for a vehicle.
c) "Council" means the Town Council of North West River.
d) "Derelict vehicle" means a motor vehicle, tractor, trailer, truck, camper, boat, motorcycle, demolition endurance vehicle, motorized snow vehicle, mechanical equipment, all-terrain vehicle, machinery or parts thereof, or any vehicle drawn, propelled or driven by any kind of power or any part thereof, that is not in an operating condition and is discarded, rusted, has deflated tires, wrecked or partly wrecked, or is dismantled or partly dismantled.
e)"Occupant" means any person or persons over the age of eighteen years in possession of a property.
f) "Owner" means the registered owner or any person, firm or corporation having control over, or possession of any portion of the building or property and includes the persons occupying the building or property.
g) "Person" includes an individual, firm, proprietorship, partnership, association, syndicate, trust, corporation, department, bureau and agency;
h) "Town" means the Town of North West River as defined by Order-in¬-Council dated 1958, A.D. and any amendments thereto, and made under provisions of the said Act.
i) "Town Manager/Clerk" means any person appointed as such by Council.
j) "Unlicensed vehicle" means a motor vehicle, tractor, trailer, truck camper, boat, motorcycle, demolition endurance vehicle, motorized snow vehicle, or any vehicle drawn, propelled or driven by any kind of power or any part thereof, that is not insured and registered in accordance with The Highway Traffic Act or the Motorized Snow Vehicles and All-Terrain Vehicles Act and does not have a current, valid license plate attached to it, but does not include a derelict vehicle.

2. From and after the date of passing these regulations, no person shall:
a) Park, store or leave a derelict vehicle or unlicensed vehicle on private or public property, unless stored in a building.
b) Permit a derelict vehicle or unlicensed vehicle to be parked, stored or left on their private property, unless stored in a building.

3. Notwithstanding section 2,
a) an owner or occupant of private property may permit one (1) unlicensed vehicle to be parked, stored or left on their property in a designated driveway or parking space.
b) the operator of a licensed vehicle repair facility or a licensed used or new car sales facility may apply to Council for permission to store unlicensed vehicles offered for sale to the public under terms and conditions set by the Council.
c) the operator of a licensed salvage yard is exempt from these regulations in regards to their licensed property

4. The Council or its Town Manager/Clerk may order the removal of any derelict vehicle or unlicensed vehicle parked , stored or left on private or public property by notification of the property owner, vehicle owner, or property occupant by Registered Mail or where the owner or occupant is not known by posting a notice on the property or vehicle for a period of ten (10) days.

5. Upon failure of a person notified under section 4. to remove a derelict vehicle or unlicensed vehicle within the time period specified in the notice, the Council may, with its own forces or by others, enter upon the property and remove the vehicle and dispose of it in a suitable manner.
a) The cost of such removal shall become a constitute a lien upon that real property .
b) A lien under this section ranks in priority over a grant, deed, lease or other conveyance and over a judgment, mortgage or other lien or encumbrance affecting the real property or the title to the real property to which the lien applies.
c) Where proceedings are taken to enforce a lien imposed under this section, the lien shall continue in force until the completion of the proceedings or for 10 years, whichever is sooner. The registration of a grant, deed, lease or other conveyance or of a judgment, mortgage or other lien or encumbrance, whether it was before or after the time the lien attached, does not affect the priority of the lien.
d) It shall not be necessary to register a lien imposed under this section in the Registry of Deeds established under the Registration of Deeds Act .

6. No action lies against any person acting in good faith for anything done or proposing to be done under these regulations.

7. Any person who contravenes any of the provisions of these regulations is guilty of an offense and is liable on summary conviction to a fine not exceeding one thousand dollars ($1000.00) or in default of payment of such penalty to imprisonment for a period not exceeding ninety (90) days, or to both such fine and imprisonment in accordance with Section 420 of the Municipalities Act.

8. These regulations were adopted and passed by Council at a meeting held on the 7th day of June, 2010 and may be cited as the Town of North West River Derelict and Unlicensed Vehicle Regulations 2010.
 

2015 Town of North West River

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