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Town of LaSalle By-law
By-law No: 4581
Description: A By-law to regulate
vehicular parking within the limits of the Township of Sandwich
West.
Date Passed: April 10, 1990
WHEREAS pursuant to the provisions of The
Municipal Act, R.S.O. 1980, Chapter 302, subsections 210(45),
210(118), 210(119), 210(125) and 210(150), the Council of a
municipalities is empowered to pass By-laws regarding fire route
designations, the parking of motor vehicles on designated parts of
highways for specific periods, parking on private property and
parking for the physically handicapped;
AND WHEREAS it is deemed expedient to pass
By-laws to regulate vehicular parking within the Township of
Sandwich West;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE TOWNSHIP OF SANDWICH WEST HEREBY ENACTS AS FOLLOWS:
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PART I
INTERPRETATION
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| 1. |
In this By-law,
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(1) |
"Boulevard" shall mean any sidewalk, pathway, footpath or
crosswalk used or set aside for the use of pedestrians or being any
part of any park or any ornamental median strip of the highway; |
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(2) |
"Chief of Police" shall mean the Chief of Police of The
Corporation of the Township of Sandwich West or his authorized
subordinates; |
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(3) |
"Corporation" shall mean The Corporation of the Township of
Sandwich West; |
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(4) |
"Council" shall mean the Council of the Corporation;
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(5) |
"Crosswalk" shall mean any portion of a roadway at an
intersection or elsewhere distinctly indicated for pedestrian
crossing by signs or by lines or other markings on the surface; |
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(6) |
"Curb" shall include the edge of the travelled portion of a
street; |
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(7) |
"Designated Handicapped Parking Space" shall mean a parking
space marked by a sign or otherwise, indicating such space to be for
the sole use of vehicles operated by or conveying a physically
handicapped person and in respect of which a permit has been issued;
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(8) |
"Fire Route" shall mean a fire route designated as provided by
this By-law and listed in Schedule * , annexed hereto; |
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(9) |
"Gross Weight" shall mean the combined weight of the vehicle and
load; |
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(10) |
"Intersection" shall mean the area embraced within the
prolongation or connection of the lateral curb lines or, if none,
then of the lateral boundary lines of two or more streets, which
join one another at an angle, whether or not one street crosses the
other; |
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(11) |
"Loading Zone" shall mean an area or place on a street
established by authority of this By-law for accommodation of
commercial vehicles and the loading or unloading of goods, wares,
merchandise or passengers; |
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(12) |
"Municipality" shall mean the geographic Municipality of the
Township of Sandwich West; |
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(13) |
"Operator" shall mean any person who operates or is in charge
of a vehicle upon a street; |
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(14) |
"Park", "Parked" or "Parking" shall mean the standing or
stopping of a vehicle, whether occupied or not, except when standing
temporarily for the purpose of and while actually engaged in loading
or unloading merchandise or passengers; |
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(15) |
"Physically Handicapped Person" shall mean:
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(a) |
a person who is physically handicapped in such a way that his or
her mobility is seriously restricted, including, among others, a
person who uses a wheelchair, crutches, braces or other mobility
assisting devices, or, |
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(b) |
a person who holds a handicapped parking permit issued by a
municipality in Ontario; |
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(16) |
"Set Fine" shall mean the fine for parking infractions pursuant
to the Provincial Offences Act Part II as set by the Chief Judge of
the Province of Ontario; |
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(17) |
"Sign" shall mean any sign or roadway, curb or sidewalk marking
or other device placed or erected under the authority of this By-law
for the purpose of regulating, warning or guiding traffic; |
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(18) |
"Stop" or "Stopping" shall mean a vehicle's complete cessation
of movement; |
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(19) |
"Street" shall include a common or public highway, street,
avenue, parkway, driveway, square, place, alley, bridge, viaduct, or
trestle or any part of which is design or intended for or used by
the general public for the passage of vehicles, and includes the
area between the lateral property lines thereof; |
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(20) |
"Taxicab Stand" shall mean the designated portion of a street
adjacent to the curb where a designated number of taxicabs may stand
while waiting for fares or while loading or unloading passengers; |
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(21) |
"Street" shall include a common or public highway, street
,avenue, parkway, driveway, square, place, alley, bridge, viaduct,
or trestle or any part of which is designed or intended for or used
by the general public for the passage of vehicles, and includes the
area between the lateral property lines thereof; |
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(22) |
"Vehicle" shall mean a motor vehicle, trailer, traction engine,
farm tractor ,road building machine, and any vehicle drawn,
propelled or driven by any kind of power, including muscular power,
but does not include the cars of electric or steam railways running
only upon rails. |
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PART II
GENERAL
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| 2. |
Where any expression of times occurs or any
hour or other period of time is stated, the time referred to shall
be standard time or daylight saving time, whichever shall be
proclaimed to be in effect in the Corporation.
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| 3. |
Subject to the approval of Council, the
Chief of Police is hereby authorized to place or erect signs and to
maintain such signs as may be necessary to give effect to the
provisions of this By-law, or as are required to warn or guide and
direct traffic for the safety and convenience of the public.
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| 4. |
Every person in charge of a vehicle and
every person on any street shall comply with the requirements of
every sign, symbol or mark legally erected or placed for the
control, direction or regulation of traffic.
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| 5. |
Signs for the purpose of guiding and
directing traffic may be erected in locations designated by the
Chief of Police, subject to the approval of Council.
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| 6, |
No person shall willfully or deliberately
move, alter, deface or otherwise interfere with any sign, signal,
marking or device erected or placed pursuant to the provisions of
this By-law.
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| 7. |
Any and all Schedules attached to this
by-law shall form a part of this By-law.
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| 8. |
The members of the Police Department and the
Provincial Offences Officers of the Corporation shall have the duty
of enforcing the provisions of this By-law.
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PARKING AND STOPPING REGULATIONS
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| 9. |
No person shall park or stop a vehicle in an
area designated as a "No Parking" area as designated on Schedule *
attached hereto. |
| 10. |
(a) |
No person shall park a vehicle on any street, other than a
one-way street save and except on the right hand side of the street
having regard for the direction in which the vehicle had been
proceeding.
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(b) |
No person shall park a vehicle on any street unless the right
front and right rear wheels or runners of the vehicle are parallel
to and distant respectively not more than 15 centimeters from the
edge of the street.
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| 11. |
(a) |
Parking on an angle shall be permitted on certain streets or
parts thereof as set out in Schedule B hereof ;
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(b) |
No person shall park a vehicle on an angle on a street where
angle parking is permitted unless the vehicle is parked at an angle
of 45 degrees with reference to the curb, is within the parking
space designated on the said street, and the front portion of the
vehicle is nearest to the curb.
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| 12. |
No operator of a vehicle used for the
purposes of delivering goods, wares or merchandise, milk or bread,
or any other commodity shall, when stopping to make a delivery, or
any taxicab stopping to take on or discharge a passenger, stop his
or her vehicle on a street, save and except at the right-hand curb
of the street.
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| 13. |
(a) |
A police officer may require the removal of a parked vehicle
from a street when the officer is of the opinion that traffic
congestion, proximity of a fire or any other condition renders the
removal of a parked vehicle necessary or desirable.
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(b) |
The owner or operator of a vehicle parked at the curb of any
street shall, at the request of a police officer, move the said
vehicle as directed by the police officer.
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| 14. |
No person operating a vehicle shall
intersect a funeral cortege or other procession.
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| 15. |
No person shall park a vehicle at any time:
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(a) |
On any street for a longer period of time than eight hours; or |
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(b) |
Within ten feet (10') of a fire hydrant; or
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(c) |
Within a thirty-foot (30') space immediately in front of the
main entrance to theatres, apartment houses, churches, hospitals,
hotels, theatre exits and other places of assembly; or |
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(d) |
On any bridge or any subway, or on the approaches thereto or in
any alley; or |
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(e) |
In such a position as to prevent the convenient removal of any
other vehicle previously parked; or |
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(f) |
On the same side of the street alongside of and parallel or
nearly parallel to another vehicle already parked at the curb of
such street; or |
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(g) |
Immediately in front of any driveway.
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| 16. |
When properly worded and marked signs have been erected and are
on display, no person shall park a vehicle :
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(1)(a) |
Within fifty feet (50') of any intersection on any street
designated as a "through street ", on Schedule
C hereof, and in all
other cases within twenty feet (20') of an intersection, except
where otherwise provided in this By-law; or |
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(b) |
Within the area designated as a bus or coach stop on any street;
or |
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(c) |
Within twenty-five feet (25') of a Fire Hall on that side of the
street on which a Fire Hall is located, or within one hundred feet
(100') of such Fire H a l l on the opposite side of the said street;
or |
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(d) |
Other than a taxicab, with in any area or location established
by By-law as a taxicab stand; or |
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(e) |
On any street or portion of street set out in Schedule
C hereof;
or |
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(f) |
On any street along the curb adjacent to school premises between
the hours of 8:00 A.M. and 5:00 P.M., except on Saturdays, Sundays
and any other school holidays; or |
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(g) |
in any designated loading zone during the hours and the days as
provided by this By-law. No person shall park or, being the
owner thereof permit to be parked, any commercial vehicle of a
capacity of more than one ton on any street in the Municipality, the
travelled portion whereof is less than thirty feet (30') wide.
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| 17. |
When properly worded or marked signs have been erected and are
on display, no person shall park a vehicle at any time on the
streets or portions of streets set out in Schedule
C hereof .
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| 18. |
No person shall park, on any street, a vehicle that is
advertised or displayed for sale.
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| 19. |
No person, while operating a taxicab for
hire and while waiting for a hire engagement, shall park on a street
unless the parking is done in accordance with the provisions of this
By-law.
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| 20. |
No vehicle shall be parked on, over or
along any boulevard, sidewalk, pathway, footpath or crosswalk used
by or set aside for the use of pedestrians and forming part of any
street.
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HANDICAPPED PARKING
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| 21. |
The Clerk of the Corporation is hereby
authorized and directed to issue parking permits to physically
handicapped persons, or to operators of vehicles exclusively
designed for the transportation of physically handicapped, however,
that no such permit shall be issued until such time as the applicant therefor has executed and filed with the Corporation an undertaking
to comply fully with all rules and regulations that may from time to
time be incorporated in such undertaking, and without limiting the
generality of the foregoing, the applicant shall agree to surrender
the permit upon the expiration of the permit by lapse of time or
otherwise.
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| 22. |
No person shall park any vehicle in any
parking space designated by a handicapped parking sign unless the
said vehicle is operated by or is carrying a handicapped person and
he or she has been issued a permit under the provisions of this
By-law, which permit shall be displayed at the driver's side of the
front windshield of such vehicle while parked.
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| 23. |
No person who has been issued a handicapped
parking permit shall park any vehicle in any parking space
designated by a handicapped parking sign for a period in excess of
three hours.
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| 24. |
No person, other than a physically
handicapped person, shall acquire or use a handicapped parking
permit.
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PART III
FIRE ROUTES
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| 25. |
The Council of the Corporation is hereby
authorized to designate any route as a "Fire Route" and upon the
designation of a fire route by Council, the Chief of Police is
authorized to place or erect and to maintain such signs as may be
necessary to give effect to the designation of such route as a fire
route, or such as may be required to warn, guide or direct traffic
in a fire route for the safety and convenience of the public.
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| 26. |
No person shall park or stop a vehicle in
an area designated by a sign as a designated Fire Route as set out
in Schedule C hereof.
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PART IV
VIOLATION AND PENALTY
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| 27. |
Where any
vehicle is parked in contravention of any of the provisions
of this By-law, a police-officer may cause it to be moved or
taken to and placed in storage and all costs for the
removing and storage of the vehicle shall be a lien upon the
vehicle which may be enforced in a manner provided for in
the Mechanic's Lien Act.
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| 28. |
Every person who contravenes any of the
provisions of this By-law is guilty of an offence and on conviction,
where a penalty for the contravention is not otherwise provided for
herein, is liable to a fine of not more than $2,000.00, exclusive of
costs, and every such penalty shall be recoverable under The
Provincial Offences Act, R.S.O. 1980, Chapter 400 as amended.
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| 29. |
The owner of
a vehicle that is parked in contravention of this By-law is
guilty of an offence and on conviction is liable to such
fines as provided in this By-law, unless the owner proves to
the satisfaction of the Court that at the time of the
offence the motor vehicle was in the possession of another
person without the owner's consent, expressed or implied.
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| 30. |
Where it is alleged that there has
been in respect of any vehicle a violation of any of the provisions
of this by-law and notice of such alleged violation has been given
to the owner or driver of such motor vehicle by means of a parking
infraction notice, issued by members of the Police Department or by
Provincial Offences Officers and attached to or left within such
vehicle, or delivered to the operator thereof, the owner or driver
(hereinafter called the "defendant") or any persons on his behalf
may within seven (7) days in person or by mail at 5950 Malden Road,
Windsor, Ontario N9H 1S4, after the time and date marked on such
parking infraction notice, voluntarily pay the By-law Payment of:
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(i) |
the sum of $10.00 with regard to each violation of any provision
of this By-law save and except sections 20 and 24 of this By-law;
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(ii) |
the sum of $25.00 with regard to each violation of sections 20
and 24 of this by-law; AND upon presentation of such parking
infraction notice, and if such voluntary payment is duly made, no
further proceedings against the defendant for such violation shall
be taken.
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| 31. |
The defendant may, within fifteen days of
the service of the parking infraction notice, plead not guilty by
signing the not guilty plea on the parking infraction notice and
thereafter the Clerk of the Court shall give notice of trial
pursuant to The Provincial Offences Act, R.S.O. 1980, c. 400, as
amended.
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| 32. |
Failure by the defendant to pay the
voluntary By-law payment as set out in Section 30 herein, or to
plead not guilty within fifteen days of the service of the parking
infraction notice, shall render the defendant liable to prosecution
pursuant to The Provincial Offences Act, R.S.O. 1980, c. 400.
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| 33. |
Where it is alleged that in respect of a
vehicle there has been a violation of any of the provisions of this
By-law and the amount of the By-law payment has not been made in
accordance with section 30 of this By-law, nor a plea of not guilty
filed in accordance with section 31 of this By-law, then on any day
after the issuance of the Parking Infraction Notice, but before the
Certificate of Parking Infraction has been filed with the Provincial
Court, the defendant may pay the set fine for the offence by mail or
in person at 5950 Malden Road, Windsor, Ontario.
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| 34. |
By-laws numbered 2910, 3988, 3989, 4049,
4521, 4522 be and the same are hereby repealed.
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| 35. |
This By-law shall come into force and take
effect on - the final passing thereof. |
FINALLY PASSED this 10th day of April
1st reading - April 10, 1990
2nd reading - April 10, 1990
3rd reading - April 10, 1990
SCHEDULE "A" TO BY-LAW NUMBER 4581 OF THE
TOWNSHIP OF SANDWICH WEST, FINALLY PASSED ON THE 10TH DAY OF APRIL
A.D. 1990, AND BEING A BY-LAW TO REGULATE PARKING WITHIN THE LIMITS
OF THE TOWNSHIP OF SANDWICH WEST.
NO PARKING
Matchette Road from Windsor City Limits t o
Martin Lane.
Malden Road.
Huron Church Line Road north of Highway No. 3.
Highway No. 3.
Howard Avenue.
Anderdon Town Line.
Whaneta Street, on the North Side from Front Road to Detroit River.
SCHEDULE "B" TO BY-LAW NUMBER 4581 OF THE
TOWNSHIP OF SANDWICH WEST, FINALLY PASSED ON THE 10TH DAY OF APRIL
A.D. 1990, AND BEING A BY-LAW TO REGULATE PARKING WITH IN THE LIMITS
OF THE TOWNSHIP OF SANDWICH WEST.
ANGLE PARKING
NONE
SCHEDULE "C" TO BY-LAW NUMBER 4581 2 THE TOWNSHIP
OF SANDWICH WEST, FINALLY PASSED ON THE 10TH DAY OF APRIL A.D. 1990
, AND BEING A BY-LAW TO REGULATE PARKING WITHIN THE L I M I T S OF
THE TOWNSHIP OF SANDWICH WEST.
THROUGHSTREETS
Huron Church Line Road for its full length in
the Township of Sandwich West.
Malden Road from the Windsor City Limits to but
not including No 18 Highway
Howard Avenue from the Windsor City Limits to
and including its intersection with the Anderdon Town Line
Matchette Road from Elliott Road (Sprucewood
Avenue) to Reaume Road, from Reaume Road to Bouffard Road, from
Bouffard Road to Laurier Drive, from Laurier Drive to Martin Lane.
Anderdon Town Line Road from the intersection
first west of Howard Avenue to the intersection first east of Malden
Road
Fifth Concession Road from No.3 Highway to and
including the intersection of Daytona Avenue.
Sixth, Seventh and Eight Concession Roads
excepting the intersections thereof with Howard Avenue and the Huron
Church Line Road, both of which are through streets at these places.
Bouffard Road from and including the
intersection first west of Disputed Road to and including the
intersection first east of Malden Road.
Langlois Avenue (Morton Drive) with the
exception of its intersection with Malden Road, Matchette Road, and
Highway No 18 which are through streets at these places
Elliott Road (Sprucewood Avenue) from the
Windsor City Limits to the Malden Road
Martin Lane, excepting the intersection with
Malden Road and Highway No 18, which are through streets at these
places.
Canard Drive, excepting the intersections with
Malden Road and the Anderdon Town Line both of which are through streets
at these places.
Snake Lane excepting the intersections with Canard Drive and Kelly
Road both of which are throuqh streets at these places.
Todd Lane with the exception of its
intersection with Malden Road and the Huron Church Line road, which
are through streets at these places.
Stuart Boulevard from and including the intersection first
east of Matchette to
and including the intersection first west of Malden Road.
Reaume Road from and including the intersection first
east of Highway No 18 to and including the intersection first west
of Malden Road.
Bouffard Road from and including the
intersection first east of Highway No. 18
to and including the intersection first west of Malden Road
Gladstone Avenue (Laurier Drive) from and
including the intersection first east of of Highway No.18 , to and
including the intersection first west of Malden Road.
Golfview Drive from and including the
intersection first east of Machette Road to and including the
intersection first west of Malden Road
Victoria Avenue (Victory Street) from and
including the intersection first east of Highway No. 18 to and
including the intersection first west of Machette Road.
George Street (Divine Street) from and
including the intersection first south of Bouffard Road to and
including the intersection west of Boismier Avenue, excepting
however, the intersection at Gladstone Avenue (Laurier), which is a
through street at that place.
Michigan Avenue from Turkey Creek to and
including the intersection first from north of Boismier Avenue
excepting the intersections of Reaume Avenue, Bouffard Avenue and
Gladstone Avenue (Laurier Drive), which are through streets at these
places.
Ontario Street (Orford
Street) from and including the intersection first east of Wellington
Crescent (Woodmont Cresent) to and including the intersection first
west of Malden Road.
Montgomery Drive from
and including the intersection first south of Highway No. 3 to and
including the intersection first north of the Sixth Concession Road.
Chelsea Drive from the east of Grosvenor Drive to
the north of Eastbourne Avenue.
Wahneta Lane from and including the
intersection first west of Highway No 18.
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