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CITY OF MOOSE JAW
Office
Consolidation
IMPOUNDING BYLAW
Bylaw No. 5689
Date of Passage February 12, 2024
(effective date February 12, 2024)
Disclaimer:
This information has been provided solely for research
convenience. Official bylaws are available at the
Office of the City Clerk and must be consulted for purposes
of interpretation and application of the law.
This Bylaw has been consolidated under the authority of the City
Clerk. It represents proof, in absence of evidence to the contrary of:
(a)
the original bylaw and of all bylaws amending it; and
(b)
the fact of passage of the original and all amending bylaws.
BYLAW NO. 5689
A BYLAW TO AUTHORIZE THE IMMOBOLIZING AND SEIZING OF VEHICLES
[WHEREAS The Cities Act, S.S. 2002, c. C-1 LL provides tha+ Q city has a general
[power to pass any bylaws for city purposes that it considers expedient in relation
to the following matters respecting the ci+y:
3(1) A city has a general power to pass any bylaws for city purposes that it
considers expedient in relation to the following matters respecting the ci+y:
(g) s+ree+s/ including temporQp/ and permanent openings and closings;
|8(2) A city has the power +o make bylaws respecting the enforcement of bylaws
made pursuant to this or any other Act, including any or all of the following:
[]) remedying contraventions of bylaws, including providing for moving,
seizing, impounding, immobilizing/ selling, destroying or otherwise
dealing wi+h or disposing of any type of real or persona] property,
including animals;
(k) subject to section 335. 1, providing for the seizing/ impounding,
immobilizing/ selling or otherwise dealing wi+h or disposing of vehicles to
enforce and collect:
(i) fines for parking offences/ including any charge the ci+y may
impose for la+e payments of fines; and
(ii) costs incurred by the ci+y in enforcing and collecting fines for
parking offences.
^ND WHEREAS The Summary Offences Procedure Act, 1990, S.S. 1990-91, c. S-63.1,
provides that a ci+y has the au+hori+y to complete the following:
j32.8[1) Nothing in this section limits the right of an au+hori+y +o pursue any other
remedy that the authority has for the recovery of a fine, la+e payment
charge and any costs authorized by an Act.
[2] An au+hori+y has a lien on a vehicle of a vehicle owner if:
(a) Q fine, la+e payment charge of costs were imposed on the vehicle
owner as a result of a conviction for a parking offence for which the
vehicle owner was liable;
(b) the fine/ iate payment charge or costs are in default; and
(c) any portion of the fine, la+e payment charge or costs is payable to
the authority pursuant to an Act.
|AND WHEREAS the Ci+y is desirous of enacting a bylaw to remove impediments
from City streets and +o collect fines/ iate payment charges and costs related to
Iparking offences;
INOW THEREFORE THE MUNICIPAL COUNCIL OF THE CITY OF MOOSE JAW ENACTS AS
IFOLLOWS:
PART I
GENERAL
trifle
This Bylaw may be cited as The Impounding Bylaw.
|Purpose and Interpretation
|2. The purpose of this Bylaw is to provide for the impounding of any vehicle:
a. that is parked/ placed, left or kept in violation of The Ci+y of Moose Jaw's
Bylaw No. 5556, Traffic Bylaw;
b. that is parked, placed/ left or kept on any street/ in any public or
commercial parking place/ on property owned by the Ci+y or on
priva+ely-owned property where the owner of the vehicle is in default of
payment of parking fines; and
c. that is unlawfully parked, placed, left or kept on any privately owned
shopping centre property.
p. This Bylaw is to be interpreted in accordance with the legislation applicable
to the Ci+y, the common law and the policies and bylaws of the Ci+y.
Definitions
j4. In this Bylaw, in any amending bylaws, and in any schedules attached hereto/
the following words and terms shall have the following meanings unless there
is something in the subject matter or context inconsis+en+ therewith;
a. "Act" means The Q'tfes Act, S.S. 2002, c. C-1 1.1;
b. "City" means The City of Moose Jaw;
c. "Costs" means the reasonable costs of immobilizing and seizing a
vehicle in accordance wi+h this Bylaw;
d. "Council" means the Council of The City of Moose Jaw;
e. "Fine" means a fine imposed by the City for a parking offence, and
includes any costs awarded to the Ci+y by any court in relation to the
enforcement and collection of the fine;
f. "Immobifize" with respect to a vehicle, includes booting or moving;
g. "impounding charges" means all costs incurred to immobilize or seize
any vehicle os provided by Schedule "A" to this Bylaw;
h. "Late payment charge" means a charge imposed for failure to pay a
fine for a parking offence wi+hin the time prescribed for payment;
2
j. "Officer" means any member of the Moose Jaw Police Service, and any
other Ci+y employee or agent appointed by Council to enforce this
Bylaw;
j\ "Owner" means, wi+h respect to any vehicle/ the person to whom Q
current certificate of regis+ration or registration permit for a vehicle is
issued;
k. "Seize" with respect to a vehicle, includes any or all of the following:
i. seizing, impounding, towing and storing a vehicle;
ii. repairing, processing or otherwise preparing a vehicle for sale or
disposition;
selling or otherwise disposing of a vehicle; and
"Street" includes all or any part of a culvert or drain or a public highway,
lane/ bridge, place/ alley/ square/ thoroughfare or way intended for or
used by the general public for the passage of vehicles or pedestrians.
)5. Schedule "A" attached hereto shall form part of this Bylaw.
PART II
SEIZURE
|mmobilizing and Seizing of Vehicles
^. Where any vehicle is parked, placed, left or kept in violation of The Ci+y of
Moose Jaw Traffic Bylaw/ Bylaw No. 5556, an officer may immobilize or seize
that vehicle from any of the following locations:
a. any street;
b. any public parking place;
c. any property owned by the City; or
d. any privately owned shopping centre, if the owner of the shopping
centre has given written authorization to Council to do so; or
e. any travelled portion of Q highway in a place or in a manner that
constitutes a hazard to other users of that highway if that vehicle is
apparently abandoned.
Where the owner of a vehicle is in default of payment of parking fines, an
officer may immobilize or seize any vehicle registered to that owner.
The City shall have the right to immobilize and seize any vehicle regardless of
whether the owner of the vehicle is charged wi+h or convic+ed of an offence.
lotice of Seizure
Upon seizing any vehicle, a notice shall be provided to the owner of the
vehicle:
a. personally; or
b. via registered mail to the address shown on the motor vehicle
registration certificate.
0. A notice served by registered mail is deemed to have been received on the
seventh day following the date of its mailing.
|11. A lack in the sufficiency of the notice or a claim that notice was not received
shall not invalidate the seizure or the owner's responsibility to pay any costs
and impounding charges, fines and la+e payment charges, if applicable.
redemption of Seized Vehicles
|12. Any vehicle seized pursuant to sections 6 or 7 shall be stored at the
compound provided by the towing company, a City compound, or any
other place authorized by an officer, at the cost of the owner for a minimum
of 30 days after the date of deemed service of the notice provided for in
sections 9 ancf/or 10, unless the impounding charges, costs and any
outstanding fines and !ate payment charges are sooner paid.
13. Upon providing proof of i+s ownership and upon paymen+ofanyou+s+anding
fines/ costs, late payment charges and impounding charges as set out in
Schedule "A", any vehicle seized pursuant to sections 6 or 7 may be
redeemed by the owner/ or a person authorized/ in writing, by the owner, at
any time up to the date of sale.
Failure to Redeem a Seized Vehicle
4. If a vehicle is not redeemed prior +o the date of sale in accordance wi+h
section 13, the vehicle shall be sold, and the proceeds applied to any
outstanding impounding charges/ costs/ fines, and la+e payment charges.
5. if, upon the sale of the vehicle, the amount recovered exceeds any
outstanding impounding charges, costs/ fines and late pQyment charges/ the
owner of the vehicle shall be notified.
6. Upon notification that the City is holding any excess proceeds from the sale/
the vehicle owner shall be responsible to contact the Ci+y and arrange to
have the funds transferred.
7. Excess proceeds from the sale of a vehicle shall be claimed within one year
of the date of the sale, otherwise, they shall form part of the City's general
revenue.
8. If/ upon the sale of the vehicle, the amounts recovered are insufficient +o
satisfy all outstanding fines/ costs, la+e payment charges and impounding
charges, the deficiency becomes an amount owing to the City and may be
collected by civil action for debt in a court of competent jurisdiction.
PART III
ENFORCEMENT
Parking Fines in Default- Liens
|19. In addition to any other remedy that the Ci+y is entitled to pursue to recover
outstanding fines, late payment charges and costs related +o a conviction
for a parking offence/ the Ci+y has the authori+y +o lien a vehicle of a vehicle
owner if:
a. a fine, late payment charge or costs were imposed on the vehicle
owner as a result of a conviction for a parking offence for which the
vehicle owner was liable;
b. the fine/ late payment charge or costs are in default; and
c. any portion of the fine, late payment charge or costs is payable to the
Ci+y.
PO. A lien on a vehicle takes effect when the Ci+y registers a financing statement
in the Personal Property Registry with respect to the vehicle.
|21. A lien with respect to which a financing s+a+emenf is registered in the Personal
Property Registry by the City secures the amount of the following which the
owner is liable +o the City:
a. the sum of the fines/ late payment charges and costs in default on the
da+e of registration of the financing s+atement; and
b. with respect to fines, la+e payment charges and costs in default
subsequent to registration of the financing statement, the sum of all
those fines/la+e payment charges and costs for which the owner is liable
before discharge of the lien.
[22. Wi+hin 15 days of registering a financing statement in the Personal Property
Registry, the City shall cause a notice to be served on the vehicle owner.
(23. The notice mentioned in section 22 shall s+a+e:
a. that the authority has a lien pursuant to The Summary Offences
Procedure Act 1990 with respect to unpaid parking fines/ la+e payment
charges and costs and has registered a financing statement in the
Personal Property Registry with respect to a vehicle of a specified make,
model and year;
b. if the vehicle is registered pursuant to The Traffic Safety Act the name
and address of the registered owner;
c. if the vehicle is not registered pursuant +o The Traffic Safety Act that
there is reason to believe that the vehicle is owned by the person whose
name and address are specified;
d. the amount of the unpaid parking fines, late payment charges and
costs as at the date of registration of the financing s+a+ement;
5
e. that, if the amount of the lien is not paid within 15 days after the notice
is served, the authority may take possession and dispose of the vehicle;
and
f. the address and telephone number of the place where further
information can be obtained from the Ci+y.
124. A notice mentioned in section 22 shall be served on the vehicle owner:
a. by delivering if persondly; or
b. by ordinary mail.
|25. A notice sent by ordinary mail in accordance with subsection 24 b.:
a. is sufficiently given if it is sent +o the last postal address of the vehicle
owner shown in the records of the adminis+ra+or pursuant +o The frafflc
Safety Act; and
b. is deemed to have been served on the seventh day following the date
of i+s mailing unless the person to whom it was mailed establishes that,
through no fault of their own, the person did not receive the notice or
received it at a la+er date.
|26. In addition to the expenses permitted pursuant to The Personal Property
Security Act ] 993 for retaking, holding/ repdiring, processing, preparing for
disposition of and disposing of a vehicle/ the Ci+y is also entitled to be paid:
a. any other reasonable expenses incurred by the City; and
b. an administrative fee in the amount of $25.00.
[Parking Fines In Default - immunity From Liability
p7. Where the owner of a vehicle is in default of payment of parking fines and
the vehicle is immobilized or seized, the Ci+y is not liable for any loss or
damage to the vehicle, or to the contents of the vehicle.
Offences and Penalties
p8. No person shall:
a. obstruct or interfere wi+h the imnnobiliza+ion or seizure of any vehicle; or
b. tamper with or remove any immobiliza+ion device that may be used to
immobilize or seize any vehicle.
|29. Every person who contravenes section 28 is gui!+y of an offence and is liable
on summary conviction to a fine of not more than:
a. $10,000.00 in the case of an individual; and
b. $25/000.00 in the case of a corporation.
pO. Any person who tampers wi+h or removes any immobilization device that
may be used to immobilize or seize any vehicle shall be liable for any loss or
damage to the immobiliza+ion device.
Doming Info Force
pl. This Bylaw comes in+o force on the day of i+s final passing.
Ci+y C^rk
'EAD A FIRST TIME the 12th day of February 2024.
'EAD A SECOND TIME the 12th day of February 2024.
'EAD A THIRD TIME AND PASSED the 12th day of February 2024.
2.
3.
4.
5.
6.
Schedule "A"
Impounding Charges
Towing
Impound Fee
Storage Fee/ to be paid in addition +o the
Impound Fee on the first day/ and for
each day or part of a day thereafter
Advertising Costs
Administration Fee: includes lien search
and preparing for sale
Sales charge if sold
Actual Cost
The impounding fee set by
the towing contractor in
agreement wi+h the Ci+y
The storage fee set by the
towing contractor in
agreement wi+h the Ci+y
Actual Cost
The administration fee set
by the towing contractor in
agreement wi+h the City
The sales charge set by the
towing contractor in
agreement with the City
|lf a vehicle requires extra services, or if additional facilities are necessary for i+s
proper handling, the cost of such extra service or additional facilities shall be
ridded to the charges set out in this Schedule. Also, any costs associated wi+h the
idling of a vehicle and of transferring title shall be paid by the Purchaser.