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City of Chilliwack
Bylaw No. 2915
A bylaw to Regulate the Use of Parking Areas at Municipal Facilities
________________________________________________________
WHEREAS Section 518.1 of the Local Government Act authorizes Council, by bylaw, to
regulate and prohibit activities in relation to municipal services;
AND WHEREAS the City provides recreational, social, entertainment and cultural services at
facilities located throughout the territorial area of the City and such facilities include motor
vehicle parking areas which are open to public use for the purpose of enhancing access to the
City's services;
AND WHEREAS Section 124(1)(g) and (h) of the Motor Vehicle Act authorizes Council, by
bylaw, to provide for the removal, detention or impounding of vehicles unlawfully occupying a
portion of a highway or public place and for the imposition and recovery of fees, costs and
expenses for that purpose;
NOW THEREFORE the Council of the City of Chilliwack, in open meeting assembled, enacts as
follows:
CITATION
1.
This bylaw may be cited as "Municipal Facilities Parking Bylaw 2003, No. 2915".
DEFINITIONS
2.
In this Bylaw
"motor vehicle" means a vehicle, not run on rails, that is designed to be self-propelled;
"municipal facility" means every parcel of land which is owned or controlled by the City
of Chilliwack and which is used to provide City recreation, social, entertainment
or cultural services; and
"park" means the standing of a motor vehicle, whether occupied or not, except when
standing temporarily for the purpose of and while actually engaged in loading or
unloading.
PROHIBITION
3.
No person shall park a motor vehicle in any area that is made available within a
municipal facility for public motor vehicle parking, except while the occupants of the
motor vehicle are participating in the City services that are provided at that municipal
facility and as indicated by traffic control devices designated as controlling that parking
stall.
"Municipal Facilities Parking Bylaw 2003, No. 2915" - Page 2
REMOVAL, DETENTION AND IMPOUNDMENT
4.
Any bylaw enforcement officer, traffic warden or towing contractor engaged by the City,
and any peace officer, may remove, detain and impound any motor vehicle which is
parked in contravention of this bylaw.
FEES, COSTS AND EXPENSES
5.
Any person whose motor vehicle is removed, detained or impounded pursuant to this
bylaw may recover the motor vehicle upon payment of the following amounts to the City
or the City's agent:
(1)
a removal fee of $100.00; and
(2)
an impoundment charge of $40.00 for each day or partial day that a motor vehicle
is impounded.
6.
Thirty days after a motor vehicle has been impounded under this bylaw, the amounts
imposed under Section 5 may be recovered by sale of the motor vehicle at auction, or by
action in a court of competent jurisdiction.
OFFENCE AND PENALTY
7.
Any person who:
(1)
parks a motor vehicle in a manner contrary to Section 3 of this bylaw; or
(2)
obstructs any person who is acting under Section 4 of this bylaw;
commits an offence and is liable on conviction to a fine not exceeding $1000.00..
SEVERABILITY
8.
If any section, subsection, clause or phrase of this Bylaw is held invalid by a Court of
competent jurisdiction, then that invalid portion shall be severed and the remainder of this
Bylaw shall be deemed to have been adopted without the severed section, subsection,
clause or phrase.
"Municipal Facilities Parking Bylaw 2003, No. 2915" - Page 3
Received first reading on the 16th day of June, 2003.
Received second reading on the 16th day of June, 2003.
Received third reading on the 16th day of June, 2003.
Reconsidered, finally passed and adopted on the 7th day of July, 2003.
"Clint Hames"
Mayor
"Peter D. Monteith"
Clerk