Off-Street Public Parking Regulation Bylaw No. 1274, 2010 — full text

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TOWN OF OSOYOOS OFF-STREET PUBLIC PARKING REGULATION BYLAW NO. 1274, 2010 CONSOLIDATED VERSION Adopted June 24, 2010 Updated June 6, 2025 (CONSOLIDATED FOR CONVENIENCE PURPOSES ONLY) Consolidated Version should be read in conjunction with the complete document. TOWN OF OSOYOOS Off-Street Public Parking Regulation BYLAW NO. 1274 A BYLAW to establish regulations for use of public (off-street) parking areas. WHEREAS Council deems it desirable to regulate off-street public parking areas. AND WHEREAS pursuant to the Community Charter Council may, by bylaw, regulate, prohibit and impose requirements in relation to public places; NOW THEREFORE the Council of the Town of Osoyoos in open meeting assembled enacts as follows: CITATION 1. This Bylaw may be citied as "Off-Street Public Parking Regulation Bylaw No. 1274, 2010" DEFINITIONS 2. In this bylaw: Boat Trailer means a properly licenced vehicle that is at any time drawn on a highway by a motor vehicle for the specific purpose of transporting a watercraft. Boat Trailer Parking Area means the lot owned by the Town located 8901 Main Street and legally described as: Lot 12, Plan KAP10406B, District Lot 40, Similkameen Division of Yale Land District, Portion of PL 2501 Bylaw Enforcement Officer means a person so appointed by Council for the purposes of enforcing the Town bylaws; CAO means the Chief Administrative Officer for the Town or a person delegated by him to act on his behalf; Director of Operations means the Director of Operational Services for the Town or his designated alternate; Disabled Parking means a parking stall clearly identified by the disabled parking sign referred to in the Motor Vehicle Act Regulations; Emergency Vehicle means any vehicle being used for the purpose of attending emergency situations and includes RCMP, Fire, and Ambulance; Recreation Vehicle means a motor vehicle designed or used primarily for accommodation during travel or recreation. Time Limited Parking means no person is permitted to park a vehicle in a space so designated, for any greater consecutive period of time than that indicated, unless that person has been issued a temporary parking permit. Town means the Town of Osoyoos. Trailer means a vehicle that is at any time drawn on a highway by a motor vehicle, but excludes a disabled vehicle being towed by a tow vehicle. Vehicle means a device in on or by which a person or thing is or may be transported or drawn on a highway, but does not include a device designed to be moved by human power, a device used exclusively on stationary rails or tracks, mobile equipment, a motor assisted cycle or a designated motorized device. Watercraft means a vehicle, vessel or craft designed to move across or through water. EXEMPTIONS 3. A vehicle displaying a disability parking permit indicating that the vehicle is operated by or transporting a person with disabilities is not limited to the designated parking time indicated for the space in which the vehicle is parked. GENERAL 4. The Director of Operations is authorized to place traffic control devices which establish parking and stopping restrictions. 5. The existence of a traffic control device which regulates parking or otherwise controls traffic, is prima facie evidence that such device was duly erected and maintained by The Director of Operations. 6. A person must not move, remove, deface, alter, or obstruct the view of, or otherwise interfere with any traffic control device. 7. A person must not, while a vehicle remains in an area subject to a posted limit, remove, obliterate or otherwise interfere with any markings made by a Bylaw Enforcement Officer to determine the length of time that vehicle remains parked in that location. 8. No person shall stop, stand or park a vehicle in contravention of the posted requirements or time limits. 9. No person shall park in a Disabled Parking stall without displaying a disabled parking permit on the dashboard or the inside rear view mirror of that vehicle which is clearly visible by any person looking through the vehicle's front windshield 10. Where indicated by signage, those off-street public parking lots indicated in Schedule "A" shall have a limited timed parking availability of a maximum of 2 hours, Monday through Saturday. 11. Use of off-street public parking areas are at the sole risk of the owner of the vehicle or boat trailer. BYLAW AMENDMENT 1274.01 2011 BYLAW AMENDMENT 1274.05 2020 BYLAW AMENDMENT 1274.04, 2019 BOAT TRAILER PARKING 12. No vehicle, other than a boat trailers, trailers or recreation vehicles are permitted to be parked in the Boat Trailer Parking Area. 13. When trailers are parked in the Boat Trailer Parking Area the towing vehicle must be detached from the trailer. 14. The Boat Trailer Parking area will be available only for the months of May through October, with the specific opening and closing dates to be as directed by the CAO. The gate shall be locked between the hours of 10:00 PM and 7:00 AM from May to September 30th. During the month of October, the specific opening and closing hours will be directed by the CAO. 15. Users who do not pay the fee will be subject to applicable fines set by bylaw. In the event the fee is left unpaid, the trailer or recreation vehicle will be subject to a wheel immobilizer rendering the trailer or recreation vehicle unmoveable until the fine is paid." PARKING PERMITS 16. The CAO has the authority to issue Parking Permits for extended use of off-street public parking areas for the purposes of: 17. Any parking permit issued under this bylaw shall be properly displayed in the windshield or hung by the rear-view mirror with permit information facing to the outside of the vehicle. 18. Parking permits shall be in the form attached hereto as Schedule "B". 19. A person to whom a parking permit has been issued must comply with any conditions established for the parking permit or the permit will be subject to immediate revocation without notice. ENFORCEMENT 20. A person who: a) violates any provision of this bylaw, or does any act or thing which violates any provision of this bylaw, or suffers or allows any other person to do any act or thing which violates any provision of this bylaw; b) neglects to do or refrains from doing anything required to be done by any provision of this bylaw; or c) fails to comply with an order, direction, or notice given under any provision of this bylaw, or suffers or allows any other person to fail to comply with an order, direction, or notice given under any provision of this bylaw is guilty of an offence against this bylaw, and may be enforced by means of a ticket in the form prescribed in the Community Charter Regulations. PENALTY 21. Any person who contravenes any provision of this Bylaw is guilty of an offence under the Offence Act and on conviction to a fine not more than fifty thousand dollars (50,000.00) plus the cost of prosecution for each offence. 22. Each day that a contravention of the provisions of this bylaw exists or is permitted to exist shall constitute a separate offence. 23. Specific fines for this bylaw are set out in the Town's Municipal Ticket Information Bylaw or the Bylaw Notice Bylaw. 24. Notwithstanding the penalties above, the CAO has authority to direct to have a vehicle or boat trailer towed from an off-street parking area should the owner not comply with requests to remove or fails to acknowledge any Municipal Ticket that may be issued within 24 hours of issue. 25. A vehicle towed or removed under Section 23 will not be released until the costs of the towing and applicable storage fees are paid by the owner. SEVERABILITY 26. If any section, subsection, sentence, clause or phrase of this Bylaw, which is for any reason held to be invalid by the decision of any Court of competent jurisdiction, may be severed from the balance of this Bylaw without affecting the validity of the remaining portions of the Bylaw. Read a first, second and third time this 21st day of June, 2010 Adopted this 24th day of June, 2010. [original signed by Mayor Wells] [original signed by Janette Van Vianen] MAYOR CORPORATE ADMINISTRATIVE OFFICER Off-Street Public Parking Regulation Bylaw No. 1274, 2010 Schedule "A" Two Hour time limits will be enforced in the following off-street public parking lot(s): 8502 - 74th Avenue - Lot 1, Plan 2450, Block 762, PID: 008-503-052, LD 54, DL 2450s BYLAW AMENDMENT 1274.05 2020 Off-Street Public Parking Regulation Bylaw No. 1274, 2010 Schedule "B" SCHEDULE OF FEES FOR BOAT TRAILER PARKING AREA 2024 2025 2026 2027 Daily rate $10.50 $11.00 $11.50 $12.00 Weekly rate $63.00 $66.00 $69.00 $72.00 Monthly rate $262.50 $275.50 $289.25 $303.75 BYLAW AMENDMENT 1274.05 2020 Off-Street Public Parking Regulation Bylaw No. 1274, 2010 Schedule "C" (Removed by Bylaw Amendment 1274.07, 2025) BYLAW AMENDMENT 1274.03 2018 Off-Street Public Parking Regulation Bylaw No. 1274, 2010 Schedule "D" (Removed by Bylaw Amendment No. 1274.03, 2018) BYLAW NAME BYLAW AMENDMENTS BYLAW # AMENDMENT DATE 1274.01 Removing paragraph 13 and renumbering all sections May 2, 2011 1274.02 Adding paragraph 14 and adding Schedules C and D May 6, 2013 1274.03 Amending Section Boat Trailer Parking and Adding and Removing Schedule B and Removing C and D April 16, 2018 1274.04 Removing and replacing paragraph 13 and removing and replacing Schedule B and Adding Schedule C June 17, 2019 1274.05 Amending and substituting section 13 under "BOAT TRAILER PARKING" Schedule B be deleted and replaced with a revised Schedule B Schedule C be deleted and replaced with a revised Schedule C July 20, 2020 1274.06 Schedule "B" deleted and replaced in its entirety May 28, 2024 1274.07 Amend and add definitions for Boat Trailer Parking Area, Recreation Vehicle, Trailer, and Vehicle Removing and replacing sections 12, 14, 15, 16, 20, 22, 23 in their entirety Adding section 13 and renumber accordingly Remove Schedule "C" in its entirety May 13, 2025