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THE CORPORATION OF THE
TOWNSHIP OF ADELAIDE METCALFE
BY-LAW No. 30 of 2023
BEING A BY-LAW TO REGULATE PARKING WITHIN THE TOWNSHIP OF
ADELAIDE METCALFE
WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25, Sections 11, 100, 101 and 102
provides that By-laws may be passed by the Councils of local municipalities with respect to
regulating parking within the municipality;
WHEREAS the Highway Traffic Act, R. S. 0. 1990, c. H.8, section 128(2) authorizes a municipality
to regulate speed on public Highways; and
NOW THEREFORE the Council of the Corporation of the Township of Adelaide Metcalfe enacts
as follows:
1.
SHORT TITLE
SECTION 1
SHORT TITLE
This By-law may be cited as the Township of Adelaide Metcalfe "Parking By-law."
2.
DEFINITIONS
In this By-law:
SECTION 2
DEFINITIONS
2.1
"Authorized Sign" means any sign, curb or sidewalk marking, or other device
placed or erected on a highway under the authority of this Parking By-law for the
purposes of regulating, warning or guiding traffic.
2.2
'Boulevard" means a strip of grass or other vegetation between a sidewalk and a
roadway.
2.3
"Bus Stop" means that part of a highway designated by the Municipality by a "bus
stop" sign for the use of buses, as a space for loading and unloading passengers.
2.4
"By-law Enforcement Officer" means a person appointed by the Township of
Adelaide Metcalfe for enforcing the provisions of this Parking By-law including a
Police Officer.
2.5
"Commercial Motor Vehicle" means a motor vehicle having permanently
attached thereto a truck or delivery body and includes an ambulance, hearse, taxi-
cab, casket wagon, fire apparatus, bus and tractor used for hauling purposes on
the Highways.
2.6
"Council" means the Council of the Corporation of the Township of Adelaide
Metcalfe.
2.7
"Designated Parking Space" means a designated parking space or parking area
with the appropriate signs erected and on display.
2.8
"Disabled Person Parking Space" means a parking space designated under this
Parking By-law for exclusive use of a motor vehicle displaying a disabled person
parking permit.
2.9
"Drive" means to drive, move or operate a motor vehicle.
2.10
"Driveway" means that part of a highway that provides vehicular access to and
from the roadway and an adjacent property.
2.11
"Emergency Vehicle" includes an ambulance, fire department vehicle, vehicle
operated by an Officer in the performance of his or her duties, and other vehicle
being used to respond to an emergency.
2.12
"Fire Route" means any part of a roadway or a private roadway that is designated
for signage as a route that will be used for emergency vehicles or emergency
personnel, including without limitation, fire trucks, emergency response vehicles,
ambulances and any other similar motor vehicles.
2.13
"Heavy Vehicle" means a truck, bus or other type of motor vehicle or attached
equipment, the weight of which, separately or combined, when unloaded, is three
tonnes or more or, when loaded, is five tonnes or more.
2.14
"Highway" or "Highways" includes a common and public highway, street, Lot,
avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and
intended for, or used by, the general public for the passage of motor vehicles, and
includes the area between the lateral property lines thereof and the entire road
allowance. For clarity, a "Street" or "Highway" shall also include Rural Highways
and Urban Highways.
2.15
"Highway Traffic Act" means the Highway Traffic Act, R.S. 0 . 1990, c. H.8 as
amended.
2.16
"Lot" means a separate parcel of land that has been assigned a property identifier
under section 141 of the Land Titles Act, R.S.O 1990, c. L.5.
2.17
"Motorized Snow Vehicle" means a self-propelled motor vehicle designated to
be driven primarily on snow.
2.18
"Motor Vehicles" includes a motor vehicle, truck, heavy truck, trailer, semi-trailer,
traction engine, farm tractor, road-building machine, a commercial motor vehicle,
motorcycle, motor assisted bicycle unless otherwise indicated in the Highway
Traffic Act, transport truck, motor assisted vehicle used to transport and/or convey
goods or people, and any other vehicle propelled or driven otherwise than by
muscular power, but does not include a motorized snow vehicle or the cars of
electric or stream railways running only upon rails.
2.19
"Municipality" means the Corporation of Township of Adelaide Metcalfe.
2.20
"Municipal Parking Lot or Space" means all or a portion of a parking lot, space,
roadway, deck, garage, or other facility for the parking of vehicles which is owned
or operated by the Municipality.
2.21
" Officer" means:
i)
any Police Officer; or
ii) a By-law Enforcement Officer, Building Inspector or Chief Building Official as
appointed by the Council of the Municipality;
2.22
"One-Way Highway" means a highway upon which vehicular traffic is limited to
movement in one direction.
2.23
"Parking Infraction" means any unlawful parking, standing, or stopping of a
vehicle that constitutes an offence under this Parking By-law.
2.24
"Parking Infraction Notice" means a notice pursuant to the Provincial Offences
Act, and placed on any vehicle parked in contravention of this Parking By-law,
providing for the payment of the penalty out of court.
2.25
"Parking Space" means that part of a roadway that is designated by the
Municipality for the purpose of parking one (1) motor vehicle.
2.26
"Park, Parked or Parking" 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 merchandise or passengers.
2.27
"Person" includes a corporation, organization as well as a person.
2.28
"Physically Disabled Person" means a person who is permanently or
temporarily physically disabled in such a way that mobility is seriously restricted
and includes a person who uses a wheelchair, crutches, braces or other mobility
assisted devices.
2.29
"Private Parking Lot" means a privately owned lot that is used, in whole or in
part, for the purpose of parking motor vehicles.
2.30
"Public Laneway" means a right of way owned by the Municipality that provides
motor vehicles access for individual owners and occupants to and from Municipal
Streets.
2.31
"Recreational Vehicle" means any vehicle used for recreational purposes,
including all-terrain vehicles (ATV), off-road motorcycles, snowmobiles, boats, jet
skis (PWC), camper trailers, motor homes, and any other trailer utilized for the
aforementioned.
2.32
"Roadway" includes the travelled portion of a street or highway designed and
intended for the travel of motor vehicles and includes any designated parking
areas.
2.33
"School Bus Loading Zone" means an area marked by signs indicating such
area to be for the sole use of school buses engaged in receiving or discharging
passengers.
2.34
"Shoulder" means that part of the highway lying adjacent to the roadway that is
improved with granular or paved surface and is not intended for the passage of
motor vehicles.
2.35
"Sidewalk" means the portion of a boulevard, which is paved, bricked or otherwise
hard surfaced and intended for the use of pedestrians.
2.36
"Signage or Sign" means Municipality staff or its designates, are hereby
authorized and directed at any time in its sole discretion to erect or place "No
Parking Signs" on any Street, Highway or Lot/Land owned or within the
Municipality's jurisdiction.
2.37
"Stand or Standing" means the halting of a vehicle, whether occupied or not,
except for the purpose of and while actually engaged in receiving or discharging
passengers.
2.38
"Stop or Stopping" means the complete cessation of movement of a vehicle,
even momentarily, whether occupied or not, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a police officer or
traffic control sign or signal.
2.39
"Street or Highway" includes a common and public highway, street, avenue,
parkway, driveway, square, bridge, viaduct or trestle, designed and intended for,
or used by, the general public for the passage of motor vehicles and includes the
area between the lateral property lines thereof and includes the entire road
allowance. For clarity, "Street" or "Highway" shall include any rural Highways and
urban Highways.
2.40
"Unauthorized Area" means any area within the jurisdiction of the Municipality
where parking is not permitted.
2.41
"U-Turns" means to turn a vehicle within a roadway to proceed in the opposite
direction.
2.42
"Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor,
roadbuilding machine, motorcycle, bicycle and any vehicle drawn, propelled or
driven by any kind of power, including muscular power, but does not include a
motorized snow vehicle or the cars of electric or steam railways running only upon
rails.
2.43
"Wheelchair" means a chair mounted on wheels driven by muscular or any other
kind of power for the carriage of a person who has a physical disability.
SECTION 3
PARKliNG REGULA T10NS - GENERAL PROHIB!!TI0 1N
No Person Shall Park a Motor Vehicle:
3.1
on the Highways or parts of Highways designated by signage as a "No Parking"
area.
3.2
on the Highways or parts of Highways contrary to the posted times as designated
by the signage.
3.3
on the Highways or parts of Highways in excess of the time limit as designated by
the signage.
3.4
on the Highways or parts of Highways during the times as designated by the
signage as "No Stopping".
3.5
overnight on a Highway, roadway, Land/Lot owned by the Municipality, or parts of
the Roadway between the hours of 10:00 p.m. to 6:00 a.m., commencing
November 1 of each year until April 15 of the following year.
3.6
no Commercial Motor Vehicle shall be parked or left standing for a longer period
than seventy-two (72) hours, upon any part of any Street, Highway, or any land/Lot
owned by the Municipality.
3.7
or leave a Motor Vehicle standing for a longer period than seventy-two (72) hours,
upon any Street, Highway, or any Land/Lot owned by the Municipality.
3. 8
where signs have been erected and are on display designating an area as a school
bus loading zone, no person shall park a Motor Vehicle to obstruct a school bus
loading zone.
3.9
on any Highway unless the right hand side of the Highway having regard to the
direction of the flow of traffic.
3.10
on any Highway equipped with curbs unless the Motor Vehicle is parallel to and
not more than thirty (30) centimeters from the curb.
3.11
on a sidewalk.
3.12
to obstruct a sidewalk.
3.13
within three (3) metres of a fire hydrant, or where the hydrant is setback from the
edge of the roadway, within three (3) metres of the point at which the prolongation
of the centerline of the hydrant, at right angles to the edge of the roadway would
intersect such edge.
3.14
to block a public or private driveway or land.
3.15
on a Boulevard.
3.16
to obstruct a public or private roadway, driveway or entrance.
3.17
to obstruct a pedestrian crosswalk.
3.18
to interfere with the movement of traffic.
3.19
within an intersection.
3.20
in a position that will prevent the convenient removal of any other vehicle
previously parked.
3.21
while on a roadway where any wheel on the passenger side of the vehicle is
located more than thirty (30) centimeters from the edge of the roadway or curb.
3.22
in an area identified for the use of disabled persons, except a Motor Vehicle, which
displays a valid disabled person's parking permit issued by the Ministry of
Transportation under the authority of the Highway Traffic Act.
3.23
while on portions of Streets, Highways or Municipally owned Land/Lot as
designated by no parking Signs.
3.24
more than a forty-five (45) degree angle to the curb and where a parking space is
designated by pavement markings, not more than one (1) motorcycle shall be
parked in each space.
3.25
that is advertised, marked, priced or displayed for sale.
3.26
to interfere with the clearing of snow from the Highway.
3.27
in an area designed by signage as a Fire Route.
3.28
in a private parking lot except as permitted in section 4 herein.
3.29
which does not bear valid license plates, on any Street or Highway.
SECTION 4
PRIVATE PARKING LOT REGULATIONS
4. 1
The owner of any private parking lot shall designate parking spaces for Motor
Vehicles that are used to transport physically disabled persons and for other Motor
Vehicles.
4.2
No Motor Vehicle shall park or be left standing in a private parking lot, unless:
a) the Motor Vehicle is parking within the boundaries of a space designated in the
private parking lot as a parking space; and
b) in the case of a Motor Vehicle occupying a parking space for physically
disabled persons, the operator of the Motor Vehicle has obtained and posted
a permit in the Motor Vehicle confirming that the Motor Vehicle has been
parking in such an area for the benefit of a physically disabled person.
SECTION 5
SPEED LIMIT RESTRICTIONS
5.1
The maximum rate of speed on all rural and urban Highways shall be in
accordance with the Highway Traffic Act, unless otherwise posted.
5.2
Where signs are posted that set out the maximum rate of speed, or speed limit, on
any rural Highway or urban Highway, no person shall drive a Motor Vehicle at a
rate of speed greater than the posted speed limit.
SECTION 6
REMOVAL OF MOTOR VEHICLES IN CONTRAVENTION OF THIS BY-LAW
6.1
In addition to any other penalty provided for in this Parking By-law, a Police Officer
or By-law Enforcement Officer may cause a Motor Vehicle that is parked in
contravention of this Parking By-law to be removed, towed or impounded, and
taken to be stored at a location determined by a Police Officer or By-law
Enforcement Officer.
6.2
Where a Motor Vehicle is removed, towed , impounded and/or stored pursuant to
section 6.1 above, any and all costs, including the Municipality's administrative
costs and charges associated with the removal, tow, impounding, care, and
storage of the Motor Vehicle shall be fully (100%) paid by the Motor Vehicle owner,
and shall form a lien on the Motor Vehicle that may be enforced in the same
manner as provided for in the Repair and Storage Liens Act. Without limiting the
above, any failure to pay the Municipality's administrative costs associated with
the removal, tow, impounding, care and storage of the Motor Vehicle, the
Municipality reserves the right to add said associated administrative costs and
expenses to the tax roll of the vehicle Owner and collect the debt for such expenses
in a like manner as municipal taxes, as set out in the Municipal Act.
SECTION 7
TRAFFIC CONTROL REGULATIONS
7..1
Where Highways are designated as one way by the erection of official signage, no
person operating a Motor Vehicle shall drive in the opposite direction.
7.2
Where official signs are on display, no person operating a Motor Vehicle shall
make a U-Turn.
SECTION 8
OWNER LIABILITY
8. 1
Where a Motor Vehicle has been left parked, stopped, or left standing in
contravention of this Parking By-law, the owner of the Motor Vehicle,
notwithstanding that he/she was not the driver of the Motor Vehicle at the time of
the contravention of this Parking By-law, is guilty of an offence, and is liable to the
fine prescribed for the office in this Parking By-law unless, at the time of the
offence, the Motor Vehicle was in possession of some other person other than the
owner without the owner's consent.
SECTION 9
PARKING INFRACTION NOTICE
9.1
Where a Motor Vehicle is found parked in contravention of the provisions of this
Parking By-law, an Officer so finding the Motor Vehicle may complete and place
upon or attach to the Motor Vehicle a Parking Infraction Notice in the form of a
serially numbered notice, which states:
a.} the license plate number of the Motor Vehicle, and the expiry date of
the sticker;
b) a description of the offence;
c) the date, time, and location of the alleged offence;
d) the signature of the issuing Officer;
e) the early payment of the fine, and set fine for the alleged offence;
f)
that the owner or driver thereof may make a voluntary early payment in
the amount and manner set forth, or pay the set fine as indicated on
the Parking Infraction Notice prior to the 15th day as set out under Part
11 of the Provincial offences Act;
g) the owner's or driver's right to dispute the Parking Infraction Notice in
the Courts of Ontario;
n) that in the event of failure to make such payment, a conviction may be
registered under Part II of the Provincial Offences Act R.S.O., 1990 c
P.33; and
i)'
the address of the parking authority payment office.
9.2
The Officer shall attach one (1) copy of the Parking Infraction Notice to the Motor
Vehicle, and deliver one (1) copy to the Treasurer of The Corporation of the
Township of Adelaide Metcalfe.
SECTION 10
ENFORCEMENT
10.1
Any Police Officer or By-law Enforcement Officer is hereby authorized to enforce
the provisions of this Parking By-law.
SECTION 11
PENALTIES
11.1
Any person who contravenes any provision of this Parking By-law is guilty of an
offence, and on conviction is liable to a fine as provided in the Provincial Offences
Act, or as set out in Schedule "A" attached hereto.
11 .2
A person served with a Parking Infraction Notice shall report and make payment
to the office of the Municipality's Treasurer. Such payment must be received by
the Treasurer within fifteen (15) days from the date on which the notice was issued,
inclusive of Saturdays, Sundays, and holidays - failing which, the fines shall be
increased in accordance with Schedule "A" to this Parking By-law.
11.3
All penalties set out in this Parking By-law shall be in addition to, and not in
substitution for, any penalties imposed in any other By-law, stature, or under any
of the laws of the Province of Ontario and the laws of Canada applicable therein.
SECTION 12
SEVERABILITY
12.1
If any section, clause or provision of this Parking By-law be held by a Court of
competent jurisdiction to be invalid, in whole or in part, the validity of the remainder
of that section, clause or provision and the validity of the remainder of this Parking
By-law shall not be affected thereby. Each section, clause or provision of this
Parking By-law are hereby deemed to be separate and distinct sections, clauses
or provisions.
SECTION 13
CHANGES IN STATUTES
13.1
Where an Act or any portion of any Act is referred to in this Parking By-law, such
reference shall be interpreted as referring to any subsequently renumbered
sections of the Act and/or changes to the date of the Act and/or amendments or
revisions to the Act or re-enactments of the Act or any legislation that replaces the
Act.
SECTION 14
EFFECTIVE DA TE
14.1
This Parking By-law comes into full force and effect on the date of passage of this
Parking By-law or, in the event that the approval of the Ministry of the Attorney
General or any other third party is required, such date that the requisite approvals
have been obtained.
SECTION 15
INCONSISTENCY
15.1
If any other By-law of the Municipality is inconsistent with the sections, clauses or
provisions herein, the sections, clauses or provisions of this Parking By-law shall
prevail to the extent of such inconsistency. If this section 15 is applied to any other
By-law, all other sections, clauses or provisions of that By-law shall remain in full
force and effect.
SECTION 16
REPEAL
16.1
By-law #42-2005 and any other By-law inconsistent with the contents of this
Parking By-law are hereby rescinded and replaced by this By-law.
Read a first, second and third time
IN OPEN COUNCIL
This 1st day of May, 2023
)v
Sue Clarke, Mayor
The Township of Adelaide Metcalfe By-Law XX of 2023: Parking By-law
Part II Provincial Offences Act
Schedule "A"
SET FINES
Item
Colum 1
Column 2
Column 3
Column 4
Short Form Wording
Provision
Voluntary Payment
Set Fine
Creating
Payable Within 15
or
Days
Defining
Offence
1.
Parking on Highways where
3.1
$50.00
$75.00
prohibited by siqnaqe
2.
Parking on Highways
3,.2
$50.00
$75.00
contrary to posted signs
3.
Parking on Highways in
3.3
$50.00
$75.00
excess of time limit
4.
Parking on Highways
3.4
$50.00
$75.00
contrary to no stopping
signage
5.
Parking overnight between
3.5
$50.00
$75.00
1 O:OOpm-6:00am from
November 1 - April 15.
6,
Parking or left a commercial
3.6
$50.00
$75.00
vehicle standing longer than
72 hours, upon any Street,
Highway, land owned by the
Municipality.
7.
Parking or left a Motor
3.7
$50.00
$75.00
Vehicle standing for longer
than 72 hours, upon any
Street, Highway or land/lot
owned by the Municipalitv.
8.
Parking or obstructing a
3.8
NIA
$250.00
school bus loading zone.
9.
Parking on a Highway unless
3.9
$50.00
$75.00
the right hand side of the
Highway having regard to
the direction of the flow of
traffic.
10.
Parking on a Highway
3.10
$50.00
$75.00
equipped with curbs unless
the Motor Vehicle is parallel
to and not more than 30
centimeters from the curb.
11.
Parkinq on a sidewalk.
3.11
$50.00
$75.00
12.
Parkinq causinq obstruction
3.12
$50.00
$75.00
to a sidewalk.
1.3,,
Parking within 3 metres of a
3.13
NIA
$250.00
fire hydrant.
14 ,
Blocking a public or private
3.14
$50.00
$75.00
driveway or land.
15.
ParkinQ on a Boulevard.
3.15
$50.00
$75.00
16,
Parking to cause obstruction
3.16
$50.00
$75.00
to a public or private
roadway, entrance or
driveway.
17.
Parking to cause obstruction
3.17
$50.00
$75.00
to a pedestrian crosswalk.
18.
Parking to interfere with the
3.18
$50.00
$75.00
movement of traffic.
19.
Parking within an
3.19
$50.00
$75.00
intersection.
20.
Parking in a position that will
3.20
$50.00
$75.00
prevent the removal of other
vehicles previously parked.
21 ,
Parking while on a roadway
3.21
$50.00
$75.00
where any wheel on the
passenger side of the
vehicle is located more than
30 centimeters from the
edqe of the roadway or curb.
22.
Parking in an area identified
3.22
NIA
$250.00
for the use of disabled
persons, except a Motor
Vehicle, which displays a
valid disabled person's
parking permit issued by the
Ministry of Transportation.
23.
Parking while on portions of
3.23
$50.00
$75.00
Highways or Municipally
owned land/Lot as
designated by no parking
siQns.
24.
Parking more than a 45-
3.24
$50.00
$75.00
degree angle to the curb and
where a parking space is
designated by pavement
markings, not more than 1
motorcycle shall be parking
in each space.
25.
Parking that is advertised,
3.25
$50.00
$75.00
marked, priced, or displayed
for sale.
26.
Parking to interfere with the
3.26
$50.00
$75.00
clearinq of snow from the
27.
28.
29.
Highway.
Parking in an area
3.27
$50.00
$75.00
designated by signage as a
Fire Route.
Parking in a private parking
3.28
$50.00
$75.00
lot except as permitted in
section 4.
Parking a Motor Vehicle that
3.29
$50.00
$75.00
does not bear valid license
plates
on
any Street or
Highway
within
the
Municipality.
NOTE: The penalty provision(s) for the offence(s) indicated above is Section 3 of
the Parking By-law Number 30 of 2023, a certified copy of which By-law has been
filed.