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CORPORATION OFTHE TOWNSHIP OF ADMASTON/BROMLEY
BY-LAW NO. 2007-64
Being a by-law to regulate parking, control traffic or leaving of a vehicle
on specific highways in the Township
WHEREAS, pursuant to the provisions of Section 9 of the Municipal Act, S.O.
2001, c.25, as amended, a municipality has the capacity, rights, powers and
privileges of a natural person for the purpose of exercising its authority under this
or any other Act,
AND WHEREAS pursuant to the provisions of Section 11(3) of the Municipal
Act, S.O. 2001, c.25, as amended, Council of a Municipality may pass by-laws
respecting matters within the spheres of jurisdiction of Highways, including
parking and traffic on highways,
AND WHEREAS pursuant to the provisions of Section 101(1) of the Municipal
Act, S.O. 2001, c.25, as amended, if the municipality passes a by-law to regulate
and prohibit the parking or leaving of a motor vehicle on certain highways in the
Township, it may provide for the removal and impounding or restraining and
immobilizing of any vehicle, at the vehicle owner's expense, parked or left in
contravention of the by-law and subsection 170(15) of the Highway Traffic Act
applies to the by-law.
AND WHEREAS it is deemed expedient to regulate and restrict the parking of
vehicles on or adjacent to highways under the jurisdiction of the Corporation of
the Township of Admaston/Bromley;
NOW THEREFORE the Council of the Corporation of the Township of
Admaston/Bromley hereby enacts as follows:
PART I - INTERPRETATION AND DEFINITIONS
SECTION 1
a) That for the purposes of this By-law, the following definitions shall apply to the
following words and phrases when used in this By-law:
b) "Authorized Emergency Vehicles" shall include vehicles of the Fire
Department, Police Department, and such ambulance and emergency vehicles of
the Municipal Departments, or public service corporation as are designated or
authorized by the Municipality.
c) "Boulevard" shall mean all parts of the highway save and except any roadway,
shoulder and sidewalk; and
1. (i) " Outer Boulevard" shall mean that part of the highway
lying between any sidewalk and the traveled portion of the
highway or the near edge of the shoulder where such exists;
2. (ii) "Inner Boulevard" shall mean that part of the highway
lying between the property line and the edge of the
sidewalk nearest the property line and where there is no
sidewalk, it means that part of the highway lying between
the property line and the traveled portion of the highway or
the edge of the shoulder, where such exists, furthest from
the traveled portion of the highway.
d) "Curb" shall include the edge of the traveled portion of the street.
e) "Disabled person" means a person who has been issued a permit by the Province
of Ontario, or other jurisdiction;
f) "Handicapped parking space" means a parking space or zone marked by a sign
or signs indicating such space or zone is for the sole use of vehicles displaying a
valid permit, in accordance with the requirements of the Highway Traffic Act and
regulations made hereunder and this by-law;
g) "Highway" sees definition for "Street".
h) "Intersection" shall mean the area contained within the prolongation or
connection of the lateral curb lines or, if none, then the lateral boundary lines of
two or more highways which join one another at an angle, whether or not one
highway crosses the other. Where "No Stopping" or "No Parking" restrictions are
in effect, the distance referred to is the distance to the nearest intersection street
line.
i) "Lane" shall mean the entire width of the roadway surface between property lines
at the rear, or side, of places of business or residential properties.
j) "Motorized" shall mean any method of propulsion other than physical exertion.
k) "Official Standard Time" shall mean standard time or daylight savings time, as
may be in use in the Township.
l) "Parking" shall mean the standing of a vehicle, whether occupied or not, except
when standing temporarily for the purpose of, and while actually engaged in,
loading or unloading of merchandise or passengers.
"Permit," means a disabled person-parking permit issued by the Ministry of
Transportation pursuant to the Highway Traffic Act and the regulations made
thereunder, or a permit, numbered plate, or other marker or device, issued by
another jurisdiction and recognized under said Act;
m) "Person" shall mean every person, firm, co-partnership, association, or
corporation.
n) "Provincial Offences Enforcement Officer" shall mean the By-Law
Enforcement Officer authorized by the Township and designated under the
Provincial Offences Act, to enforce parking regulations.
o) "Roadway" shall mean that part of a street or highway that is improved, designed
or ordinarily used for the purposes of vehicular traffic, but does not include the
shoulder, and where a highway includes two or more separate roadways, the term
"roadway" refers to any one roadway separately and not to all such roadways
collectively.
p) "School" shall mean a school under the Education Act.
q) "Shoulder" shall mean that part of a street or highway adjacent the roadway that
is provided as a refuge for stopped or disabled vehicles, for use by emergency
vehicles and for lateral support of the roadway structure.
r) "Sidewalk" shall mean that portion of the street between the adjacent property
lines and either the curb or those lateral lines of the roadway, which is intended
for the use of pedestrians.
s) "Stop or Stopping" when prohibited, means the halting 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 Constable or other
Police Officer or of a traffic control sign or signal.
t) "Street" shall include a common and public highway, avenue, parkway, viaduct,
and trestle, designated and intended for, or used by the general public for the
passage of vehicles.
u) "Township" means the Corporation of the Township of Admaston/Bromley.
v) "Vehicle" means 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 a motorized snow vehicle
or cars of electric or steam railways running only upon the rails.
PART II - GENERAL REGULATIONS
SECTION 2
2.01
It is an offence for any person to do any forbidden act or fail to
perform any act required in this by-law.
2.02
No person shall fail or refuse to comply with any lawful order or
direction of a Police Officer or Provincial Offences Enforcement
Officer.
2.03
The Provincial Offences Enforcement Officer shall have the duty of
enforcing the provisions of this By-law.
SECTION 3
3.01
In the event of conflict between this By-law and any other By-law
passed prior to the effective date of this by-law, the provisions of this
By-Law shall take precedence.
PART III - PARKING - GENERAL REGULATIONS
SECTION 4
No person shall park a vehicle on any street or roadway except in the case of an
emergency,
4.01
in such a manner as to obstruct a sidewalk,
4.02
in such a manner as to obstruct an entrance on the highway to, or from,
a private road or lane, or
4.03
within nine meters (30 feet) of any intersection on any street on which
the Township By-law permits parking unless designated otherwise;
4.04
in a position or a place that prevents or is likely to prevent the removal
of any vehicle already parked on the roadway;
4.05 Displaying any motorized vehicle for sale;
4.06 For the purpose of washing, greasing or repairing such vehicle, except
where such repairs are necessitated by emergency;
4.07 unloading or transferring of materials of any kind from one vehicle to
Another except in cases of emergency.
4.08 in such a manner as to obstruct the ordinary traffic of the street,
including sidewalks, and no vehicle shall be parked on any street at
any unreasonable time, having regard to the traffic requirements of the
street in question.
4.09
No person shall park a vehicle or permit a vehicle to remain parked on
any roadway so as to interfere in any manner with the work of
municipal road maintenance service such as but not restricted to:
a. Removing snow or ice;
b. Snow removal operations;
c. Cleaning operations, including sweeping;
d. Roadway or street repair operations;
e. Municipal services maintenance or repair operations
SECTION 5
Parking on streets and roadways specific regulations
5.01 From December 1st to March 31st, no person shall park a vehicle,
except a vehicle used for emergency purposes, on any part of a street,
highway or boulevard within the Township of Admaston/Bromley.
Vehicles parked on any part of a street, highway or boulevard within
the Township of Admaston/Bromley that restricts snowplowing and/or
snow removal will be subject to a fine and further may be towed away
at the owner's expense.
SECTION 6
6.01
During any period of time when by reason of any statute, law or
regulation having the effect of the law, or under a public proclamation
or request authorized or approved by Council of the Township, the
public has been requested to observe advanced time commonly called
"Daylight Savings Time", the hours of time mentioned or provided in
this By-law shall be construed as referring to "Daylight Savings Time"
as commonly understood in place of Standard Time.
6.02
Any Provincial Offences Enforcement Officer is hereby authorized to
remove or cause to have removed from any part of a street, highway or
Township boulevard, any vehicle, at the owner's risk, which may be
parked in violation of Part III of this By-law and to impound the
vehicle until the owner or responsible person pays to the Township the
towing charge. Payment of the towing charge shall be by the owner or
responsible person handling the exact amount of the towing charge in
cash to the authorized person at the Municipal Office, 477 Stone Road
and the authorized person shall place this money in a sealed envelope
provided for this purpose. Should the owner of the vehicle, or the
responsible person, not pay the towing charges and obtain the release
of the vehicle within seven (7) days of the occurrence, the Township
shall then have the right to take court action to reclaim the towing
costs and court costs.
6.03
The Council of the Corporation of the Township of
Admaston/Bromley shall, by resolution, have the authority to
designate any area, street, or part of a street as a parking area.
PART IV - OPERATION OF MOTORIZED VEHICLES
SECTION 7
7.01 No person shall litter or deposit on a highway or sidewalk any glass,
nails, tacks, or scraps of metal or any rubbish, refuse, waste or paper
material.
7.02
No person shall drive a vehicle upon a sidewalk unless he is entering
upon or leaving a driveway or lane or entering upon or leaving land
adjacent to a highway.
PART V - OFFENCES AND PENALTIES
SECTION 8
8. 01
Any person who contravenes any provision of this Bylaw is guilty
of an offence and upon conviction is liable to a fine as provided for
under the Provincial Offences Act.
8.02
OPERATION OF MOTORIZED VEHICLE VIOLATIONS
FORM OF NOTICE
(1)
Where the operator of a vehicle is found to be in
contravention of the Operation of Motorized Vehicles
Provisions of this by-law (part IV, section 11), the
Issuing Officer may issue a serially numbered
Certificate of Offence Notice, Form 1 PROVINCIAL
OFFENCES ACT ONTARIO COURT OF JUSTICE,
in the manner as prescribed by the Provincial Offences
Act Part I - COMMENCEMENT OF PROCEEDINGS
BY CERTIFICATE OF OFFENCE
(2)
Fines issued under Part I of the Provincial Offences Act
are payable only to the Ontario court of Justice -
Provincial Offences Court.
8.03
LIABILITY OF OWNER
(1) The owner of a vehicle that is parked, stopped, left standing or
operating in contravention of this By-law is guilty of an
offence and shall incur the penalties provided for any
contravention of this By-law unless the owner proves to the
satisfaction of the court that a the time of the offence, the
vehicle was in the possession of another person without the
owner's consent expressed or implied, at the time of the
offence shall also be liable for the penalties provided for any
such contravention.
8.04 VEHICLES SUBJECT TO REMOVAL WHEN ILLEGALLY
PARKED
(1) In addition to any other penalties provided by this By-law,
upon discovery of a vehicle parked, stopped or standing on any
highway in contravention of any provisions of this By-Law, or
apparently abandoned on any municipal or public property, any
Provincial Offences Enforcement Officer may cause such vehicle
to be moved or taken to and placed or stored in a suitable place and
all costs and charges, for removing a vehicle and storage thereof, if
any, are a lien upon the vehicle being released and may be
enforced in the manner provided by the Repair and Storage Liens
Act.
SECTION 9
(1) All sections of this By-law shall be deemed to be separate and
independent and the invalidity of any section or provision hereof
shall no affect the remaining sections.
PART VI - BY-LAW IN FORCE
SECTION 10
This By-Law shall come into force and take effect on the day of the final passing thereof.
READ A FIRST AND SECOND TIME THIS 6TH DAY OF DECEMBER, 2007
READ A THIRD TIME AND FINALLY PASSED THIS 6TH DAY OF DECEMBER,
2007
_______________________________ _________________________________
Mayor
Clerk-Treasurer