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THE CORPORATION OF THE TOWNSHIP OF ALNWICK/HALDIMAND
BY-LAW NO. 137-2019
BEING A BY-LAW FOR THE REGULATION OF VEHICULAR PARKING IN THE
TOWNSHIP OF ALNWICK/HALDIMAND
WHEREAS the Municipal Act, 2001, S.O. 2001, ¢.25, Section 11 provides that a lower
tier Municipality may pass by-laws respecting matters within highways, including parking
under its jurisdiction; and
WHEREAS the Council of the Corporation of the Township of Alnwick/Haldimand deems
it expedient to pass a by-law to regulate parking within the Township;
NOW THEREFORE The Council of the Corporation of the Township of
Alnwick/Haldimand HEREBY ENACTS as follows:
In this by-law:
(a) Words imparting the singular number or masculine gender only, including more
persons, parties or things of the same kind than one and females as well as males
and the converse.
(b) A word interpreted in the singular number has a corresponding meaning when
used in plural.
(c) "May" to be construed as permissive.
(d) "Shall" to be construed as imperative.
(e) The various prohibitions of this by-law are cumulative and not mutually self-
exclusive.
PART I - DEFINITIONS - FOR THE PURPOSE OF THIS BY-LAW
1. Definitions: In this By-Law:
(a) “Authorized Sign’ - means any sign which is authorized pursuant to the Highway
Traffic Act or the Regulations passed there under or the Council of the
Corporation or an Official designated by the Council to exercise its authority in
this regard.
(b) "Boulevard" - means that portion of every street of the Township lying between
the curb or edge of the travelled portion of the highway and the street line,
exclusive of the area covered by any sidewalk and shail include any ornamental
median strip of the highway
(c) ‘Commercial Motor Vehicle’ - means a motor vehicle having permanently
attached thereto a truck or delivery body and including an ambulance, hearse,
fire apparatus, police patrol, motor bus or tractor, used for hauling purposes on
the highway.
(d) "Corporation’-means the Corporation of the Township of Alnwick/Haldimand.
(e) "Councif’ — shall mean the Council of the Corporation of Township of
Alnwick/Haldimand
(f) “Crosswalk” — means that part of a highway at an intersection, or elsewhere,
which is included within the connections of the lateral lines of the sidewalks on
opposite sides of the highway, measured from the curbs, or in the absence of
curbs from the edges of the approved portion of the highway or any portion of a
roadway, at an intersection or elsewhere, distinctly indicated for pedestrian
crossing by signs or by-laws or other markings on the surface.
(g) "Designated Disabled Parking” - means a parking space marked by a sign
indicating such space to be for the sole use of vehicles operated by or conveying
a disabled person for which an Accessible Parking Permit has been issued
pursuant to the provisions of the Highway Traffic Act and the regulations thereto.
(h) “Public Works Manager”- means the Public Works Manager for the Corporation
of The Township of Alnwick/Haldimand.
(i) “Double Park(ing)”- as applied toa vehicle shall mean to allow that vehicle to
remain stationary on the same side of the highway alongside and parallel with or
nearby parallel to another vehicle already parked or standing or stopped at the
curb of such highway.
(j) “Fire Department’ — means the Fire Department of the Corporation of The
Township of Alnwick/Haldimand.
(k) "Fire Route” — means any road, lane, ramp or other means of vehicular access
to or egress from a building or structure as identified by authorized signs and
may include part of a parking lot.
() "Highway' — means a highway within the meaning of the Municipal Act 2001, as
amended, and the Highway Traffic Act, as amended.
(m) “Intersection - means the area embraced within the prolongation or connection
of the lateral curb lines or, if none, then of the lateral boundary lines of two or
more highways that join one another at an angle, whether or not one highway
crosses the other.
(n) “Loading Zone” — means a part of a highway designated by suitable markings
and/or signs where commercial motor vehicles may be loaded or unloaded.
(0) “Municipal Property’ and/or “Township Property” —- means all such property
excluding a highway defined in the Highway Traffic Act which is clearly marked
by a legible sign(s) prohibiting parking thereon.
(p) “Park” or “Parking” — When prohibited means 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 merchandise or passengers.
(q) “Parking Area” — means an area to which the public has access whether for
payment or a fee or otherwise.
(r) "Parking Space” —means a portion of a highway or municipal parking area that is
designated for the parking of a vehicle by suitable markings.
(s) “Private Property”— means a private road or driveway, or property clearly marked
as private property by fences or by a legible sign(s) erected by or on behalf of
the owner, indicating that it is private property or prohibiting trespassing or
parking or words to like effect.
(t) “Provincial Offences Officer” — means a Municipal Law Enforcement Officer(s) for
the Corporation who is duly appointed by the Council of the Corporation for the
purpose of enforcing the provisions of the Corporation’s By-laws or a Police
Officer, which contracts the provision of police services to the Corporation of the
Township of Alnwick/Haldimand.
(u) “Roadway” - means the part of the highway that is improved, designed or
originally used for 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 and not to all of the roadways collectively.
By-law No. 137-2019 Page 2 of 8
(v) "Set Fines" - means that fine for parking infractions pursuant to the provisions of
Part II of the Provincial Offences Act, as set by the Regional Senior Judge Ontario
Court (Provincial Division).
(w) “Stand” or "Standing" - When prohibited, means the halting of a vehicle,
whether occupied or not, except for the purpose of and while actually engaged
in receiving or discharging passengers.
(x) “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.
(y) “Vehicle’”— Includes a motor vehicle, trailer, tractor, engine, farm tractor, road-
building machine and any other vehicle drawn, propelled or driven by any kind
of power, including muscular power, but does not include a motorized snow
vehicle, the cars of electric or steam railways running only upon rails.
PART IT — ENFORCEMENT
1. A Provincial Offences Officer, of the Corporation shall enforce the provisions of
this by-law.
_2. The Public Works Manager is hereby authorized to place or erect and to maintain
such signs as may be necessary to give effect to the provisions of this by-law or
as are required to warn or guide traffic for the safety or convenience of the public.
3. No person shall wilfully move, alter, deface or otherwise interfere with any traffic
control device erected or placed pursuant to the provisions of this by-law.
4. The Public Works Manager is hereby authorized to erect temporary "NO
PARKING" signs for special events that may take place within the Township.
PART ITI — PARKING RESTRICTIONS — GENERAL
1. No person shall stop, stand or park any vehicle in a designated Disabled Parking
spot, in accordance with Schedule “A” Designated Disabled Parking Areas,
attached hereto and forming part of this by-law, at any time without having an
Accessible Parking Permit affixed to the vehicle and actually be engaged in
discharging or taking a passenger or passengers who is or are handicapped.
2. No person shall park any vehicle at any time on any highway or portion of a
highway within the Corporation as hereinafter described in Schedule “B” “No
Parking Anytime — Restrictions” attached hereto and forming part of this by-
law.
3. No person shall park any vehicle on any highway, or portion thereof, at any time
within the Township in such a way as to obstruct the removal of snow; and
further that no person shall park any vehicle on any Township highway or portion
thereof from the period of November 1 of one year to April 30", in order to
conduct Public Works Winter Maintenance Operations.
4. No person shall park any vehicle on any highway or portion thereof for a greater
period of time than forty-eight (48) consecutive hours.
5. Any vehicle in contravention of this by-law may be removed and impounded at
the owner’s expense in accordance with section 170(15) of the Highway Traffic
Act.
6. The Clerk or Public Works Manager may reserve or assign any area or parking
space for emergencies, functions or special circumstances.
By-law No. 137-2019 Page 3 of 8
PART IV - PROHIBITED PARKING
1. In Specified Places — No Sign Required.
No person shall park a vehicle in any of the following places:
Within 9 (nine) meters of an intersection.
Within 3 (three) meters of a fire hydrant.
In front of any driveway.
On roadway to display vehicle “For Sale”.
On the roadway for the purposes of vehicle repair.
On a driveway blocking a sidewalk.
On any bridge or the approaches thereto.
On a roadway that may interfere with road maintenance.
Within the turning area of a cul-de-sac.
On a boulevard.
On Township Property unless Parking Permit has been issued.
On any street in such a manner as to obstruct traffic.
. In such a position as will prevent the convenient removal of any vehicle
previously parked or standing.
HATES se mpaooD
3
2. No person shall park a heavy motor vehicle (3 tons), except Emergency,
Delivery/Collection or Public Works vehicles, can remain parked on any portion
of the Township Roads unless a Special Permit has been acquired.
3. In Specified Places Where Signs on Display
Municipal Property — Where no parking signs are erected and are on display
no person shall park a vehicle on Municipal Property unless actively engaged in
Municipal operations and/or activity.
PART V — NOTICE OF VIOLATION
1. (a) Where a vehicle is found parked in contravention of the parking provisions
of this by-law, the Provincial Offences Officer so finding the vehicle shall attach
to the vehicle a Parking Infraction Notice in the form of a prepared notice
stating:
i. Licence number and description of the vehicle.
ii. | That the vehicle is unlawfully parked with reference to the section of this
by-law.
iii. Date, time and place of the alleged offence.
iv. | That the owner or operator thereof may report to the Municipal Office
within seven (7) days, exclusive of Saturdays, Sundays and holidays,
after the date when the ticket is attached, to make payment of the
penalty.
v. That in the event of failure to so report and make such payment, a
Notice of Impending Conviction will be issued under the Provincial
Offences Act.
(b) The owner or operator of the vehicle may, within seven (7) days, exclusive of
Saturdays, Sundays and holidays, after the Parking Infraction Notice is attached
to the vehicle, report to the Municipal Office and voluntarily pay such payment
indicated on the Parking Infraction Notice which shall be accepted as payment
of the penalty in full satisfaction in respect of the alleged offence and a receipt
therefore shall be given to the person making the payment.
(c) If voluntary payment is not made in accordance with the procedure provided in
Section 13 of this by-law, the procedure of the Provincial Offences Act and the
penalties provided for under this by-law, alleged to have been contravened,
shall apply.
(d) Upon presentation of each Parking Infraction Notice, and if voluntary payment
is duly made, no further proceedings against the defendant for such violation
shall be taken.
By-law No. 137-2019 . Page 4 of 8
PART VI — GENERAL
1. (a) For the purpose of this by-law, where a numbered plate issued pursuant to
the provisions of Section 7 of the Highway Traffic Act, R.S.O. 1990, is exposed
on a vehicle, the holder of the permit corresponding thereto shall be deemed to
be the owner of that vehicle unless the numbered plate was exposed on that
vehicle without the permit holder’s consent and the burden of proof is on the
permit holder.
(b) This by-law where it applies to a highway, only applies to highways under
the jurisdiction of the Corporation.
(c) No person shall place, maintain or display upon or in view of any
street/highway, any sign, signal or marking device which purports to be or is in
imitation of or resembles any traffic control device which conceals from or
interferes with the effectiveness of any traffic control device.
(d) No person shall wilfully move, alter, deface or otherwise interfere with any
parking signs erected or placed pursuant to the provisions of this by-law.
(e) Where any vehicle is parked in contravention of any provision of this by-law,
the Provincial Offences Officer may cause it to be moved or taken and placed in
storage pursuant to the provisions of Section 170(15) of the Highway Traffic
Act, and the costs for removing and storing the vehicle shall be a lien upon the
vehicle which may be enforced in the manner provided in the Repair and
Storage Lien Act, R.S.O. 1990.
(f) The owner of a vehicle that is parked, stopped or left standing in
contravention of this by-law as the case may be is guilty of an offence and on
conviction is liable to such fines in this by-law unless the owner proves to the
satisfaction of the Court that at the time of the offence the motor vehicle was in
possession of another person without the owner’s express or implied consent.
(g) No person shall hinder or otherwise obstruct, nor attempt to hinder or
obstruct, either directly or indirectly, an Officer, employee and/or agent of the
Municipality in the lawful exercise of power or duty under this by-law.
PART VII - PENALTIES FOR VIOLATIONS UNDER THE PROVINCIAL
OFFENSES ACT
1. Any person who contravenes any provision of this by-law is guilty of an offence
and on conviction is liable to a fine as provided for in the Provincial Offences
Act, and all such penalties shall be recoverable under the Provincial Offences
Act, and all the provisions of the Provincial Offences Act shall apply hereto.
This By-Law shall come into force and take effect upon the date of an order from the
Ontario Court of Justice approving the set fines for the offenses established by this by-
law.
This By-Law No. 137-2019 as read and deemed to be PASSED this 7th day of
November 2019.
By-law No. 137-2019 Page 5 of 8
The Corporation of The Township of Alnwick/ Haldimand
Schedule “A” of By Law No. 137-2019
Designated Disabled Parking Areas
HIGHWAY/PROPERTY LOCATION NUMBER OF
SPACES
Alnwick Civic Centre and Library, | Parking Lot, front of building One
Roseneath
Alnwick Civic Centre, Roseneath Parking Lot, back of building Two
Fenella Community Hall, Fenella Parking Area, Upper level One
Fenella Community Hall, Fenella Parking Lot, Lower Level One
Haldimand Memorial Arena and | Parking Lot Two
Park facility, Grafton
Vernonville Community Centre Parking Lot One
Centreton | Community Hall, | Parking Lot One
Centreton
Municipal Administration Office, | Parking Lot One
Grafton
Grafton Community Centre and | Parking Lot One
Library
Nawautin Nature Sanctuary, | East Entrance One -
Grafton
Nawautin Nature Sanctuary, | West Entrance One
Grafton
The Corporation of the Township of Alnwick/ Haldimand
By-law No. 137-2019 Page 6 of 8
Schedule “B” of By Law No. 137-2019
No Parking at Anytime-Restrictions
HIGHWAY SIDE(S) FROM & TO PERIOD
McDonald Road, Both North from the entrance to Peter’s Woods Anytime
Centreton Provincial Park to the top of the hill
McDonald Road, Both South of the entrance to Peter’s Woods Anytime
Centreton Provincial Park to the intersection of the
unopened road allowance and McDonald
Road
McDonald Road, Both North and south 30 metres of the entrance Anytime
Centreton of the parking lot to proceed into the
Northumberland Forest
Beagle Club Road, Both North and south 30 metres of the entrance | Anytime
Bowmanton of the parking lot to proceed into the
Northumberland Forest and/or any road
access into the Northumberland Forest
Bowmanton Road, Both East and West 30 metres of any road access | Anytime
Bowmanton into the Northumberland Forest
Tucker Road, Both North and south 30 metres of the entrance Anytime
Centreton of Tucker Road into the Northumberland
| Forest
By-law No. 137-2019 Page 7 of 8
The Corporation of The Township of Alnwick/ Haldimand
Voluntary and Set Fines
Part II Provincial Offences Act
By-Law No. 137-2019
Regulation of Vehicular Parking
Item | Short Form Wording Provision Voluntary Set Fine
Creating or Payment
Defining Offence | (payable within
7 days)
1 Park in Designated Part ITI, 1. $300.00 $350.00
Disabled Parking Space
2 Park in a Restricted Area — | Part III, 2. $75.00 $85.00
Anytime
3 Park to Obstruct Snow Part II, 3. $75.00 $85.00
Removal
4 Park to obstruct Winter Part III, 3. $75.00 $85.00
Maintenance between
November 1 to April 30
5 Park Longer than 48 hours | Part III, 4. $75.00 $85.00
6 Park within nine metres of | Part IV, 1. a. $40.00 $50.00
an intersection
7 Parked within three Part IV, 1.b. $40.00 $50.00
metres of a fire hydrant
8 Park in front of any Part IV, 1.¢. $40.00 $50.00
driveway
9 Park on road way to Part IV, 1.d. $40.00 $50.00
display “For Sale”
10 Park on road way for Part IV, 1.e. $40.00 $50.00
purpose of vehicle repair
11 Parked blocking a sidewalk | Part IV, 1.f. $40.00 $50.00
12 Park on any bridge or the | Part IV, 1.g. $40.00 $50.00
approaches thereto
13 Park on road way Part IV, 1.h. $40.00 $50.00
interfering with road
maintenance
14 Park within the turning Part IV, 1.1. $40.00 $50.00
area of a cul-de-sac
11 Park on a boulevard Part IV, 1,j. $40.00 $50.00
16 Park on any street in a Part IV, 1.1. $40.00 $50.00
manner to obstruct traffic
17 Park to prevent the Part IV, i.m. $40.00 $50.00
removal of vehicles
previously parked
18 Park heavy motor vehicles | Part IV, 2 $40.00 $50.00
(3 tons) without Special
Permit
19 Park on Municipal Property | Part IV, 3. $75.00 $85.00
contrary to sign
20 Hinder or obstruct and Part VI,1.g. $75.00 $85.00
Officer in the lawful
exercise of power or duty
Note: The penalty provision for the offences indicated above is Section 61 of the Provincial Offences Act, R.S.O.
1990, c.P.33