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1
THE MUNICIPAL CORPORATION OF THE TOWNSHIP OF ARMOUR
BY-LAW #54-2019
Being a By-law to Regulate and Control Parking
in the Township of Armour
WHEREAS Sections 8 and 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
authorizes a municipality to pass by-laws respecting its highways, including parking and
traffic on highways;
AND WHEREAS Sections 63 and 101 of the Municipal Act, 2001 S.O. 2001, c.25, as
amended shall permit such by-law to authorize the impounding of vehicles improperly
parked;
AND WHEREAS Sections 425, 427 and 429 of the Municipal Act, 2001, S.O. 2001, c.25,
as amended shall authorize the creation of offences and the imposition of liability on the
owner of a vehicle left parked, stopped or standing in contravention of such by-law and
for the payment of penalties out of court;
AND WHEREAS the Council of The Municipal Corporation of the Township of Armour
deems it expedient to pass a By-law to regulate parking within the Township of Armour;
NOW THEREFORE the Council of The Municipal Corporation of The Township of Armour
enacts as follows:
1.
Definitions
1.1
"Accessible Parking Permit" means a permit issued to a person who meets the
requirements of the Ministry of Transportation of Ontario pursuant to the Highway
Traffic Act, R.S.O 1990 c. H.8.
1.2
"Authorized Sign" means any sign or roadway, curb or sidewalk markings or
other device placed or erected on a highway under the authority of this By-law for
the purpose of regulating parking.
1.3
"Boulevard" means that part of a street lying between the roadway and sidewalk
or where no sidewalk has been laid, that part between the roadway and the
highway boundary.
1.4
"By-law Enforcement Officer" means a person appointed by the Council of the
Township of Armour, for the purpose of enforcing the by-laws of the municipality.
1.5
"Commercial Motor Vehicle" means a motor vehicle having permanently
attached thereto a truck, or delivery body and includes ambulances, hearses,
casket wagons, fire apparatus, buses and tractors used for hauling purposes on
the highways.
1.6
"Corporation" means The Municipal Corporation of the Township of Armour.
1.7
"Council" means the Council of The Municipal Corporation of the Township of
Armour.
1.8
"Crosswalk" means that part of a highway at an intersection that 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 roadway; or any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by signs or by lines or other markings on the
surface.
1.9
"Designated Fire Route" means any private roadway, lane, ramp or other means
of vehicular access to or egress from a building and it may include part of a parking
lot set aside for use by authorized emergency vehicles.
1.10 "Designated Parking Space" means a parking space designated for the sole use
of motor vehicles displaying a valid accessible parking permit.
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1.11 "Highway" (See "Street or Highway")
1.12 "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.
1.13 "Motor Vehicle" or "Vehicle" includes an automobile, trailer, motorcycle, traction
engine, farm tractor, road building machinery, motor assisted bicycle and any other
vehicle propelled or driven by any kind of power, including muscular power; but
does not include a street car or other motor vehicles running on rails or motorized
snow vehicle.
1.14 "Operator" means a person who operates a motor vehicle.
1.15 "Owner" means a person who is registered as the owner of a motor vehicle.
1.16 "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.
1.17 "Pedestrian" means a person afoot, invalid and children in wheeled carriages.
1.18 "Police Officer" means a member of the Ontario Provincial Police or a person
authorized by the Commander of the Ontario Provincial Police Detachment to
regulate or direct traffic.
1.19 "Roadway" means the part of the highway that is improved, designed or ordinarily
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 separately and not to all of the roadways collectively.
1.20 "Sidewalk" means that portion of a street between the curb lines or the lateral
lines of a roadway and the adjacent property lines intended for the use of
pedestrians.
1.21 "School Purpose Vehicle" means a vehicle operated under contract with a Board
of Education that meets all the standards of the Highway Traffic Act and
Regulations.
1.22 "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 or merchandise.
1.23 "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 police officer or of a traffic
control sign or signal.
1.24 "Street" or "Highway" includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is
intended for or used by the general public for the passage of vehicles and includes
the area between the lateral property lines thereof.
2.
General
2.1
Application of By-law - Save where otherwise specifically provided, the
provisions of this By-law shall apply to:
a)
all highways and parts of highways under the jurisdiction of the Township
of Armour;
b)
all public lanes or alleys that have been established by a by-law of the
Council.
2.2
Enforcement - The Ontario Provincial Police or a By-law Enforcement Officer shall
enforce the provisions of this By-law.
2.3
Obedience to Parking Signs - Every person shall promptly obey all authorized
3
signs.
3.
Method of Parking
3.1
Parallel - No person shall park a vehicle on any street unless on the right hand
side of the street, having regard for the direction in which the vehicle had been
proceeding and unless the right-front and right-rear wheels or runners of the
vehicle are parallel to and a distance respectively not more than six inches from
the edge of the roadway, unless prevented from doing so by an accumulation of
snow in winter.
3.2
Angle - Where angle parking is permitted, no person shall park a vehicle except
at an angle of forty-five degrees with the edge of the roadway and so that the front
end of the vehicle is nearest to the edge of the roadway.
3.3
Right Angle - Where right-angle parking is permitted, no person shall park a
vehicle except at an angle of ninety degrees with the edge of the roadway.
3.4
One-way streets - where parking is permitted on a one-way street, a person may
park a vehicle facing only in the direction in which it was proceeding and with the
left-front and left rear wheels parallel to and distant not more than six inches from
the edge of the roadway, provided that this provision shall not apply where parking
on the right-hand side of a one-way street is specifically authorized by By-law.
3.5
Parking Spaces - Where parking spaces are distinctly marked on a street no
person shall park a vehicle except within the marked area so that no part of the
vehicle encroaches on an adjacent parking space, aisle or traffic lane unless the
vehicle cannot be accommodated in one parking space.
4.
Parking & Stopping Regulation
4.1
Parking Prohibited - General
a)
No person shall park a vehicle in any of the following places:
i)
on or overhanging the sidewalk or curb;
ii)
on that portion of a boulevard that is not intended for the use by
vehicles and that portion of the boulevard between the sidewalk and
curb;
iii)
in front of or within 1.5 metres of the entrance to a driveway or so as
to prevent ingress to or exit from such driveway;
iv)
within an intersection;
v)
within three (3) metres of a fire hydrant;
vi)
within a designated fire route;
vii)
within fifteen (15) metres of any railway track which crosses the
roadway or is adjacent to a roadway;
viii)
within nine (9) metres of an intersecting roadway;
ix)
on any bridge;
x)
in such a position as will prevent the convenient removal of any other
vehicle previously parked or standing;
xi)
in front of the entrance to a theatre, auditorium, or other building
where large assemblies are being held in such theatre, auditorium or
other building or for a reasonable time immediately preceding and
following such assemblages;
xii)
on the approaches, turning, or ramp areas to any public boat
launching ramp in such a manner as to interfere with the launching
or landing of any water craft;
xiii)
on any highway for the purpose of repairing, washing, or
maintenance of a vehicle, save when such use of the highway is
unavoidable through emergency;
xiv)
on any highway for the purpose of soliciting, vending, buying or
selling goods and/or service otherwise permitted by By-law;
xv)
on a crosswalk;
xvi)
on any highway so as to obstruct or prohibit snow removal
operations;
xvii)
on any highway if it is immobile or unlicensed for the current year.
b)
No vehicle shall stand or park on any street within the Township where the
effect of the standing or parking would obstruct the passage of vehicles on
the street.
c)
No person shall park a vehicle from 2:00 a.m. to 7:00 a.m., from November
4
1st to April 15th, on a highway under the jurisdiction of the Township.
4.2
Parking Prohibited - In specific places where authorized signs displayed
a)
When authorized signs have been erected and are on display, no person
shall park a vehicle in any of the following places:
i)
on any highways or parts of highways named or described in this By-
law;
ii)
on any public lane;
iii)
in a cul-de-sac along the turn around;
iv)
on any highway within fifteen (15) metres of the termination of a dead
end highway;
v)
within thirty (30) metres of an intersection controlled by traffic
control signals;
vi)
within fifteen (15) metres of an intersection.
4.3
Bus Loading Zones
When authorized signs have been erected and are on display, no person shall
park, stop or stand a vehicle with the exception of a School Purpose Vehicle during
the process of loading or unloading pupils in a designated Bus Loading Zone,
from 8:00 a.m. to 9:00 a.m. and 3:00 p.m. to 4:00 p.m.
4.4
Loading and Unloading Commercial Vehicles
a)
No person engaged in the loading or unloading of a commercial vehicle
shall permit his vehicle to stand for a period longer than the actual
loading or unloading required.
b)
Notwithstanding anything contained elsewhere in this By-law, where a lane
is located at the rear or to the side of premises to or from which the loading
or unloading is to be carried out, the loading or unloading shall be made
from the lane.
c)
Where ever possible, vehicles shall be loaded or unloaded from the side
and be parked within 6 inches of the curb.
4.5
Stopping Prohibited - In Specific Places where authorized signs displayed
No person shall stop a vehicle, unless otherwise permitted in this By-law, on any
highways or parts of highways, on the side or sides of highways unless authorized
signs have been erected.
4.6
Stopping Prohibited - General
a)
No person shall stop a vehicle in any of the following places:
i)
on a sidewalk;
ii)
on a crosswalk;
iii)
within a designated fire route;
iv)
within a school bus loading zone;
v)
on, under or within 30 metres of a bridge, elevated structure, tunnel
and/or underpass;
vi)
on a highway alongside another vehicle which is stopped, standing
or parked except where such stopping, standing or parking is in
compliance with traffic control signals, authorized signs or other
lawful traffic control method.
4.7
Parked on Private or Municipal Property without Consent
a)
No vehicle shall be parked on private or municipal property without the
consent of the owner or adult occupant of the property.
b)
Notwithstanding 4.7(a), overnight parking is permitted where authorized
signs have been erected, so long as the vehicle is removed by 9:00 a.m.
the following day.
4.8
Accessible Parking Regulations
a)
A designated parking space shall be distinctly indicated in accordance with
the requirements of the Highway Traffic Act and the regulations made
thereunder.
b)
No person shall park, stop or stand a vehicle in a designated accessible
parking space, or be entitled to the benefit of an exemption under this By-
law, unless a currently valid accessible parking permit has been issued to
that person or to a passenger being picked up or transported in such
vehicle, and such permit is displayed on or in the vehicle in accordance with
the Highway Traffic Act.
c)
Every person having possession of an accessible parking permit shall, on
the demand of a police officer, police cadet, By-law Enforcement Officer or
an Officer appointed for carrying out the provisions of the Highway Traffic
Act, surrender the permit for reasonable inspection to ensure compliance
with the provisions of the Highway Traffic Act, the regulations made
thereunder and this By-law.
d)
No person shall hinder or obstruct, or attempt to hinder or obstruct, any
person exercising a power or performing a duty under the Highway Traffic
Act, the regulations made thereunder and this By-law.
4.9
Temporary "No Parking" or "No Stopping" Signs
5
a)
The Ontario Provincial Police, Roads Department and/or By-law
Enforcement Department may erect or cause to be erected "No Parking"
and "No Stopping" signs in such places and for such temporary periods as
may be reasonably necessary or advisable and no person shall park or stop
their vehicle in accordance with said authorized signs.
b)
Pursuant to the above section, no unauthorized person may remove, alter,
injure, obstruct or otherwise interfere with an authorized sign erected.
4.10 Exemptions
a)
The provisions of this By-law respecting parking, stopping or standing of
vehicles shall not apply to:
i)
Emergency Vehicles where the operator is engaged in the
performance of their duty;
ii) motor vehicles forming part of a funeral cortege, provided that all such
vehicles are parked only on one side of the highway at one time;
iii)
a motor vehicle that has been rendered immobile due to mechanical
failure, provided that the owner of said vehicle has removed the vehicle
within 24 hours of the breakdown so long as the vehicle is not impeding
traffic;
iv) a municipally owned or leased vehicle, where the operator is engaged
in work on behalf of the municipality;
v) a motor vehicle during any emergency which includes and is not
limited to fire, flood, or other natural disaster, road repairs or
maintenance, or public utility maintenance or repair and any
circumstances in which Section 134 of the Highway Traffic Act, R.S.O.,
1990, applies.
b)
Any person may make application to Council to be granted an exemption
from the time limited parking regulations. The request must provide specific
dates, times, locations and reasons for the exemption. Council, by
resolution, may refuse, allow or alter the requested exemption. Breach by
the applicant of any of the terms or conditions of any exemption granted by
Council shall render the exemption null and void.
5.
Authorized Signs
5.1
The Roads Supervisor, or designate, is hereby authorized and directed to erect
and maintain such signs, markings, barricades and other structures and equipment
as are required to give effect to this By-law.
5.2
The Roads Supervisor, or designate, is authorized to temporarily remove or
otherwise annul such parking regulation signs as may be necessary to
accommodate the interests of the municipality.
5.3
Save as may be otherwise more specifically provided in this By-law or the Highway
Traffic Act, it shall be an Offence against the provisions of this By-law for any
person to fail to comply with the directions of any authorized signs on a Highway.
6.
Enforcement
6.1
Where a vehicle is found parked in violation of the provisions of this By-law, a
police officer or the By-law Enforcement Officer so finding the vehicle may attach
to the vehicle a Certificate of Parking Infraction, which states:
a)
the license number of the vehicle and any other identification tag
marking, if any, of such vehicle.
b)
the date, time and location when such vehicle is parked in
violation of any of the provisions of this By-Law.
c)
that the vehicle has violated the provisions of the By-law and nature of the
alleged offence.
d)
that the owner or operator thereof may report to the Corporation within
fifteen (15) days after the date the Certificate of Parking Infraction was
issued to make voluntary payment of the penalty indicated on said
certificate.
6.2
The owner of a motor vehicle may be charged with and convicted of an offence for
contravention of any provision of this By-law for which the driver of the vehicle is
subject to be charged unless, at the time of the offence, the vehicle was in the
possession of some person other than the owner without the owner's consent.
6.3
Vehicle Towing
In addition to any other penalties provided for in this By-law, a By-law Enforcement
Officer, police officer, or Township Roads Supervisor, where a vehicle is in
contravention of this By-law, at their discretion, under the authority of Section
170(15) of the Highway Traffic Act, RSO 1980, Chapter 198, c.8, may cause the
6
vehicle to be removed, taken away and stored in a suitable place and all costs and
charges incurred are the responsibility of the owner of said vehicle and shall be a
lien, upon the vehicle, which lien may be enforced in the manner provided for by
the Repair and Storage Liens Act, R.S.O., 1990, Chapter R.25, as amended.
7.
Penalties
Every person who contravenes any provision of this By-law is guilty of an offence
and upon conviction, shall be liable to a fine of not more than five thousand
($5,000.00) dollars, as provided for in the Provincial Offences Act, R.S.O. 1990,
Chapter P. 33.
8.
Schedules
Schedule "A" to this by-law shall be deemed to form part of this By-law.
9.
Severability
If any section or sections of this By-law or parts thereof are found by a court of law
to be illegal or beyond the power of Council to enact, such section or sections or
parts thereof shall be deemed to be severable and all other sections or parts of this
By-law shall be deemed to be separate and independent therefrom and to be
enacted as such.
10.
Conflict
If a provision of this By-law conflicts with an Act or regulation or another By-law the
provision that is the most restrictive shall prevail.
11.
Short Title
This By-law shall be known as the "Parking By-law".
12.
Effective Date
This By-law shall come into force and take effect upon the Set Fine approval by
the Attorney General's Office.
13.
Administration
That the Clerk of the Township of Armour is hereby authorized to make any minor
modifications or corrections of an administrative, numeric, grammatic, semantic or
descriptive nature or kind to the By-law and schedule(s) as may be deemed
necessary after the passage of this By-law, where such modifications or
corrections do not alter the intent of the By-law.
14.
Schedule "A"
Part 1 Offences short form wording and set fines for such offences.
Once the By-law has been approved, the short form wording and set fines will be
applied for with the Provincial Offences Courts to have them approved.
These offences can be issued on the persons committing the offences on the day
of the offence, or within 30 days of the offence.
Read in its entirety, approved,
signed
and
the
seal
of
the
Corporation affixed thereto and
finally passed in open Council this
24th day of September, 2019.
Original signed by Bob MacPhail
Robert MacPhail, Reeve
Original signed by John Theriault
John Theriault, Clerk
The Corporation of the Township of Armour
Part II Provincial Offences Act
Bylaw 54-2019: Parking
Schedule "A"
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ITEM COLUMN 1
SHORT FORM WORDING
COLUMN 2
PROVISION
CREATING
OR
DEFINING
OFFENCE
COLUMN 3
EARLY
VOLUNTARY
PAYMENT
(payable
within 7 days)
COLUMN 4
SET FINE
1
Park facing the wrong
direction.
3.1
$25.00
$35.00
2
Park not at a 45-degree
angle.
3.2
$25.00
$35.00
3
Park not at a 90-degree
angle.
3.3
$25.00
$35.00
4
Park on wrong side of one-
way street.
3.4
$25.00
$35.00
5
Park not wholly within a
parking space.
3.5
$25.00
$35.00
6
Park on sidewalk.
4.1(a)(i)
$25.00
$35.00
7
Park on boulevard.
4.1(a)(ii)
$25.00
$35.00
8
Park obstructing driveway.
4.1(a)(iii)
$25.00
$35.00
9
Park within intersection.
4.1(a)(iv)
$25.00
$35.00
10
Park within 3 m of fire
hydrant.
4.1(a)(v)
$55.00
$80.00
11
Park within fire route.
4.1(a)(vi)
$55.00
$80.00
12
Park within 15 m of railway
tracks.
4.1(a)(vii)
$25.00
$35.00
13
Park within 9 metres of an
intersecting roadway.
4.1(a)(viii)
$25.00
$35.00
14
Park on a bridge.
4.1(a)(ix)
$25.00
$35.00
15
Park obstructing other
vehicle(s).
4.1(a)(x)
$25.00
$35.00
16
Park obstructing theater,
auditorium or other places of
assembly entrance.
4.1(a)(xi)
$40.00
$55.00
17
Park obstructing public boat
launch and ramp.
4.1(a)(xii)
$25.00
$35.00
18
Park for the purpose of
repairing, washing or
maintenance of vehicle.
4.1(a)(xiii)
$25.00
$35.00
19
Park for the purpose of
soliciting.
4.1(a)(xiv)
$25.00
$35.00
20
Park obstructing crosswalk.
4.1(a)(xv)
$25.00
$35.00
21
Park obstructing snow
removal.
4.1(a)(xvi)
$40.00
$55.00
22
Park immobile or unlicensed
vehicle.
4.1(a)(xvii)
$25.00
$35.00
23
Park obstructing traffic.
4.1(b)
$25.00
$35.00
24
Park during prohibited times.
4.1(c)
$55.00
$80.00
25
Park in prohibited area.
4.2(a)(i)
$40.00
$55.00
26
Park in public lane.
4.2(a)(ii)
$40.00
$55.00
28
Park within 15 metres of
dead end.
4.2(a)(iv)
$40.00
$55.00
29
Park within 30 metres of
intersection controlled by
traffic control signals.
4.2(a)(v)
$40.00
$55.00
30
Park within 15 metres of
intersection.
4.2(a)(vi)
$40.00
$55.00
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ITEM COLUMN 1
SHORT FORM WORDING
COLUMN 2
PROVISION
CREATING
OR
DEFINING
OFFENCE
COLUMN 3
EARLY
VOLUNTARY
PAYMENT
(payable
within 7 days)
COLUMN 4
SET FINE
31
Park within bus loading zone. 4.3
$40.00
$55.00
32
Park commercial vehicle
longer than loading and
unloading time.
4.4(a)
$25.00
$35.00
33
Stop within no stopping area. 4.6(a)
$40.00
$55.00
34
Stop on sidewalk.
4.6(a)(i)
$40.00
$55.00
35
Stop on crosswalk.
4.6(a)(ii)
$40.00
$55.00
36
Stop within fire route.
4.6(a)(iii)
$55.00
$80.00
37
Stop within bus loading zone. 4.6(a)(iv)
$40.00
$55.00
38
Stop within 30 metres of
bridge, elevated structure,
tunnel or underpass.
4.6(a)(v)
$40.00
$55.00
39
Stop alongside a previously
stopped vehicle.
4.6(a)(vi)
$40.00
$55.00
40
Park on private property
without consent.
4.7(a)
$25.00
$35.00
41
Park on municipal property
without consent.
4.7(a)
$25.00
$35.00
42
Park in a designated
accessible parking space
without a valid permit.
4.8(b)
n/a
$300.00
Note: the general penalty provision for the offences listed above is section 7 of bylaw
54-2019, a certified copy of which has been filed.