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Unauthorized Parking By-law 104-2018 - Page 1 of 4
THE CORPORATION OF THE CITY OF BRAMPTON
BY-LAW
Office Consolidation
Unauthorized Parking By-law 104-2018
(Amended by By-laws 86-2025)
To regulate unauthorized parking on boulevards, side yards and front yards
WHEREAS section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended, authorizes a local municipality to pass by-laws necessary or desirable
for the public, including parking and traffic on highways, and parking except on
highways.
AND WHEREAS subsection 102.1(1) of the Municipal Act, 2001 permits a
municipality to require a person to pay an administrative penalty if the
municipality is satisfied that the person has failed to comply with any by-laws
respecting the parking, standing or stopping of vehicles;
AND WHEREAS Council for The Corporation of the City of Brampton deems it
necessary to regulate unauthorized parking;NOW THEREFORE the Council of
The Corporation of the City of Brampton ENACTS as follows:
NOW THEREFORE, the Council of The Corporation of the City of Brampton
ENACTS as follows:
Definitions
1.
In this By-law:
a. Boulevard means that portion of the road allowance which is not used
as a sidewalk, driveway access, travelled roadway or shoulder;
b. By-law means this by-law;
c. City means The Corporation of the City of Brampton;
d. Director means the City's Director of Enforcement and By-law Services,
and his or her designate;
e. Emergency Vehicle means an ambulance, fire department vehicle or
police vehicle;
f. Front Lot Line means any lot line of the lot abutting a street;
g. Front Yard means a yard extending across the full width of a lot
measured between the front lot line and the nearest part of a building on
the lot;
h. Highway includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, any part of
which is used or intended for use by the general public for the passage of
vehicles, and includes the entire area between its lateral property lines.
Unauthorized Parking By-law 104-2018 - Page 2 of 4
Without limitation, highway includes un-assumed and unopened road
allowances;
i. Lot means a parcel of land within the City's territorial limits which is:
i. shown as a lot or block on a registered plan of subdivision; or
ii. described in a single Transfer/Deed of Land of legal effect
registered in the Land Registry Office for the Region of Peel;
j. Lot Line means the boundary of a Lot;
k.
Manager means the City's Manager, By-law Enforcement;
l.
Motor Vehicle means an automobile, motorcycle, motor-assisted bicycle
and any other vehicle propelled or driven otherwise than by muscular
power;
m. Officer means each of:
(a) the Director;
(b) the Manager;
(c) a Municipal Law Enforcement Officer appointed by Council or by
the Director to enforce this By-law; and
(d) a police officer employed by a municipal police force or by the
Ontario Provincial Police;
(14) Person includes an individual, association, firm, partnership,
corporation, trust, organization, trustee, or agent, and their heirs,
executors, or legal representatives;
(15) Rear Lot Line means the Lot Line opposite the Front Lot Line;
(16) Rear Yard means a Yard extending across the full width of a Lot
measured between the Rear Lot Line and the nearest part of a building
on the Lot;
(17) Side Lot Line means any Lot Line other than a Front or Rear Lot Line;
(18) Side Yard means a Yard extending from the Front Yard to the Rear
Yard measured between the Side Lot Line and the nearest part of a
building on the Lot;
(19) Street means a public Highway or road allowance having a minimum
width of 12.0 metres;
(20) Surfaced means, when used to describe a driveway, aisle, parking
space, parking area or loading space, an area covered with asphalt,
concrete interlocking brick or block, crushed stone, gravel, slag or other
material capable of providing and maintaining a hard dust free surface;
(21) Unauthorized Area means any surface:
(a) that cannot sustain the weight of a vehicle, including any soft
landscaping; or;
(b) that provides passage for walking or providing access to a building,
including a pathway or walkway
(By-law 86-2025)
(22) Vehicle means a motor vehicle, trailer, traction engine, farm tractor,
road- building machine, 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 a streetcar. (By-law 86-2025)
(23)Yard means an open space on a Lot appurtenant to a building and
unoccupied by buildings or structures. (By-law 86-2025)
Unauthorized Parking By-law 104-2018 - Page 3 of 4
Prohibition
2.
No Person shall park, stand or stop a Vehicle in an unauthorized area. (By-
law 86-2025)
3.
No Person shall permit the parking, standing or stopping of a Vehicle in an
unauthorized area. (By-law 86-2025)
4.
If compliance would be impractical, sections 2 and 3 of this By-law shall not
apply to:
(1)
Emergency Vehicles;
(2)
Motor Vehicles while engaged in works undertaken for or on behalf of
the City of Brampton, Region of Peel or other public utility; or
(3)
Motor Vehicles engaged in activities authorized by a Road Occupancy
Permit or a Special Events Permit issued by the City.
Order to Discontinue
5. (1) Where an Officer is satisfied that a Person has contravened this By-
law, the Officer may make an order requiring the Person who
contravened the By-law or who caused or permitted the contravention,
or the owner or occupier of the land on which the contravention
occurred, to discontinue the contravening activity.
(2) An order under subsection 5(1) shall set out:
(a) reasonable particulars of the contravention adequate to identify
the contravention and the location of the land on which the
contravention occurred; and
(b) the date by which there must be compliance with the order.
6.
Every Person shall comply with an order issued pursuant to section 5 of
this by-law.
Service of Order
7.
Service of an order to discontinue on a Person may be given in writing in
any of the following ways and is effective:
(1) when a copy is personally delivered to the Person to whom it is
addressed;
(2) on the fifth (5th) day after a copy is sent by registered mail to the
Person's last known address;
(3) upon the conclusion of the transmission of a copy by facsimile
transmission to the Person's last known facsimile transmission
number; or
(4) upon the sending of a copy by e-mail transmission to the Person's last
known e-mail address.
Conflict
8.
This By-law shall not be construed to reduce or mitigate any restrictions or
regulations lawfully imposed by the City or by any governmental authority
having jurisdiction to make such restrictions or regulations.
9.
If there is a conflict between a provision of this By-law and a provision of
any other City By-law, the provision that establishes the higher standard to
Unauthorized Parking By-law 104-2018 - Page 4 of 4
protect the health and safety of the public and to maintain clean and tidy
condition on Land shall apply.
Administrative Penalty
10.
Every Person shall, when given a penalty notice in accordance with the
City's Administrative Monetary Penalty By-law, be liable to pay to the City
an administrative penalty in the amount specified in the City's
Administrative Monetary Penalty System By-law Number 333-2014, as
amended.
11.
An Officer may, upon observing any Motor Vehicle parked, stopped or
standing in contravention of this By-law, cause it to be moved or taken
away and stored in a suitable place. Towing may occur in addition to any
other enforcement mechanism. All costs and charges for removing, taking
away and storage shall be a lien upon the Motor Vehicle which may be
enforced in the manner provided by the Repair and Storage Liens Act,
R.S.O 1990, c. R.25.
General Provisions
12.
This By-law may be referred to as the Unauthorized Parking By-law.
13.
If a court of competent jurisdiction declares any provision or part of a
provision of this By-law invalid, the provision or part of a provision is
deemed severable from this By-law and it is the intention of City Council
that the remainder of the By-law shall continue to be in force.
14. This By-law shall come into force on the date of its passing.
ENACTED and PASSED this 30th day of May, 2018.
THE CORPORATION OF THE CITY OF BRAMPTON
Original signed by:
Linda Jeffrey - Mayor
Peter Fay - City Clerk