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Parking Control By-Law
Page 1 of 12
BY-LAW 07-36
OF THE TOWNSHIP OF CLEARVIEW
Being a By-Law to regulate the parking of vehicles within the Township of
Clearview.
WHEREAS Section 11(3) of the Municipal Act, 2001, S.O. 2001 c.25, as amended,
empowers the councils of local municipalities to pass by-laws prohibiting parking on
municipal property, prohibiting or regulating the pairing, standing or stopping of vehicles
or classes thereof on a highway,
AND WHEREAS Section 63 (1) of the Municipal Act, 2001, S.O. c.25 as amended, says
that if a municipality passes a by-law for prohibiting or regulating the placing, stopping,
standing or parking of an object or vehicles on or near a highway, it may provide for the
removal and impounding or restraining and immobilizing of any object or vehicles placed,
stopped, standing or parked on or near a highway in contravention of the by-law. C.32.
Sched. A s.27.
AND WHEREAS Section 170 (15) of Highway Traffic Act, R.S.O. 1990 c.H.8 says a
police officer, police cadet, municipal law enforcement officer or an officer appointed
for carrying out the provisions of this Act, upon discovery of any vehicle parked or
standing in contravention of subsection (12), of a regulation made under subsection 26
(3) of the Public Transportation and Highway improvement Act or of a municipal By-
Law, may cause it to be moved or taken to and placed or stored in a suitable place
and all costs and charges for the removal, care and storage of the vehicle, if any, are a
lien upon the vehicle, which may be enforced in the manner provided by the Repair
and Storage Liens Act. 2005, c.26. Sched. A, s. 28 (2).
AND WHEREAS Section 427 of the Municipal Act 2001. S.O. 2001, c.25 says a By-Law
establishing a system of disabled parking shall provide that every person who
contravenes the By-Law is guilty of an offence and on conviction is liable to a fine of
not less than $300. 2006, c. 32, Sched. A, s. 184.
AND WHEREAS the Council of the Corporation of the Township of Clearview deems it
necessary and expedient to pass a By-Law to regulate parking of vehicles on highways
and municipal property.
NOW THEREFORE BE IT RESOLVED THAT:
Parking Control By-Law
Page 2 of 12
1. INTRODUCTION
1.1
Title and Scope
1.1.1 This is a by-law to regulate parking of vehicles within the Township of Clearview.
This shall be known as the "Parking Control By-Law" for the Township of Clearview.
1.2
Repeal of former By-Laws
1.2.1 Former By-Laws 01-48, 03-27 and 05-06 for the Township of Clearview are
hereby repealed upon the effective date of this By-Law.
1.3
Validity and Severability
1.3.1 Should any section, subsection, paragraph, or provision of this By-Law be
declared by a court of competent jurisdiction to be invalid or unenforceable, the same
shall not affect the validity or enforceability of any other provisions of this By-Law or
the By-Law as a whole.
1.4
Interpretation
1.4.1 Words used singular shall have corresponding meanings when used in the plural.
1.4.2 "May" shall be construed as permissive.
1.4.3 "Shall" shall be construed as imperative.
1.5
Force and Effect
This By-Law shall come into force and effect on the day that it receives the approval of
Council of the Township of Clearview.
2. DEFINITIONS
2.1
"Authorized Sign" means any sign on a highway, any curb or sidewalk marking
or other device, placed or erected on a highway under the authority of this By-Law for
the purpose of regulating parking.
2.2
"Designated No Parking Zone" means any location which has been designated by
By-Law as an area where parking is prohibited and authorized signs have been
erected.
2.3
"Designated No Standing Zone" means any location which has been designated
by By-Law as a "Designated No Stopping Zone" and authorized signs have been
erected.
Parking Control By-Law
Page 3 of 12
2.4
"Designated No Stopping Zone" includes:
a)
Any location that stopping has been prohibited by By-Law and authorized
signs have been erected.
b)
A school zone between the hours of 8.30am and 4.30pm on any day when
school is open and authorized signs have been erected.
2.5
"Designated Disabled Person Parking Area(s)" means a parking area designated
by By-Law as being reserved solely for the use of a vehicle operated by or on behalf of
a physically disabled person and authorized signs have been erected.
2.6
"Disabled person Parking Permit" means a disabled person-parking permit issued
under the authority of the Highway Traffic Act and regulations made under the Act.
2.7
"Emergency Services Vehicle" means an ambulance, fire department vehicle,
police vehicle or rescue vehicle.
2.8
"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 intended
for or used by the general public for the passage of vehicles and includes the area
between the lateral property lines thereof
2.9
"Intersection" means the area embraced within the prolongation or connection of
the lateral curb lines, or if none, then the lateral boundary lines of two or more
highways that join one another at an angle, whether or not one highway crosses the
other.
2.10 "Motor Vehicle" includes an automobile, motorcycle, motor assisted bicycle and
any other vehicle propelled or driven otherwise than muscular power and does not
include a motorized snow vehicle, traction engine, farm tractor, self-propelled
instrument of husbandry or road building machine.
2.11 "Municipal Parking Lot" means any area that is not a highway, owned or
maintained by the Township for parking of vehicles.
2.12 "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 of merchandise or passengers.
2.13 "Pedestrian Crossover" means any portion of a roadway, designated by By-Law
of a municipality, at an intersection or elsewhere, distinctly indicated for pedestrian
crossing by signs on the highway and lines or other markings on the surface of the
roadway as prescribed by the regulations under the Highway Traffic Act R.S.O. 1990,
Chapter H.8.
Parking Control By-Law
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2.14 "Prohibited location" means any location as outlined in Section 3(1) of this By-
Law.
2.15 "Public Utility Vehicle" means a vehicle operated on behalf of a public utility
including a hydro electric utility, water utility, telephone company or natural gas
company.
2.16 "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.
2.17 "Sidewalk" means that portion of a highway between the curb lines, the lateral
lines of a roadway and the adjacent property lines, intended for the use of pedestrians.
2.18 "Stand" or "Standing" when prohibited, means the halting of a vehicle, whether
occupied or not, except for the purpose and while actually engaged in receiving or
discharging passengers.
2.19 "Stop" or "Stopping", when prohibited, means the halting of a vehicle, whether
occupied or not, except when necessary to avoid conflict with other traffic or in the
compliance with the direction of a police officer or of a traffic control sign or signal.
2.20 "Township" shall mean the Corporation of the Township of Clearview.
2.21 "Township Clerk", shall mean the Clerk for the Township of Clearview.
2.22 "Vehicle", includes a motor vehicle, trailer, traction engine, farm tractor, road
building machine, bicycle, motorized snow vehicle, and any vehicle drawn, propelled or
driven by any kind of power, including muscular power.
2.23 "Zoning By-Law" means the prevailing Zoning By-Law(s) in force and effect in
the Township of Clearview.
2.24 "Designated Bus Loading Zone" means an area designated by By-Law as being
reserved solely for the use of school buses or buses engaged in the transportation of
students between the hours of 8.30am and 4.30pm on days when the school is open to
students.
2.25 "Person" shall mean and include the operator or person having care and control
of a vehicle, an individual company, partnership, corporation, limited company or the
registered owner of a vehicle.
2.26 "Fire Chief" means the Chief of the Corporation of the Township of Clearview Fire
Department.
2.27 "Heavy Commercial Vehicle" means a commercially licenced vehicle in excess of
3,000 kilograms gross vehicle weight or unladen weight.
Parking Control By-Law
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2.28 "Residential Zone" means any highway that runs adjacent to any property that is
zoned residential according to the Township's Zoning By-Law 06-54 as amended.
3. OFFENCES
3.1
No person shall park a motor vehicle:
a) So as to obstruct a sidewalk
b) Within an intersection
c) So as to obstruct a private driveway or laneway
d) So as to obstruct a pedestrian crosswalk
e) So as to interfere with the movement of traffic
f) On a highway within 9 metres of an intersection
g) On a highway within 3 metres of a fire hydrant
h) Within a school bus loading zone;
i) On a highway within 152 metres of firefighting apparatus while said apparatus is
actually engaged in fighting a fire, or any greater distance directed by a police
officer or member of the fire department.
j) On a highway within 7 metres of the entrance-way to a fire hall on the same side
of the highway that the fire hall is located or within 30 (thirty) metres of the
entrance way to a fire hall on the opposite side of the highway.
k) On a bridge.
l) Within a "designated no parking zone"
3.2
No person shall stop, stand or park a vehicle in any area where parking is
prohibited by the Fire Marshall
3.3
No person shall stand or park a vehicle in a "Designated No Standing Zone"
3.4
In an area designated as an angle parking area, no person shall park a vehicle
having a greater length than 6.1 metres.
3.5
No person shall park a motor vehicle on any highway unless the motor vehicle is
parallel to and not more than thirty (30) centimetres to the curb or boundary of the
highway. This section shall not apply where angle or perpendicular parking is
permitted.
3.6
No person shall park a vehicle on a highway unless on the right hand side of the
highway having regard to the direction in which the motor vehicle had been
proceeding. This section does not apply to parking of a motor vehicle on the left side of
a designated one-way highway unless prohibited by sign.
Parking Control By-Law
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3.7
Where the properly worded signs are erected and are on display, no person shall
park a vehicle within 13.7 metres of an intersection.
3.8
No person shall stand a motor vehicle, other than a commercial motor vehicle,
unattended unless it is locked in such a manner as to prevent its operation by any
person not authorized by the owner, driver or person in charge.
3.9
No person shall park a vehicle on any highway or road way between the hours of
1:00 AM and 6:00 AM
3.9.1 Section 3.9 does not apply during the period from April 15 to October 15 of the
same year.
3.10 No person shall park in vehicle on a highway, Municipal Parking Lot or other
property owned by the Township in a manner that would interfere with the convenient
removal of snow.
3.11 No person shall park an unlicenced vehicle on any Municipal Parking Lot or other
property owned by the Township.
3.12 No person shall park a vehicle on any Municipal Parking Lot for more than 48
consecutive hours unless express permission has been obtained from the Township
Clerk.
3.13 No person shall park a vehicle on a highway for more than 24 consecutive hours.
3.14 Where properly worded signs have been erected and are on display, no person
shall park a vehicle on the highways set out hereunder for a period longer than two (2)
hours between the hours of 6.00 AM and 6.00 PM Monday to Saturday inclusive of each
week.
Street
From - To
Side
Highway #26
Catherine Street to a point 24 metres (80
feet) west of Perry Street centreline to
Huron Street
South Side
Highway #26
From a point 25 metres (82 feet) east of
South Side
Perry Street centreline to Huron Street
Highway #26
From a point 113 metres (370 feet) east
of County Road #42 to a point 66 metres
(216 feet) west Perry Street centreline
North Side
3.15 No person shall stop, stand or park a vehicle in a designated "Disabled Person
Parking Area", unless that person is the driver of a motor vehicle on which a valid
"Disabled Person Parking Permit" issued and displayed in accordance with the Highway
Parking Control By-Law
Page 7 of 12
Traffic Act and regulations made under it, is properly displayed on the vehicle and
which is being driven by or is carrying one or more physically disabled persons.
3.16 Where properly worded signs have been erected and are on display, no person
shall park a vehicle on the highways set out hereunder for a period longer than one (1)
hour between the hours of 8:00 AM and 6:00 PM, Mondays to Fridays inclusive of each
week.
Street
From - To
Side
Locke Avenue
In front of Stayner Collegiate Institute
North Side
Locke Avenue
In front of Clearview Meadows Elementary
School
North Side
13.6.1 "Section 3.1 5does not apply to a vehicle displaying a Parking Permit in a
prominent location in the front windshield of the vehicle"
3.17 No person shall stop a vehicle in a Designated No Stopping Zone".
3.18 No person shall stand or park a vehicle in any Township Fire Station parking lot
unless authorized by the Fire Chief or his designate.
Fire Stations
1. 204 Stayner Street
2. 5212 County Road 9
3. 7655 County Road 9
4. 794055 County Road 124
5. 95 Batteaux Road
3.19 No person shall park a heavy commercial vehicle in a residential zone.
4. PENALTY
Every person who contravenes any section of this By-Law is guilty of an offence and,
upon conviction, is subject to a penalty under the Provincial Offences Act.
5. CONTINUING OFFENCE
Each day that a situation as described in Section 3 of this By-Law is allowed to continue
shall constitute a separate offence under this By-Law and any Judge or Justice of the
Peace adjudicating on such matter may assess a separate fine for each and every day
that such situation has been allowed to continue.
Parking Control By-Law
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6. ADDITIONAL REMEDY
6.1
Any motor vehicle found in violation of any section of this By-law may be
removed and stored under the direction of the Municipal Law Enforcement Officer, or
any person designated by this By-law. Any such costs or charges incurred through such
removal care and storage will become a lien upon the vehicle which may be enforced in
the manner provided by the Repair Storage and Liens Act, 2005, C.26. Sched. A.
s.28(2).
6.2
For the purpose of Section 6.1, the following persons shall be considered as
designated persons:
a) Any Township employee while acting in his/her capacity as an employee and
dealing with a vehicle parked on property owned by the Township
b) Any person designated in writing by the Director of Public Works in the
circumstances contained in the designation.
c) Any police officer in lawful execution of his/her lawful duties.
7. EXEMPTIONS
The following are exempt from any provision of this By-Law:
a) Vehicles owned by or operated on behalf of the Township
b) Vehicles owned by or operated on behalf of a police department
c) Emergency Services Vehicles while providing emergency service, or
d) A public Utility Vehicle when providing emergent or urgent service or repairs.
e) Vehicles unable to proceed due to traffic congestion or back-up.
f) Vehicles required to stop under the provisions of the Ontario Highway Traffic Act
or other provincial or federal legislation.
8. EFFECTIVE DATE
This By-law becomes effective upon the date of receipt of the approval of the "Set
Fines" as set out in Schedule "B", by the Ministry of the Attorney General.
BY-LAW NUMBER 07-36 read a first, second and third time and finally passed this 11th
day of June 2007.
___________________________
Mayor
___________________________
Clerk
Parking Control By-Law
Page 9 of 12
SCHEDULE "A"
Parking Control By-Law 07-36
Clearview Township
For the purposes of the By-Law, parking of a vehicle is prohibited in the following
locations as they are designated as "Designated No Parking Zones".
Street
From - To
Side
King's Highway
#26
From the junction of Montreal and Brock
Streets to the Northerly limits of the
former Town of Stayner
East Side and West
Side
King's Highway
#26
From a point 24 metres (77 feet) west of
Perry Street Centreline to a point 25
metres (79 feet) east of Perry Street
centreline.
South Side
County Road #42
From the junction of Point and Quebec
Streets to the Junction of Margaret Street.
All streets within
the
Township
Designated School Zones
Either or both sides as
indicated by No Parking
Signs
Sideroad 36/37
(Nottawasaga
Township)
From County Road #124 to a point 210
metres (690 feet) west of County Road
#124
Both Sides
All streets within
the
Township
Within 9 metres of a designated school
crossing
Both Sides
Concession 4 -
Nottawasaga
(Fairgrounds
Road)
Northerly limits of Clearview Township to
the Barrie Collingwood Railway Crossing
Both Sides
Sideroad 33/34
Nottawasaga
Easterly limits of Clearview Township to
the junction of Concession 6 North,
Nottawasaga
Both Sides
Sideroad 33/34
Nottawasaga
Easterly limits of Clearview Township to
the junction of Concession 6 North,
Nottawasaga
Both Sides
Huron Street
Hwy #26 to the Municipal parking lot
East Side
Greengage Road
From Switzer Street to the Furthest
Easterly point of Greengage Road
Both Sides
Perry Street
From a point 103 metres North of John
Street to a point 119 metres North of John
Street
West Side
Parking Control By-Law
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Street
From - To
Side
King's Highway
#26
From a point 50 metres east of the
centerline of Perry Street to a point 80
metres east of the centerline of Perry
Street
North Side
Concession 10
Nottawasaga
From County Road 124 to a point 175
metres north of County Road 124
East Side
Concession 10
Nottawasaga
From County Road 124 to a point 50
metres north of County Road 124
West Side
The designated "No Parking Zones" do not apply to a vehicle operated by a member of
the Clearview Township Fire Department while engaged in firefighting, training or
administrative activities on behalf of the Clearview Fire Department and while
displaying a "Parking Permit" issued by the Clearview Township Fire Chief.
Furthermore, it does not apply to implements of husbandry and commercial vehicles
while engaged in agricultural activities at the location of Concession 4 Nottawasaga
(Fairgrounds Road) and Sideroad 33/34 Nottawasaga.
For the purpose of this By-Law the stopping of a vehicle is prohibited in the
following locations that are hereby designated as "Designated No Stopping
Zones".
Street
From - To
Side
King's Highway
#26
The junction of County Road #42 to
Catharine Street
South Side
Kings Highway
#26
From the junction of Simcoe County Road
#91 to Montreal Street
Both Sides
County Road #42
From the Junction of King's Highway #26
To Point Street
Both Sides
Huron Street
King's Highway #26 to a point 15 metres
(49 feet) south of King's Highway #26
West Side
Huron Street
From Charles Street to Superior Street
West Side
Batteaux Road
15 metres East of the East curb of the
Easterly entrance to the Nottawa
Elementary School, 81 Batteaux Road, to a
point 15 metres West of the extension of
the westerly property line of the said
school.
Both Sides
8am-4pm
School Days
Oak Street
From the South Side of the junction with
William Street to a point 100 metres South
of William Street.
West Side Only
King's Highway
#26
From the junction of Huron Street to the
junction with Ontario Street
South Side
Parking Control By-Law
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Street
From - To
Side
King's Highway
#26
From junction of Brock Street to a point 26
metres East of east curb of Brock Street
North side
County Road 91
From junction of County Road 42 to the
junction with Sutherland Street South
South Side
County Road 91
From junction of King's Highway #26 to
the junction with Sutherland Street North
North Side
County Road 91
From intersection of County Road #95 to
easterly for a distance of 1,150 meters
North and South
portions of the
roadway
King's Highway
#26
From the junction of County road 42 to a
point 113 metres East of East curb of
King's Highway #26
North Side
Catherine Street
From Point Street to Highway 26
Both Sides
Locke Avenue
From the junction of the King's Highway
#26 to Jonathan Court
South Side
8:00 am to 9:00 am
and 3:00 pm to 4:00
pm on School Days
Locke Avenue
From the junction of King's Highway #26
to a point 99 metres east of King's
Highway #26
North Side
8:00 am to 9:00 am
and 3:00 pm to 4:00
pm on School Days
Locke Avenue
From the junction with Jonathan Court to a
point 150 metres east of Jonathan Court
South Side
8:00 am to 9:00 am
and 3:00 pm to 4:00
pm on School Days
King's Highway
#26
From a point 66 metres west of Perry
Street centerline to a point 50 metres east
of Perry Street
North Side
Mulmur-
Nottawasaga
Townline
Mulmur Nottawasaga Townline, west from
Concession 10 South Nottawasaga to the
Mulmur Melanchton Townline
North Side
For the purposes of this By-Law it is prohibited to stop, stand or park in the
following locations without a valid and properly displayed "Disabled Person
Parking Permit" and are hereby designated as "Designated Disabled Person
Parking Areas".
Street
From - To
Side
Huron Street
From a point 15 metres (49 feet) south of
King's Highway #26 to a point 22.5 metres
(74 feet) South of King's Highway #26
West Side
Parking Control By-Law
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Street
From - To
Side
Huron Street
From a point 12.5 metres (41 feet) north
of Gideon Street to a point 16.2 metres
(53 feet) north of Gideon Street
West Side
Elizabeth Street
From Library Street to a point 26 metres
(85 feet) west of Library Street
South Side
Perry Street
From a point 9 metres (30 feet) south of
William Street to a point 14 metres (46
feet) south of William Street
West Side
Caroline Street
From a point 12 metres (40 feet) east of
Mill Street to a point 18 metres (60 feet)
east of Mill Street
North Side
Mill Street
From a point 9 metres (30 feet) south of
Caroline Street to a point 15 metres (50
feet)
West Side
King's Highway
#26
From a point 24 metres (78 feet) east of
Perry Street to a point 30 metres (98 feet)
east of Perry Street
South Side
Locke Avenue
At the entrance to Stayner Collegiate
Institute
North Side
Clearview
Township
Administration
Building (Stayner)
Provisions for 2 vehicles as marked
Creemore Public
Library parking lot
Provisions for one vehicle as marked
Stayner
Community
Centre parking lot
Provisions for 3 vehicles as marked
Creemore
Community
Centre Parking Lot
Provisions for 3 vehicles as marked
Station on the
Green Parking lot
Provisions for 2 vehicles as marked