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The Corporation of the United Townships of Dysart, Dudley, Harcourt,
Guilford, Harburn, Bruton, Havelock, Eyre and Clyde
By-Law No. 2024-13
Being a by-law to regulate and control parking on highways under the
jurisdiction of the Corporation of the United Townships of Dysart, Dudley,
Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde and on
municipal and private property within the corporate boundaries
Whereas, pursuant to the Municipal Act, R.S.O. 2001, c. 25, as amended, and
the Motorized Snow Vehicle Act, R.S.O. 1990, c. M.44, a municipality may pass
by-laws respecting the parking of vehicles on highways and on other lands,
including by-laws to designate parking spaces for the exclusive use of certain
vehicles, and to impose fees for parking;
Now therefore, the Council of the Corporation of the United Townships of
Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre and Clyde
enacts as follows:
1. Short Title
This by-law may be referred to as the Parking Control By-law and shall
apply to all highways under the jurisdiction of the Corporation of the United
Townships of Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton,
Havelock, Eyre and Clyde, and on municipal and private property within
the Corporate boundaries.
2. Definitions
In this by-law:
2.1
"authorized sign" means any sign or other device, which is not an
official sign, and which has been placed or erected on a highway,
municipal property or private property under the authority of this by-
law.
2.2
"boulevard" means the part of a highway between the property line
and the edge of the roadway. A boulevard may or may not contain
a sidewalk or driveway;
2.3
"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;
2.4
"intersection" means the arc embraced within the prolongation or
connection of the lateral curb lines or, if none, then of the lateral
boundary lines of the two or more highways that join one another at
an angle, whether or not one highway crosses the other;
2.5
"official sign" means a sign pursuant to either the Highway Traffic
Act or the Ontario Traffic Manual;
2.6
"park" or "parked" or "parking" when prohibited means the halting of
a vehicle, whether occupied or not, except when halted temporarily
for the purpose of and while actually engaged in loading or
unloading merchandise or passengers;
2.7
"police officer" or "officer" for the purpose of this by-law means a
member of the Ontario Provincial Police or a municipal law
enforcement officer, authorized to enforce the provisions of this by-
law and includes all other persons appointed as provincial offences
officers pursuant to the Provincial Offences Act, R.S.O. 1990,
chapter P33;
2.8
"private property" means property on which one or more signs have
been erected by or on behalf of the owner or occupant prohibiting
or restricting parking in any manner;
2.9
"roadway" means the part of the highway that is improved,
designed or ordinarily used for vehicular traffic, but does not include
the shoulder;
2.10 "sidewalk" means a path or strip of land paved or otherwise on a
highway physically set apart of designed, made available or
intended for pedestrian use;
2.11 "stop" or "stopping" or "standing" means the halting of a vehicle,
even momentarily, whether occupied or not, except when
necessary to avoid conflict with other traffic, or to comply with the
direction of an officer or police officer or a traffic sign or signal;
2.12 "taxicab" means a motor vehicle kept or used for hire for the
conveyance of passengers or goods;
2.13 "Municipality" means the Corporation of the United Townships of
Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton, Havelock, Eyre
and Clyde;
2.14 "municipal property" means any property owned or occupied by the
Corporation of the United Townships of Dysart, Dudley, Harcourt,
Guilford, Harburn, Bruton, Havelock, Eyre and Clyde;
2.15 "vehicle" includes any automobile, motorcycle, motor assisted
bicycle, trailer, traction engine, farm tractor, road building machine
and vehicle drawn, propelled or driven by any kind of power,
including muscular power and motorized snow vehicles but not
including motor vehicles running only upon rails;
2.16 "without consent" means when a vehicle is parked on municipal
property and the owner or operator has been notified by the
Municipality that parking is prohibited. Notification may be verbal or
written. Written notification is deemed served if it has been affixed
to the vehicle in a conspicuous place for a twenty-four (24) hour
period.
3. Parking Regulations and Prohibitions
3.1
No person shall park a vehicle at any time:
(1)
on a highway facing in a direction opposite to that of the
legal direction of traffic on the side of the highway that the
vehicle is parked;
(2)
on a highway unless the vehicle is parallel to the curb or the
edge of the roadway and the right-hand side wheels are not
more than 15 centimetres (5.9 inches) onto the roadway
from the curb or the edge of the roadway;
(3)
on a sidewalk or the improved portion of a boulevard;
(4)
in front of a public or private driveway or laneway or within 1
meter (3.3 feet) of the limits thereof;
(5)
within an intersection or 9 metres (29.5 feet) of the limits of
an intersection;
(6)
on any bridge or on the approach to any bridge;
(7)
on any highway or portion thereof in such a manner as to
obstruct traffic;
(8)
in such a manner that the vehicle is not wholly within a
designated parking space unless such vehicle is of such
length so as to render it impossible to do so and section
5.2(4) hereof is complied with when applicable;
(9)
in such a position so as to prevent the convenient removal of
any vehicle previously parked or left standing;
(10)
on the highways or portions thereof as specified in Schedule
"A" attached hereto, or on a highway or portions thereto, or
on municipal property, where an authorized sign or official
sign which prohibits parking has been erected by resolution
of the Council of the Municipality;
(11)
on municipal property without consent;
3.2
No person shall park a vehicle on the highways or portion thereof or
municipal property as set out in Schedule "B" in excess of the
specified time limits therein on the days specified therein.
3.3
Despite any other provisions of this by-law, no person shall park or
stand a vehicle in such a manner as to interfere with the clearing of
snow, or the sanding or maintenance of a highway.
3.4
Despite the provisions of Section 3.1(10) and Section 3.2 of this by-
law, no person shall park a vehicle on a highway from November 1
until April 15 of the following year between the hours of 12:00
midnight and 7:00 A.M.
3.5
The operator of a bus or taxicab shall not stop or park a bus or a
taxicab upon any highway other than those portions designated as
bus or taxicab stands provided that this provision shall not prevent
the operator from temporarily stopping for the purpose of and while
actively engaged in loading or unloading passengers.
4. Standing Regulations
4.1
No person shall at any time allow a vehicle to be standing on a
highway or portion thereof specified in Schedule "C" attached
hereto.
4.2
No person shall at any time allow a vehicle to be standing on a
sidewalk or the improved portion of a boulevard.
4.3
No person shall at any time allow a vehicle to be standing with the
right-hand side wheels more than 15 centimetres (5.9 inches) on to
the roadway from the edge of the curb or roadway.
5. Specified Time Limit Parking Zones
5.1
Subject to the other provisions of this by-law, those portions of
highways listed in Schedule "B" shall be and are hereby designated
as time limited parking zones.
5.2
Notwithstanding anything in this by-law to the contrary, the
following rules and regulations apply to time limited parking zones;
(1)
No person shall park a vehicle in a time limited parking zone
for longer than 2 hours (120 minutes) at any one time
between the hours of 9:00 A.M. and 6:00 P.M. on Mondays,
Tuesdays, Wednesdays, Thursdays, Fridays and Saturdays
throughout the year except when such days are legally and
lawfully proclaimed holidays.
(2)
If a vehicle is of such length that it cannot be parked within
one parking space, the person parking the vehicle may
occupy two (2) spaces and shall not occupy those spaces for
longer than 2 hours (120 minutes).
(3)
Nothing in this by-law shall be construed as prohibiting the
Municipality from providing for a free parking space for
loading or unloading, for taxicab or bus stands and for the
matters of a similar nature or for removing or not installing
parking meters in the said parking meter zones and for
special consideration; and
(4)
Any portion or portions of the areas designated in this by-law
as "time limited parking zones" may be at any time be
designated temporarily as "No Parking" areas by resolution
of the Council of the Municipality.
6. Accessible Parking Regulations
6.1
In this section:
(1)
"accessible parking space" means a parking space
designated under this by-law for the exclusive use of a
vehicle displaying an accessible parking permit in
accordance with the requirements of the Highway Traffic Act
and the regulations made thereunder and this by-law;
(2)
"permit" means an accessible parking permit issued under
the Highway Traffic Act and the regulations made thereunder
or a permit, number plate or other marker or device issued
by another jurisdiction and recognized under that Act.
6.2
An accessible parking space:
(1)
shall be distinctly indicated in accordance with the
requirements of the Highway Traffic Act and the regulations
made thereunder; and
(2)
shall include a part of any highway or of any municipal
property or private property marked by official signs
restricting its use as an accessible parking space.
6.3
No person or organization shall park a vehicle in an accessible
parking space, unless a currently valid permit has been issued to
that person, or organization, or to a passenger being picked-up or
transported in the vehicle and such permit is displayed on or in the
vehicle in accordance with the requirements of the Highway Traffic
Act, the regulations made thereunder and this by-law.
6.4
The driver or operator of a vehicle which displays a permit in
accordance with the requirements of the Highway Traffic Act and
the regulations made thereunder and this by-law shall not be
required to pay an amount in excess of the normal fee paid by other
users of the same parking lots or other parking facilities to which
the public has access.
7. Penalties
7.1
Where a vehicle is found parked in contravention of the provisions
of this by-law, the police officer or officer so finding the vehicle may
issue a certificate of parking infraction and a parking infraction
notice. The said parking infraction notice may be served upon the
owner of the vehicle identified in the notice or upon the operator of
the vehicle by a method prescribed by the Provincial Offences Act,
R.S.O. 1990, chapter P33.
7.2
The following offences are offences in which voluntary payment in
full satisfaction in respect to the offences may be made:
(1)
park vehicle facing opposite direction of traffic contrary to
Section 3.1(1) herein;
(2)
park vehicle more than 15 cm (5.9") from edge of roadway /
curb contrary to Section 3.1(2) herein;
(3)
park vehicle on sidewalk / boulevard contrary to Section
3.1(3) herein;
(4)
park vehicle obstructing driveway / laneway contrary to
Section 3.1(4) herein;
(5)
park vehicle within 9 m (29.5') of an intersection contrary to
Section 3.1(5) herein;
(6)
park vehicle on bridge or on approach to bridge contrary to
Section 3.1(6) herein;
(7)
park vehicle obstructing traffic contrary to Section 3.1(7)
herein;
(8)
park vehicle not totally in designated parking space contrary
to Section 3.1(8) herein;
(9)
park vehicle preventing convenient removal of other vehicle
contrary to Section 3.1(9) herein;
(10)
park vehicle in prohibited area contrary to Section 3.1(10)
herein;
(11)
park vehicle on municipal property without consent contrary
to Section 3.1(11) herein;
(12)
park vehicle interfering with highway maintenance contrary
to Section 3.3 herein;
(13)
park vehicle on highway between 12:00 midnight and 7:00
A.M. contrary to Section 3.4 herein;
(14)
park bus or taxicab in an area not designated contrary to
Section 3.5 herein;
(15)
stand vehicle in prohibited area contrary to Section 4.1
herein;
(16)
stand vehicle on sidewalk / boulevard contrary to Section 4.2
herein;
(17)
stand vehicle more than 15 cm (5.9") from edge of roadway /
curb contrary to Section 4.3 herein;
(18)
park vehicle in excess of maximum time limit contrary to
Section 5.2(1) herein;
(19)
park vehicle in accessible parking space without permit
contrary to Section 6.3 herein;
7.3
Every 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, R.S.O. 1990, c. P. 33.
7.4
The owner of a vehicle shall incur the penalties provided for any
violator of this by-law unless, at the time of such violation, the
vehicle was in the possession of some person other than the owner
or his chauffer, without the owner's consent and the driver of the
vehicle not being the owner shall incur the penalties provided for
any violation of the terms of this by-law.
7.5
The provisions of this by-law shall not apply in respect of
municipally owned or emergency vehicles while the occupants of
such vehicles are engaged in the performance of their duties.
8. Removing and Impounding Vehicles
8.1
Any municipal law enforcement officer, police officer, police cadet
or any person appointed for carrying out the provisions of the
Highway Traffic Act may, under the authority of Section 170(15) of
the Highway Traffic Act, R.S.O. 1990, chapter H8, upon discovery
of any vehicle found in contravention of this 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 removing, caring and storage thereof, are
a lien upon the vehicle, which may be enforced in the manner,
provided by the Repair and Storage Liens Act, R.S.O. 1990,
chapter R25.
9. Implementation
9.1
Municipal law enforcement officers of the Corporation of the United
Townships of Dysart, Dudley, Harcourt, Guilford, Harburn, Bruton,
Havelock, Eyre and Clyde are hereby appointed to enforce this By-
law.
9.2
The Road Superintendent is hereby authorized and directed to
obtain, erect and maintain such official signs and authorized signs
as are necessary to give effect to the provisions of this by-law.
9.3
This by-law comes into force and takes effect on March 27, 2024
subject to the provisions of the Provincial Offences Act, R.S.O.
1990, chapter P33.
9.4
By-laws numbered 2010-42, 2011-94, 2013-15, 2021-55, 2023-68
or any preceding by-laws regulating parking shall be repealed on
March 27, 2024 when this by-law comes into force and takes effect.
10. Enforcement
The provisions of this by-law shall be enforced by any police officer or officer
as defined by Section 2.7 herein.
Read a first, second and third time, signed and the Corporate Seal attached
hereto this 27th day of February, 2024.
Mayor: Murray Fearrey
Clerk: Mallory Bishop
Schedule "A"
(List of highways or portions of highways where parking is prohibited.)
1.
Independent Street, north and south sides of road between intersection of
Eastern Avenue and Cattail Road between the hours of 8:00A.M. and 6:00
P.M. daily;
2.
Victoria Street adjacent to school property between hours of 8:30 A.M.
and 4:40 P.M., Monday through Friday;
3.
The east half (33 feet) of the original road allowance between the
Township of Sherborne and the Township of Havelock, being located at
Lot 1, Concession 12, Township of Havelock;
4.
Wigamog Road - "No Parking" as indicated between signs in the vicinity
of Lot 6, Concession 3, Township of Dysart, Silver Beach Campground;
5.
Grass Lake Road from the intersection of County Road 1 (Gelert Road) to
1061 Grass Lake Road on both sides and from 1061 Grass Lake Road to
1173 Grass Lake Road on the west side;
6.
Blue Heron Trail on both sides of the road at Plan 633, Block 21,
Township of Guilford for a distance of about 1100 feet between posted
signs in front of the Blue Heron Boat Launch Area;
7.
Cedar Avenue on the east side from Highland Street heading south for a
distance of 30 metres (98.4 feet);
8.
North side of Mountain Street from Dysart Avenue heading east for a
distance of 15 metres (49.2 feet);
9.
West side of Dysart Avenue from Mountain Street heading north for a
distance of 33 metres (108.3 feet);
10.
West side of Dysart Avenue from Highland Street heading south for a
distance of 22.5 metres (74 feet);
11.
East side of Dysart Avenue from Mountain Street heading north for a
distance of 33 metres (108.3 feet);
12.
South side of York Street from Maple Avenue heading west for a distance
of 103 meters (337.9 feet);
13.
West side of Cedar Avenue from Highland Street to Mountain Street from
November 1 until April 15 of the following year;
14.
North side of Park Street from Maple Avenue to Pine Avenue from
November 1 until April 15 of the following year;
15.
Maple Avenue on the east side from Park Street to Sunnyside Street for a
distance of 140 meters (459.3 feet);
16.
Sunnyside Street on the north side from Maple Avenue to 1 Sunnyside
Street for a distance of 118 meters (387.1 feet).
17.
North side of Mountain Street heading east from a point of 72.17 meters to
a point of 76.22 meters (250 feet).
18.
The west corner of 206 Highland Street heading west towards the east
corner of 194 Highland Street, to a point of 20 meters (65.6 feet).
Schedule "B"
(List where time limit on parking)
1.
15 minutes parking maximum on east side of Maple Avenue within limits
of width of Post Office property as posted;
2.
15 minutes parking maximum at Haliburton Medical Centre 7217 Gelert
Road in designated short-term parking spaces;
3.
3 hours (180 minutes) parking maximum on highways between 12:00
Midnight and 7:00 A.M.
4.
2 hours (120 minutes) parking on Highland Street north and south sides
between the intersections of Cedar Avenue to the west and Dysart
Avenue to the east.
5.
2 hours (120 minutes) parking on Maple Avenue east and west sides
between the intersection of Mountain Street to the south and York Street
to the north.
6.
2 hours (120 minutes) parking on Highland Street north and south sides
between the intersections of Cedar Avenue to the west and Maple Avenue
to the east.
Schedule "C"
(List highways where no standing)
1.
Within 9 metres (29.5 feet) of all intersections.
2.
In front of Vehicle Access Doors to the Municipal Fire Hall.
3.
In front of Vehicle Access Doors to the Ambulance Hall.