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CORPORATION OF THE TOWNSHIP OF EAST HAWKESBURY
BY-LAW NO. 2018-80
BEING a By-Law to regulate parking within the limits of the Township of East
Hawkesbury.
WHEREAS, Section 27 of the Municipal Act, 2001, as amended provides that the
Council of a municipality may pass by-laws in respect of a highway over which it has
jurisdiction;
AND WHEREAS, the Council of the Corporation of the Township of East Hawkesbury
deems it desirable to do so;
THEREFORE, the Council of the Corporation of the Township of East Hawkesbury
enacts as follows:
SHORT TITLE
1. This By-Law may be cited as the "Parking By-Law".
DEFINITIONS
2. In this By-Law:
2.1
"Crosswalk" shall mean
i) 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 travelled portion of the highway; or
ii) Any portion of a highway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by signs or by lines or other markings
on the surface;
2.2
"Farm Tractor" shall mean a self-propelled vehicle designated and used
primarily as a farm implement for drawing ploughs, mowing machines and
other implements of husbandry and not designated or used for carrying a
load;
2.3
"Corporation" shall mean the Corporation of the Township of East
Hawkesbury;
2.4 "Highway" shall mean the following unless they have been closed:
i) All highways that existed on December 31, 2002;
ii) All highways established by by-law of a municipality on or after
January 1, 2003;
iii) All road allowances made by Crown surveyors that are located in
municipalities;
iv) All road allowances, highways, streets and lanes shown on a
registered plan of subdivision.
2.5
"Intersection" shall mean 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;
2.6
"Motorcycle" shall mean a self-propelled vehicle having a seat or saddle
for the use of the driver and designated to travel on not more than three
wheels in contact with the ground, and includes a bicycle with a motor
attached and a motor scooter;
2.7
"Municipal Law Enforcement Officer" shall mean the Municipal Law
Enforcement Officer appointed by the Council of the Corporation of the
Township of East Hawkesbury;
2.8
"Motor Vehicle" includes an automobile, motorcycle and any other
vehicle propelled or driven otherwise than by muscular power but does not
include a traction engine, farm tractor or road building machine;
2.9
"Park" shall mean to allow a motor vehicle or other vehicle which is
practicable and lawful to move, to remain stationary on a highway for a
longer period of time than is necessary in order to take on or discharge
passengers or merchandise therefrom;
2.10 "Township" means the Township of East Hawkesbury;
2.11 "Physically Handicapped Parking" shall mean a parking area whereby
parking is allowed only to motor vehicles that:
i) Display in the right-hand lower corner of the windshield, a permit
issued by the Minister of Transportation; or
ii) Have a special Provincial license plate issued for physically disabled;
2.12 "Road Building Machine" shall mean a self-propelled vehicle designed
and used primarily in connection with the building or maintaining of
highways and not designed or used for carrying a load;
2.13 "Sidewalk" includes all such parts of a highway as are set aside for the
use of pedestrians;
2.14 "Trailer" shall mean a vehicle that is at any time drawn upon a highway
by a motor vehicle, except an implement of husbandry, another motor
vehicle or any device or apparatus not designed to transport persons or
property, temporarily drawn, propelled or moved upon a highway, and,
except a side car attached to a motorcycle, shall be considered a vehicle
and nor part of the motor vehicle by which it is being drawn;
2.15 "Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor,
road building machine and any vehicle drawn, propelled or driven by any
kind of power including muscular power but does not include a motorized
snow vehicle or the cars od electric or steam railways running only upon
rails;
2.16 "Fire Route" shall mean any road, land, ramp or other means of vehicular
access to or egress from a building or structure specifically identified as
such for use of emergency vehicles;
2.17 "Prohibited Parking Zone" shall mean an area of the untraveled portion
of a highway clearly marked as a prohibited parking area by signs placed
at intervals of no more than 25 meters.
PARKING OFFENCES
3.1
No person shall park a vehicle:
3.1
within an intersection or within six (6) meters thereof;
3.2
within a distance of three (3) meters from any fire hydrant, such distance
being measured from that point on the curb which is found by taking the
shortest distance between the fire hydrant and the curb;
3.3
in front of any church or other building used for religious purposes while a
funeral service is taking place;
3.4
on a sidewalk or crosswalk;
3.5
in such a manner as to obstruct the entrance to a private lane unless he or
she is the owner thereof or a person authorized by the owner to park in
such a manner;
3.6
upon any bridge;
3.7
in such a manner as to obstruct traffic;
3.8
within six (6) meters of a designated crosswalk;
3.9
in such a manner as to interfere with the maintaining or construction of a
highway.
4. No person shall, within the limits of the Corporation of the Township of East
Hawkesbury, park or allow to remain standing on any highway any vehicle between
the hours of 11:00 p.m. and 07:00 a.m. from the first (1st) day of December on one
year to the first (1st) day of April in the following year.
5. No person shall park a vehicle or permit a vehicle to remain parked on any highway;
5.1
while the work of removing snow or ice therefrom or clearing of snow
therefrom is in progress; or
5.2
in such a manner as to interfere with street cleaning operations.
6. No person shall park a vehicle on a highway for the purpose of exhibiting the
vehicle or of offering the vehicle for sale.
7. No person shall park a vehicle or allow a vehicle to be parked in any parking space
designated as a physically handicapped parking space unless that vehicle is
identified as specified in Section 2.11 of this By-Law.
8. No person shall cause or allow the unauthorized use of a permit issued pursuant to
Section 2.11 of this By-Law.
9. No person shall park a vehicle or permit a vehicle to remain parked on any highway
within a prohibited parking zone.
10. No person shall park or leave a vehicle in any area designated as a fire route.
11. No person who is operating a vehicle for the purpose of delivering goods, wares,
merchandise, milk, bread or any other commodity shall stop or park said vehicle at
any place on any highway other than at the curb or die of the highway.
ADMINISTRATION
12. The provisions of this By-Law shall be enforced by the Municipal Law Enforcement
Officer.
PENALTIES
13. Whenever a vehicle is parked in contravention of any Section of this By-Law, the
Municipal Law Enforcement Officer may cause the said vehicle to be moved or
taken to and placed or stored in a suitable place and all costs and charges for
removing, care of storage thereof, shall be paid by the owner of the said vehicle in
the manner provided in the Repair and Storage Liens Act, R.S.O. 1990, Ch. R.25.
14. Every person who contravenes any of the provisions of this By-Law is guilty of an
offence and, on conviction thereof, shall forfeit and pay a penalty for each such
offence and every such penalty shall be recoverable under the Provincial Offences
Act, R.S.O. 1990, Ch. P.33.
15. When a person has been convicted of an offence under this By-Law any Court of
competent jurisdiction thereafter, may, in addition to any other penalty imposed on
the person convicted, issue an order prohibiting the continuation or repetition of the
offence or the doing of any act or thing by the person convicted directed toward the
continuation or repetition of the offence.
SEVERABILITY
16. The requirements of this By-Law are severable. If any requirements of this By-Law
are held invalid, the application of such requirements to other circumstances and
the remainder of this By-Law shall not be affected.
READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS
26TH DAY OF NOVEMBER, 2018.
______________________________
_____________________________
Robert Kirby, Mayor
Luc Lalonde, Clerk
SEAL
CORPORATION OF THE TOWNSHIP OF EAST HAWKESBURY
PART I PROVINCIAL OFFENCES ACT
BY-LAW NO. 2018-80: PARKING
Item
Column 1
Short Form Wording
Column 2
Provision Creating
or
Defining Offence
Column 3
Set Fine
1
Unauthorized use of a
handicapped permit
Section 8
$50.00
NOTE: The penalty provisions for the offences indicated above is Section 14 of By-Law
No. 2018-80, a certified copy of which has been filed.
CORPORATION OF THE TOWNSHIP OF EAST HAWKESBURY
PART II PROVINCIAL OFFENCES ACT
BY-LAW NO. 2018-80: PARKING
Item
Column 1
Short Form Wording
Column 2
Provision Creating or
Defining Offence
Column 3
Set Fine
1
Park within intersection
Section 3.1
$50.00
2
Park within six (6) meters of intersection
Section 3.1
$50.00
3
Park within three (3) meters of a fire hydrant
Section 3.2
$65.00
4
Park in front of church during a funeral
service
Section 3.3
$50.00
5
Park on a sidewalk
Section 3.4
$50.00
6
Park on a crosswalk
Section 3.4
$50.00
7
Park obstructing a private entrance
Section 3.5
$50.00
8
Park on a bridge
Section 3.6
$50.00
9
Park obstructing traffic
Section 3.7
$50.00
10
Park within six (6) meters of a crosswalk
Section 3.8
$50.00
11
Park when prohibited by winter parking
restrictions
Section 4
$65.00
12
Park in a snow removal area
Section 5
$65.00
13
Park for purpose of sale
Section 6
$50.00
14
Park in handicapped space
Section 7
$300.00
15
Park in prohibited parking zone
Section 9
$65.00
16
Park in a fire route
Section 10
$85.00
17
Park delivery vehicle away from curb
Section 11
$50.00
NOTE: The penalty provisions for the offences indicated above is Section 14 of By-Law
No. 2018-80, a certified copy of which has been filed.