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THE CORPORATION OF THE TOWNSHIP OF
EDWARDSBURGH/CARDINAL
BY-LAW NO. 2018-29
"A BY-LAW TO PROVIDE FOR THE REGULATION OF PARKING WITHIN THE
TOWNSHIP OF EDWARDSBURGH CARDINAL"
WHEREAS pursuant to the provisions of Part II Section 11 (3) and Section 11 (8) of
the Muncipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality
may enact by-laws to regulate and govern parking of vehicles on highways or
portions theoreof;
AND WHEREAS Section 27 and Section 28 of the Municipal Act, 2001, S.O. 2001, c.
25, as amended, authorizes a municipality to pass by-laws in respect of a highway it
has jurisdiction over;
AND WHEREAS Section 100 through 102 of the Municipal Act, 2001, S.O. 2001, c.
25, as amended, authorizes a municipality to pass by-laws prohibiting unauthorized
parking on private or municipal property;
AND WHEREAS Municipal Act, 2001, S.O. 2001 provides that fines may be charged
for breaches of by-laws passed pursuant to the powers set out therein and further
provides for the removal, impounding or restraining or immobilizing of any vehicle
parked on a highway or on municipal property in contravention of a by-law or of the
Highway Traffic Act, RSO 1990, c.H8;
AND WHEREAS the Council of the Corporation of the Town ship of Edwardsburgh
Cardinal deems it desirable to enact a by-law to regulate and control the parking of
vehicles in the Township of Edwardsburgh Cardinal;
NOW THEREFORE BE IT RESOLVED that the Council of the Township of
Edwardsburgh/Cardinal enacts as follows:
SECTION 1 - DEFINITIONS
For the purposes of this by-law, the following definitions shall apply:
1.
Accessible Parking Permit: means a permit issued under the Highway Traffic
Act or a numbered license plate or other marker or device issued by another
Provincial jurisdiction and recognized under the Highway Traffic Act.
2.
Authorized Emergency Vehicle: means
a)
A fire fighting vehicle while proceeding to or returning from a fire or
emergency call;
b)
A vehicle while used by a person in the lawful performance of his or
her duties as a police officer or firefighter;
c)
An ambulance or cardiac arrest emergency vehicle while responding
to an emergency call or being used to transport a patient or injured
person in an emergency; or
d)
An emergency vehicle of a public or private utility, or Federal,
Provincial or Municipal Department when such a vehicle is being
used in the performance of emergency duties.
3.
Authorized Sign: means any parking or traffic control device or traffic signal
placed or erected on a highway under the authority of this by-law for the
purpose of regulating, warning or guiding traffic and includes such signs as
described in the regulations made pursuant to the Highway Traffic Act, RSO
1990, c. H8, as amended.
4.
Bicycle Path: means a surfaced or non-surfaced area or trail designated and
intended for the sole use of persons riding/operating non-motorized bicycles for
pleasure purposes.
5.
By-law Enforcement Officer: means a By-law Enforcement Officer of the
Town ship of Edwardsburgh Cardinal and any other officer authorized by the
Township of Edwardsburgh Cardinal for the enforcement of by-laws in the
Township of Edwardsburgh Cardinal. "Municipal Law Enforcement Officer'' shall
have a like meaning and interpretation.
6.
Commercial Motor Vehicle: includes a truck or highway tractor with a gross
weight or registered gross weight of more than 4500 kg or a bus with the
seating capacity for ten or more passengers. Exceptions are noted in
subsection 16( 1) of the HT A.
7.
Council: means the Council of the Corporation of the Township of
Edwardsburgh Cardinal.
8.
Designated Parking Space: means a parking space designated by the
Township for the sole use persons with disabilities.
9.
Fire Department: means the fire department established by the Township.
10. Fire Access Route: means an access route required for use by the Fire
Department provided by means of a roadway, street, parking lot, or yard.
11 . Highway. shall have the same meaning as roadway.
12. Intersection: means the junction or point at which two or more roadways meet
or cross each other, either in a perpendicular fashion or at an angle.
13. Motor Vehicle: means any private or commercial car or truck, motorcycle,
motorized farm vehicle, motor assisted bicycle, and any other road vehicle that
requires a motor or engine to be moveable. This meaning does not include a
road building machine within the meaning of the Highway Traffic Act, as
amended. "Vehicle" shall have a like meaning and interpretation.
14. Officer: means a member of the Ontario Provincial Police, or a person
empowered by way of the Provincial Offences Act and authorized by the
Council of the Township of Edwardsburgh Cardinal as By-law Enforcement
Officer.
15. Park or Parking: when prohibited, means the standing of a motor vehicle
including a pleasure vehicle, whether occupied or not, except when standing
temporarily for the purpose of and while engaged in loading or unloading
merchandise or passengers.
16. Parking lot: means an area of land that has been arranged, laid out or improved
to provide for the parking of motor vehicles.
17. Person: means a person, firm, organization, or corporation used in the normal
context of the word.
18. Private Passenger Vehicle: includes a personal use only car, truck, motorcycle
or other like vehicle that requires a road licence and is used exclusively for the
transportation of one or more persons.
19. Pleasure Vehicle: includes a licenced off-road vehicle such as a snowmobile or
all-terrain vehicle (A TV) that is dependent on an engine or motor to be
moveable.
20. Police Officer: means a member of the Ontario Provincial Police.
21. Provincial Offences Officer: means a Police Officer, Peace Officer or other
person lawfully appointed, pursuant to the Provincial Offences Act, to enforce
the by-laws of the Corporation.
22. Roadway: includes a common or public highway, street, avenue, lane, bridge,
overpass or thoroughfare, designed and intended for use by the general public
for the passage of vehicles, but does not include the shoulder of same. Where
a highway includes two or more separate roadways, the term roadway refers to
any one roadway separately and not to all of the roadway collectively. Also
includes descriptions found under Section 26 of the Municipal Act, S.O. 2001.
23. Sidewalk: means a surface area, adjacent to or separate from a street or
roadway, that was constructed and designed for the sole purpose of foot travel.
This meaning also includes a walking path surfaced or non-surfaced.
24. Stop or Stopping: when prohibited, means the halting of a motor vehicle,
including pleasure vehicles, even momentarily, whether occupied or not, except
when necessary to avoid conflict with other traffic or in compliance with the
directions of Law Enforcement Officer or other police officer or a traffic control
sign or signal.
25. Township: means the Corporation of the Township of Edwardsburgh Cardinal.
26. Trailer: means any accessory non-motorized road licenced or unlicensed
device, equipped with wheels, and which is dependent on a motorized vehicle
to be moveable. This can also include a sleigh that is horse or tractor drawn.
27. Vehicle: shall have a like meaning as "motor vehicle" and "commercial motor
vehicle" as previously described.
28. Winter Maintenance Event: means weather that is likely to require snow
plowing, sanding, salting, snow removal, or other winter maintenance
operations.
SECTION 2 - GENERAL REGULATIONS
1.
Where any expression of time occurs or where any hour or other period of time
is stated, the time referred to shall be the current local time.
2.
The By-law Enforcement Officer and Roads Superintendent may prohibit or
restrict parking of vehicles on one or both sides of any street(s) or road(s) for
such a length of time as he/she may deem proper for snow removal, street
repairs, funerals, parades, and other special occasions.
3.
Subject to the other provisions of this by-law prohibiting parking or stopping, no
commercial motor vehicle, attended or not, shall be parked or left standing on
any street, other than for the purpose of loading or unloading cargo or
performing work related to that zone, and then only for such a period as is
reasonable necessary to load or unload same.
4.
Any vehicle owned by the Township, utilities or subcontractors of either and any
authorized emergency vehicle shall be permitted to park in any parking space,
street, or roadway, provided that said vehicle displays on the exterior of the
vehicle, a recognized symbol of the Township or wording displaying the
ownership of the vehicle and is being used in the performance of municipal or
emergency duties. This exemption also includes the personal vehicles of
volunteer firefighters when on duty.
SECTION 3 - STOPPING AND PARKING RGULA TIONS
1.
Stoping or Parking - General
a)
No person shall park or stop any vehicle on any roadway or portion
thereof where the stopping or parking of vehicles is prohibited by
appropriate signage.
b)
No person shall park or stop any vehicle on any roadway so as to
impede the travel of other vehicles proceeding in the same or
opposite direction.
c)
Where there is a raised or rolled curb, all persons stopping or parking
a vehicle on a roadway will do so in a manner that situates the
vehicle as close and as parallel to the right-hand curb as possible.
This provision, as it relates to "parallel", does not apply to a street or
roadway having a downgrade or upgrade and a raised or rolled curb.
In the case of a roadway with a downgrade, the front wheels of the
vehicle may be directed toward or abut the curb, thus, the vehicle
may not be completely parallel to the curb when stopped or parked.
In the case of a roadway with an upgrade, the rear wheels may be
directed towards or abut the curb, thus, the vehicle may not be
completely parallel to the curb when stopped or parked.
d)
Where there is no curb, the vehicle will be stopped or parked as near
to the right-hand limit of the roadway as is practicable without
stopping or parking on a sidewalk or footpath, or, on any part of the
highway where grass is grown, or, any area that is not visibly
intended or otherwise identified for the stopping or parking of
vehicles.
2.
Parking - General and Unsigned
No person shall, on a roadway, park a vehicle in any of the following places:
a)
The entrance of a driveway or lane way or so as to obstruct vehicles
in the use of a driveway or lane way;
b)
Within three (3) meters from the point on the edge of the roadway and
nearest a fire hydrant;
c)
Within nine (9) meters of an intersecting roadway;
d)
Within three (3) meters of any level crossing or railway;
e)
On any roadway having overall width of less than six (6) meters;
f)
In front of an entrance to or exit from any building or enclosed space
in which persons may be expected to congregate in large numbers,
such as hotels, theatres, church halls, community centres;
g)
Alongside the tracks of any railway;
h)
In such a position as will prevent the removal of any other vehicle
previously parked;
i)
On any street when the vehicle is inoperable or derelict for periods in
excess of twelve ( 12) hours;
j)
On any street outside of a garage while waiting for the vehicle to be
taken in for repairs for periods in excess of twelve (12) hours;
k)
On any street for the purpose of making repairs or servicing the
vehicle. The replacing of a defective tire or starting of a stalled
vehicle is permitted;
I)
On any boulevard, median, sidewalk or property owned by the
Township and in any public park or private roadway/property, except
in areas designated for the parking of vehicles.
m)
In front of the entrance to an emergency services building.
3.
Parking - Specific and Signed
Where appropriate signs are erected and are on display, no person shall park or
cause to be parked, a vehicle on any roadway within the limits specified by those
signs. Parking shall also be prohibited as follows:
a)
No person shall park or cause to be parked a vehicle on any roadway
designated as a Fire Access Route or Fire Zone.
b)
No person shall park or cause to be parked a vehicle on any municipal
parking lot from 1 :00 a.m. to 7:00 a.m.
c)
No person shall park or cause to be parked a vehicle within any
designated firefighter parking.
SECTION 4- PERSONS WITH A DISABILITY PARKING PROVISIONS
1.
The Township may establish parking areas on roadways, township parking lots,
on Township owned or controlled lands or on private property which are to be
used solely for the parking of vehicles which display an accessible parking
permit.
2.
Where appropriate signs are erected, parking spaces designated for the use of
the handicapped/disabled shall be reserved for the exclusive use of those so
qualifying.
3.
No person, organization or corporation shall park, or permit to be parked, a
vehicle in a designated accessible parking area unless said vehicle is equipped
with an accessible parking permit.
4.
No person, corporation or organization shall display an accessible parking
permit in any vehicle unless that person, corporation or organization is
operating a vehicle which is being used at that time for the pick up or transport
of the holder of an accessible person parking permit.
5.
No person shall:
a)
Have in his/her possession an accessible parking permit that is
fictitious, altered or fraudulently obtained;
b)
Display an accessible parking permit other than in accordance with this
by-law;
c)
Fail or refuse to surrender an accessible parking permit in accordance
with this by-law;
6.
Every person having possession of an accessible parking permit shall, upon
demand of a Police Officer or By-law Enforcement Officer surrender the permit
for reasonable inspection to ensure that the provisions of this by-law are being
compiled with;
7.
An officer to whom an accessible parking permit has been surrendered may
retain it until disposition of the case if the officer has reasonable grounds to
believe that the permit:
i.
Was not issued under the Highway Traffic Act;
ii.
Was obtained under false pretence;
iii.
Has been defaced or altered;
iv.
Has expired or been cancelled;
v.
Is being or has been used in contravention of this by-law.
8.
A Police Officer or By-law Enforcement Officer upon discovery of any vehicle
parking or left in contravention of this section, may cause it to be moved or
taken to and placed or stored in a suitable place and all costs and charges for
removing, care and storage thereof, if any, are a lien upon the vehicle which
may be enforced in the manner provided by Part Ill of the Repair and Storage
Liens Act, 1990.
9.
Spaces shall be reserved as follows:
a)
Two signed spaces at the Spencerville Community Centre
(Spencerville Arena) parking lot on the south side.
b)
Two signed spaces at the South Edwardsburgh Community Centre
parking lot on the west side.
c)
Two signed spaces at the Spencerville Municipal Office parking lot on
the west side and one signed space on the north side.
d)
Four signed spaces at the lngredion Centre (Cardinal Arena) parking
lot on the south side.
e)
One signed space at the Cardinal Public Library on the west side.
f)
One signed space at the Spencerville Public Library on the north side.
SECTION 5 - FIRE ACCESS ROUTE
Fire access route signs shall be legible signs approved by the Fire Chief and shall be
placed at intervals of not more than twenty (20) meters along a fire access route and
shall display the following:
a)
Fire access route;
b)
Parking prohibited;
c)
Motor vehicles will be tagged and towed.
SECTION 6 -WINTER PARKING AND CLEANING
1.
No person shall park or cause to be parked a vehicle to remain parked on any
highway or roadway so as to interfere in any manner with the work of:
a)
Removing snow or ice;
b)
Clearing of snow; or
c)
Cleaning operations, including sweeping
2.
No person shall park, or permit to be parked any motor vehicle, trailer or other
like device on any highway or roadway during the consecutive months of
November, December, January, February, March and to the 15th of April
between the hours of 1 :00 a.m. and 7:00 a.m.
3.
Notwithstanding the provisions of 6.1 and 6.2, a winter maintenance event may
be declared at any time by the Roads Superintendent or his/her designate.
4.
Where a winter maintenance event has been declared, no person shall park a
motor vehicle or permit a motor vehicle to remain parked on any roadway or
street between the hours of 1 :00 a.m. and 7:00 a.m.
SECTION 7 - DEPOSIT OF SNOW/DIRT/DEBRIS
1.
No person shall push, blow or otherwise deposit any snow, dirt or any other
debris on or across any Township roadway, sidewalk or road allowance.
SECTION 8- REMOVAL OF ILLEGALLY PARKED VEHICLE
1.
A Police Officer, By-law Enforcement Officer or an officer appointed for carrying
out the provisions of the Highway Traffic Act and this by-law, upon discovery of
any vehicle parked or left 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, if any, are a lien upon the
vehicle which may be enforced in the manner provided by Part Ill of the Repair
and Storage Liens Act, R.S.O. 1990, as amended.
2.
The provisions of this section also apply to the Director of Operations and the
Roads Superintendent for purposes of enforcing Section 6 -Winter Parking and
Cleaning.
3.
The Township will not be liable for damages that may occur to vehicles being
moved under the provisions of Section 8.
SECTION 9- ENFORCEMENT
The By-law Enforcement Officer of the Township of Edwardsburgh Cardinal shall
enforce the provisions of this by-law as applicable, and/or, the Ontario Provincial
Police.
SECTION 10 - PENAL TIES
1.
Every person who contravenes any provision of this by-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P. 33, as amended.
2.
A By-law Enforcement Officer of the Township of Edwardsburgh/ Cardinal and
the Ontario Provincial Police are authorized to enforce the provisions of this By-
law.
3.
A person who is convicted of an offence under this by-law is liable for each day
or part of a day that the offence continues, where the minimum fine shall not
exceed $500.00 and a maximum fine of $10,000.00 and the total of all daily
fines for the offences is not limited to $100,000.00 as provided for in Section
429(3) of the Municipal Act, SO 2001, c. 25, as amended.
4.
Upon registering a conviction for a contravention of any provision of this By-law,
the court in which the conviction has been entered, may in addition to any other
remedy and to any penalty imposed by this By-Law, make an order prohibiting
the continuation or repetition of the offence by the person convicted, pursuant to
Section 431 of the Municipal Act 2001, SO 2001 as amended.
5.
The driver of a vehicle, not being the owner, is liable to any penalty provided
under this by-law.
6.
The owner of the vehicle may be charged with and convicted of an offence
under 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 and on conviction the
owner is liable to the penalty prescribed or provided for the offence.
SECTION 11 - OTHER
1.
Where a provision of this By-law conflicts with a provision of another by-law
enforced in the Township of Edwardsburgh Cardinal, the provisions that
established the higher standards shall prevail in order to protect the health,
safety and welfare of the general public.
2.
It is the declared intention of the Council of the Corporation of the Township of
Edwardsburgh Cardinal that any section or part of this By-law which may
subsequently be held to be illegal shall be severable from the remainder of the
By-law and shall not be deemed to have persuaded or influenced the Council to
pass the remainder of the By-law.
3.
That Schedule "A" shall constitute part of this by-law.
4.
That by-law 2018-29 will take effect on the 1st day of September, 2018 and will
repeal and replace in its entirety by-law 2004-58 and by-law 2005-09, and all
other by-laws previously passed that are inconsistent with the provisions of this
by-law.
Read a first and second time in open Council this 28th day of May, 2018.
Read a third and final time, passed, signed and sealed in open Council this 28th day
of May, 2018.
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice, that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder and Municipal By-law No. 2018-29 as amended of the Corporation of
the Township of Edwardsburgh/Cardinal, attached hereto is the set fine for that
offence. This Order is to take effect on September 181h, 2018.
Dated at Ottawa this 181h day of September 2018.
Jean G. Legault, Regional Senior Justice
Ontario Court of Justice
East Region
PROVINCIAL OFFENCES ACT
Part II
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice, that the amount set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder and Municipal By-law No. 2018-29 as amended of the Corporation of
the Township of Edwardsburgh/Cardinal, attached hereto is the set fine for that
offence. This Order is to take effect on September 18th, 2018.
Dated at Ottawa this 18th day of September 2018.
Jean G. Legault, Regional Senior Justice
Ontario Court of Justice
East Region
,.
ITEM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Schedule "A"
Township of Edwardsburgh Cardinal
Part II - Provincial Offences Act
By-law 2018-29, as amended by By-law 2018-42
Parking Regulations- Set Fines
SHORT FORM WORDING
PROVISION VOLUNTARY
CREATING
PAYMENT
OR
WITHIN 7
DEFINING
DAYS
OFFENCE
Park or Stop where prohibited by
S.3.1. a)
$30
sign age
Park impeding traffic- either
S.3.1.b)
$30
direction
Stop impeding traffic -either
S.3.1. b)
$30
direction
Park facing wrong direction - curb
S.3.1. c)
$30
(left hand side of roadway)
Stop facing wrong direction- curb
S.3.1.c)
$30
(left hand side of roadway)
Park facing wrong direction - no
S.3.1.d)
$30
curb (left hand side of roadway)
Stop facing wrong direction - no
S.3.1. d)
$30
curb (left hand side of roadway)
Park obstructing driveway or lane
S.3.2. a)
$30
way
Park within 3 meters of a fire
S.3.2. b)
$30
hydrant
Park within 9 meters of an
S.3.2. c)
$30
intersecting highway
Park within 3 meters of a level
S.3.2. d)
$30
crossing or railway
Park on any roadway of less than
S.3.2. e)
$30
6 meters in width
Park in front of an entrance/exit to
S.3.2. f)
$30
assembly building
Park alongside track of any railway
S.3.2. g)
$30
Park blocking a parked vehicle
S.3.2. h)
$30
Park inoperable, derelict vehicle on
S.3.2. i)
$30
a street for more than 12 hours
Park on street outside of garage
S.3.2. j)
$30
for more than 12 hours
Park to make repairs or servicing
S.3.2. k)
$30
of vehicle
Park on any boulevard, median,
S.3.2. I)
$30
sidewalk, public park, property or
private roadway/property not
designated for parking
Park in front of entrance to fire
S.3.2. m)
$45
station
Park within designated no parking
S.3.3
$30
zone
Park in designated Fire Access
S.3.3 a)
$30
Route/Fire Zone
Park on municipal parking lot from
S.3.3 b)
$30
1:00 a.m. to 7:00a.m.
Park within designated firefighter
S.3.3 c)
$30
parking
Park in designated accessible
S.4.3
N/A
parking area- no permit
SET FINE
PAYMENT
AFTER 7
DAYS
$35
$35
$35
$35
$35
$35
$35
$35
$35
$35
$35
$35
$35
$35
$35
$35
$35
$35
$35
$50
$35
$35
$35
$35
$300
I
'11/,
r'l
......
- -
26
27
28
29
30
Park - Interfere with removing
S.6.1 a)
$30
$35
snow or ice
Park- Interfere with clearing of
S.6.1 b)
$30
$35
snow
Park - Interfere with cleaning
S.6.1 c)
$30
$35
operations
Park vehicle between hours
S.6.2
$50
$55
1 :OOa.m. to 7:00a.m from
November 1 to April 15
Park vehicle between hours
S.6.4
$30
$35
1 :OOa.m. to 7:00a.m -winter
maintenance event declared
v
Note: The general penalty sections for the offences indicated above is
A('{,()/.
Section 10 of By-law 2018-29, as amended. A certified copy of which has ~
Y
..
been filed.
ITEM
1
2
Schedule "B"
Township of Edwardsburgh Cardinal
Part I - Provincial Offences Act
By-law 2018-29, as amended by By-law 2018-42
Parking Regulations - Set Fines
Column 1
Column 2
Column 3
SHORT FORM WORDING
PROVISION
SET FINE
CREATING
OR
DEFINING
OFFENCE
Possession of fictitious, altered or
S.4.5 a)
$300
fraudulent permit
Deposit snow/dirt/debris on
s 7.1
$75
Township roadway, sidewalk or
road allowance
Note: The general penalty sections for the offences indicated above is
Section 1 0 of By-law 2018-29, as amended, a certified copy of which has
been filed.