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By-Law Number 2018-0027
of
The Corporation of the County of Frontenac
being a by-law to regulate and control the parking of vehicles in the County of Frontenac on County owned lands.
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Whereas subsection 11(3) of the Municipal Act, 2001, permits an upper-tier municipality to pass by-laws, subject to the rules set out in subsection (4), respecting matters within the spheres of jurisdiction one being Highways, including parking and traffic on highways and Parking, except on highways; and,
Whereas pursuant to the provisions of subsection 11(11) of the Municipal Act, 2001 provides an upper-tier municipality with a non-exclusive sphere of jurisdiction to control parking in municipal parking lots and structures; and,
Whereas subsection 102 of the Municipal Act authorizes the Council of municipalities to pass by-laws designating parking spaces for accessible parking and to prohibit the use of such spaces by other vehicles; and
Whereas the Council of the Corporation of the County of Frontenac deems it expedient to regulate and control the parking of vehicles in the County of Frontenac on County owned lands;
Now Therefore Be It Resolved That the Council of the Corporation of the County of Frontenac hereby enacts as follows:
#### Part I - Interpretation
1. Title
This By-law shall be known and may be referred to as the County of Frontenac's Parking By-law
2. Definitions
For the purposes of this By-law, the following definitions shall apply:
a) "Accessible Parking Permit" means a permit issued under the Highway Traffic Act or a permit, numbered license plate or other marker or device issued by another Provincial jurisdiction and recognized under the Highway Traffic Act.
b) "By-law Enforcement Officer means" a By-law Enforcement Officer of the Corporation of the County of Frontenac and any other officer authorized by the Corporation of the County of Frontenac for the enforcement of By-laws in the County of Frontenac.
c) "County" means the Corporation of the County of Frontenac.
d) "Council" means the Council of the Corporation of the County of Frontenac.
e) "Heavy vehicle" means a commercial motor vehicle having a weight when unloaded of 3 tons or more, or when loaded of 5 tons or more, but does not include a passenger vehicle, an ambulance, a vehicle of Police or Fire Departments, a municipal vehicle, a bus.
f) "Highway Traffic Act" Unless modified or changed herein, words or expressions used in this by-law have the same meaning as given or used in the Highway Traffic Act, as amended.
g) "Motor Vehicle" includes an automobile, motorcycle, motor assisted bicycle, unless otherwise indicated in this by-law, and any other vehicle propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways, or other motor vehicles running only rails or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement or husbandry of road-building machine within the meaning of the Highway Traffic Act, as amended.
h) "Park or Parking", when prohibited, means the standing of a vehicle, whether occupied or not.
i) "Parking Lot" means an area of land controlled by the County which has been arranged, laid out or improved to provide for the parking of motor vehicles.
j) "Provincial Offences Officer" means a Police Officer, Peace Officer or other person appointed to enforce the by-laws of the Corporation.
k) "Trailer" means a vehicle that is at any time drawn upon a highway by a motor vehicle, except an implement of husbandry, a mobile home, another motor vehicle or any device or apparatus not designed to transport persons or property, temporarily draw, propelled or moved upon such highway, and except for a side car attached to a motorcycle, and shall be considered a separate vehicle and not part of the motor vehicle by which it is drawn.
l) "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 does not include a motorized snow vehicle or the cars of electric or steam railways running only upon rails.
3. Time
Notwithstanding the Time Act, c. T. 9, R.S.O. 1990, as amended, so long as the time commonly observed in the County is one hour in advance of standard time, the times mentioned in this by-law shall be reckoned in accordance with the time so commonly observed and not Standard Time
4. Schedules and Severability
(a) The schedules attached to this by-law shall be read with and form part of this by-law.
(b) Should any part, section, subsection or portion of this by-law be repealed or declared by a court of competent jurisdiction to be illegal the same shall not affect the validity of the by-law as a whole or in part thereof, except for that which was declared to be invalid.
#### Part II - General Regulations
5. Accessible Parking
1. Council may establish parking areas in County parking lots which are to be used solely for the parking of vehicles which display an accessible parking permit.
2. The said parking areas shall be clearly marked as areas set aside for the parking of vehicles displaying an accessible parking permit.
3. The said accessible parking permit shall be displayed on the sun visor or on the dashboard of the vehicle so that the international symbol of access for the disabled, the permit number and the expiry date of the permit are clearly visible from the outside of the vehicle."
4. Those areas and locations listed on Schedule "1" are designated as accessible parking areas.
5. No person, firm or corporation shall park, or permit to be parked, a vehicle in an accessible parking area unless said vehicle is equipped with an accessible parking permit.
6. No person, corporation nor organization shall display an Accessible Parking Permit in any vehicle unless that person, corporation or organization is operating a vehicle which is being used to pick up or transport the holder of a disabled person parking permit.
7. No person shall,
a) Have in his or her possession an accessible parking permit that is fictitious, altered or fraudulently obtained;
b) display an accessible parking permit otherwise than in accordance with this By-law; or
c) fail or refuse to surrender an accessible parking permit in accordance with this By-law;
d) Every person having possession of an accessible parking permit shall, upon the demand of a police officer, police cadet or By-law enforcement officer surrender the permit for reasonable inspection to ensure that the provisions of this By-law are being complied with;
e) An officer or cadet to whom an accessible parking permit has been surrendered may retain it until disposition of the case if the officer or cadet has reasonable ground to believe that the permit,
1. was not issued under the Highway Traffic Act;
2. was obtained under false pretenses;
3. has been defaced or altered;
4. has expired or been cancelled; or
5. is being or has been used in contravention of this By-law.
8. A police officer, police cadet or provincial offences officer upon discovery of any vehicle parked 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 III of the Repair and Storage Liens Act, 1990.
6. Prohibiting Heavy Vehicles
Heavy vehicles are prohibited in County owned parking lots where signs are erected and on display.
No person, firm or corporation shall park, or permit to be parked, a heavy vehicle in a County owned parking lot, identified in Schedule "2" hereto.
7. Parking Prohibited - signs erected
In addition to the foregoing provisions of this by-law, the parking of vehicles is prohibited when properly worded signs have been erected:
#### Part III - Offences and Penalties
8. Voluntary Payment of Penalties
a) Form of Notice
Where a vehicle is found to be in contravention of the parking provisions of this by-law, the Issuing Officer may issue and place on the vehicle a serially numbered Parking Infraction Notice in the form prescribed by the Provincial Offences Act.
The serially numbered Parking Infraction Notice shall state:
1. the license number and description of the vehicle;
2. the nature of the alleged infraction;
3. the date, time and place of the alleged infraction;
4. the minimum fee provided herein for the violation;
5. that the owner thereof may within seven (7) days pay the minimum fee provided for the infraction by taking it or forwarding it to the County of Frontenac Administrative Office, 2069 Battersea Road, Glenburnie between 08:30 hours and 16:00 hours, exclusive of Saturdays, Sundays and holidays, if permissible as identified in Schedule "3";
6. that the owner thereof shall within fifteen (15) days pay the set fine provided for the infraction by taking it or forwarding it to the County of Frontenac Administrative Office, 2069 Battersea Road, Glenburnie between 08:30 hours and 16:00 hours, exclusive of Saturdays, Sundays and holidays.
b) Copies of Forms
The Parking Infraction Notice mentioned in Subsection (a) above shall be prepared as required and the Issuing Officer shall attach one copy to the vehicle and deliver the other copy or copies to the By-law Enforcement Office of the County Administrative Office.
c) Recovery
If voluntary payment is not made in accordance with the procedure set out on the Parking Infraction Notice provided for in subsection (a) above, the Provincial Offences Act, as amended shall apply.
9. Minimum and Maximum Penalties
a) Amount
For any contravention of those infractions set out in Schedule "3" to this by-law the minimum penalty shall be set out in Column 3 and the set fine shall be the amount approved under the Provincial Offences Act, as amended.
b) General Penalty
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.
c) Owner Penalties
The owner of any vehicle which is found in contravention of any of the parking or stopping provisions of this by-law is guilty of the offence and is liable to the penalty or fines provided by law for such contravention unless at the time of such contravention the vehicle was in the possession of some person other than the owner without the owner's consent.
#### Part IV - Application and Administration
10. Enforcement and Authority
a) Enforcement
This by-law may be enforced by Police Officers, Peace Officers and By-law Enforcement Officers of the County of Frontenac.
b) Parking Control Devices
The Chief Administrative Officer of the County of Frontenac, or his designates are hereby authorized to place, erect and maintain such authorized signs as may be necessary to give effect to the provisions of this by-law or which are authorized by the Schedules to this by-law.
The Chief Administrative Officer of the County of Frontenac, or his designates are further authorized for a temporary period not exceeding 30 days to place, erect and maintain such authorized signs as are not otherwise authorized by this by-law, but are required for safety reasons.
All parking control signs erected and/or on display as of the effective date of this by-law whether identified in any schedule to this by-law or not shall be deemed to be authorized signs for the purposes of this by-law.
c) Unauthorized Signs
Unless otherwise permitted, no person shall place, maintain, or display upon or in view of any County Parking Lot any sign, signal, marking or device which purports to be or is an imitation of or resembles any parking control device.
11. Short Title
This by-law may be cited as "The Parking By-law".
12. That this By-law shall come into force and take effect upon the date of final passing.
Read a First and Second Time this 18th day of July, 2018.
Read a Third Time, Signed, Sealed and Finally Passed this 18th day of July, 2018.
The Corporation of the County of Frontenac
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| --- | --- |
| Ron Higgins, Warden | Jannette Amini, Clerk |
Corporation of the County of Frontenac
By-Law Number 2018-0027: Parking
Schedule "1", Subsection 5
Accessible Parking - Signs on Display
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| --- | --- | --- |
| Name and/or location of lands | Number of Parking Stalls Required for the Exclusive Use of Handicapped Persons | Amending By-law |
| Verona Trail Head Parking Lot | 2 | |
Corporation of the County of Frontenac
By-Law Number 2018-0027: Parking
Schedule "2", Subsection 6
Heavy Trucks Prohibited - Signs on Display
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| | |
| --- | --- |
| Controlled Area | Sides of Highway |
| Verona Trail Head Parking Lot | All |
The Corporation of the County of Frontenac
By-Law Number 2018-0027: Parking
Schedule "3"; Subsection 9
Penalties - Amounts (Part II Provincial Offences Act; Set Fine Schedule)
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| --- | --- | --- | --- | --- |
| Item | Column 1 Short Form Wording | Column 2 Provision Creating or Defining Offense | Column 3 Voluntary Payment Payable Within 7 Days | Column 4 Set Fine |
| 1 | Parked - where prohibited | Section 6 | N/A | $100.00 |
| 2 | Parked - in a disabled persons parking space | Section 5 v. | $300.00 | $350.00 |