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The Corporation of the City Of Guelph
By-law Number (1997) - 15402
A By-law for regulating the parking or leaving of vehicles on private or municipal
property , and to adopt Municipal Code Amendment # 195 which amends the
Corporation of the City of Guelph's Municipal Code, and to repeal By-law Number
(1968)-6711 [Amended by By-laws (2002)-16789, (2003)-17227, (2004)-17492].
The Corporation of the City Of Guelph enacts as follows:
1. Short Title
This by-law may be cited as the "Private Property Parking By-law".
2. Interpretation
For the purposes of this by-law, the following terms shall have the corresponding
meanings:
a) "City" means the Corporation of the City of Guelph;
b) "municipal property" means property owned or occupied by the City;
c) "private property" includes:
i.
a private road or driveway;
ii.
property on which a legible sign is displayed by the owner or occupant or
an agent therefor which sets out a prohibition against trespassing or
parking; and
iii.
property on which a legible sign is displayed by the owner or occupant or
an agent therefor which sets prohibitions or regulations in respect of the
parking or leaving of a vehicle on such property.
3. Prohibited Parking
1. No person shall park or leave any vehicle on private property without the
consent of the owner or of the occupant of such property.
2. Where parking on private property is controlled by a parking meter, no
person shall park or leave any vehicle at such parking meter without
depositing Canadian coinage in such parking meter or by using an automated
cash card device authorized by the City to be used in such parking meter in
an amount sufficient to cover the length of parking duration of such vehicle
and setting such parking meter into operation so that an expired or violation
signal is not visible for the duration of the time the vehicle is parked or left.
2.1.
a) Where parking on private property is controlled by a pay and display
parking system, no person shall park or leave a vehicle on such property
without first purchasing the required parking stub(s) to cover the vehicle's
length of stay.
b) Where parking on private property is controlled by a pay and display
parking system, no person shall park or leave a vehicle on such property
without clearly displaying each parking stub required to cover the vehicle's
length of stay upon the dashboard of the motor vehicle so that the time
and date printed upon the stub are clearly visible from the outside
windshield.
3. No person shall park or leave any vehicle on municipal property without the
consent of the City or of the occupant of such property.
4. Where parking on municipal property is controlled by a parking meter, no
person shall park or leave any vehicle at such parking meter without
depositing Canadian coinage in such parking meter or by using an automated
cash card device authorized by the City to be used in such parking meter in
an amount sufficient to cover the length of parking duration of such vehicle
and setting such parking meter into operation so that an expired or violation
signal is not visible for the duration of the time the vehicle is parked or left.
4. Removal and Impounding Of Vehicle
Where a vehicle is found parked or left in violation of any provision of this by-law, a
police officer or a by-law enforcement officer employed by the City, may cause such
vehicle to be removed from the location of violation and impounded, and any costs
incurred therein shall be at the expense of the owner of the vehicle.
5. Enforcement
1. Any person who contravenes any provision of this by-law is guilty of an
offence.
2. The owner of a motor vehicle that is found in contravention of any
provision of this by-law is guilty of an offence and, upon conviction, shall be
subject to the governing penalties unless, at the time of the offence, the
motor vehicle was in the possession of a person other than the owner
without the owner's consent.
3. In addition to the powers set out in section 4 of this by-law, where a
vehicle is found parked or left in violation of any provision of this by-law, a
police officer, a by-law enforcement officer employed by the City, or an
agent duly appointed by the City, may attach to the vehicle a parking
infraction notice in the form of a serially numbered notice as prescribed in
the Regulations of the Provincial Offences Act, R.S.O. 1990, Chapter P. 33,
or any successor thereof.
4. The owner or operator of a vehicle to which a parking infraction notice is
issued may, within fifteen (15) calendar days after the parking infraction
notice is attached to the vehicle, pay to the Director of Works or his or her
designate, the set fine amount, which shall be accepted as payment of the
penalty in full satisfaction of the alleged offence, and a receipt therefor
shall be given to the person making payment.
5. Notwithstanding subsection 5(3), the Director of Works or his or her
designate may, within seven (7) calendar days after the parking infraction
notice is attached to the vehicle, accept a lesser fine than the set fine,
which shall be deemed to be early payment of the penalty, in full
satisfaction of the alleged offence, and a receipt therefor shall be given to
the person making payment.
6. The owner or operator of the vehicle to which a parking infraction notice is
issued may, within fifteen (15) calendar days after the parking infraction
notice is attached to the vehicle, plead not guilty to the offence and request
a trial of the matter by completing and signing Option No. 2 on the reverse
side of the parking infraction notice and delivering the notice to the Director
of Works or his or her designate.
7. If the owner or operator of a vehicle issued with a parking infraction notice
does not exercise one of the options set out in subsections 5(3), 5(4) and
5(5) of this by-law with respect to the parking infraction notice, a
conviction may be entered in accordance with the Provincial Offences Act,
R.S.O. 1990, Chapter P. 33, or any successor thereof
6. Penalty
Every person who is convicted of an offence under any provision of this by-law shall
be liable to a penalty as set out in the Provincial Offences Act, R.S.O. 1990, Chapter
P.33, or any successor thereof.
6.1 Repeal of By-law Number (1968)-6711
By-law Number (1968)-6711 is hereby repealed.
7. Municipal Code Amended
Chapter 207 of The Corporation of the City of Guelph's Municipal Code is hereby
deleted, and this by-law substituted therefor, being Municipal Code Amendment#
195.
Passed this 7th day of April, 1997.
Original signed by:
Joe Young - Mayor
Lois A. Giles - City Clerk
Notes to By-law Number (1997) - 15402
The Private Property Parking By-law
1.
a) In relation to the removal and impounding of vehicles, Section 210 (131) (b)
of the Municipal Act, R.S.O. 1990, Chap. M. 45 states as follows:
"Subsection 170(15) of the Highway Traffic Act applies with necessary
modifications to a by-law passed under this paragraph."
b) Section 170(15) of the Highway Traffic Act, R.S.O. 1990, Chap. H. 8 states as
follows:
"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) 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 removing, care and storage
thereof, if any, are a lien upon the vehicle, which may be enforced in the
manner provided by the Repair and Storage Liens Act.
2. Section 210 (131) (f) of the Municipal Act, R.S.O. 1990, Chap. M. 45 states as
follows:
"Where an owner or occupant of property affected by a by-law passed under this
paragraph has posted signs stating conditions on which a motor vehicle may be
parked or left on the property or prohibiting the parking or leaving of a motor
vehicle on the property, a motor vehicle parked or left on the property contrary
to such conditions or prohibitions shall be deemed to have been parked or left
without consent."
3. Section 210 (131) (i) of the Municipal Act, R.S.O. 1990, Chap. M. 45 states as
follows:
"Definitions.-In this paragraph, "occupant" means,
i.
the tenant of the property or part thereof whose consent shall extend only
to the control of the land held by the tenant and any parking spaces
allotted to the tenant under the lease or tenancy agreement,
ii.
the spouse of a tenant,
iii.
a person or a municipality, or a local board thereof, having an interest in
the property under an easement or right of way granted to or expropriated
by the person, municipality or local board whose consent shall extend only
to the part of the property that is subject to the easement or right of way,
iv.
a person authorized in writing by an occupant as defined in clause (i), (ii)
or (iii) of this definition to act on the occupant's behalf for requesting
the enforcement of a by-law passed under this paragraph;
"owner" when used in relation to property means,
i.
the registered owner of the property,
ii.
the registered owner of a condominium unit, whose consent shall extend
only to the control of the owner's unit and any parking spaces allotted to
the owner by the condominium corporation or reserved for the owner's
exclusive use in the declaration or description of the property,
iii.
the spouse of a person described in clause (i) or (ii) of this definition,
iv.
where the property is included in a description registered under the
Condominium Act, the board of directors of the condominium corporation,
v.
a person authorized in writing by the property owner as defined in clause
(i), (ii), (iii) or (iv) of this definition to act on the owner's behalf for
requesting the enforcement of a by-law passed under this paragraph."
4. Section 15.-(1) of the Provincial Offences Act, R.S.O. 1990, Chap. P. 33 states
as follows:
"A provincial offences officer who believes from his or her personal knowledge
that one or more persons have committed a parking infraction may issue,
a) a certificate of parking infraction certifying that a parking infraction has
been committed; and
b) a parking infraction notice indicating the set fine for the infraction."
5. Section 16 of the Provincial Offences Act, R.S.O. 1990, Chap. P. 33 states as
follows:
"A defendant who does not wish to dispute the charge may deliver the notice
and amount of the set fine to the place shown on the notice."
6. Section 17. (1) of the Provincial Offences Act, R.S.O. 1990, Chap. P. 33 states
as follows:
"A defendant who is served with a parking infraction notice may give notice of
intention to appear in court for the purpose of entering a plea and having a trial
of the matter by so indicating on the parking infraction notice and delivering the
notice to the place specified in it."