On-Street Parking By-law No. 01-218 (Consolidation, Jan 2023)
Hamilton, Ontario
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To Regulate On-Street Parking
1
Bill No. 218
CITY OF HAMILTON
BY-LAW NO. 01-218
BEING A BYLAW TO REGULATE ON-STREET PARKING
WHEREAS Section 210(123) of the Municipal Act, R.S.O. 1990, Chapter M.45, as
amended, confers upon the councils of all municipalities the power to enact by-laws for
regulating traffic on highways subject to the Highway Traffic Act;
AND WHEREAS Section 314(7) of the Municipal Act confers upon councils of all
municipalities the power to enact by-laws to provide for placing, regulating and maintaining
upon the public highways traffic signs for the purpose of guiding and directing traffic;
AND WHEREAS the City of Hamilton Act, 1999, Statutes of Ontario, 1999 Chapter
14, Schedule C did incorporate, as of January 1st, 2001, the municipality "City of
Hamilton";
AND WHEREAS the City of Hamilton is the successor to the following former area
municipalities: The Corporation of the Town of Ancaster; The Corporation of the Town of
Dundas; The Corporation of the Town of Flamborough; The Corporation of the Township of
Glanbrook; The Corporation of the City of Hamilton; and, The Corporation of the City of
Stoney Creek; (hereinafter referred to as the "former area municipalities");
AND WHEREAS the City of Hamilton Act, 1999 provides that the By-laws of the
former area municipalities continue in force in the City of Hamilton until subsequently
amended or repealed by the Council of the City of Hamilton;
AND WHEREAS the Council of the City of Hamilton deems it expedient to provide
for a single by-law to regulate on-street parking within the limits of the City;
NOW THEREFORE the Council of the City of Hamilton enacts as follows:
PART 1 - DEFINITIONS & INTERPRETATIONS
DEFINITIONS
1.
For the purposes of this by-law:
(a)
"Authorized Emergency Vehicle" means:
Office Consolidation - Updated Jan. 18/23
To Regulate On-Street Parking
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(i)
any vehicle owned or operated by the City of Hamilton while the
operator is engaged in the performance of his or her duties;
(ii)
any vehicle owned or operated by a Police Service, a Fire Department
or a Ministry of the Province;
(iii)
any vehicle owned or operated by an ambulance service, a mortuary
or a funeral home while the operator is engaged in the performance of
his or her duties;
(iv)
any vehicle owned or operated by a public utility including but not
limited to vehicles owned or operated by Canada Post, a telephone
company, a natural gas utility, a hydro electric power provider, and
any other public utility, telegraph or telecommunications company,
provided that such vehicles are each clearly identified by a crest or
other marking and provided the operator is actively engaged in the
provision of the services offered by the utility;
(v)
any armoured vehicle, while the operator is actively engaged in the
performance of their duties, and any escort vehicle providing security
services for an armoured vehicle, while the operator is actively
engaged in the performance of his or her duties; and,
(vi)
any service vehicle owned or operated by an accredited road side
service agency or automobile club or a licensed towing agency while
the operator is providing a towing or other road side service;
(b)
"bicycle" includes a tricycle and unicycle but does not include a motor
assisted bicycle;
(c)
"boulevard" means all parts of the highway save and except any roadway,
shoulder, driveway, or sidewalk; and,
(i)
"central boulevard" means a median or that part of the highway lying
between the roadways of a divided highway;
(ii)
"outer boulevard" means such part of the highway lying between any
sidewalk and the roadway or the shoulder where such exists;
(iii)
"inner boulevard" means such part of the highway lying between the
property line and the sidewalk, and where there is no sidewalk it
means that part of the highway lying between the property line and
the roadway or the shoulder where such exists; and,
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(iv)
"side boulevard" means such part of the highway lying between the
roadway and the adjoining property line and includes the inner and
outer boulevard, if any;
(d)
"bus" means a motor vehicle designed for carrying ten or more passengers
and used for the transportation of persons;
(e)
"Chief of Police" means the Chief of Police for the City of Hamilton;
(f)
"City" means The City of Hamilton;
(g)
"commercial vehicle" includes:
(i)
a vehicle licensed as a commercial vehicle under the Highway Traffic
Act;
(ii)
a motor vehicle which has attached to both of its sides a sign, of not
less than 150 square inches in size, identifying the person, business
or company in whose service the vehicle is employed; and,
(iii)
a taxi cab;
(h)
"Council" means the Council of the City of Hamilton;
(i)
"crosswalk" means:
(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 roadway; or
(ii)
Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by signs, or by lines or other
markings on the surface;
(j)
"driveway" means the improved land on a highway which provides vehicular
access from the roadway to a laneway or parking area on adjacent land;
(k)
"farm tractor" means a self-propelled vehicle designed and used primarily
as a farm implement for drawing ploughs, mowing machines, and other
implements of husbandry and not designed or used for carrying a load;
(l)
"General Manager" means the General Manager of Transportation,
Operations and Environment for the City of Hamilton and includes his
designate and successor;
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(m)
"Gross Weight" and "Gross Vehicle Weight" mean the combined weight
of vehicle and load;
(n)
"heavy vehicle" means a vehicle:
(i)
for which a permit fee under the Highway Traffic Act is based
upon the weight of the vehicle and load (Registered Gross
Vehicle Weight), in excess of forty-five hundred (4500)
kilograms; or,
(ii)
which exceeds six point five (6.5) metres (21 feet) in length; or,
(iii)
which is equipped with dual rear wheels or tandem rear axles,
provided that this shall not apply to a pick-up truck having a
Registered Gross Vehicle Weight of forty-five hundred (4500)
kilograms or less; or,
(iv)
which is a tow truck; or,
(v)
which is a bus, or a bus converted into a mobile home or
otherwise used for a commercial or non-commercial purpose;
but does not include an ambulance or other emergency medical service
vehicle while providing and ambulance or medical service or any vehicle
operated by the City while the operator is performing his or her duties;
(o)
"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;
(p)
"holiday" means New Years Day, Good Friday, Easter Monday, Victoria Day,
Dominion Day, the day proclaimed as a Civic Holiday, Labour Day,
Thanksgiving Day, Christmas Day, Boxing Day, the day proclaimed as the
Birthday or day fixed by proclamation of the Governor General for the
celebration of the birthday of the reigning sovereign, and any day appointed
by proclamation of the Governor General or Lieutenant Governor-in-Council
as a public holiday or for a general feast or thanksgiving;
(q)
"intersection" means 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;
(r)
"Loading Zone" means the part of a highway set apart for the exclusive
purpose of parking a vehicle to load or unload the same;
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(s)
"Manager" means the Manager of Parking and Enforcement Operations for
the City of Hamilton and includes his designate and successor;
(t)
"Municipal Law Enforcement Officer" means any person so designated
by a by-law of the City of Hamilton or appointed for the purpose of enforcing
this By-law;
(u)
"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 a
street car or other motor vehicles running only upon rails, or a motorized
snow vehicle, traction engine, farm tractor, self- propelled implement of
husbandry or road-building machine within the meaning of The Highway
Traffic Act, as amended;
(v)
"park" or "parking" when prohibited, means the standing of a vehicle
whether occupied or not except when standing temporarily for the purpose
of and while actually engaged in loading or unloading merchandise or
passengers;
(w)
"parking meter" means a device and/or software application that shall indicate
thereon or therein the interval of time during which a vehicle may be parked in a
parking meter space or parking meter zone, and which shall have a receptacle or
system for receiving payment, and which shall also indicate when said interval of
time shall have elapsed.
(x)
"parking meter space" means a parking space which is controlled and
regulated by a parking meter;
(y)
"parking meter zone" means that part of a highway where parking is
controlled and regulated by one or more parking meters;
(z)
"parking space" means that part of the roadway or part of a municipal car
park, the use of which is designated for the purpose of parking a vehicle;
(aa) "pedestrian" means a person on foot, and includes a person in a wheelchair
or on a motorized scooter designed for use on a sidewalk, and a child in a
baby carriage or on toy vehicle;
(ab)
"Police Force" and "Police Department" mean the Hamilton Police Service;
(ac) "Police Officer" means an Officer of the Hamilton Police Service and includes
the Chief of Police, but does not include a Special Constable, a First Nations
Constable, a Municipal Law Enforcement Officer or an Auxiliary member of a
police force;
(20-141)
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(ad) "roadway" means that part of the highway that is improved, designed or
ordinarily used for vehicular traffic, but does not include the shoulder, and
where a highway includes two or more separate roadways, the term
"roadway" refers to any one roadway separately and not to all of the
roadways collectively;
(ae)
"school bus" means a bus that:
(i)
is painted chrome yellow; and,
(ii)
displays on the front and rear thereof the words "SCHOOL BUS" and
on the rear thereof the words "DO NOT PASS WHEN SIGNALS
FLASHING";
(af) "school crossing" means a pedestrian crossing on a public highway which
is marked by lines painted on the pavement, and in which the crossing of
the street by school children is normally supervised by a school crossing
guard or a Police Officer during those time when children are likely to be
walking to or from a local school;
(ag) "shoulder" means that portion of the highway lying adjacent to the roadway
where there is no barrier curb, and which is improved to support a stopped
vehicle;
(ah) "sidewalk" includes all such parts of a highway as are set aside and
improved for the exclusive use of pedestrians;
(ai) "sign, authorized" or "authorized sign" means any sign or roadway, curb
or sidewalk marking, or other device placed or erected on a highway under
the authority of this By-law for the purpose of regulating, warning or guiding
traffic;
(aj) "sign, official" or "official sign" means a sign approved by the Ministry of
Transportation Ontario or a sign set out in Schedule 22 to this By-law;
(ak) "snow emergency" means a period time commencing upon the declaration
by the Chief of Police that a snow emergency is in effect and continuing
thereafter;
(al) "snow emergency condition" means a snow condition that requires or may
require the removal of vehicles from city streets for the purpose of snow
ploughing or snow removal at any time;
(am) "snow route" means a city street listed in Schedule 21 on which official signs
are erected:
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(i)
prohibiting parking at all times; or,
(ii)
prohibiting parking during a snow emergency;
(an) "stand" or "standing", when prohibited, means the halting of a vehicle,
whether occupied or not, except for the purpose of and while actually
engaged in receiving or discharging passengers;
(ao) "stop" or "stopping" when prohibited, means the halting of a vehicle, even
momentarily whether occupied or not, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a constable or
other police officer or of a traffic control sign or signal;
(ap) "through highway" means a highway or part of a highway set out in Schedule
2 and designated as such by a by-law of The City of Hamilton;
(aq) "traffic" includes pedestrians, animals which are lead, ridden or herded,
vehicles, motorized snow vehicles and other conveyances, either singly or
together while using any portion of a highway for the purposes of travel;
(ar) "traffic control device" means any sign, signal or other roadway, curb or
sidewalk marking, or any other device erected or placed under the authority
of this By-law for the purpose of regulating, warning or guiding traffic;
(as) "traffic island" means a portion of a highway so constructed as to separate
or direct vehicular traffic onto specific portions of the roadway, or provided
for the use or protection of pedestrians;
(at) "traffic signal" means any device operated manually, electrically or
mechanically for the regulation or control of traffic;
(au)
"traffic, one-way" or "one-way traffic" means traffic, not including
pedestrians, moving upon a highway in one direction only;
(av) "trailer" means any vehicle that is at any time drawn upon a highway by a
motor vehicle, except an implement of husbandry, a side car attached to a
motorcycle, a mobile home, another motor vehicle, or any device or
apparatus not designed to transport persons or property, temporarily drawn,
propelled or moved upon such highway, and shall be considered a separate
vehicle and not part of the motor vehicle by which it is drawn;
(aw) "unassumed lane" and "unassumed alley" each mean a lane or alley that
has not been assumed by the City; and,
(ax) "vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road-
building machine and any vehicle drawn, propelled or driven by any kind of
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power, including muscular power, but does not include the cars of electric or
steam railways running only upon rails, a wheelchair whether powered or not,
or a powered scooter designed for use on a sidewalk;
INTERPRETATIONS
2.
In this By-law:
(a)
Words imparting the singular number or the masculine gender, are deemed
to include more than one person or thing of the same kind, and females as
well as males, and the converse;
(b)
A word use in the singular tense has a corresponding meaning when used in
the plural tense;
(c)
The following abbreviations and symbols stand for the words respectively
shown opposite thereto:
Ave.
-
Avenue
Blvd.
-
Boulevard
Pl.
-
Place
St.
-
Street
Sq.
-
Square
Cres.
-
Crescent
Ct.
-
Court
Rd.
-
Road
Dr.
-
Drive
No. or #
-
Number
Hwy.
-
Highway
ft. or '
-
Feet
in. or "
-
Inches
M.P.H.
-
Miles Per Hour
N.
-
North
S.
-
South
E.
-
East
W.
-
West
a.m. or am
-
ante meridian
p.m. or pm
-
post meridian
Km/H or kph -
Kilometres per hour
m
-
metres
cm
-
centimetres
Sat.
-
Saturday
Sun.
-
Sunday
Mon.
-
Monday
Tue.
-
Tuesday
Wed.
-
Wednesday
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Thu. or Thur. -
Thursday
Fri.
-
Friday
Jan.
-
January
Feb.
-
February
Mar.
-
March
Apr.
-
April
May
-
May
Jun.
-
June
Jul.
-
July
Aug.
-
August
Sep. or Sept. -
September
Oct.
-
October
Nov.
-
November
Dec.
-
December
(d)
Where a distance is used in this By-law as within a specified distance of an
object, structure, corner, land, or part of a highway, such distance shall be
measured:
(i)
Along the curb or edge of the roadway, from a point in such curb or
edge or roadway opposite such object, structure, land, corner, or part
of a highway, unless the context otherwise requires, and
(ii)
From such object, structure, land or part of a highway in all directions;
(e)
During any period of the year when what is commonly known as Daylight
Saving Time has been generally adopted in The City of Hamilton under any
Act, By-law, resolution or proclamation, whether the same is effective in law
or not, all references to time in this by-law shall be deemed to be references
to such Daylight Saving Time;
(f)
For the purposes of this By-law, the Lincoln M. Alexander Parkway may also
be referred to as the "Link" or the "Lincoln Alexander Pkwy.; and,
(g)
The setting out of distances in imperial measurements is only for
convenience and only the metric measurements set out herein shall apply.
APPLICATION OF BY-LAW
3.
Save where otherwise specifically provided, the provisions of this By-law shall apply
to:
(a)
all highways and parts of highways under the jurisdiction of the City of
Hamilton;
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(b)
all public lanes or alleys that have been established by a by-law of the
Council; and,
(c)
all unassumed lanes or alleys in respect of the parking of vehicles.
ENFORCEMENT
4.
It shall be the duty of the members of the City of Hamilton Police Service, and those
duly appointed Municipal Law Enforcement Officers, generally to control and direct
traffic, give such directions and do such things as may be necessary for that
purpose, and enforce the provisions of this By-law.
SEVERABILITY
5.
Should a court of competent jurisdiction declare a part or the whole of any provision
of this By-law to be invalid or of no force or effect, the provision or part is deemed
severable from this By-law, and it is the intention of Council that the remainder
survive and be applied and enforced in accordance with its terms and to the extent
possible under the law.
SCHEDULES
6.
The schedules attached to this By-law, numbered 1 to 23 inclusive, are included in
and shall be considered part of this By-law.
EXEMPTION
7.
The provisions of this By-law respecting parking, stopping or standing of vehicles
shall not apply to:
(a)
Authorized emergency vehicles where the operator is engaged in the
performance of their duties;
(b)
Vehicles for which an exemption permit has been issued by the General
Manager, the Manger or the Chief of Police, providing an exemption to a
specific regulation or regulations for various purposes, and for specific
periods of time; and,
(c)
Motor vehicles forming part of a funeral cortege, provided that all such
vehicles are parked only one side of the highway at one time.
(19-068)
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PART 2 - PARKING & STOPPING REGULATIONS
ON STREET PARKING METER REGULATIONS
8.
(1)
Parking meters shall be erected, maintained and operated at the parking
spaces on those highways and parts of highways listed in Schedule 5.
(2)
Schedule 5 describes the following:
(a)
in column one thereof, the name of the highway where parking is
regulated by parking meters;
(b)
in column two thereof, the side of the highway, by compass direction,
where parking is regulated by parking meters;
(c)
in column three thereof, the point at which regulation of parking by
parking meters commences and the point where such regulation
concludes;
(d)
in column four thereof, the maximum duration that parking is
permitted in the parking spaces regulated by the parking meters on
the subject highway; and,
(e)
(3)
(a)
in column five thereof, the hourly parking fee that is required for the
use of the parking spaces being regulated by the parking meters on
the subject highway.
Provisions requiring payment of parking fees and prohibitions against
using a parking space while no unexpired "paid for" time is indicated
on the parking meter to said space, shall apply only during the days
and times indicated on a sign affixed to the parking meter.
(b) Provisions prohibiting parking in a parking space normally regulated
by a meter, for a period of time greater than the parking time limit
indicated on the adjacent parking meter shall apply only during the
days and times indicated on the subject parking meter.
(20-141)
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(4)
All provisions of this Section shall be subject to the provisions of all other
Sections of this By-law, and in particular:
(a)
The provisions for parking spaces, and the presence of parking
meters along the curb on any highway or part of a highway, shall not
be deemed to affect the powers of a Police Officer, the General
Manager or the Manager under Sections 22 and 25 to erect or cause
to be erected temporary "No Parking" or "No Stopping" signs along
any highway or part of a highway during such time or times as may be
deemed necessary for the proper and orderly control and regulation of
parking and traffic;
(b)
The provisions for parking spaces, and the presence of parking
meters along the curb on any highway or part of a highway, shall not
be deemed to affect the powers of the General Manager or the
Manager, under Sections 22 and 26 to erect or cause to be erected
temporary "No Parking" or "No Stopping" signs along any highway or
part of a highway during such time or times as may be deemed
necessary for the proper and orderly control and regulation of traffic
and parking;
(c)
The payment of a fee pursuant to the provisions of this Section shall
not be deemed to annul any provision of this By-law nor affect the
power of a Police Officer under the provisions of The Highway Traffic
Act, to remove any vehicle parked or left in contravention of the Act or
any By-law of the municipality;
(d)
The payment of a fee pursuant to the provisions of this Section shall
not be deemed to annul any provision of this By-law nor affect the
power of a Municipal Law Enforcement Officer under the provisions of
The Highway Traffic Act, to remove any vehicle parked or left in
contravention of any By-law of the municipality; and,
(e)
The provisions of parking spaces and the presence of parking meters
shall not be deemed to nullify or make ineffective the prohibition of
stopping during rush hour periods on the highways or part highways
set out in Schedule 13.
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(5)
(a)
No person shall park a vehicle at a parking space for a period of
time greater than the parking time limit indicated by a sign, sticker,
software application or otherwise, either affixed to the parking meter
related to the parking meter space or otherwise posted in proximity
to the parking meter space..
(b)
No person shall park a vehicle in a location indicated in Schedule 5
without activating the parking meter related to the parking space that
is occupied by their vehicle at any time during the days and times
posted on or around the parking meter indicating when the parking
meter regulations are in force and effect, either by:
(I)
inserting a valid credit card or debit card into the parking
meter, in cases where the meter is designed to accept
payment in this manner;
(II)
depositing money of Canadian or United States of America
currency in the amount of the parking fee prescribed in said
Schedule 5 into the meter, if any, to an extent sufficient to
activate the meter; or
(III)
online payment as indicated in writing on or around the
parking meter.
This provision shall not be deemed to apply when it is shown
that the parking meter is out of order.
This provision shall not be deemed to apply where a parking
meter was previously activated and has not yet expired as
shown on the subject parking meter.
(c)
No person shall park a vehicle or leave a vehicle parked at any
parking meter space, at any time during the days and times posted
on or around the parking meter indicating when the parking meter
regulations are in force and effect, when the time has expired for
that parking meter space, save and except that this provision shall
not be deemed to apply when it is shown that the parking meter is
out of order.
(d)
No person shall deposit or cause to be deposited in any parking
meter anything save such money in Canadian or United States of
America Currency as is indicated on the parking meter as being
acceptable, save and except in cases where the parking meter is
designed to be activated by a credit card or debit card, whereupon
the use of such a card to pay the parking fee, in lieu of money, shall
be permitted
(20-141)
(20-141)
(20-141)
To Regulate On-Street Parking
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(6)
The provisions of Sections 8(5)(a), 8(5)(b) and 8(5)(c), shall not apply to a
parked vehicle used for the transporting of one or more disabled persons
wherein an identifying marker issued by the Ministry of Transportation
Ontario, said marker being a Disabled Person Parking Permit, is displayed in
the drivers side front windshield in such a manner as to be entirely and
clearly in view from the exterior of the vehicle.
(7)
No person shall damage, deface or tamper with any parking meter, and no
unauthorized person shall open or attempt to open any parking meter.
(8)
The provisions respecting the payment of parking fees in clauses 8(5)(b) and
8(5)(c) of this by-law shall not, on November 11th of any year, apply to persons
in respect of a parked vehicle to which a valid Ontario veteran license plate is
registered and affixed.
(9)
(a)
The provisions respecting the payment of parking fees in clauses
8(5)(b) and 8(5)(c) of this by-law shall not apply, at any time, to
persons in respect of a parked vehicle to which a valid Ontario
veteran license plate is registered and affixed.
(b)
No person shall park, or leave parked, at any metered parking space,
a vehicle displaying a valid Ontario veteran license plate, for a period
of time which exceeds 3 consecutive hours, whether or not there is
shown on the meter time which is paid for and unexpired.
(17--074)
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POSTED PARKING TIME LIMITS
9.
(1) No person shall on any day except a holiday, park a vehicle on any highway
or portion of highway listed in schedule 6, for a longer time than indicated
therein, during the periods specified therein, provided suitable signs are
erected and maintained.
For the purposes of this section, any vehicle which has not been moved a
distance of not less than eighteen (18) metres (60 feet) from its original
parking location, shall be deemed to have not been moved, and to have
remained parked.
(2)
Schedule 6 describes the following:
(a)
in column one thereof, the name of the highway where parking is
regulated by a posted time limit;
(b)
in column two thereof, the side of the highway, by compass direction,
where parking is regulated by a posted time limit;
(c)
in column three thereof, the point at which the subject regulation
commences and the point where such regulation concludes;
(d)
in column four thereof, the maximum duration that parking is normally
permitted on the subject highway in accordance with the posted time
limit; and,
(e)
in column five thereof, those periods during which the subject posted
time limit regulation is in force and effect.
(3)
Schedule 7 shall set out each Time Limit Exemption Area, in the form of a
map, showing the corresponding alphanumeric designation for each said
Time Limit Exemption Area.
(4)
Section 9(1) shall not apply to,
(a)
a motor vehicle for which a Time Limit Exemption Permit has been
issued and is properly affixed and is in force and effect, in accordance
with section 10 of this By-law, when said vehicle is parked within the
Time Limit Exemption Area specified on the permit; or,
(b)
a parked vehicle used for the transporting of one or more disabled
persons wherein an identifying marker issued by the Ministry of
Transportation, said marker being a Disabled Person Parking Permit,
is displayed in the drivers side front windshield in such a manner as to
be entirely and clearly in view from the exterior of the vehicle.
To Regulate On-Street Parking
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PARKING TIME LIMIT EXEMPTION
10.
(1)
In this section:
(a)
"approved motor vehicle" means:
(i)
a passenger vehicle bearing valid license plates;
(ii)
a motorcycle bearing a valid license plate, and,
(iii)
a van or truck which is defined as a commercial motor
vehicle under the Highway Traffic act, but is registered as a
vehicle designated primarily for personal use;
but does not include:
(18-169)
To Regulate On-Street Parking
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(i)
a commercial motor vehicle for which the permit fee under The
Highway Traffic Act is based on the weight of the vehicle and
load in excess of 4,500 kilograms; or,
(ii)
a vehicle which exceeds six and four tenths metres (6.4 m) [21
feet] in length; or,
(iii)
a vehicle which is equipped with dual rear wheels; or,
(iv)
a vehicle which is a tow truck; or,
(v)
a vehicle which is a bus, or a bus converted into a mobile
home or bus otherwise used for commercial or non-
commercial purposes.
(b)
"Time Limit Exemption Permit" means a permit issued by the
Manger, which exempts an approved motor vehicle from the time
limit regulations in force and effect within a specified Time Limit
Exemption Area;
(c)
"arterial street" means a street determined by the General Manager
to be an arterial street;
(d)
"eligible applicant" means a person who is a full-time resident of a
one, two or three unit dwelling situate within a Time Limit Exemption
Area and who is the registered owner of an approved motor vehicle or
who has the exclusive use of an approved motor vehicle by virtue of a
lease agreement with an automobile leasing company or by virtue of
an agreement with their employer;.
(e)
Notwithstanding Section 10(d), a person who is a full-time resident of
a multiple unit dwelling, who is the owner or exclusive operator of an
approved motor vehicle which cannot be parked on the property
where they reside due to the dimensions of said vehicle, may also be
deemed, at the discretion of the Manager, an "eligible applicant";
(f)
Notwithstanding Section 10(d), a person who is a full-time resident of
a multiple unit dwelling who is the owner or exclusive operator of an
approved motor vehicle which cannot be parked on the property
where they reside due to a lack of available off-street parking on said
property, may also be deemed an "eligible applicant", at the discretion
of the Manager, which discretion shall include establishing a limit as to
the number of permits that are available to persons residing at a given
address; and,
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(g)
"Time Limit Parking Area" means an area set out in Schedule 7 of
this By-law where corresponding and specified "Time Limit
Exemption Permits" are valid and in force and effect.
(2)
The Manager may issue a Time Limit Exemption Permit to an eligible
applicant for a fee, payable in advance and renewable on a calendar year
basis, on or before the first day of January of each subsequent year, for a
parking space on a highway or part highway set out in Schedule 6 falling
within a single area designate in Schedule 7.
(3)
An eligible applicant may apply for a Time Limit Exemption Permit for an
approved motor vehicle, to be in force and effect for the Time Limit Parking
Area within which the residential property is situate.
(4)
An application for a Time Limit Exemption Permit shall provide the following
information:
(a)
Name and place of residence of the applicant; and,
(b)
Licence number, make and colour of the approved motor vehicle for
which the application is being made; and,
(c)
Such further and other information as the Manager may require for
the purpose of the application.
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(5)
The fee for each area time limit exemption permit shall be an amount
approved by Council, based upon the cost per month, plus Goods and
Services Tax. The fee shall be payable in advance and shall be calculated as
a biweekly cost for the balance of the first year, and thereafter shall be
renewable on a calendar year basis, on or before the first day of January of
each year.
(6)
Subject to Section 12(5)(a), a motor vehicle displaying a current and valid
Time Limit Exemption Permit, permanently affixed to the lower left corner of
the windshield and facing the exterior of the vehicle on the driver's side, such
that the permit is entirely and clearly in view from the exterior of the subject
vehicle, may be parked in any legal parking space within the Time Limit
Exemption Area specified on the permit, for a period of time exceeding the
parking time limit displayed on official signs posted on that street.
(7)
(a) Notwithstanding Section 10(6), a motor vehicle shall not be parked for
a period of time exceeding the parking time limit displayed on official
signs on any Arterial Road listed in Schedule 1, or on any Through
Highway listed in Schedule 2.
(b)
Schedule 1 describes the following:
(i)
in column one thereof, the name of the highway or part
highway which is designated as an "Arterial Road";
(ii)
in column two thereof, the point upon the highway at which the
Arterial Road designation commences; and,
(iii)
in column three thereof, the point upon the highway at which
the Arterial Road designation concludes.
(c)
Schedule 2 describes the following:
(i)
in column one thereof, the name of the highway or part
highway which is designated as a "Through Highway";
(ii)
in column two thereof, the point at which the Through Highway
designation commences; and,
(iii)
in column three thereof, the point at which the Through
Highway designation concludes, and those intersections where
the through highway designation does not apply.
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(8)
Notwithstanding Section 10(6), a motor vehicle shall not be parked in a time
limit exemption area contrary to:
(a)
The direction of a Police Officer, a member of the Hamilton Fire
Department; or an agent of the City;
(b)
The direction of the operator of an authorized emergency vehicle; or
(c)
Any other provision in this by-law.
(9)
Time Limit Exemption Permits remain the property of the City of Hamilton
and the Manager may, with 24 hours notice, recall, void, cancel or otherwise
revoke any Time Limit Exemption Permit, and the unexpended portion of the
fee paid by the permit holder shall be refunded at the convenience of the
City.
(10)
Notwithstanding that an application has been made for a Time Limit
Exemption Permit, or that a Time Limit Exemption Permit has been issued
and is in force or is not in force, no provision of this by-law shall oblige the
Manager to issue, renew or reinstate a Time Limit Exemption Permit and no
person shall enjoy a vested right in the issuance or continuance of a Time
Limit Exemption Permit.
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PERMIT PARKING REGULATOINS
11.
(1)
In this section:
(a)
"approved motor vehicle" means:
(i)
a passenger vehicle bearing valid license plates;
(ii)
a motorcycle bearing a valid license plate; and,
(iii)
a van or truck which is defined as a commercial motor
vehicle under the Highway Traffic act, but is registered as a
vehicle designated primarily for personal use;
but does not include:
(i)
a commercial motor vehicle for which the permit fee under The
Highway Traffic Act is based on the weight of the vehicle and
load in excess of 4,500 kilograms; or,
(ii)
a vehicle which exceeds six and four tenths metres (6.4m) [21
ft.] in length; or,
(iii)
a vehicle which is equipped with dual rear wheels; or,
(iv)
a vehicle which is a tow truck; or,
(v)
a vehicle which is a bus, or a bus converted into a mobile
home or bus otherwise used for commercial or non-
commercial purposes;
(b)
"permit parking space" means a space on a highway or part
highway designated as a permit parking zone, whereby parking is
prohibited except by a permit issued by the Manager;
(c)
"eligible applicant" means a person who is a full-time resident of a
one, two or three family dwelling abutting a highway or part highway
designated as a permit parking zone, who is the registered owner of
an approved motor vehicle or who has exclusive use of an approved
motor vehicle by virtue of a leasing agreement with an automobile
leasing company or by virtue of an agreement with their employer;
(18-169)
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(e)
"home services parking permit" means a non-vehicle specific permit
issued by the Manager to residents who are confined to their homes
such that they rely on others for essential services;
(f)
"parking permit" means a permit issued by the Manager which
exempts the subject vehicle from the parking prohibition in force and
effect on the identified street under the provisions of this Section and
which sets out upon its face the make of the vehicle to which it is
affixed, the number of the license plate attached to the subject
vehicle, the name of the street where it is valid, and the date that it
expires; and,
(g)
"permit parking zone" is a highway or part highway where parking is
prohibited under the provisions of this section, except by a valid
parking permit issued by the Manager whereby the vehicle displaying
said permit is exempted from the parking prohibition.
(2)
The Council may designate a highway or part highway as a permit parking
zone by prohibiting parking on the said highway or part highway except by
valid permit under the provisions of this Section, and said highway shall be
listed in Schedule 12 of this by-law.
(3)
Schedule 12 describes the following:
(a)
in column one thereof, the name of the highway where parking is
prohibited except by permit;
(b)
in column two thereof, the side of the highway, by compass direction,
where the subject parking regulation is in force and effect;
(c)
in column three thereof, the point at which the subject regulation
commences and the point where such regulation concludes; and,
(e) in column four thereof, those periods during which the subject regulation
is in force and effect.
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(4)
Where a highway or part highway has been designated as a permit parking
zone and listed in schedule 12, an eligible applicant may apply for a parking
permit on the designated highway.
(5)
Every application for a parking permit shall provide the following information:
(a)
The name and place of residence of the applicant;
(b)
The licence number, make and colour of the approved motor vehicle
for which the applicant is the registered owner and for which the
application is being made; and,
(c)
Such further and other information as the Manager may require for
the purpose of the application.
(6)
The Manager may issue a parking permit to an eligible applicant for a fee,
payable in advance and renewable on a calendar year basis, on or before
the first day of January of each subsequent year, for a parking space on a
highway or part highway listed in Schedule 12.
The fee shall be in an amount approved by Council for each month
remaining in the current year, calculated as a biweekly cost, plus the Goods
and Services Tax, except in the case of a single parking space specifically
reserved for a disabled person where there will be no charge.
(7)
Except where the parking permit is not in force, every parking permit shall
commence on the day on which the permit is issued, shall expire on the last
day of the term for which the permit was issued.
(8)
A parking permit shall allow parking of a motor vehicle on a block during such
hours as may be specified in the parking permit for the designated block.
(9)
Parking permits remain the property of the City of Hamilton and the Manager
may, with 24 hours notice, recall, void, cancel or otherwise revoke any
parking permit, and the unexpended portion of the fee paid by the permit
holder shall be refunded at the convenience of the City.
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(10)
No parking permit shall remain in force:
(a)
During the time where a highway or part thereof designated as a
permit parking zone:
(i)
Has ceased to be designated; or,
(ii)
Is required or occupied by an authorized emergency vehicle;
or,
(iii)
Is signed by the City for the purposes of street maintenance or
repair; or,
(b)
When the use of the permit parking space is contrary to the direction
of a member of the Fire Department, a Police Officer, a Municipal Law
Enforcement Officer.
(11)
An eligible applicant to whom a parking permit has been issued and is in
force may park the vehicle for which the parking permit has been issued in
the designated block specified on the parking permit.
(12)
No person shall park a vehicle in a permit parking zone, who is not the
eligible applicant to whom a parking permit has been issued and is in force
provided that this shall not prohibit the parking of a vehicle for which a valid
parking permit has been issued, by a person on behalf of the person to
whom the said parking permit had been issued.
(13)
No person shall park any vehicle in a permit parking zone except a vehicle
for which a parking permit has been issued and is in force and effect and is
affixed permanently to the inside of the lower left corner of the windshield
facing the exterior of the vehicle on the driver's side and is in clear view from
the exterior of the vehicle, provided that this provision shall not prohibit the
parking of vehicles displaying a "home services parking permit".
(14)
A "home services parking permits" issued to a resident who is confined to
their homes may be displayed by motorists to allow them to park their
vehicles within existing "Permit Parking" areas in the permit holder's block
while providing essential services to the confined resident, for a period of
time not to exceed two hours.
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(15)
Subsection (13) shall not apply to persons parking a vehicle displaying
in the lower left corner of the windshield, a "home services parking
permit" for a specific block.
(16)
No vehicle for which a parking permit has been issued but is not in force
for a parking space on a highway or part highway listed in schedule 12
shall be parked by any person in the permit parking space for which
the parking permit was issued.
(17)
Notwithstanding that an application has been made for a parking
permit or that a parking permit has been issued, whether in force or not,
no provision of this by-law shall oblige the Council or the Manager to
issue, renew, or reinstate any parking permit and no person shall enjoy
a vested right in the issuance or continuance of a parking permit.
FREE-FLOATING CARSHARE PERMIT REGULATIONS
11.1 (1)
In this section:
(a) "free-floating carshare vehicle" means a vehicle owned by a free-
floating carshare operator which is shared among the operator's
members and has no fixed or dedicated public parking space.
(b) "free-floating carshare operator" means an organization that
provides a model of mobility in which its members can pick up and
drop off a free-floating carshare vehicle in any authorized on-street
parking space within Wards 1, 2 and 3 of the City of Hamilton.
(c) "free-floating carshare permit" means a permit issued by Hamilton
Municipal Parking System to a free-floating carshare operator for a
(21-097)
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free-floating carshare vehicle, allowing that vehicle to end its trip by
using on-street parking spaces within Wards 1, 2 and 3 in
accordance with the provisions of this By-law.
(d)
"HMPS" means Hamilton Municipal Parking System.
(e)
"end of trip" means the user has ended their trip and has
returned the vehicle keys. The vehicle is now released to be
booked by the next user.
(2)
HMPS may issue a free-floating carshare permit to a free-floating
carshare operator for a free-floating carshare vehicle for a fee.
(3)
Except where the free-floating carshare permit is not in force, every free-
floating carshare permit shall commence on the day on which the permit
is issued and shall expire on the last day of the term for which the permit
was issued.
(4)
The fee for each free-floating carshare permit shall be an amount
approved by Council from time to time and as set out in the City of
Hamilton's User Fees and Charges By-law. The fee shall be payable in
advance and shall be pro-rated for the balance of the first year, and
thereafter shall be renewable on a calendar year basis, on or before the
first day of January of each year but not earlier than November 1 of the
current year.
(5)
HMPS shall not issue more than one (1) free-floating carshare permit per
free-floating carshare vehicle.
(6)
An application for a free-floating carshare permit shall provide the
following information:
(a)
Name, phone number, address and email address of the free-
floating carshare operator;
(b)
Name, phone number and email address for referring
complaints related to free-floating carshare vehicle parking;
(c)
Licence number, make and colour of the vehicle for which the
application is being made;
(d)
Proof of insurance and registration for the vehicle for which
the application is being made; and
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(e)
Such further and other information as HMPS may require for the
purpose of the application.
(7)
No free-floating carshare operator shall operate a free-floating carshare
vehicle within the City of Hamilton without a valid free-floating carshare
permit in the form of a mirror hang tag, facing the exterior of the vehicle,
such that the permit is entirely and clearly in view from the exterior of the
subject vehicle.
(8)
Every free-floating carshare operator shall equip each free-floating
carshare vehicle for which a permit under this section is sought, with
geofencing technology to prevent it from ending a trip:
(a) Outside of Wards 1, 2 and 3; and
(b) Within a Municipal Car Park.
(9)
Subject to the restrictions set out in Section 11.1(10) herein, a free-floating
carshare vehicle displaying a current and valid free-floating carshare
permit, may park in a space on an unregulated highway or time limited
street so designated by Council and set out in Schedule 6 to this By-law
within Wards 1, 2 or 3 for up to a maximum of 72 hours at a time at the
end of trip.
(10)
Notwithstanding Section 11.1 (9) above, and for greater certainty, a free-
floating carshare vehicle shall not park in any of the following locations at
the end of trip:
(a)
Through highways;
(b)
Metered parking spaces;
(c)
Parking by Permit Only Areas;
(d)
Municipal Car Parks; or
(e)
Outside of Wards 1, 2 or 3 of the City of Hamilton.
(11)
Notwithstanding Section 11.1 (9) above, a free-floating carshare vehicle
shall not be parked contrary to:
(a)
The direction of a Police Officer, a member of the Hamilton
Fire Department; or an agent of the City; or
(b)
The direction of the operator of an authorized emergency vehicle.
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(12)
Notwithstanding Section 11.1(9) above, a free-floating carshare operator shall,
within 24 hours of receiving notice of a complaint relating to a free- floating
carshare vehicle from the City of Hamilton or the public, relocate the free-
floating carshare vehicle out of the zone to another permitted location.
(13)
Notwithstanding all other provisions of this By-law and notwithstanding the
display of authorized signs to the contrary, a free-floating carshare vehicle
properly displaying a current and valid free-floating carshare permit, is exempt
from the following provisions of said By-law:
(a) Section 9(1);
however, nothing in this section shall be deemed to annul or waive any
other provision of this By-law.
(14)
Free-floating carshare permits remain the property of the City of Hamilton and
the HMPS may, with 24 hours notice, and at their absolute discretion, recall,
void, cancel or otherwise revoke any free-floating carshare permit, and the
unexpended portion of the fee paid by the permit holder shall be refunded at
the convenience of the City.
(15)
Notwithstanding that an application has been made for a free-floating carshare
permit, or that a free-floating carshare permit has been issued and is in force
or is not in force, no provision of this by-law shall oblige HMPS to issue, renew
or reinstate a free-floating carshare permit and no person shall enjoy a vested
right in the issuance or continuance of a free- floating carshare permit.
(16)
Each free-floating carshare operator shall, on a monthly basis, provide to
HMPS anonymous trip-related data including:
(a) number of vehicles;
(b) number of active members;
(c) number of free-floating vehicle trips;
(d) average trip duration;
(e) average trip length;
(f) percentage of trips after which the vehicle was parked for greater than
72 hours;
(g) average length of time between two usages; and
(h) other key information to aid in assessing the success of the
program and future expansion opportunities.
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GENERAL PARKING PROHIBITIONS
12.
(1) No person shall have an exclusive right to park any vehicle at any particular
location on any highway except as may be permitted from time to time by
with authority of a permit issued by the Council of the City of Hamilton, the
Chief of Police, the General Manager or the Manager.
(2)
Subject to subsections (3) and (4), no person shall park any vehicle or permit
a vehicle to remain parked on any roadway or shoulder where such parking
or stopping is normally permitted except:
(a)
Where there is a barrier curb, on the right side of the roadway having
regard to the direction in which the vehicle was travelling and with its
right front and rear wheels parallel to and not more than thirty
centimetres (30 cm) [12 inches] away from the curb; or
(b)
Where there is no curb and no shoulder, on the right side of the
roadway having regard to the direction in which the vehicle was
travelling and with its right front and rear wheels parallel to and not
more than thirty centimetres (30 cm) [12 inches] away from the edge
of the roadway; or
(c)
where there is a shoulder and no curb or where there is a shoulder
and a mountable curb, upon the shoulder of the right side of the
roadway having regard to the direction in which the vehicle was
travelling and with the right front and rear wheels parallel to and as
near as is practicable to the right edge of the shoulder;
save and except where suitable signs are erected and maintained indicating
that perpendicular or angle parking is required and provided that the above
shall not apply to stopping in obedience to traffic control devices, the
directions of a Police Officer, or to accommodate the safety or convenience
of pedestrian or vehicular traffic.
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(3)
Subject to subsection (4) where parking or stopping is permitted on the left
side of a highway designated for one-way traffic, no person shall park a
vehicle or permit a vehicle to remain parked on any roadway or shoulder
where such parking is normally permitted on the left side of the highway
except:
(a)
where there is a barrier curb, on the left side of the roadway having
regard to the direction in which the vehicle was travelling, with its left
front and rear wheels parallel to and not more than thirty centimetres
(30 cm) [12 inches] away from such curb; or,
(b)
where there is no curb and no shoulder, on the left side of the
roadway having regard to the direction in which the vehicle was
travelling and with its left front and rear wheels parallel to and not
more than thirty centimetres (30 cm) [12 inches] away from the edge
of the roadway; or,
(c)
where there is a shoulder and no curb or where there is a shoulder
and a mountable curb, upon the shoulder of the left side of the
roadway having regard to the direction in which the vehicle was
travelling and with the left front and rear wheels parallel to and as
near as is practicable to the left edge of the shoulder;
save and except where suitable signs are erected and maintained indicating
that perpendicular or angle parking is required and provided that the above
shall not apply to stopping in obedience to traffic control devices, the
directions of a Police Officer, or to accommodate the safety or convenience
of pedestrian or vehicular traffic.
(4)
No person shall stop, stand or park a vehicle or permit a vehicle to remain
stopped, standing or parked on any shoulder of a highway contrary to the
restrictions applicable to the adjacent roadway as herein provided by this
By-law.
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(5)
No person shall park any vehicle:
(a)
For an unreasonable length of time having regard to all
circumstances, and;
(i)
in any event for a period in excess of twelve hours; or,
(ii)
in the case of a commercial motor vehicle which is not
registered with the Ministry of Transportation Ontario as being
primarily for personal use, for a period in excess of four hours;
or,
(iii)
in the case of a vehicle to which valid number plates (licence
plates) are not attached, in accordance with the Highway
Traffic Act and the Regulations thereunder, for a period in
excess of four hours.
For the purposes of this sub-section, any vehicle which has not been moved
a distance of not less than eighteen (18) metres (60 feet) from its original
parking location, shall be deemed to have not been moved, and to have
remained parked;
(b)
At any parking space in such a manner as to obstruct the use of any
adjoining parking space, or, where there are markings for any such
parking space, in any manner not in conformity with the same;
(c)
Within six (6) metres (20 feet) of an entrance to any armouries, drill
hall, armouries yard, hospital, theatre, church, hotel, railroad station,
bus terminal or other place of assembly, and provided, that except
that in the case of an athletic field or fair grounds, this prohibition shall
apply only while an assembly is therein, and for one hour immediately
preceding and following such assembly;
(d)
Where temporary "No Parking" signs are erected, placed or posted
along any highway or part of a highway by an officer of the Hamilton
Police Service or an employee of the City pursuant to Section 22;
(e)
Along that part of any highway which abuts an unfenced playground
or unfenced school playground between the hours of 7:00 a.m. and
6:00 p.m. of any day except a Sunday, provided that suitable signs
are erected and maintained;
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(f)
Along that part of any highway which abuts any school between 7:00
a.m. and 6:00 p.m. of any day except a Sunday, provided that suitable
signs are erected and maintained;
(g)
On any highway for the purpose of displaying it for sale;
(h)
On any municipal sidewalk or in such a manner as to obstruct any
municipal sidewalk;
(i)
Within thirty (30) metres (100 feet) of a bridge over, under or across
which the highway passes, provided that suitable signs are erected
and maintained;
(j)
In the case of a fire-hall with an access way to the highway for use by
fire fighting vehicles;
(i)
not less than eight (8) metres (25 feet) from the entrance way
on the same side of the highway as the fire-hall, provided that
suitable signs are erected and maintained; and,
(ii)
not less than thirty (30) metres (100 feet) from the entrance
way on the opposite side of the highway to that of the fire-hall,
provided that suitable signs are erected and maintained;
(k)
On any boulevard, provided that this shall not prohibit the parking of a
vehicle:
(i)
on a driveway which is not less than eighteen (18) metres (60
feet) from an intersection and, in any case, where the vehicle
is not less than two (2) metres (6 feet) from the curb or edge of
the roadway; or,
(ii)
where parking is specifically permitted by an agreement
between the City and the owner of the abutting lands or a
license granted by the City to the owner of the abutting lands;
or,
(iii)
where parking has been specifically permitted pursuant to
Section 22(7) of this by-law; or,
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(l)
On any driveway in the area between a municipal sidewalk and the
roadway; or,
(m)
In any City alleyway, provided suitable signs prohibiting parking are
erected and maintained; or,
(n)
In any turn-around area or cul-de-sac, provided suitable signs are
erected and maintained; or,
(o)
On any highway for the purpose of displaying it for sale.
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THROUGH STREET PARKING PROHIBITION
(6)
(a) No person shall park any vehicle on any highway or part highway listed
in Schedule 2 as set out in Section 10(7), between the hours of 2:00
a.m. and 7:00 a.m. provided that this shall not serve to prohibit the
standing of a taxi cab, that is occupied by the operator, in a
designated taxi zone listed in Schedules 16 or 17 of this by-law, while
said taxi zone is in force and effect.
(b)
Section 6(a) shall not apply to those through highways also listed in
Schedule 3.
(c)
Schedule 3 describes the following:
(i)
in column one thereof, the name of the highway or part
highway which is designated as a "through highway" but where
the 2:00 a.m. to 7:00 parking prohibition is not in force and
effect;
(ii)
in column two thereof, the point were the provision negating
the 2:00 a.m. to 7:00 a.m. parking prohibition commences;
and,
(iii)
in column three thereof, the point were the provision negating
the 2:00 a.m. to 7:00 a.m. parking prohibition concludes.
BICYCLE LANE PARKING PROHIBITION
(7)
No person shall park any vehicle on, or in such a manner as to obstruct, a
bicycle lane designated by a By-law of the City, provided that this shall not
prohibit the momentary stopping of:
(i)
buses at signs marking a bus stop;
(ii)
taxis while actively engaged in receiving or discharging
passengers; or,
(iii)
other motor vehicles while actively engaged in receiving or
discharging passengers who are disabled.
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DESIGNATED PARKING PROHIBITIONS - ON STREET
(8)
(a) No person shall park any vehicle upon any of the highways or part
highways listed in Schedule 8 of this By-law, provided suitable signs
are erected and maintained and provided that this shall not serve to
prohibit the standing of a taxi cab, that is occupied by the operator, in
a designated taxi zone listed in Schedule 16 or 17 of this by-law, while
said taxi zone is in force and effect.
(b)
Schedule 8 describes the following:
(i)
in column one thereof, the municipal name of the highway
where parking is prohibited;
(ii)
in column two thereof, the side of the highway, by compass
direction, where parking is prohibited;
(iii)
in column three thereof, the location on the highway where
parking is prohibited; and,
(iv)
in column four thereof, the times and days when parking is
prohibited if any.
ALTERNATE SIDE PARKING REGULATIONS
(9)
(a) No person shall park any vehicle upon those highways or part highways
listed in Schedule 9 or Schedule 10 of this By-law, provided suitable
signs are erected and maintained and provided that nothing in this
section shall be deemed to modify or otherwise affect any other
provision of this By-law restricting or prohibiting parking or stopping.
(b)
Schedule 9 describes the following:
(i)
in column one thereof, the municipal name of the highway
where parking is prohibited;
(ii)
in column two thereof, the particular location on the highway
where parking is prohibited;
(iii)
in column three thereof, the side of the highway by compass
direction, where parking is prohibited from 8:00 a.m. on the
first day of each month to 11:00 p.m. on the fifteenth day of
each month; and,
(iv)
in column four thereof, the side of the highway by compass
direction, where parking is prohibited from 8:00 a.m. on the
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sixteenth day of each month to 11:00 p.m. on the last day of
each month.
(c)
Schedule 10 describes the following:
(i)
in column one thereof, the municipal name of the highway
where parking is prohibited;
(ii)
in column two thereof, the particular location on the highway
where parking is prohibited;
(iii)
in column three thereof, the side of the highway by compass
direction, where parking is prohibited from 8:00 a.m. on the
first day of each month to 11:00 p.m. on the fifteenth day of
each month during the months of April through November,
inclusive; and from 8:00 a.m. on the first day of December
through to 11:00 p.m. on the last day of March; and,
(iv)
in column four thereof, the side of the highway by compass
direction, where parking is prohibited from 8:00 a.m. on the
sixteenth day of each month to 11:00 p.m. on the last day of
each month during the months of April through November,
inclusive.
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TOURIST SIGHT SEEING BAYS
(10)
No person shall park, in a tourist sight seeing bay listed in Schedule 11:
(a)
Any commercial motor vehicle of a width of more than two (2) metres
(6.5 feet) or any vehicle of a length of more than six (6) metres [20 ft.];
or,
(b)
Any vehicle, except a disabled vehicle, for a period of time exceeding
two (2) consecutive hours; or,
(c)
Any disabled vehicle, for a period of time exceeding four (4)
consecutive hours;
provided that suitable signs are erected and maintained.
(11)
Schedule 11 describes the following:
(a)
in column one thereof, the name of the highway adjoining the tourist
sight seeing bay;
(b)
in column two thereof, the side of the highway, by compass direction,
to which the tourist sight seeing bay is adjoined; and,
(c)
in column three thereof, the location of the tourist sight seeing bay, by
compass direction, along the adjoining highway relative to the nearest
intersecting highway.
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PERMIT PARKING IN "SPECIAL EVENT PARKING ZONES"
(12)
(a)
For the purpose of this subsection:
(i)
"Special Event Parking Zone" means an area so designated
by Council and set out in Schedule 4;
(ii)
"Residential Special Event Parking Permit" means an
exemption permit issued by and at the sole and unfettered
discretion of the Manager to:
(A)
a vehicle registered to an address within the Special
Event Parking Zone;
(B)
a vehicle registered to a person residing within the
Special Event Parking Zone; and,
(C)
a vehicle which is reserved for the exclusive use of a
person residing within a Special Event Parking Zone by
virtue of a bona fide agreement or contract between the
registered owner of the vehicle and the exclusive
operator of the vehicle;
(iii)
"Guest Special Event Parking Permit" means an exemption
permit issued by, and at the sole and unfettered discretion of,
the Manager, to a person residing within a Special Event
Parking Zone for use by specified guests of that resident,
provided that:
(A)
no more than two Guest Special Event Parking Permits
can be issued so as to be in force and effect at the
same time, to any address within the Special Event
Area notwithstanding the number of persons residing at
the said address; and,
(B)
said permit shows, clearly upon its face the license
plate number of the vehicle for which it was issued.
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(b)
No person shall park any vehicle in a Special Event Parking Zone
except a vehicle for which a valid Residential Special Event Parking
Permit or a valid Guest Special Event Parking Permit has been issued
and is in force and effect and is displayed in the inside of the lower
left corner of the windshield.
(c)
No Residential Special Event Parking Permit or Guest Special Event
Parking Permit shall be deemed valid or in force and effect except
when facing the exterior of the vehicle on the driver's side such that all
information on the face of the permit is in clear view from the exterior
of the vehicle.
(d)
No Residential Special Event Parking Permit or Guest Special Event
Parking Permit shall be deemed in force and effect except when
displayed in the vehicle for which it was issued and during the times
and dates, if any, set out upon its face.
(13)
Schedule 4 describes the following:
(a)
in column one thereof, the name of the highway or part highway
included within the Special Event Parking Zone; and,
(b)
in column two thereof, the point upon the subject highway where the
Special Event Parking Zone regulation commences and the point
where the regulation terminates.
HEAVY VEHICLE PARKING PROHIBITION
(14)
No person shall park a heavy vehicle on any highway that is not designated
as a truck route by a by-law of the City.
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SPECIAL ENFORCEMENT AREAS
12.1 (1)
No person shall park, stand, or stop a vehicle in contravention of any
provision of this By-law within a Special Enforcement Area.
(2)
For the purposes of subsection (1), "Special Enforcement Area" means
an area set out on Schedule 23.
(3)
Schedule 23 describes the following:
a) in column one thereof, the name of the highway or part highway
included within the Special Enforcement Area;
b) in column two thereof, the side of the highway, by compass direction,
where the Special Enforcement Area regulation applies;
c) in column three thereof, the point upon the subject highway where the
Special Enforcement Area regulation commences and the point where
the regulation terminates;
d) in column four thereof, those periods during which the Special
Enforcement Area regulation is in force and effect.
(4)
Schedule 23 shows the following Special Enforcement Areas:
(a) A - Greensville Waterfall Area.
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GENERAL STOPPING PROHIBITIONS
13.
(1).
No person shall stop any vehicle:
(a)
Within an intersection or crosswalk, or within six (6) metres [20 ft.] of a
crosswalk, whether said crosswalk is marked or not;
(b)
Upon a bridge or in a subway or within thirty (30) metres [100 ft.] of
either end thereof;
(c)
Within a traffic circle or within thirty (30) metres [100 ft.] thereof;
(d)
In front of or within forty-five (45) centimetres [18 in.] of either side of
a driveway to residential premises having not more than three
dwelling units, or in front of or within one (1) metre [3 ft.] of either side
of any other driveway, vehicle approach ramp, shipping entrance, lane
or alley;
(e)
On the right-hand side of any two-way roadway and on either side of
any one-way roadway, within thirty (30) metres [100 ft.] on the
vehicular approach side and within six (6) metres [20 ft.] on the
vehicular departure side of any railway crossing or railway crossing
warning signal;
(f)
Within fifteen (15) metres [50 ft.] of a school crossing on a two-way
roadway or within fifteen (15) metres [50 ft.] on the vehicular approach
side or within six (6) metres [20 ft.] on the vehicular departure side of
a school crossing on a one-way roadway;
(g)
Where temporary "No Stopping" signs are erected, placed or posted
along any highway or part of a highway by an Officer of the Hamilton
Police Service or an employee of the City pursuant to Section 22;
(h)
Within nine (9) metres [30 ft.] of an intersection with any highway;
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(i)
Within seventy-five (75) metres [246 ft.] of any signalized intersection,
provided suitable signs are erected and maintained, except buses at a
sign marking a bus stop, and save that this prohibition shall not apply
to the parking of a vehicle temporarily for the purpose of and while
actually engaged in loading or unloading merchandise or passengers,
within a loading bay constructed adjacent to the through lanes of the
roadway and designated as such in the appropriate schedule
subjoined to this By-law;
(j)
In front of or within three (3) metres [10 ft.] of the entrance of any fire
hall, or on the opposite side of the street for the full width of said fire
hall and an additional distance of fifteen (15) metres [50 ft.] each way;
(k)
Except buses, within twenty-six (26) metres [85 ft.] on the approach
side and nine (9) metres [30 ft.] on the leaving side of any sign
marking a bus stop designated by a By-law of the City;
(l)
On the roadway side of any vehicle parked or stopped at the curb or
edge of the roadway;
(m)
Along side or opposite any excavation or other obstruction when such
stopping would obstruct or interfere with traffic;
(n)
In front of or within nine (9) metres [30 ft.] of either side of a driveway,
vehicle approach ramp, pedestrian pathway or pedestrian walk,
leading to or from a school, park or playground area, provided
suitable signs are erected and maintained;
(o)
Within six (6) metres [20 ft.] of any signalized intersection, except
buses at a sign marking a bus stop.
(p)
At or near the edge of any roadway which adjoins a central boulevard.
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(q)
Less than three (3) metres [10 ft.] from a point at the edge of the
roadway which is directly opposite a hydrant and on the same side of
the roadway as said hydrant; or,
(r)
In any City alleyway provided suitable signs prohibiting stopping are
erected and maintained; or,
(s)
Within forty-five (45) centimetres [18 in.] of any wheelchair ramp
leading from a municipal sidewalk to the roadway; or,
(t)
Within fifteen (15) meters [50 ft.] of an intersection, provided suitable
signs are erected and maintained.
(2) (a) No owner or other person shall permit any vehicle kept for hire to stand
upon any street while waiting hire or engagement, except at an area
authorized and assigned by the provisions of this by-law, and
provided that suitable signs are erected and maintained.
(b) No owner or other person shall permit any vehicles kept for hire
providing service to the Airport, to stand upon any street while waiting
hire or engagement, except at a stand authorized and assigned by the
provisions of this by-law;
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DESIGNATED STOPPING PROHIBITIONS - ON STREET
14.
(1) No person shall stop any vehicle, except a bus at a sign marking a bus stop,
upon any of the highways or parts of highways indicated in Schedule 13
during any of the times specified therein, provided that suitable signs are
erected and maintained.
(2)
Schedule 13 describes the following:
(a)
in column one thereof, the highway or part highway where stopping is
prohibited;
(b)
in column two thereof, the side of the subject highway or part
highway, by compass direction, where stopping is prohibited;
(c)
in column three thereof, the point at which the subject stopping
prohibition commences and the point where such regulation
concludes;
(e) in column four thereof, those periods during which the subject regulation
is in force and effect.
15.
(1) No person shall stop any vehicle at any "wheelchair loading zone" listed in
Schedule 14 during anytime specified therein, provided suitable signs are
erected and maintained, saving and excepting however while the driver is
actively engaged in loading or unloading persons suffering from a mobility
impairment, whether or not a wheelchair is in use, for a period of time no
longer than is necessary for such purpose, and in no case shall the vehicle
be left unattended for a period of time which exceeds 10 minutes.
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(2)
Schedule 14 describes the following:
(a)
in column one thereof, the highway or part highway where stopping is
prohibited except for wheelchair loading;
(b)
in column two thereof, the side of the subject highway or part
highway, by compass direction, where said stopping is prohibited;
(c)
in column three thereof, the point at which the subject stopping
prohibition commences and the point where such regulation
concludes; and,
(e) in column four thereof, those periods during which the subject regulation
is in force and effect.
16.
(1) No person shall stop any vehicle at any Commercial Vehicle Loading Zone
listed in Schedule 15 during any time specified therein, provided suitable
signs are erected and maintained, saving and excepting a commercial
vehicle while being loaded and unloaded for a period of time no longer than
is reasonably necessary for such purposes.
(2)
Schedule 15 describes the following:
(a)
in column one thereof, the highway or part highway where stopping is
prohibited except for commercial vehicle loading and unloading;
(b)
in column two thereof, the side of the subject highway or part
highway, by compass direction, where said stopping is prohibited;
(c)
in column three thereof, the point at which the subject stopping
prohibition commences and the point where such regulation
concludes; and,
(e) in column four thereof, those periods during which the subject regulation
is in force and effect.
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17.
(1) No person shall stop any vehicle at any school bus loading zone listed in
Schedule 20 during any of the times specified therein, provided suitable
signs are erected and maintained, save and except:
(a)
any school bus while being loaded or unloaded for a period of time no
longer than is reasonably necessary for such purpose; and,
(b)
any taxi cab while engaged in loading or unloading passengers,
provided that suitable signs exempting taxi cabs have been erected
and are maintained;
and provided that whenever under this Section stopping is prohibited during
certain times, such prohibition shall not apply on Saturdays, Sundays or
holidays.
(2)
Schedule 20 describes the following:
(a)
in column one thereof, the highway or part highway where stopping is
prohibited except for school bus and taxi cab loading and unloading;
(b)
in column two thereof, the side of the subject highway or part
highway, by compass direction, where said stopping is prohibited;
(c)
in column three thereof, the point at which the subject stopping
prohibition commences and the point where such regulation
concludes; and,
(e) in column four thereof, those periods during which the subject regulation
is in force and effect.
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18.
(1) No person shall stop any vehicle in any designated taxi zone listed in Schedule
16, except a vehicle licensed as a taxi cab, provided suitable signs are erected
and maintained.
(2)
Schedule 16 describes the following:
(a)
in column one thereof, the highway or part highway where stopping is
prohibited except for a licensed taxi cab;
(b)
in column two thereof, the side of the subject highway or part
highway, by compass direction, where said stopping is prohibited;
(c)
in column three thereof, the point at which the subject stopping
prohibition commences and the point where such regulation
concludes; and,
(e) in column four thereof, those periods during which the subject regulation
is in force and effect.
19.
(1) No person shall stop any vehicle in any designated public taxi zone listed in
Schedule 17, except a vehicle licensed as a public taxi cab, provided suitable
signs are erected and maintained.
(2)
Schedule 17 describes the following:
(a)
in column one thereof, the highway or part highway where stopping is
prohibited except for a license public taxi cab;
(b)
in column two thereof, the side of the subject highway or part
highway, by compass direction, where said stopping is prohibited;
(c)
in column three thereof, the point at which the subject stopping
prohibition commences and the point where such regulation
concludes; and,
(e) in column four thereof, those periods during which the subject regulation
is in force and effect.
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20.
(1) No person shall stop any vehicle in any designated hotel limousine zone
listed in Schedule 18, except a vehicle operated as a limousine by a hotel,
provided suitable signs are erected and maintained.
(2)
Schedule 18 describes the following:
(a)
in column one thereof, the highway or part highway where stopping is
prohibited except for a limousine operated by a hotel;
(b)
in column two thereof, the side of the subject highway or part
highway, by compass direction, where said stopping is prohibited;
(c)
in column three thereof, the point at which the subject stopping
prohibition commences and the point where such regulation
concludes; and,
(e) in column four thereof, those periods during which the subject regulation
is in force and effect.
21.
(1) No person shall stop any vehicle in any designated Airport Service Bus and
Limousine Stand listed in Schedule 19, except a bus or limousine dedicated
solely for airport service, provided suitable signs are erected and maintained.
(2)
Schedule 19 describes the following:
(a)
in column one thereof, the highway or part highway where stopping is
prohibited except for a bus or limousine dedicated for airport service;
(b)
in column two thereof, the side of the subject highway or part
highway, by compass direction, where said stopping is prohibited;
(c)
in column three thereof, the point at which the subject stopping
prohibition commences and the point where such regulation
concludes; and,
(e) in column four thereof, those periods during which the subject regulation
is in force and effect.
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SPECIAL PARKING & STOPPING REGULATIONS
22.
(1) The Chief of Police, and any Police Officer under his command, is hereby
authorized to temporarily prohibit parking or stopping on such highways and
during such times and days as he deems proper and necessary, in the
interest of the safety or convenience of the public, the proper movement of
traffic, or the proper and safe performance of some vital function of the City
and he shall erect or cause to be erected authorized signs upon such
highways or otherwise give public notice to indicate such prohibition or
limitation.
(2)
The Chief of Police, and any Police Officer under his command, is hereby
authorized to temporarily annul any existing traffic or parking regulation
normally in force and effect under provisions of this By-law, on such
highways and during such times and days as he deems proper and
necessary, in the interest of the safety or convenience of the public, the
proper movement of traffic, or the proper and safe performance of some vital
function of the City, and he shall erect or cause to be erected authorized
signs upon such highways, or remove or cover or cause to be removed or
covered such signs as may exist upon such highways, or otherwise give
public notice to indicate such nullification.
(3)
The General Manager is hereby authorized to temporarily prohibit parking or
stopping on such highways and during such times and days as he deems
proper and necessary in the interest of the safety or convenience of the
public, the proper movement of traffic, or the proper and safe performance of
some vital function of the City, and he shall erect or cause to be erected
authorized signs upon such highways or otherwise give public notice to
indicate such prohibition or limitation.
(4)
The General Manager is hereby authorized to temporarily annul any existing
traffic or parking regulation normally in force and effect under provisions of
this By-law, on such highways and during such times and days as he deems
proper and necessary, in the interest of the safety or convenience of the
public, the proper movement of traffic, or the proper and safe performance of
some vital function of the City, and he shall erect or cause to be erected
authorized signs upon such highways, or remove or cover or cause to be
removed or covered such signs as may exist upon such highways, or
otherwise give public notice to indicate such nullification.
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(5)
The Manager is hereby authorized to temporarily prohibit parking or stopping
on such highways and during such times and days as he deems proper and
necessary in the interest of the safety or convenience of the public, the
proper movement of traffic, or the proper and safe performance of some vital
function of the City, and he shall erect or cause to be erected authorized
signs upon such highways or otherwise give public notice to indicate such
prohibition or limitation.
(6)
The Manager is hereby authorized to temporarily annul any existing traffic or
parking regulation normally in force and effect under provisions of this By-
law, on such highways and during such times and days as he deems proper
and necessary, in the interest of the safety or convenience of the public, the
proper movement of traffic, or the proper and safe performance of some vital
function of the City, and he shall erect or cause to be erected authorized
signs upon such highways, or remove or cover or cause to be removed or
covered such signs as may exist upon such highways, or otherwise give
public notice to indicate such nullification.
(7)
Without limiting the generality of subsection (6) above, the Manager is
hereby authorized to temporarily prohibit parallel parking and implement
perpendicular or angle parking, on such highways or part highways and
during such times and days as he deems proper and necessary, in the
interest of safety and convenience of the public, the proper movement of
traffic, or the proper and safe performance of any function or activity of, or
approved by, the City. In this case, the Manager shall cause to be erected
suitable signs upon said highways or part highways, or remove or cover or
cause to be removed or covered such signs as may exist upon said
highways, or otherwise give public notice to indicate the aforesaid change in
regulation, which notice may include the painting or placement of ground
markings. For the purpose of this subsection, "highways or part highways" is
deemed to specifically include any roadway, boulevard and shoulder of the
road.
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23.
No person shall:
(1)
Wash down any vehicle parked, stopped or standing on any highway.
(2)
Perform automotive services, maintenance or repairs, to any vehicle parked,
stopped or standing on any highway.
Save and except that this section shall not prohibit the performance of minor
emergency repairs necessary to provide for the safe removal of the subject vehicle
from the highway.
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SNOW ROUTE REGULATIONS
24.
(1) For the purpose of this section, a Snow Emergency is a period of time
commencing with a declaration by the Chief of Police that a Snow
Emergency is in effect, and ending with a declaration by the Chief of Police
that the Snow Emergency has ended. The Chief of Police may declare a
Snow Emergency when a snow emergency condition exists, and the Snow
Emergency may be declared to be in effect for some or all of the Snow
Routes listed in Schedule 21.
(2)
A snow emergency condition shall exist for that period of time during which it
is necessary, in the opinion of the Chief of Police, to prohibit the parking or
standing of motor vehicles on, and to require the moving or removal of
vehicles from some or all of the Snow Routes listed in Schedule 21, in order
to facilitate the ploughing or removal of snow.
(3)
A Snow Route is a highway which is so designated by the Council of the City
of Hamilton and is listed in Schedule 21 and which is signed with official
signs indicating that:
(a)
parking is prohibited at all times, or,
(b)
parking is prohibited during a Snow Emergency.
(4)
The Chief of Police is hereby authorized to use whatever means he may
deem advisable to advise the general public of the commencement or
termination of a Snow Emergency.
(5)
Notwithstanding any other provisions of this By-law, no person shall park or
stand or leave parked or standing any vehicle other than an authorized
emergency vehicle, on any Snow Route during a Snow Emergency.
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(6)
In this section the parking or standing of a vehicle on a Snow Route within
the City of Hamilton shall constitute an offence and upon the elapse of each
subsequent 12 hour period during which the vehicle is parked or allowed to
remain standing on the said Snow Route, while the Snow Emergency
remains in effect, a separate offence shall be deemed to have been
committed and a violation tag may be issued for each 12 hour period for
which the vehicle is alleged to be in violation.
(7)
Schedule 21 describes the following:
(a)
in column one thereof, the name of the highway or part highway
where parking is prohibited during a declared snow emergency;
(b)
in column two thereof, the point at which the subject parking
regulation commences; and,
(c)
in column three thereof, the point at which the subject regulation
concludes.
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PARKING EXEMPTIONS FOR THE PHYSICALLY DISABLED
25.
(1)
For the purpose of this section:
(a)
"permit" shall mean a permit or an identifying marker issued by the
Ministry of Transportation Ontario to a physically disabled person,
said marker being a Disabled Person Parking Permit; and,
(b)
"Ministry" shall mean the Ministry of Transportation Ontario.
(2)
No person shall use, other than in the manner provided for in this Section a
permit issued by the Ministry.
(3)
The permit shall be affixed to the sun visor of the driver's side of the motor
vehicle being used to transport the permit holder, and such permit shall be
affixed in such a manner to that it is readily visible from outside of the vehicle
when the visor is turned down, or it shall be displayed on the left hand side
dashboard of the vehicle in such a manner as to be in clear view from the
exterior of the vehicle.
(4)
A permit shall be deemed to be properly displayed when the permit is entirely
and readily visible from the exterior of the vehicle and only if the face of the
permit is entirely unobstructed.
(5)
Notwithstanding all other provisions of this By-law and notwithstanding the
display of authorized signs to the contrary, the owner or driver of a vehicle
properly displaying an identifying marker, is exempt from the following
provisions of said By-law:
(a)
Section 8(5)(a), (b) and (c); and,
(b)
Section 9(1);
however, nothing in this section shall be deemed to annul or waive the any
other provision of this By-law.
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PART 3 - PARKING CONTROL DEVICES
POLICE "NO PARKING" AND "NO STOPPING" SIGNS
26.
(1) Pursuant to Section 22 and in the exercise of the power to direct traffic, a
Police Officer may erect or cause to be erected "No Parking" and "No
Stopping" signs in such places and for such temporary periods as may be
reasonably necessary or advisable.
(2)
Subject to Sections 22 and 26, no unauthorized person may erect, install,
place or otherwise use a "No Parking" or a "No Stopping" sign which is, or
which appears to be, a Police "No Parking" or "No Stopping" sign.
(3)
Subject to Sections 22 and 26, no unauthorized person may remove, alter,
injure, obstruct or otherwise interfere with a Police "No Parking" or "No
Stopping" sign.
SIGNS AND TRAFFIC CONTROL DEVICES
27.
(1) It shall be the duty of the Manager to erect and maintain or cause to be
erected and maintained all parking meters, parking regulation signs and
other traffic control devices as may be required or authorized by statute or by
this By-law, or such as may be required to manage or regulate parking for
the safety or convenience of the public.
(2) The Manager is authorized to temporarily remove or otherwise annul such
parking meters, parking regulation signs and other traffic control devices as
may be necessary to accommodate the interests of the City.
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OFFICIAL SIGNS
28.
(1) Where under The Highway Traffic Act an official sign is required to be erected
and no official sign for the purpose has been designated under that Act or
the regulations made thereunder, each such sign shall correspond with one
of the illustrations in Schedule 22, notwithstanding that a sign illustrated is
identical with an official sign that has been designated.
(2)
Every sign illustrated in Schedule 22 may be varied by supplementary
information as may be necessary or appropriate to indicate the conditions
under which the sign applies including the following and any combination
thereof:
(a)
Time or times of the day;
(b)
Day or days of the week;
(c)
Month or months of the year;
(d)
The use by specific types or classes of vehicles;
(e)
Number of hours or minutes; and,
(f)
Any other information that serves to indicate conditions under which
the sign applies.
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UNLAWFUL SIGNS
29.
(1) No unauthorized person shall place, maintain or display upon or in view of
any highway any sign, marking or device which is or which resembles an
official sign or traffic control device, to such a degree that it may be mistaken
for an official sign or traffic control device, or which is so located as to
interfere with the effectiveness of an official sign or traffic control device.
(2) No person shall without lawful authority move from its proper position or
otherwise interfere with any authorized or official traffic sign or other traffic
control device.
COMPLY WITH SIGNS
30.
Save as may be otherwise more specifically provided in this By-law or the Highway
Traffic Act, it shall be an offence against the provisions of this By-law for any person
to fail to comply with the directions of any official traffic sign or traffic control device
regulating traffic on a highway.
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PART 4 - OFFENCES AND PENALTIES
OFFENCE AND PENALTIES
31.
(1) The owner of a vehicle that is parked, stopped or left standing in contravention
of this By-law is guilty of an offence and is liable to such penalties as are
provided for by the Provincial Offences Act, R.S.O. 1990, c.P.33., as
amended, unless the owner proves to the satisfaction of the Court that at
the time of the offence the motor vehicle was in the possession of another
person without the owner's consent, expressed or implied.
(2)
Any person who violates any provision of this By-law is guilty of an offence
and is liable to such penalties as are provided for by the Provincial Offences
Act, R.S.O. 1990, c.P.33, as amended.
(3)
Pursuant to the City's Administrative Penalties by-law, certain sections of
this By-law have been designated as a by-law to which the City's Administrative
Penalties by-law applies.
(4)
The owner of a vehicle that is parked, stopped or left standing in contravention
of the designated sections of this By-law, when given a penalty notice in
accordance with the City's Administrative Penalties By-law, shall be liable to
pay the City an administrative penalty in the amount specified in Schedule A of
the City's Administrative Penalty By-law and any fees related thereto, unless the
owner proves to the satisfaction of the City that at the time of the offence, the
vehicle was in the possession of another person without the owner's consent,
expressed or implied.
(5)
Any person who violates a designated section of this By-law, when given a penalty
notice in accordance with the City's Administrative Penalties By-law, shall be liable
to pay the City an administrative penalty in the amount specified in Schedule A of
the City's Administrative Penalty By-law and any fees related
thereto.
TOWING
32.
A Police Officer or a Municipal Law Enforcement Officer appointed to enforce the
provisions of this By-law, upon discovery of a vehicle parked or standing contrary to
the provisions of this By-law, may cause the vehicle to be moved or taken to and
placed or stored in a suitable place and all costs for removing, care and storage
thereof, if any, are a lien upon the vehicle which may be enforced in the manner
provided by Repair and Storage Liens Act, R.S.O. 1990, c.R.25.
(20-141)
(20-141)
(20-141)
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TAGGING
33.
Where a vehicle is found parked, standing or stopped in contravention of the
provisions of this By-law, the Police Officer or Municipal Law Enforcement Officer so
finding the vehicle may attach to the vehicle a Parking Infraction Notice in the form
of a serially numbered ticket stating:
(a)
the license number and description of the vehicle;
(b)
the alleged offence;
(c)
the date, time and place of the alleged offence; and,
(d)
the early payment and set fine penalties attendant to the alleged offence.
VOLUNTARY PAYMENT OF PARKING PENALTIES
34.
Notwithstanding all other provisions of this By-law in respect to penalties for
violations of any provisions of this By-law, any person may pay out of court the
specific penalty provided for such violation by mailing or otherwise presenting the
Parking Infraction Notice alleging the said violation, accompanied by payment of the
early amount indicated on the Parking Infraction Notice within seven consecutive
days of the issuance of the Notice and upon such payment no further proceedings
shall be taken under this By-law in respect of the said offence alleged in the Parking
Infraction Notice.
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PART 5 - REPEALS AND ENACTMENT
35.
(1) By-law R89-038 of the Regional Municipality of Hamilton-Wentworth, passed
and enacted on the 21st day of March, 1989; By-law 76-46 of the
Corporation of the Town of Ancaster, passed and enacted on the 28th day of
June, 1976; By-law 3366-82 of the Corporation of the Town of Dundas,
passed and enacted on the 18th day of October, 1982; By-law 90-31-T of the
Corporation of the Town of Flamborough, passed and enacted on the 18th
day of April, 1990; By-law 515-95 of the Corporation of the Township of
Glanbrook, passed and enacted on the 16th Day of January, 1995; By-law
89-72, of the Corporation of the City of Hamilton, passed and enacted on the
28th day of February, 1989; and By-law 4818-98 of the Corporation of the
City of Stoney Creek, passed and enacted on the 22nd day of September,
1998; each as amended, and including all amendments thereto, are hereby
repealed.
(2) Every reference to the aforesaid By-laws with respect to matters relating to
parking and antedating the enactment of this By-law shall be deemed to be a
reference to this By-law.
36.
The short title of this By-law shall be "The On-Street Parking By-law".
37.
This By-law shall come into force and effect upon the date of the issue of an order
by the Regional Senior Justice establishing set fines for this by-law.
PASSED AND ENACTED on this
day of
, A.D. 20001.
Mayor
City Clerk