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THE CORPORATION OF THE MUNICIPALITY OF HASTINGS HIGHLANDS
BYLAW 2020-009
REGULATING THE TRAFFIC AND PARKING/STOPPING OF VEHICLES IN THE
MUNICIPALITY OF HASTINGS HIGHLANDS
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WHEREAS, Section 11 (3) of the Municipal Act, 2001, 5.0., c.25, as amended, provides
that a Municipality may pass bylaws with respect to the regulating and controlling of
traffic within their boundaries and for prohibiting the parking, standing or stopping of
motor vehicles on the designated highways or the designated parts of highways, and for
prohibiting the deposit of snow, or ice, or any waste or litter upon a highway and may
provide for penalties and enforcement of said bylaws;
AND WHEREAS, Section 102.1 (1) without limiting sections 9, 10, 11 of the Municipal
Act 2001 5.0., c.25, as amended, a municipality may require a person to pay an
administrative penalty if the municipality is satisfied that the person has failed to comply
with any bylaws respecting the parking, standing or stopping of vehicles;
AND WHEREAS, Section 427 of the Municipal Act, 2001, 5.0., 2001, c.25, as amended,
provides in part that a bylaw establishing a system of accessible parking shall provide
that every person who contravenes the bylaw is guilty of an offence;
AND WHEREAS, R.R.O., 1990, Regulation 581 under the Highway Traffic Act provides
regulations for accessible parking for persons with disabilities;
AND WHEREAS, Section 428 of the Municipal Act, 2001, 5.0., 2001, c.25, as amended,
provides that a bylaw may provide for offences for a vehicle parked in contravention of a
bylaw passed under this Act;
AND WHEREAS, Section 429 (1) of the Municipal Act, 2001, S.0., 2001, c.25, as
amended, provides that a municipality may establish a system of fines for offences
under a bylaw of the municipality passed under this Act;
AND WHEREAS, Section 432 of the Municipal Act, 2001, 5.0., c.25, as amended,
provides in part that a bylaw related to parking, standing or stopping of vehicles, passed
under Section 425 may establish a procedure for the voluntary payment of penalties out
of court;
NOW THEREFORE the Council of the Municipality of Hastings Highlands enacts as
follows:
The provisions of this bylaw are subject to the provisions of the Highway Traffic Act,
R.S.O. 1990, as amended, or re-enacted from time to time and the regulations made
there under.
1.0 Definitions
1.1 In this Bylaw:
(i)
"Authorized Sign" - means any sign or roadway, curb or sidewalk marking or
device, placed or erected anywhere under the authority of the Municipality for the
purpose of regulating, warning or guiding traffic and includes an official sign.
(ii)
"Bicycle" - shall mean as defined in the Highway Traffic Act, as amended.
(iii)
"Boulevard" - means that portion of municipal property located between the
roadway and the property line.
(iv)
"Commercial Motor Vehicle" - means a motor vehicle having permanently
attached thereto a truck or delivery body and includes ambulances, hearses, casket
wagons, fire apparatus, buses and tractors used for hauling purposes on the
highway.
(v)
"Corner" - means the point of intersection of curbs or edges of the roadways.
(vi)
"Crosswalk" - means that part of a highway at an intersection that is included within
the connections of the lateral lines of the sidewalk on opposite sides of the highway
measured from the edges of the roadway, or any portion or a roadway at an
intersection or elsewhere distinctly indicated for pedestrian crossing by signs or lines
or other markings on the road surface.
(vii)
"Driver/Owner" - for the purpose of this bylaw, means a person who drives or
owns the vehicle in question.
(viii)
"Fire Route" - means any part of a roadway or a private roadway designated by
signage as a route that will be used for emergency vehicles or emergency
personnel, including without limitation, fire trucks, emergency response vehicles,
ambulances and any other similar motor vehicles.
(ix)
"Heavy Truck" - means a commercial motor vehicle, larger than a truck commonly
identified as a one-ton pickup truck or a van with maximum one-ton cargo capacity,
used for the transportation of any material whether animate or inanimate.
(x)
"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.
(xi)
"Intersection" - means the area embraced within the prolongation or connection of
the lateral curb lines or if none, then 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 one highway crosses the other.
(xii)
"Litter" - means all rejected, abandoned or discarded materials, containers and
goods incidental to the operation of households, farms, business establishments and
public places.
(xiii)
"Minister" - means the Minister of Transportation.
(xiv)
"Ministry" - means the Ministry of Transportation.
(xv)
"Median" - means a portion of a highway so constructed as to separate traffic
traveling in one direction from traffic traveling in the opposite direction by a physical
barrier or an unpaved strip of ground.
(xvi)
"Motor Vehicle" - includes an automobile, motorcycle, motor-assisted bicycle
unless otherwise excluded by the Highway Traffic Act and any other vehicle
propelled or driven otherwise than by muscular power but does not include motor
vehicles running only upon rails or a motorized snow vehicle, traction engine, farm
tractor, self-propelled implement of husbandry or a road-building machine within the
meaning of the Highway Traffic Act.
(xvii)
"Municipality" - means the Municipality of Hastings Highlands.
(xviii)
"Officer" - includes members of the Ontario Provincial Police, the Municipality of
Hastings Highlands Fire Department, the Bylaw Enforcement Officer, or any person
authorized by the Municipality of Hastings Highlands to regulate or to enforce the
provisions of this Bylaw.
(xix)
"Official Sign" - means a sign approved by the Ministry.
(xx)
"One-Way Street" - means a street upon which vehicular traffic is limited to
movement in one direction.
(xxi)
"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
engaged in loading or unloading merchandise or passengers.
(xxii)
"Parking Infraction" - means any unlawful parking, standing, or stopping of a
vehicle that constitutes an offence.
(xxiii)
"Parking Penalty Notice" - means a notice authorized by the Provincial Offences
Act and placed on any vehicle parked in contravention of this bylaw, providing for
the payment of the penalty out of court.
(xxiv)
"Pedestrian"- means a person afoot and includes children, persons afoot with
mechanical aid or aids, and invalids in wheelchairs or similar devices.
(xxv)
"Pedestrian Crossover" - means any portion of a roadway, designated by Bylaw,
at an intersection or elsewhere, distinctly indicated for pedestrian crossing by signs
on the highway and lines or other markings on the surface of the roadway as
prescribed by the Regulations.
(xxvi)
"Provincial Offences Officer"- means a police officer or a person designated
under the Provincial Offences Act.
(xxvii) "Regulations" - means the regulations made under the Highway Traffic Act and this
bylaw.
(xxviii) "Roadway" - means the part of the highway that is improved, designed or ordinarily
used for vehicular traffic including any designated parking areas 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 the roadways
collectively.
(xxix)
"Road Allowance" - means that portion of the Municipality that is designated as
road property.
(xxx)
"Sidewalk" - means that portion of a highway, between the curb lines of a roadway
or the lateral edge lines of a roadway and the adjacent property lines, designed and
intended for the use of pedestrians.
(xxxi)
"Stop" or "Stopping" - means the halting or standing 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 police officer or an authorized
traffic control sign or signal.
(xxxii) "Stand" or "Standing" when prohibited - means the halting of a vehicle, whether
occupied or not, except for the purpose of and while engaged in the receiving or
discharging of passengers.
(xxxiii) "Street or Highway" - includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, designed and intended
for, or use by, the general public for the passage of vehicles and any portion of a
street between the lateral property lines. The word street shall denote highway and
vice versa.
(xxxiv) "Time" - where any expression of time occurs or where any hour or other period of
time if stated, the time referred to shall be Eastern Standard Time, except during a
period when daylight Saving Time is in effect in the Municipality of Bluewater, when
the time referred to shall be one hour in advance of standard time.
(xxxv) "Traffic" - means lawful vehicular or pedestrian movement on the highway and
includes, ridden or herded animals, vehicles and other conveyances either singly or
together while using any street for the purpose of travel.
(xxxvi) "U-Turn" - means to turn a vehicle within a roadway to proceed in the opposite
direction.
(xxxvii) "Vehicle" - includes a motor vehicle, trailer, traction engine, farm tractor, road
building machine, bicycle and any vehicle drawn, propelled or driven by any kind of
power, including muscular power but does not include a motorized snow vehicle.
(xxxviii) "Words" - where any word or expression used in this By-law is not defined herein,
reference shall be made to the Highway Traffic Act, the Interpretation Act, as
amended or re-enacted from time to time or a generally accepted dictionary and the
interpretation that best supports the spirit and intent of this By-law shall be adopted.
2.0 Parking
2.1 When authorized signs are erected and on display, no person shall leave a vehicle
in disobedience to the directions given on the said sign on any street or part of street in
the municipality, except Police, Fire Department, Operations Department, Ambulance,
and municipal vehicles in the course of their duties.
2.2 When parking spaces have been established by suitable markings on the road
surface on any street or part of street in the municipality, no person shall park a vehicle
except within the space designated by the markings.
2.3 "Parallel Parking" - When parking is permitted, no person shall park or stop a vehicle
on any highway, except on the right side of the highway having regard for the direction
in which the vehicle has been proceeding and the right front and right rear wheels or
runners of the vehicle are parallel to and distant respectively not more than 15 cm. (6
inches) from the curb or edge of the roadway.
3.0 Prohibited Parking
3.1 No person shall park a vehicle or bicycle:
a) On a sidewalk;
b) On a crosswalk or pedestrian crossover;
c) Within any intersection;
d) Within a fire route, where authorized signs are erected and on display;
e) On a bridge or approaches thereto;
f) Within 3 metres (9.8 feet) of a point on the curb or edge of the roadway directly
opposite a fire hydrant;
g) Within 3 metres (9.8 feet) of an intersection;
h) On any street or highway in such a position as to obstruct traffic;
i) In such a manner as to interfere with the convenience or removal of any vehicle
previously parked or standing;
j) On any street or highway in such a manner as to interfere with necessary civic
services such as but not limited to road repair, snow plowing or snow removal that is
already in progress, or where signs or notices have been placed indicating any snow
removal or other civic operations are to be commenced;
k) Impeding entrance to or exit from a private or public driveway;
l) On any street or highway between the hours of 12:00 a.m. (midnight) and 7:00 a.m.
Eastern Standard Time from October Fifteenth (15th) to April Fifteenth (15th) each year;
Section 3.0 Exemption:
Permission may be granted, by authorized representatives of the municipality for relief
from the provisions of this bylaw during construction or any unusual or unforeseen
circumstance.
4.0 Heavy Trucks
4.1 No person shall park or stop a heavy truck in any residential area for any reason
other than to load or unload cargo and for no longer of a period than reasonably
required to load or unload cargo.
5.0 Limited Time Parking Zones
5.1 Where authorized signs are erected and on display, no person shall park a vehicle
on a street or part of a street for a longer period than allowed by the said authorized
sign.
6.0 Accessible Parking
6.1 Where authorized signs bearing the International Symbol for Accessibility are
erected and on display in public or private parking areas, parking lots or parking
facilities, no person shall park a vehicle in a designated parking space except when the
parking is for the convenience of a person with disabilities and the vehicle displays a
permit bearing the International Symbol for Accessibility as approved by the Minister.
7.0 Parking on Municipal Property
7.1 No person shall park a motor vehicle on property owned or occupied by the
Municipality or any local board thereof without the consent of the Municipality or said
local board.
7.2 Where signs are displayed, no person shall park or leave a vehicle on Municipal
property, including a Municipal dock or boat launch, without written authority from the
Municipality.
8.0 Miscellaneous Prohibitions
8.1 No person, without lawful authority, shall push or blow snow onto the roadway or
road allowance.
8.2 No person, without lawful authority, shall deposit litter, mud, dirt, gravel, stone,
cement or any other object(s) on the roadway or road allowance.
9.0 Exceptions
9.1 The provisions of this Bylaw shall not apply to:
a) Fire Department vehicles;
b) Police Department vehicles;
c) Ambulances;
d) Authorized vehicles owned or employed by the Municipality of Hastings Highlands; or
e) Emergency vehicles while performing the duties for which they were intended.
10.0 Enforcement and Penalties
10.1 The provisions of this Bylaw shall be enforced by an Officer, as defined in Section
1.0 of this Bylaw.
11.0 Emergency Prohibitions
11.1 Notwithstanding any other provisions of this Bylaw, the Municipality or a person
authorized by the Municipality, during emergency or special circumstances, may declare
a period of emergency parking prohibition and by use of signs or other clear directions,
may suspend the parking of vehicles on any street or parts thereof. A vehicle parked
before the declaration of the Municipality or authorized agent may be deemed to be
parked in contravention of this Section providing all reasonable attempts have been
made to contact the owner or driver of the vehicle. Where the owner or driver of the
vehicle has been notified of the emergency parking prohibition and has been given
reasonable opportunity to remove the vehicle and fails to or refuses to obey the
directions of the Municipality or authorized agent, the owner or driver of the motor
vehicle has committed an offence.
12.0 Procedures
12.1 An Officer who has reason to believe that a Person has contravened this Bylaw
may issue a Penalty Notice in accordance with the Administrative Monetary Penalty
System Bylaw.
12.2 The issuing Officer may serve a Parking Penalty Notice in accordance with the
Administrative Monetary Penalty System Bylaw or;
a) On the owner of the vehicle by affixing the notice to the vehicle in a conspicuous
place at the time of the alleged infraction or by delivering it personally to the person
having care and control of the vehicle at the time of the alleged infraction; or
13.0 Penalties
13.1 Every person who contravenes any provision of this bylaw is guilty of an offence
and on conviction is liable to a fine as provided for in the Provincial Offences Act R.S.O.
1990, C.p.33.
13.2 All penalties imposed by a judicial official are recoverable under the provisions of
the Provincial Offences Act together with such costs and expenses as are imposed
there under in Schedule 'A' of this bylaw.
13.3 The Administrative Monetary Penalty System Bylaw applies to each administrative
penalty issued pursuant to this Bylaw.
13.4 Each person who contravenes any provision of this Bylaw shall, upon issuance of
a Penalty Notice in accordance with the Administrative Monetary Penalty System Bylaw,
be liable to pay to the Municipality an administrative monetary penalty.
14.0 Severability
14.1 Should any provision, or any part of a provision, of this Bylaw be declared invalid,
or to be of no force and effect, by a court of competent jurisdiction, it is the intent of
Council that such a provision, or part of a provision, shall be severed from this Bylaw,
and every other provision of this Bylaw shall be applied and enforced in accordance
with its terms to the extent possible according to law.
14.2 Bylaw 2012-068 and all its amendments shall be rescinded on the day this bylaw
comes into force and effect.
15.0 Short Title
15.1 The short title of this bylaw shall be the Parking Bylaw.
16.0 Effective Date
16.1 THAT this Bylaw shall come into effect on the day it was passed.
AMENDED, ENACTED AND PASSED IN COUNCIL this 15th day of July 2020.
'Vic A. Bodnar'
'Suzanne Huschilt'
______________________________
________________________________
Vic A. BODNAR, Mayor Suzanne Huschilt, Municipal Clerk
SCHEDULE "A" to Bylaw 2020-009
A Bylaw to Regulate the Traffic and Parking/Stopping of
Vehicles in the
Municipality of Hastings Highlands
Part I - Provincial Offences Act Set Fines
ITEM
COLUMN 1
SHORT FORM
WORDING
COLUMN 2
PROVISION
CREATING
OR DEFINING
OFFENCE
COLUMN 3
SET FINE
1
Leave vehicle where
prohibited
Section 2.1
$90.00
2
Deposit snow on
roadway/road
allowance
Section 8.1
$90.00
3
Deposit any
object(s) on the
roadway/road
allowance
Section 8.2
$125.00
THE PENALTY PROVISION FOR THE OFFENCES CITED ABOVE IS SECTION 13.1
OF BYLAW NUMBER 2020-009, A CERTIFIED OF WHICH HAS BEEN FILED.