This is the exact embedded text of the captured official document.
Snapshot 630bd2e354f1 · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the Township of Hornepayne
By-Law No. 2002
Being a By-Law to regulate traffic
and parking on highways, private
property, and Municipal property
within the Township of Hornepayne
WHEREAS pursuant to the Municipal Act, 2001 and the Highway Traffic Act,
R.S.O. 1990, By-Laws may be passed by the Councils of municipalities to
regulate traffic and parking on highways, private property and municipal
property; and,
WHEREAS the Section 10 of the Municipal Act 2001, S.O. 2001, Chapter 25,
provides that a single-tier municipality may pass By-Laws respecting the health,
safety and well-being of persons;
NOW BE IT THEREFORE ENACTED by the Corporation of the Township of
Hornepayne:
1. DEFINITIONS
Authorized Emergency Vehicle shall include vehicles of the Fire
Department, Ontario Provincial Police, Ambulances, any other emergency
vehicles of the Federal or Provincial Government, Municipal Government
and/or Public or Private Utilities.
Authorized Sign shall mean any sign or other device placed or erected on a
highway under the authority of the By-Law for the purposes of regulating,
warning or guiding traffic and includes official signs.
Boulevard shall mean the part of the highway situated between the
roadway and the property lines of the lots abutting the highway and includes
a shoulder but does not include a sidewalk, if any.
Bus Stop shall mean the portion of the highway designated by an
authorized sign for the use of buses as space for loading or unloading
passengers only.
By-Law Enforcement Officer shall mean a person appointed by council to
enforce the By-laws.
Commercial Motor Vehicle shall mean a motor vehicle having permanently
attached thereto a truck or delivery body and includes ambulances, hearses,
casket wagons, fire apparatus, buses, tractors, and any heavy equipment,
including but not limited to graders used for hauling purposes on highways.
Corporation shall mean The Corporation of the Township of Hornepayne.
Council shall mean the Council of the Corporation of the Township of
Hornepayne.
Crosswalk shall mean the part of the highway at an intersection that is
included within the connection of the lateral lines of the sidewalks on
opposite sides of the highway measured from the curbs or, on the absence
of curbs, from the edges of the roadway; or 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.
Disabled parking space shall refer to a parking space designated under
this By-Law for the exclusive use of a vehicle displaying a permit in
accordance with the requirements of the Highway Traffic Act and regulations
made thereunder and this By-Law.
Driver shall mean a person who drives a vehicle on a highway.
Page 2 of 12
By-Law No. 2002
Parking By-Law
Highway shall include a common and public highway, street, avenue, lane,
parkway, driveway, laneway, square, place, bridge, viaduct, or trestle,
designed and intended for, or used by the general public for the passage of
vehicles.
Highway Traffic Act shall mean the Highway Traffic Act, R.S.O. 1990,
Chapter H.8, as amended, and regulations thereto.
Intersection shall mean 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.
Lane shall mean the entire width of the roadway surface between property
lines at the rear or sides of places of business or residential properties.
Median Strip shall mean the 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 a raised or depressed paved or unpaved
separation area that is not intended to allow crossing vehicular movement.
Motor Vehicle shall mean an automobile, motorized snow vehicle,
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 streetcar, or other motor vehicles running only
upon rails, traction engine, farm tractor, self-propelled implement of
husbandry or road-building machine with the meaning of the Highway Traffic
Act.
Municipality shall mean the Township of Hornepayne.
Official Sign shall mean a sign approved by the Ministry of Transportation.
"One-Way Street" means a highway upon which vehicular traffic is limited
to movement in one direction.
Park or Parking when prohibited, shall mean 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.
Pedestrian shall mean any person afoot, in wheelchair or a child in a
carriage.
Person shall include every natural person, firm, partnership, association, or
corporation.
Police Officer shall mean a sworn member of the Ontario Provincial Police.
Provincial Offences Act shall mean the Provincial Offences Act, R.S.O.
1990, Chapter P.33, as amended, and regulations thereto.
Public Works Manager shall mean the Manager of the Public Works
Department for the Township of Hornepayne, or their designate.
Registered Gross Weight shall mean the registered gross weight of a
vehicle as indicated on the vehicle registration.
Roadway or Road shall mean the 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.
Page 3 of 12
By-Law No. 2002
Parking By-Law
Safety Zone shall mean the area or space set apart within a roadway for the
exclusive use of pedestrians which is protected, or is so marked or indicated
by adequate signs, as to be plainly visible at all times while set apart as a
safety zone.
Sidewalks shall mean a part or strip of land paved or otherwise, in, on or
alongside a highway and designed and intended for, or used by, the general
public for pedestrian travel. "Sidewalk" includes any structure above or
below the ground designed or intended for the use of pedestrians even if
said structure is wholly or partially above or below a highway.
Stand or Standing when prohibited, shall mean the halting of a vehicle,
whether occupied or not, except for the purpose of, and while actually
engaged in, receiving, or discharging passengers.
Stop or Stopping when prohibited, shall mean 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 police
officer or of a traffic control sign or signal.
Through Highway shall mean a highway or part of a highway designated as
such by the Ministry of Transportation or by By-Law of a municipality, and
every such highway shall be marked by a stop sign or yield right-of-way sign
in compliance with the regulations of the Ministry.
Traffic Control Device shall mean any sign, signal light traffic control
system, traffic signal, marking, or device placed or erected by the authority
of Council for the purpose of regulating, warning, or guiding traffic.
Traffic shall include pedestrians, ridden or herded animals, vehicles, buses
and other conveyances, either singly or together while using any highway for
the purpose of travel.
U-Turn shall mean to turn a vehicle within a roadway so as to proceed in the
opposite direction to the direction in which the said vehicle was proceeding
immediately prior to the said turn.
Vehicle(s) shall include a motor vehicle, motorized snow 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 streetcar.
2. REGULATIONS
2.1. AUTHORIZED SIGNS AND TRAFFIC CONTROL DEVICES
a) The Public Works Manager or Authorized Designate, is hereby
authorized to place or erect, and to maintain such authorized
signs and traffic control provisions of this By-Law or as are
required to warn or guide traffic for the safety or convenience of
the public.
b) Unless otherwise permitted herein, no person shall place,
maintain or display upon, or in view of any highway, any sign,
signal, marking or device which purports to be, or is an imitation of
or resembles, or interferes with the effectiveness of, any
authorized sign or traffic control device; no person shall place,
maintain or display any structure or item which conceals from view
or interferes with the effectiveness of an authorized sign or traffic
control device.
Page 4 of 12
By-Law No. 2002
Parking By-Law
2.2. OBEDIENCE TO TRAFFIC REGULATIONS
a) Enforcement
i. This By-Law shall be enforced by Police Officers, Municipal
Law Enforcement Officers, the Public Works Manager, or other
individuals duly appointed by the Township of Hornepayne to
enforce this By-Law.
ii. Every person shall promptly obey all signals given either by a
Police Officer, Enforcement Officer Public Works Manager or
by a traffic control device or traffic signal.
2.3. PARKING AND STOPPING
a) Parallel
i. No person shall park a vehicle on any street unless on the
right hand side of the street, having regard for the direction in
which the vehicle had been proceeding and unless the right
front and right rear wheels or runners of the vehicle are parallel
to and distant respectively not more than fifteen centimetres
(15 cm.) from the edge of the roadway, provided that this
provision shall not apply where angle parking is specifically
authorized by By-Law.
ii. Where there is no curb or rolled curb, with the right front and
right rear wheels parallel to and as near to the right-hand limit
of the highway a is practical without stopping or parking on a
sidewalk, footpath or on any part of the highway where grass
is grown, or which is not intended for the use of vehicles.
iii. Double parallel parking is not permitted on any street.
b) Angle
i. Where angle parking is permitted, no person shall park a
vehicle except at an angle with the roadway, indicated by
appropriate marking or signs.
ii. Where angle parking is permitted, no person shall park a
vehicle of an overall length of more than six meters (6m).
c) Parking in Roadway
No person shall park any vehicle on the travelled portion of any
roadway, street, or highway in such a manner as to obstruct or
interfere with the ordinary movement of traffic having regard to
traffic requirements on such street, road, or highway.
d) Obstructing Driveway
No person shall park a vehicle in such a manner and such location
as to obstruct the entrance to any business, office building, a
private lane or driveway, opposite the entrance to any hospital at
any time or in front of the entrance to any public place.
e) Obstructing Laneway
No person shall park a vehicle in any manner or at any location so
as to obstruct the entrance to a public laneway, or to obstruct any
laneway in the Township of Hornepayne, or in such a manner as
to prevent the regular flow of traffic through a laneway.
f) Obstructing Another Vehicle
No person shall park a vehicle in any manner as to obstruct or
prevent the removal of any other vehicle previously parked.
Page 5 of 12
By-Law No. 2002
Parking By-Law
g) Obstructing Fire Hydrant
No person shall park a vehicle within three (3) meters of the
nearest fire hydrant.
h) Too Close to an Intersection
No person shall park a vehicle within ten (10) meters of any
intersection within the Township of Hornepayne.
i) Parking on Sidewalk
No person shall park any vehicle such that any portion of the
vehicle is situated on any sidewalk reserved for pedestrian traffic
within the Township of Hornepayne.
j) Parking in "NO PARKING" Area
No person shall park a vehicle at any time on any streets or
highways or any parts of streets or highways where signs or
notices have been posted or are on display prohibiting parking on
such streets or parts of streets.
k) Parking at Restricted Times
No person shall park a vehicle during specified prohibited times on
any streets or highways or any parts of streets or highways where
signs or notices have been posted or are on display indicating the
times and areas when and where parking is prohibited or
restricted.
l) Interfere/Obstruct Snow Removal/Road Maintenance/ Winter
Parking
No person shall park a vehicle in any location or manner which shall
obstruct, hinder, or prevent, in any way, snow ploughing or snow
removal operations on any street or highway or any Municipal
Parking Lot during the months of November, December, January,
February, March and April of each and every year.
m) School Bus Loading Zone
No person shall park a vehicle during specified prohibited times on
those designated streets or highway or any parts of streets or
highways where signs or notices have been posted or are on
display prohibiting parking on such streets or parts of streets or
the times and areas when and where parking is prohibited or
restricted.
n) Fire Hall Parking
No person shall stop or park a vehicle within the entranceway of
the Fire Hall, thus, blocking or obstructing the operations of the
Fire Hall.
o) Taxicab and Other Transporting Services
The driver of a taxi-cab or other transporting service shall not
stand or park upon any street unless designated respectively,
whether occupied or not, except when standing temporarily for the
purpose of, and while actually engaged in loading or unloading
merchandise, passengers and shall include standing or stopping
of a taxicab while soliciting passengers, or awaiting instructions
for, or a call for passengers by solicitation in person, or by
instruction from other communication devices.
Page 6 of 12
By-Law No. 2002
Parking By-Law
p) Emergency Parking
Notwithstanding any provision contained in this By-Law, the Public
Works Manager, or authorized designate, may during any
emergency or special circumstance deemed sufficient therefore,
by the use of appropriate signs, barriers, or obstructions or
signals, suspend any or all parking located in that area by erecting
such notices or barricades or affixing "No Parking" in locations that
will be made visible to the public.
q) Accessible Parking Spaces
When an authorized sign identifying an accessible parking space
has been erected, no person shall park or stop a vehicle or allow a
vehicle to remain parked or stopped in a public parking area in a
parking space reserved for the disabled unless a valid disabled
permit is displayed on the dashboard of the vehicle or license
plates issued for the disabled are properly attached to the front
and/or rear of the vehicle.
r) Parking in Reserved Parking Spaces, Not including
Accessible Parking Space
No person shall park a vehicle in a parking space where such
space has been designated and clearly identified as temporarily
reserved for the use for the specified reservation pursuant to this
By-Law.
s) Parking at Crosswalk
When an authorized sign identifying a crosswalk has been erected
no person shall park a vehicle within ten (10) meters of a
crosswalk that is not located at an intersection within the
Township of Hornepayne.
t) Churches, Funerals, Marriage, and Other Special Ceremonies
Locations where services and special ceremonies are being held
are granted the authority to place signs in a manner approved by
the By-Law Enforcement Officer, Public Works Manager or other
authorized designate, indicating that parking is temporarily
prohibited in the parking spaces so marked, except for those
attending such services and special ceremonies during a period of
180 minutes commencing in advance of the scheduled time of any
service and/or special ceremony and ending immediately following
the completion of the said event.
2.4. OPERATIONS OF VEHICLES
a) Turns
i. Every person in charge of a vehicle before starting, stopping,
turning, or changing its course shall take the necessary
precautions to make such movements safely and without
interfering with other traffic.
ii. When angle parking is permitted, no person shall make entry
to an angled parking space of forty-five (45) degrees or less
except from the lane of the highway immediately adjacent to
the said angled parking space, having regard for the direction
in which the vehicle has been travelling.
iii. Where angle parking is permitted, no person shall emerge
from an angled parking space of forty-five (45) degrees or less
unless the vehicle proceeds in the same forward direction in
which it was travelling on entering the parking space.
Page 7 of 12
By-Law No. 2002
Parking By-Law
b) Obstructing Traffic
i. No person shall drive any vehicle upon or along any highway
so as to obstruct traffic unreasonably or when the vehicle is so
overloaded that the horse or motor power is unable to move
such vehicle at a reasonable rate of speed.
ii. A person operating a slow-moving vehicle shall operate it as
near the right-hand edge of the roadway as circumstances,
safety and weather conditions permit.
c) Entering Highway
The driver or operator of a vehicle emerging from a driveway,
lane, lot, or building shall stop the vehicle immediately prior to
driving onto the sidewalk of any and shall not enter the
roadway until it can be done safely.
d) Funeral and Other Processions
i. No person shall interrupt a funeral or other properly authorized
procession while it is in motion except under the direction of a
police officer.
ii. The driver of the vehicle in a funeral or other procession shall
drive as near to the right-hand edge of the roadway as
practicable and follow the vehicle ahead as close as
practicable and safe.
e) Parks and Recreation Areas
i. All motorized vehicles, including motorized snow vehicles are
prohibited from being upon, or being used, drawn, hauled,
propelled along or upon, or being in any park, park-lot, garden,
or other place set apart for ornament, embellishment or for
public recreation; vehicles used or authorized to be used by
the Township of Hornepayne for work within these areas and
emergency vehicles are exempted from this prohibition.
ii. Exemptions include established snowmobile trails as outlined
in the most current Memorandum of Understanding with the
Hornepayne Snowmobile Club, By-Law No. 1822 or its
successor.
f) Excess Loads
i. No person shall move or permit to move over a municipal
highway any heavy vehicle, load, object, or structure in excess
of the dimensions and weight limits set out in Part VII or Part
VIII of the Highway Traffic Act, unless the person has made
written application to the Township of Hornepayne and has
been granted a permit by the Township of the Hornepayne as
set out in Section 110 of the Highway Traffic Act.
ii. All permits issued under this Section shall be issued by the
Public Works Manager or authorized designate.
iii. The issuance of a permit under this Section does not limit the
liability of the owner, driver, operator, or mover of any vehicle
for which a permit is obtained, from responsibility for all
damages which may be caused to the highway by reason of
driving, operating or moving of any such vehicles, object or
contrivance.
Page 8 of 12
By-Law No. 2002
Parking By-Law
iv. Prior to the issuance of a permit, the CAO/Clerk or designate
may require an applicant to file one or more bonds in such an
amount as in the opinion of the CAO/Clerk or designate is
sufficient to cover the cost of repairing any possible damage to
the highway resulting from the move.
v. Every person to whom a permit has been issued under this
Section who operates or permits the operation of a vehicle or
combination of vehicle contrary to any condition of such permit
is guilty of an offence and on summary conviction is subject to
the penalties prescribed under Section 110 (7) of the Highway
Traffic Act.
vi. The provisions of Section 110 of the Highway Traffic Act shall
extend and apply to all highways under the jurisdiction of The
Corporation of the Township of Hornepayne during the period
commencing on the first day of January to an including the
thirty-first day of December in each and every year.
g) Reduced Loads
When properly worded signs have been erected and are on
display, the provisions of Section 122 of the Highway Traffic
Act are declared to be in force in respect of all highways.
h) Heavy Trucks Prohibited
i. When properly worded signs have been erected and on
display, no person shall drive or cause to be driven any heavy
truck on any street or part of street in the Township of
Hornepayne.
ii. This section shall not apply where it is necessary to deviate
from the streets for the purpose of performing a service on a
street or part of a street or on land abutting on such street or
part of a street for the purpose of proceeding to or from a
garage or other premises for the housing, storing or repairing
of the heavy trucks.
iii. This section shall not apply to vehicles engaged in works
undertaken for or on behalf of the Township of Hornepayne
and vehicles needed for general deliveries when engaged in
the course of duties.
iv. Every deviation referred to in this section shall be made at a
point on one of the streets nearest by to the street to the place
where the service is performed or the heavy truck is housed,
stored, or repaired.
i) Safety Zones
i. No person shall board or alight from any vehicle while such
vehicle is in motion.
ii. No person shall drive a vehicle over or upon any safety zone
while a pedestrian is thereon or is about to enter thereon.
2.5. PENALTIES
Every person that contravenes any of the provisions of this By-
Law is guilty of an offence and, on conviction, is liable to a fine as
provided for in Section 61 of the Provincial Offences Act.
Page 9 of 12
By-Law No. 2002
Parking By-Law
2.6. FINES
a) When a vehicle is found parked, standing, or stopped in
contravention of a provision of this By-Law, the By-Law Officer, or
other specified designate so finding the vehicle may complete and
place upon or attach to the vehicle a Parking Infraction Notice
(PIN) in the form of a serial numbered notice stating:
i.
The licence number of the vehicle;
ii.
A description of the offence;
iii.
The date, time, and location of the alleged offence;
iv.
The signature of the issuing Officer;
v.
The set fine for the alleged offence;
vi.
That the owner or driver thereof may make a voluntary
payment in the manner set forth or, within (15) days of
the infraction, either pay the set fine or plead "not
guilty", in which latter event, a trial will be held.
vii.
That if the owner of a driver fails to make the voluntary
payment, pay the set fine or plead "not guilty", a
conviction may be registered under Part II of the
Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as
amended;
viii.
The address for payment of the voluntary payment or
set fine.
b) The notice shall be completed in duplicate, (PIN and certificate of
parking infraction) and the By-Law Officer or designate shall
attach one (1) copy (the PIN) to the vehicle and deliver the copy to
the Corporation's township offices.
2.7. PAYMENT OUT OF COURT
a) The owner or operator of the vehicle may, with five (5) days,
exclusive of Saturdays, Sundays and holidays, after the time of
the alleged offence, report to the Corporation's township offices
and pay to the Corporation the sum designated on the PIN for
voluntary payment as set forth in Schedule "C" to this By-Law, a
penalty in full satisfaction in respect of the alleged offence, and a
receipt therefor shall be given to the person making the payment.
b) The failure to attach a PIN to or place a PIN upon a vehicle found
in contravention of a provision of this By-Law shall not prejudice
any prosecution for an offence hereunder.
2.8. ILLEGALLY PARKED VEHICLES - OWNER'S LIABILITY
In accordance with Section 428 of the Municipal Act 2001, S.O.
2001, Chapter 25, where a vehicle that is parked, stopped or
standing in contravention of a provision of this By-Law the owner
of a vehicle is guilty of an offence and on conviction is liable to a
fine in the same amount as that to which the driver is liable for so
parking, stopping or leaving such vehicle unless the owner proves
to the satisfaction of the court that at the time of the event the
motor vehicle was in the possession of someone other than the
owner or his chauffeur without the owner's consent, express or
implied.
Page 10 of 12
By-Law No. 2002
Parking By-Law
2.9. REMOVAL OF VEHICLES
In addition to any other penalty or fine levied by reason of a
contravention of this By-Law, the By-Law Officer or other specified
designate may authorize the removal of any vehicle parked in
contravention of this By-Law to the Public Works compound
owned by the Corporation of the Township of Hornepayne and all
costs and charges of removal and storage shall be paid by the
owner of the vehicle prior to removal of the vehicle from the Public
Works Compound, and such costs, if any, shall be a lien upon the
vehicle which, may be enforced in the manner provided under the
Highway Traffic Act, R.S.O 1990, Chapter H.8, as amended.
2.10. POWERS OF OFFICER TO REMOVE VEHICLE
Upon discovering a motor vehicle parked or standing in
contravention of any provision of this By-Law, the By-Law Officer
or other specified designate may cause such vehicle to be moved
or taken to and placed or stored in a suitable place (Public Works
compound, owned by the Corporation of the Township of
Hornepayne), and all costs and charges for removing, care and
storage thereof, shall be paid by the owner of the vehicle prior to
removal of the vehicle from the Public Works Compound, and
such costs, if any, are a lien upon the vehicle which may be
enforced in the manner provided for under the Repair and Storage
Liens Act, R.S.O. 1990, Chapter R25.
2.11. HIGHWAY TRAFFIC ACT
The provisions of the Highway Traffic Act, R.S.O. 1990, as
amended shall prevail over the provisions of this By-Law.
3. PARKING FINES
The parking fines shall be in accordance with the Township of
Hornepayne's Comprehensive User Fees & Service Charges By-Law, as
amended from time to time.
The Parking Restrictions attached hereto as Schedule "A" form an integral part
of this By-Law.
The Mayor and CAO/Clerk are hereby authorized to sign and affix the corporate
seal for, and on behalf of, the Corporation to any and all documents necessary
to give force and effect to this By-Law.
This By-Law comes into force and takes effect upon passage.
By-Law No. 1827 is hereby repealed.
Read a first and second time this 17th day of May 2023.
Read a third time and finally passed this 17th day of May 2023.
Presiding Officer
Clerk
Cheryl Fort (Jun 7, 2023 08:57 EDT)
Aileen Singh (Jun 14, 2023 08:12 EDT)
Page 11 of 12
By-Law No. 2002
Parking By-Law
SCHEDULE "A"
TO BY-LAW NO. 2002
PARKING RESTRICTIONS
Parking Restrictions on Specified Roadways
STREET
SIDE
FROM
TO
CONDITIONS
Front Street
West
Third Avenue
Fourth Avenue
2 hour parking restriction
Firman Avenue
Both
Entirety
No Parking at any time
Lane "A"
Both
Entirety
No Parking at any time
Lane "C"
Both
Entirety
No Parking at any time
Lane "D"
Both
Entirety
No Parking at any time
Clerk