Traffic and Parking By-law 2019-113 (consolidated)
Kitchener, Ontario
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BY-LAW NUMBER 2019-113
OF THE
CORPORATION OF THE CITY OF KITCHENER
(A by-law to regulate traffic and parking
on highways under the jurisdiction of the
Corporation of the City of Kitchener.)
The Council of the Corporation of the City of Kitchener ENACTS AS FOLLOWS:-
PART I - SHORT TITLE
This by-law may be cited as the City of Kitchener Traffic and Parking By-law.
PART II - DEFINITIONS
For the purposes of this by-law:
Accessible parking space means a parking space designated under this By-law for the
exclusive use of a vehicle displaying an accessible parking permit;
Authorized Sign means any traffic control device or traffic control signal placed or
erected on a highway under the authority of this by-law for the purpose of regulating,
warning or guiding traffic.
Bicycle includes a tricycle having a wheel or wheels of more than 50 centimetres in
diameter.
Bicycle Lane means a lane on a highway designated by authorized signs, the use of
which is solely for bicycles.
Boulevard means that part of a highway from the edge of the roadway to the nearest
lateral property line, but does not include a shoulder, sidewalk, cycling lane or multi-use
trail;
Bus Stop means that portion of a highway designated by a bus stop sign for the use of
transit buses, as a space for loading and unloading passengers.
By-Law Enforcement Officer means any employee of the Municipality appointed by
Council to enforce or carry out the provisions of this by-law or any part or parts thereof.
Construction Parking Area means an area designated in accordance with Part III 2. b)
of this bylaw.
Construction Parking Permit means a permit issued by the General Manager,
Development Services or designate for the purposes of permitting
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temporary construction related parking pursuant to Part III 2. b) of this bylaw.
Corner means the point of intersection of curb lines.
Council means the Municipal Council of the Corporation of the City of Kitchener.
Cul-de-sac means a highway terminating in a turn-around.
Curb Lines:
a) where a curb has been constructed, means the line of curb; and
b) where no curb has been constructed, means the edge of the roadway.
Designated Provision means any section of this By-law designated in accordance with
Part XXI Section 1(c);
Director, Operations means the Director, Operations - Roads and Traffic in
Infrastructure Services of The Corporation of the City of Kitchener or his or her
designate.
Drive means to drive, move or operate a vehicle.
Driveway means that part of a highway that provides vehicular access to and from the
roadway and an adjacent property.
e-scooter has the same meaning as an "electric kick-scooter" in Ontario Regulation
389/19 of the Highway Traffic Act.
Heavy Truck means a vehicle or combination of vehicles, having a weight when
unloaded of 4.5 metric tonnes (4,500 kilograms or more, but does not include a
passenger vehicle, an ambulance, a transit bus on its assigned route or a vehicle of the
Police or Fire Departments.
Highway Traffic Act means the Highway Traffic Act, R.S.O. 1990, c. H.8 as amended
and regulations made thereunder.
Initial Parking would mean the time when a Bylaw Enforcement Officer enters the
license plate information into his/her handheld device or records the license plate.
Median means that part of a highway that divides a roadway or separates two
roadways within a highway, including any channelizing islands and the central islands
of any roundabouts.
Motor Assisted Vehicle includes a motor-assisted bicycle, E-bike, power-assisted
bicycle, segway, mini-bike, go-cart and any other motor-assisted transportation device
that weighs not more than 55 kilograms and that does not have sufficient power to
enable the transportation device to attain a speed greater than 50 kilometres per hour
on level ground within a distance of 2 kilometres from a standing start, but does not
include a wheelchair;
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Motorized Snow Vehicle means a self-propelled vehicle designed to be driven
primarily on snow.
Municipality means the City of Kitchener.
Multi-Use Trail means that part of a highway with surface improved with asphalt,
concrete or gravel for the use of pedestrians and non-motorized vehicles.
Neighbourhood Bikeways means a shared roadway that has been identified as a
preferred cycling route through measures such as sharrows, signage, reduced speed
limits, traffic diversion and/or traffic calming.
One Way Street means a highway upon which vehicular traffic is limited to movement in
one direction.
O. Reg. 333/07 means Ontario Regulation 333/07, made under the Municipal Act, 2001,
S.O. 2001, c. 25, as amended from time to time or any successor thereof;
Parking Administrative Penalty By-law means By-law No. 2019-039 of the City, as
amended from time to time, or any successor thereof;
Parking Meter means a device that shall indicate thereon the interval of time during
which a vehicle may be parked, and which shall have a receptacle for receiving
payment, and which shall also indicate when said interval of time shall have elapsed.
Parking Space means that part of the roadway, the use of which is designated for the
purpose of parking a vehicle.
Pedestrian means any person afoot, any person in a wheelchair, any child in a
wheeled carriage, and any person riding a non-motorized bicycle with wheels less than
50 centimetres in diameter.
Police Officer means an employee of the Waterloo Regional Police Service who is
appointed as a peace officer pursuant to the Police Services Act.
Reparking means parking the same vehicle within 5 hours of initial parking within a 'no
reparking area' designated by the Municipality.
Reserved Lane means a lane within a highway reserved under this by-law exclusively
for use by horse-drawn vehicles, buses or other specific classes or types of
vehicles.
Residential Visitor Parking Permit means a valid permit issued by the Municipality that
allows the user thereof to park in designated Permit Only Parking areas.
Roundabout means a form of intersection which accommodates traffic flow in a circular
direction around a central island.
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School Bus means a bus that,
a) is painted chrome yellow, and
b) displays on the front and rear thereof the words "school bus" and on the rear
thereof the words "do not pass when signals flashing".
School Crossing means:
a) any portion of a highway at or near an intersection described in Schedule '20'
of this by-law distinctly indicated for pedestrian crossing by lines or other
markings on the surface of the roadway; or
b) any portion of a highway distinctly indicated for pedestrian crossing by school
crossing signs and lines or other markings on the surface of the roadway.
School Frontage means the areas of a highway abutting the property of a school.
School Purpose Vehicle means a vehicle that a school board has contracted to
transport one or more students, including but not limited to a school bus.
School Zone means the areas of a highway abutting the property of a school and
includes 150 metres along the highway in either direction beyond the boundary of land
used for the purposes of the school, as designated in Schedule 28.
Shared roadway- means a roadway where both cyclist and motorist share the same
vehicular travel lane.
Sharrow - means a marking consisting of two chevron symbols and a bicycle stencil on
a shared roadway.
Shoulder means that portion of the highway lying adjacent to the roadway which is
improved with granular or paved surface and is not intended for the passage of
motor vehicles.
Sidewalk means that portion of a highway between the curb line and the property line
of the lot abutting the highway improved for the use of pedestrians.
Snow Event means a period of time during which the Director, Operations - Roads and
Traffic, or his or her delegate, declares that he or she anticipates a snow fall or
accumulation which is likely to require extensive snow ploughing, snow clearing, or
snow removal operations. A snow event shall end 24 hours later unless cancelled or
extended by the Director, Operations - Roads and Traffic in accordance with the
provisions of this by-law.
Special Event means an event designated as a special event for the period of time
and within the geographic area identified in a by-law passed by Council.
(Amended: By-Law 2015-039)
Time means whenever certain hours are named herein, Standard Time or Daylight
Saving Time, whichever shall be in general use in the Municipality.
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Traffic Control Device means a sign, marking or other device on a highway for the
purpose of controlling, guiding or directing traffic.
Traffic Control Signal means any device, manually, electrically or mechanically
operated, for the regulation of traffic.
Traffic Island means a central island located within a cul-de-sac.
Unlicensed Vehicle means a motor vehicle that does not have a current validation
sticker visibly affixed to its licence plate.
Wheelchair means a chair mounted on wheels driven by muscular or any other kind of
power and used for the carriage of a person who has a physical defect or disability.
PART III - ENFORCEMENT AND AUTHORITY
1.
Enforcement-Deleted
(Amended: By-Law 2008-134)
2.
Authority To Install Signs
a) The Director, Transportation Services or designate is hereby authorized to
place, erect and maintain or cause to be placed, erected and maintained
such traffic control devices and traffic control signs that are required to
give effect to the provisions of this by-law and/or which are authorized by
the Schedules to this by-law.
b) The Director, Transportation Services or designate, notwithstanding the
other provisions of this By-law, is further authorized for the duration of the
situation to place, erect or maintain such traffic control devices, including
signs, and traffic control signals that are not authorized by this by-law but
are required for safety, construction and/or emergency reasons.
c) Unless otherwise permitted, no person shall place, maintain or display
upon any highway any sign, signal, marking or device which purports to be
or is an imitation of or resembles any traffic control device or traffic control
signal, without prior approval of the Director, Transportation Services or
designate.
d) The Director, Transportation Services is authorized to issue Oversize
Load Permits for use of a municipal road by a vehicle or combination of
vehicles in excess of the dimension and weight limits set out in the
Highway Traffic Act.
3.
Scope
All provisions of this by-law are applicable to highways or parts of highways
under the jurisdiction of the Municipality.
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PART IV - GENERAL
1.
Operation of Vehicles
a)
Driving On a Boulevard, Sidewalk or Multi-Use Trail
(i) No person shall drive a motor vehicle or a motor-assisted vehicle
on any boulevard, sidewalk or multi-use trail except at a
driveway.
(ii) No person shall ride a bicycle on any boulevard or sidewalk except
at a driveway.
(iii) No person shall drive a motorized snow vehicle on any sidewalk or
multi-use trail or on any boulevard beside a sidewalk or multi-use
trail.
(iv) Skateboarders, Scooter users and Rollerbladers using the sidewalk,
multi-use trail, or boulevard must yield right-of-way to pedestrians..
b)
Closed Highways
No person shall drive or park a vehicle except an emergency vehicle or a
vehicle authorized by the General Manager, Development Services
Division or designate or by a Police Officer through or enter upon any
highway, or part thereof, that is roped or barricaded or marked by
authorized signs prohibiting its use.
c)
Newly Painted Lines
No person shall drive, or attempt to drive, on or over or tamper with or
walk on any newly painted line or series of lines on any roadway or
shoulder when the presence of such is indicated by signs, markers,
electric lanterns or otherwise.
d)
Blocking Intersection
A driver or operator of a vehicle approaching a green traffic control signal
at an intersection shall not enter the intersection unless traffic in front is
moving in a manner that would reasonably lead to the belief that the
vehicle can be cleared of the intersection before the traffic control signal
turns red. This prohibition, however, does not apply to the driver or
operator of a vehicle who enters an intersection for the purpose of turning
to the right or left onto an intersecting roadway and signals his intention to
make such turn prior to entering the intersection.
e)
Roundabouts
No person shall drive any vehicle or animal in a roundabout other than in
a counter clockwise direction.
2.
Pedestrians and Cyclists
a) Games or Sports
Unless allowed under a permit granted by the Municipality, no person shall
play or take part in any game or sport upon a highway, including the
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placement or storage of sports equipment upon a highway.
b)
The Use of Transportation Devices
Unless allowed under a permit granted by the Municipality, no person
riding in or by means of any skateboard, coaster, toy vehicle or similar
transportation device shall go upon a roadway except for the purpose of
crossing the roadway and when so crossing such person shall have the
rights and be subject to the obligations of a pedestrian pursuant to the
Highway Traffic Act.
c)
Parking a Bicycle
(i) Unless otherwise permitted in this By-law, no person shall park a
bicycle on any roadway or shoulder.
(ii) No person shall park a bicycle on any highway except in an upright
position.
d)
The Use of Sidewalks
All pedestrians shall utilize sidewalks whenever they are provided
adjacent to a roadway.
e)
The Use of Roller Skates
Unless allowed under a permit granted by the Municipality, no person
upon roller skates, roller blades or similar footwear shall go upon a
roadway except for the purpose of crossing the roadway and when so
crossing such person shall have the rights and be subject to the
obligations of a pedestrian.
f)
Obstructing a Sidewalk
No person shall obstruct or impede pedestrians on a sidewalk or multi-use
trail unless otherwise permitted by the Municipality.
g)
E-Scooters
1) a) Subject to subsection b) of this section, a person is permitted to
operate an e-scooter on the following portions of a highway:
i.
A Multi-use Trail;
ii.
A Bicycle Lane;
iii.
A Reserved Lane
iv.
The shoulder of a highway with a posted rate of speed of 50
kilometers per hour or less if the highway has no Bicycle
Lane or Reserved Lane; and
v.
The roadway of a highway with a posted rate of speed of 50
kilometers per hours or less if the highway has no Bicycle
Lane, Reserved Lane or shoulder
b) Subsection a) of this section shall not apply if an authorized sign is
posted on a Multi-use Trail, Bicycle Lane, Reserved Lane, shoulder or
roadway that e-scooters are not permitted.
2) Where Bicycle Lanes and Reserved Lanes are not provided on a
highway with a posted rate of speed of 50 kilometers per hours or less, the
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operator of an e-scooter shall:
a) if there is a shoulder on the highway, stay on the shoulder as close to
the right edge of the shoulder as possible; and
b) if there is no shoulder on the highway, stay on the right side of the
roadway as close to the edge of the roadway as possible.
3) No person shall:
a) operate an e-scooter on a highway except in compliance with Part IV
Section 2 subsection g) 1);
b) operate an e-scooter on a highway without wearing a helmet and chin
strap;
c) operate an e-scooter on a sidewalk except to cross;
d) operate an e-scooter on a Multi-use Trail at a speed that is markedly
greater than the speed of the pedestrians who are proximate to the e-
scooter;
e) operate an e-scooter at a bus stop, transit station or light rail transit
platform that is on or adjacent to a highway;
f) operate, stop or leave an e-scooter on any railway track, light rail transit
track or other area designated with an authorized sign or marking for light
rail transit vehicles;
g) leave an e-scooter in a location on a highway, including a sidewalk, that
is intended for the passage of vehicles or pedestrians;
h) operate an e-scooter on any section of a Multi-use Trail, Bicycle Lane,
Reserved Lane, or roadway that is unpaved and/or closed for
maintenance, construction, or emergency reasons; or
i) use an e-scooter for commercial use unless authorized by the Director,
Transportation Services or designate.
4) The operator of an e-scooter shall:
a) keep a safe distance from pedestrians and other users of the highway
where the e-scooter is permitted pursuant to Part IV Section 2
subsection g) 1) at all times; and
b) give way to a pedestrian or bicycle by slowing or stopping, as
necessary, where there is insufficient space for the pedestrian or bicycle
and the e-scooter to pass.
3.
Animals
a)
Riding on a Boulevard, Sidewalk or Multi-Use Trail
No person shall ride, drive, lead or back any animal, except household
pets, within, across or along any sidewalk, boulevard or multi-use trail
except on a driveway.
b)
Attendance While In Motion
No person shall drive an animal drawn vehicle on a highway unless he or
she remains upon the vehicle while it is in motion or walks beside the
animal drawing it.
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c)
Parking
No person shall leave a carriage, cart, wagon, sleigh or sled drawn by an
animal on a highway without the animal drawing it.
4.
Objects on Roadway
Unless otherwise authorized, no person shall place or store any object or
accumulation of material, including snow or ice, upon a roadway.
PART V - PARKING AND STOPPING RESTRICTIONS
1.
Permit Only Parking
a)
When authorized signs have been erected and are on display, no person
shall park a vehicle in any Permit Only Parking Area listed in Schedule '7'
to this by-law, unless the vehicle visibly displays a valid Residential
Visitor Parking Permit affixed to the inside rear view mirror or dashboard
of the vehicle.
b)
Use of any Residential Visitor Parking Permit is subject to Part V,
sections 3.a)(xiii) and 3.a)(xiv) of this By-law and such permit shall not in
any way be construed to grant permission to park for longer than three
(3) consecutive hours, park during the time period of 2:30 am to 6:00 am
from December 1st to March 31st of each year, or violate any provision of
this by-law.
c)
Occupants of single family dwellings located in the area set out in
Schedule '8' to this by-law may apply for and will be entitled to two (2)
Residential Visitor Parking Permits per household.
d)
Owner of apartment buildings:
(i)
located adjacent to any section of roadway or roadways set out in
Schedule '8' of this by-law, and
(ii)
demonstrating legal non-conforming use status to the satisfaction of
the Corporation of the City of Kitchener that allows them to provide
less parking than required by the City of Kitchener Zoning By-law
85-1 as amended;
may apply for and will be entitled per property on which an apartment
building or buildings is/are situated to a number of Residential Visitor
Parking Permits equal to the difference between the number of on-site
parking spaces at the apartment building and the amount of parking
spaces that would be required by the City of Kitchener Zoning By-law 85-1
as amended if the building did not have the above-mentioned legal non-
conforming use status.
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2. Method of Parking or Stopping
a)
General
Unless otherwise prohibited or permitted in this by-law, no person shall
park or stop a vehicle on any roadway except on the right side of the
roadway, having regard to the direction in which the vehicle has been
travelling with the right front and right rear wheels or runners not more
than 0.15 meters from the curb line.
b)
Parking On One Way Streets
Where parking is permitted on either side or both sides of a one way
street, no person shall park a vehicle except in the direction it was
permitted to proceed parallel to and not to exceed a distance of 0.15
metres from the curb line.
c)
Angle Parking
Where angle parking is permitted, no person shall park a vehicle except at
the angle with the roadway indicated by markings and/or signs, and so
that the front end of the vehicle is nearest to the edge of the roadway.
d)
Boulevard
Where boulevard parking is permitted, no person shall park a vehicle on
the abutting roadway or any part thereof.
e)
Parking Spaces
Where parking spaces are designated on a roadway, no person shall park
a vehicle in such a manner as to infringe upon or take up more than one
parking space unless the vehicle cannot be accommodated in one parking
space.
3.
Parking Prohibited
a)
General
Unless otherwise permitted in this by-law, no person shall at any time park
a vehicle on any highway:
(i)
On or overhanging the curb line;
(ii)
On or overhanging any boulevard, sidewalk or multi-use trail;
(iii)
Within an intersection, including a roundabout;
(iv)
Within 3 metres of a point on the curb or edge of the roadway nearest any
fire hydrant;
(v)
Within 15 metres of the nearest rail of a level railway crossing;
(vi)
Within 9 metres of an intersecting roadway;
(vii)
Reserved;
(viii)
In front of or within 1.5 metres of the entrance to a driveway or so as to
prevent ingress to or egress from such driveway;
(ix)
Reserved;
(x)
In such a manner as to obstruct a crosswalk;
(xi)
In such a manner as to obstruct traffic;
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(xii)
Reserved;
(xiii)
For a longer period of time than 3 consecutive hours unless displaying a
valid Construction Parking Permit;
(xiv)
Between the hours of 2:30 a.m. and 6:00 a.m. on any day between
December 1st through to March 31st of each year, both dates inclusive;
(xv)
For the purpose of repairing, washing or maintenance of a vehicle, save
when such use of the highway is unavoidable through emergency;
(xvi)
For the purpose of soliciting, vending, buying or selling goods and/or
services, loading or unloading, or otherwise conduct business of any kind,
unless otherwise permitted by by-law;
(xvii) within 30 metres on the approach or 15 metres on the departure side of a
bus stop or light rail transit station or stop;
(xviii) Within a reserved lane during the hours and days that the reserved lane is
in effect;
(xix)
If such vehicle is a transit bus, except at a bus stop or at a location where
the transit bus is waiting for charter or emergency passengers;
(xx)
If such vehicle is a school bus, except within a school bus loading zone;
(xxi)
If such vehicle is a heavy truck;
(xxii) If such vehicle is a trailer more than 10 metres in length;
(xxiii) If such vehicle is an unlicensed vehicle;
(xxiv) If such vehicle is leaking gasoline, engine oil or any other vehicle fluids; or
(xxv) On, or in such a manner as to obstruct any designated bicycle lane,
provided that this shall not prohibit a momentary stopping of transit buses
at signs marking a bus stop, taxis while actively engaged in receiving or
discharging passengers, or other motor vehicles while actively engaged in
receiving or discharging passengers.
b)
Emergency Prohibition Of Parking
Despite Parts V and VI of this by-law and anything in Schedules 1, 2, 3, 4,
5, 6, 7, 8, and 9, when authorized signs are on display, no person shall
park on any highway during any emergency. For this purpose,
"emergency" includes, but is not limited to, a fire, flood or other natural
disaster, snow loading or clearing, road repairs or maintenance work of
a public utility and any circumstance in which Section 134 of the Highway
Traffic Act applies.
(Amended: By-Law 2008-170)
c)
Construction Parking
Notwithstanding any other provisions of this bylaw, no person shall park a
vehicle in a Construction Parking Area unless displaying a valid permit
which is readily visible from the outside of the vehicle.
d)
Snow Event
No person shall park a vehicle on any highway within the
Municipality during a Snow Event.
(Amended: By-Law 2008-170)
e)
Public Notice of Snow Event
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The Director, Operations - Roads and Traffic, or his or her designate
shall ensure that notice to the public of a Snow Event or an
extension thereof is given in at least two of the following means:
(i)
the issuance of a media advisory;
(ii) posting notification on the City's internet site; or
(iii) any other means of giving notice that has a reasonable likelihood of
coming to the attention of persons who are affected.
(Amended: By-Law 2008-170)
4.
No Parking
a)
Where signs establishing a "NO PARKING ZONE" have been erected, no
person shall park a vehicle within such zone except when necessary to
avoid conflict with other traffic or in compliance with a traffic control signal,
sign, device, or the directions of a police officer.
b)
Without limiting the generality of the provisions of Part V Section 4. a) to
this bylaw, authorized signs may be erected prohibiting the parking of a
vehicle on a highway in any of the following places:
(i)
On any of the highways or parts of highways named or described in
Schedule '1' to this by-law, on the side or sides of highways set out,
during the times and/or days set out in the said Schedule;
(ii)
On any public lane;
(iii)
Adjacent to a traffic island;
(iv)
On any highway within 15 metres of the termination of a dead end
highway;
(v)
In front of an emergency entrance to, or exit from a hospital,
theatre, auditorium or other building in which persons may be
expected to congregate in large numbers;
(vi)
Within 30 metres on either side of a point designated as a bus stop;
(vii)
On that side of any highway where the same abuts on the property
of any public park, public playground or school;
(viii)
Within 15 metres on either side of an access to a "Community
Trail";
(ix)
Within 8 metres of any fire hall access on the side of the highway
on which the fire hall is located and/or within 30 metres of such fire
hall access on the opposite side of the highway;
(x)
Within 15 metres of an intersection;
(xi)
Within 30 metres of an intersection controlled by traffic control
signals.
(xii)
Within 15 metres on either side of a traffic calming measure or
seasonal traffic calming measure.
5.
Limited Parking
When authorized signs are on display, no person shall park a vehicle on any
highway named or described in Schedule '2' to this by-law, except on the side or
sides of highways set out therein, during the times and/or days set out therein,
for the length of time set out therein, unless displaying a valid Construction
Parking Permit.
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6.
Angle Parking
When authorized signs are on display, no person shall park a vehicle on any of
the highways or parts of highways named or described in Schedule '3' to this by-
law, on the side or sides of highways set out in the said Schedule, except in
accordance with Part V, Section 2. c) to this by-law.
7.
Stopping Prohibited
Unless otherwise permitted in this by-law, no person shall stop a vehicle on any
highway:
(i)
Within a School Bus Loading Zone;
(ii)
On or adjacent to a median;
(iii)
On, under or within 30 metres of a bridge, elevated structure, tunnel
or underpass;
(iv)
Within a roundabout.
8.
No Stopping
a)
Where signs establishing a "NO STOPPING ZONE" are on display, no
person shall stop a vehicle within such zone other than a transit bus at a
bus stop or a school purpose vehicle within a school bus loading zone.
b)
Without limiting the generality of the provisions of Part V Section 8. a),
authorized signs may be erected prohibiting the stopping of a vehicle on a
highway in any of the following places:
(i)
On any of the highways or parts of highways named or described in
Schedule '4' to this by-law, on the side or sides of highways set out,
during the times and/or days set out in the said Schedule;
(ii)
Within 30 metres of a designated school crossing;
(iii)
On that side of any highway where the same abuts on the property
of any school except School Purpose Vehicles while actually
engaged in loading or unloading passengers;
(iv)
Within 15 metres of a Pedestrian Crossover;
(v)
On the opposite side of any highway adjacent to school property,
between the hours of 8:00 a.m. and 4:30 p.m., from Monday to
Friday inclusive.
9.
Loading Zones
When signs are on display, no person shall stop a vehicle other than a
commercial motor vehicle on any of the highways or parts of highways named or
described in Schedule '5' to this by-law, on the side or sides of highways set out,
during the times and/or days set out in the said Schedule, except that the driver
of a passenger vehicle may temporarily stop in a loading zone for the purpose of
and while actually engaged in loading or unloading passengers and/or
merchandise, provided that such stopping does not interfere with any commercial
motor vehicle entering or exiting such loading zone.
10.
Taxicab Stands
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When authorized signs are on display, no person shall stop a vehicle other than
a taxicab on any of the highways or parts of highways named or described in
Schedule '6' to this by-law, on the side or sides of highways set out in the said
Schedule, except that the driver of a passenger vehicle may temporarily stop in a
taxicab stand for the purpose of and while actually engaged in loading or
unloading passengers, provided that such stopping does not interfere with any
taxicab entering or exiting such taxicab stand.
11.
No Stopping in School Zones
a) No person shall stop a vehicle within a School Zone, as indicated by the
posting of no stopping signs in conjunction with School Zone tab signs,
except when necessary to avoid conflict with other traffic or in compliance
with a traffic control signal, sign, device or the directions of a police officer
other than a transit bus at a bus stop or a school purpose vehicle within a
school bus loading zone.
b) Without limiting the generality of the provisions of Part V Section 11. a) to this
by-law, authorized school zone tab signs in conjunction with no stopping
signs may be erected prohibiting the stopping of a vehicle:
(i)
On that side of any highway where the same abuts on the property
of any school.
(ii)
On the opposite side of any highway adjacent to school property,
between the hours of 8:00 a.m. and 4:30 p.m., from Monday to
Friday inclusive.
(iii)
Within 30 meters on both sides of a school crossing, provided the
school crossing is located on the same highway within 30 meters of
the school property.
12.
Special Event Parking
Notwithstanding anything else in this by-law, during a Special Event no
person shall park or stop a vehicle on any highway:
(a)
On or overhanging any boulevard or sidewalk;
(b)
In front of or within 1.5 metres of the entrance to a driveway or so as
to prevent ingress or egress from such driveway;
(c)
Within 3 metres of a point on the curb or edge of the roadway
nearest any fire hydrant;
(d)
Where signs establishing "No Parking" have been erected;
(e)
Where signs establishing "No Stopping" have been erected;
(f)
Where signs establishing "Emergency - No Parking" have been
erected;
(g)
Where signs establishing "School Bus Loading Zone" have been
erected;
(h)
For a period of time that exceeds the time limit where signs
establishing a time limit have been erected; or
(i)
For a longer period of time than 3 consecutive hours.
(Amended: By-Law 2015-039)
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PART VI - ON-STREET PARKING METERS and PARKING PERMITS
1.
Parking Meter Zones
The highways, parts of highways and sides of highways named or described in
Schedule '9' to this by-law are hereby designated as parking meter zones and
the fee for the use of a metered parking space located in a parking meter zone is
as indicated in the said Schedule. Within a parking meter zone, no person shall:
a. park a vehicle in a parking meter zone between the hours and during the
days set out in Schedule '9', of this by-law except when such days are
holidays, unless the person pays the required fee in the parking meter
provided for the parking space occupied;
b. allow a vehicle to remain parked in a parking space for a period longer
than that for which payment has been made in the form of coins deposited
in the parking meter or meters, provided, however, that this shall not
prevent the driver of a vehicle from using the unexpired time remaining in
the meter or meters from its previous use without depositing a coin
therein.
c. allow a vehicle to remain in a parking space for a period longer than the
maximum length of time for which continuous parking is permitted as
indicated on the parking meter provided for the parking space and as set
out in Schedule '9' of this by-law.
d. deposit or cause to be deposited in any parking meter any slug, device or
other substitute for a coin of the Dominion of Canada or the United States
of America.
e. park a vehicle in a parking meter zone in such a manner that it is not
wholly within an area designated as a parking space and, if the vehicle is
of such length as to prevent it being parked within one space, then the
person parking same shall make the necessary deposit of coins in the
parking meter provided for each parking space occupied. This section
shall not authorize a vehicle to be parked parallel to the curb or edge of
roadway in a location where angle parking only is permitted.
2.
Funeral Services
Churches and funeral parlours within the parking meter zone at which funeral
services are being held are hereby given authority to place signs on parking
meters or otherwise in a manner approved by the Municipality indicating that
parking, except for those attending such service, is temporarily prohibited in the
parking spaces so marked for a period of one hour in advance of the scheduled
time of such service, and during such service, and any persons disobeying the
instructions of said signs shall be considered as violating the provisions of this
Part relating to parking. It shall not be necessary for the owner or driver of a
vehicle parked in connection with such service in the parking spaces so marked
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to deposit any coin during the aforesaid period.
3.
Accessible Parking for Persons with Disabilities
When an authorized sign is on display establishing "accessible parking", no
person shall park or stop a vehicle in an accessible parking space on any
highway named or described in Schedule '27' of this By-law, on the side or sides
of the highway set out therein, other than a vehicle upon which is properly affixed
a valid accessible parking permit that is issued and displayed in accordance with
the Highway Traffic Act and is at the time being used to transport a disabled
person.
4.
Taxicab Stands
a. The Municipality, on the application of a taxicab operator, may designate
parking spaces in a parking meter zone within the Municipality as taxicab
stands and may grant to such operator a license to park taxicabs operated
by that person in such stands.
b. No such taxicab stand shall be greater in length than 16 metres and the
yearly license fee therefore shall be $5.00 per 30 centimetres of curb
space.
c. No person shall park any taxicab in a metered parking space, whether the
prescribed fee for the use thereof is paid or not, for the purpose of
soliciting business.
5.
Collection of Fees
The collection of fees deposited in parking meters within the Municipality shall be
under the control and jurisdiction of the Municipality.
PART VII - TRAFFIC CONTROL SIGNALS
The installation of traffic control signals is hereby authorized at the locations set out in
Schedule '10' to this by-law.
PART VIII - PEDESTRIAN CROSSOVERS
1. Level 1 Pedestrian Crossovers
When an authorized sign establishing "Level 1 pedestrian crossover" is on display on
any highway named or described in schedule 11 of this By-law, any location set out
therein is designated as a Level 1 pedestrian crossover.
2. Level 2 Pedestrian Crossovers
When an authorized sign establishing "Level 2 pedestrian crossover" is on display on
any highway named or described in schedule 11 of this By-law, any location set out
therein is designated as a Level 2 pedestrian crossover.
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Any approach/exit of a roundabout is a Level II Pedestrian Crossover when an
authorized sign is on display.
PART IX - THROUGH HIGHWAYS
The highways or parts of highways named or described in Schedule '12' to this by-law
are designated as "Through Highways" except at intersections thereon where traffic
control signals, an all-way stop control, or a roundabout are in operation.
For all highways or parts of highways designated as a "Through Highway", a stop sign
or a yield sign shall be erected facing approaching traffic on the highways or parts of
highways intersecting the "Through Highway".
PART X - INTERSECTION STOP SIGNS
Stop signs shall be erected at the intersections named or described in Schedule '13' to
this by-law, facing the traffic travelling in the direction specified in the said Schedule.
PART XI - INTERSECTION YIELD SIGNS
1.
Yield signs shall be erected at the intersections named or described in Schedule
'14' to this by-law, facing the traffic travelling in the direction specified in the said
Schedule.
2.
Yield signs shall be erected on each approach to the roundabouts named or
described in Schedule '26' to this By-law.
PART XII - VEHICLE MOVEMENTS
1.
U-Turns
When authorized signs are on display, no person shall operate a vehicle in such
a manner as to make a U-Turn on any of the highways or parts of highways
named or described in Schedule '15' to this by-law.
2.
Prohibited Movement(s)
When authorized signs are on display, no person operating a vehicle on any of
the highways or parts of highways named or described in Schedule '16' to this
by-law, proceeding in the direction or emerging from a property set out, shall
make the movement(s) set out, during the time and/or days set out, in the said
Schedule.
3.
Lane Designation
When authorized signs are on display, a person operating a vehicle on any of
the highways or parts of highways named or described in Schedule '17' to this
by-law, proceeding in the direction set out, at the location set out, shall make the
movement(s) set out in the said Schedule.
PART XIII - ONE WAY STREETS
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When authorized signs are on display, the highways or parts of highways named or
described in Schedule '18' to this by-law are designated as one way highways in the
direction of travel stated in the said Schedule.
PART XIV - RATES OF SPEED (km/h)
1. General
When authorized signs are on display, the maximum permissible rate of speed
on any of the highways or parts of highways is as indicated on the official
authorized sign.
2. School Zone
Along all School Zones, the maximum rate of speed is 30km/h when authorized
signs are on display.
3. Shared Roadways
On any shared roadway as designated in 'Schedule 25', when sharrows are on
display for a minimum of 75 metres, the maximum rate of speed is 30 km/h.
PART XV - CENTRE LANE: TWO WAY LEFT TURNS
When authorized signs are on display, no person shall operate a vehicle on any of the
highways or parts of highways named or described in Schedule '21' to this by-law,
except for the purpose of turning left.
PART XVI - LIMITED GROSS WEIGHT
1.
Highways
Pursuant to Section 122 of the Highway Traffic Act, when authorized signs are on
display, no person shall drive a vehicle in excess of 5 tonnes per axle on those
highways or parts of highways at any time.
2.
Bridges
When authorized signs are on display, no person shall drive, move or operate, at
any time, a vehicle or combination of vehicles on, over or upon a bridge or any
part of a bridge described or named in Schedule '22' of this by-law if the gross
weight is greater than the weight in tonnes posted and as set out in that
Schedule.
3.
Oversize Loads
No person shall drive on a highway a vehicle or combination of vehicles that is in
excess of the dimensions and weight set out in the Highway Traffic Act without
first having obtained an Oversize Load Permit from the Director, Transportation
Services.
PART XVII - HEAVY TRUCK PROHIBITIONS
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1.
Highways
When authorized signs are on display, no person shall drive, move, or operate a
heavy truck on any highway except those highways or parts of highways named
or described in Schedule '23' to this by-law, during the times and/or days set out
in the said Schedule.
2.
Exception
Shall not apply to the driver of a heavy truck making a delivery to, or a collection
from a premise or premises that cannot be reached by any route other than the
highway where heavy trucks are prohibited within this By-law, provided that when
making such a delivery or collection the same highway is travelled only as far as
is unavoidable in getting to and from such premise or premises.
PART XVIII - SCHOOL BUS LOADING ZONES
When authorized signs are on display, the driver of a school purpose vehicle must stop
on those highways or parts of highways named or described in Schedule '24' to this by-
law on the side or sides of highways set out in the said Schedule.
PART XIX - BICYCLE LANES
When authorized signs are on display, the highways or parts of highways named or
described in Schedule '25' to this bylaw are designated as Bicycle Lanes as set out in
the said schedule.
PART XX - ROUNDABOUTS
No person shall drive, move or operate any vehicle or animal other than in a counter-
clockwise direction on any roundabout named or described in Schedule '26' to this By-
law.
PART XXI - PENALTIES
1.
(a) Any person who contravenes any of the provisions of this By-law, except a
Designated Provision, is guilty of an offence and upon conviction is liable
to a penalty as provided for in the Provincial Offences Act, R.S.O. 1990, c
P. 33, as amended from time to time, or any successor thereof.
(b) Part XXI, Section 1(a) of this By-law shall be in addition to, and shall not
limit the application of, the Highway Traffic Act.
(c) The Sections of this By-law that are listed in Schedule 27 to this By-law
are hereby designated for the purposes of Section 3 of O. Reg. 333/07 as
parts of this By-law to which the Parking Administrative Penalty By-law
applies.
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(d) If a vehicle has been left parked, standing or stopped in contravention of a
Designated Provision, the owner of the vehicle shall, upon issuance of a
penalty notice in accordance with the Parking Administrative Penalty By-
law, be liable to pay an administrative penalty and any administrative fees,
in accordance with the Parking Administrative Penalty By-law.
(e) The Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended from time
to time, or any successor thereof, does not apply to a contravention of a
Designated Provision of this By-law.
(f) Except as set out in Part XXI, Sections 1(a) and 1(e) of this By-law, all
provisions of this By-law and of any other applicable legislation shall
continue to apply to the Designated Provisions, in addition to the Parking
Administrative Penalty By-law.
2.
Exemptions
a. Part IV (Section 1 only), Part V, Part VI, Part XVI, and Part XVII
(Section 1 only) shall not, if compliance therewith would be
impractical, apply to the operator of an emergency vehicle which
includes but is not limited to an ambulance, police or fire department
vehicle, or any vehicle owned or operated by the Waterloo Regional
Police Service whether or not licenced or permitted to be in the
roadway, including but not limited to golf carts, snowmobiles,
remote controlled robots and/or off-road vehicles, or public
emergency vehicle engaged in their duties, or any vehicles engaged
in works undertaken for or on behalf of the Municipality, the Regional
Municipality of Waterloo or public utilities.
(Amended: By Law # 2008-134)
b. A police officer, Municipal Law Enforcement Officer or By-Law
Enforcement Officer actively engaged in enforcing the provisions of
this or other municipal by-laws, or laws is exempt from such
provisions of this by-law as reasonably necessary for the
performance of such enforcement.
(Amended: By Law # 2008-134)
3.
Authority To Tow Vehicles
a)
In addition to any other penalties provided for in this by-law, a
member of the Waterloo Regional Police Service or a By-law
Enforcement Officer may, where a vehicle is parked or stopped in
contravention of any portion of Parts IV, V or VI of this by-law, cause
it to be moved or taken to and place or stored in a suitable place.
(Amended: By-Law # 2008-170)
b)
All costs and charges incurred for removing, caring for and storing a
vehicle pursuant to subsection a) of this section, shall be a lien upon the
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vehicle, which lien may be enforced in the manner provided for the Repair
and Storage Liens Act, R.S.O. 1990, Chapter R. 25, as amended.
PART XXII - HIGHWAY TRAFFIC ACT
The provisions of this by-law shall be subject to the provisions of the Highway Traffic
Act, R.S.O.1990, c.H.8 and any amendments thereto. The definitions contained within
the Highway Traffic Act shall apply in the interpretation of this by-law except where
inconsistent or defined herein, in which case the definition under this by-law shall apply.
PART XXIII - VALIDITY
Should any part, section or provision of this by-law be declared by a Court of competent
jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or
in part thereof, other than the part which was declared to be invalid.
PART XXIV - EFFECTIVE DATE
1. This by-law will come into force and take effect at 12:01 a.m. on January 2,
2020.
2. By-law Number 2007-138 of the City of Kitchener, as amended, is hereby
repealed as of January 2, 2020 at 12:00 a.m.
3. Notwithstanding Part XXIV, Section 2 of this Bylaw, By-law Number 2007-138 of
the City of Kitchener, as amended, shall continue to apply to proceedings in
respect of offences that occurred before its repeal.
PASSED in the Council Chambers in the City of Kitchener this day of
2019.
Mayor
City Clerk