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Township of Lucan Biddulph
BY-LAW NO. 44-2022
BEING A BY-LAW TO REGULATE AND CONTROL PARKING WITHIN
THE TOWNSHIP OF LUCAN BIDDULPH
WHEREAS the Municipal Act authorizes local municipalities to pass by-laws
regulating traffic on highways subject to the provisions of the Highway Traffic Act;
WHEREAS the Highway Traffic Act authorizes municipalities to pass by-laws to
provide for placing, regulating and maintaining upon public highways, traffic signs for
the purpose of guiding and directing traffic;
AND WHEREAS it is deemed expedient and in the best interests of public safety
to regulate and control the parking of vehicles within the Township of Lucan Biddulph;
NOW THEREFORE the Council of The Township of Lucan Biddulph enacts as
follows:
1. Title
This By-law may be cited as the “Parking By-law”.
2. Definitions
For the purposes of this By-law, the definitions and interpretation given in this section
shall govern:
“Boulevard” means the area between the traveled portion of the highway and limit
of the highway right-of-way, but does not include a gravel shoulder.
“Crosswalk” means that portion of a roadway at an intersection or elsewhere
clearly marked for pedestrian crossing by signs or by lines or other markings on
the surface thereof;
“Curb Line” means where the curb is constructed, the edge of the curb, where no
curb is constructed “curb line” shall be construed as meaning the grassed edge of
the shoulder portion of the highway;
‘Disabled Person Parking Permit” means a Disabled Person Parking Permit issued
by the Ministry of Transportation in accordance to the requirements of the
Highway Traffic Act, and the regulations made thereunder;
“Disabled Person Parking Zone” means a parking space, identified by a disabled
parking control sign, reserved for individuals with disabilities who have obtained
a Disabled Person Parking Permit;
“Driveway” or “Lane” means a private passageway for a motor vehicle, having at
least one end thereof connected to a road, and providing the principal means of
vehicular access to a lot;
“Fire Route” means any private roadway, driveway or lane along which signs are
erected identifying the area as a fire route;
“Highway” or “Street” includes a common or public highway, street, avenue,
crescent, court, drive, road, parkway, square, place, bridge, viaduct or trestle
3.
designed and intended for, or used by, the general public for the passage of
vehicles;
“Intersection” means the area embraced within the prolongation or connection of
the lateral curb lines or, if none, then the lateral boundary lines of two or more
highways that join one another at an angle, whether or not one highway crosses
the other;
“Motor vehicle" includes an automobile, motorcycle, motor assisted bicycle
unless otherwise indicated in the Highway Traffic Act, and any other vehicle
propelled or driven otherwise than by muscular power, but does not include a
street car, or other motor vehicles running only upon rails, or a motorized snow
vehicle, traction engine, farm tractor, self-propelled implement of husbandry or
road-building machine within the meaning of the Highway Traffic Act;
“Municipality” means The Township of Lucan Biddulph;
“Officer” means:
(3) any police officer; or
(ii) any person or the employee or agent of any entity authorized by the
Municipality for the purposes of enforcing and carrying out the
provisions of this By-law;
“Park” or “Parking” means the halting of a motor vehicle, whether occupied or
not, except when halting temporarily for the purpose of, and while actually
engaged in, loading or unloading merchandise or passengers;
“Roadway” means that portion of a 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 the roadways collectively;
“Shoulder” means that portion of every highway or street which abuts the
roadway and which is designed and intended for passage or stopping of motor
vehicles;
“Sidewalk” means any public walkway, or that portion of a street between the
curb line or the lateral line of a roadway and the adjacent property line, primarily
intended for the use of pedestrians;
"stop" or "stopping", when prohibited, means the halting of a vehicle, even
momentarily, whether occupied or not, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a constable or other
police officer or of a traffic control sign or signal
“Vehicle” includes any motor vehicle, motor assisted bicycle, trailer, traction
engine, farm tractor, road building machine and any vehicle drawn, propelled or
driven by any kind of power, including muscular power;
Scope
This By-law shall apply to all lands and highways within the jurisdiction of the
Municipality.
Parking Standards
4.
Parking Restrictions
(a) | No person shall park a vehicle on any highway, or parts thereof under the
jurisdiction of the Municipality, from 3:00 am and 6:00 am between dates
of November 1* to April 30".
(b)
(c)
(d)
No person shall park a vehicle on any highway, or parts thereof under the
jurisdiction of the municipality for more than 72 consecutive hours.
Where signs in accordance with the Regulations of the Highway Traffic
Act are erected and are on display, no person shall park a vehicle on any
highway, or parts thereof under the jurisdiction of the municipality for the
duration limit during the prohibited time set out on display.
Any owner or operator of a vehicle found to be contravening any provision
of Section 4 (a) or 4 (b) or 4 (c) of this By-law is guilty of an offence and
such contravention may result in the issuance of a parking infraction notice
by an officer in accordance with the amounts as set out in Schedule “A” of
this By-law.
Method of Parking
(a)
(b)
(c)
No person shall park a vehicle except on the right hand side of the street,
in the direction the vehicle is required to proceed. The right front and the
right rear wheels shall be parallel and not more than 0.3 metres (one foot)
from the right hand curb line adjacent to which such vehicle is parked.
No person shall park a vehicle on private property except on a driveway or
lane.
Any owner or operator of a vehicle found to be contravening any
provision of Section 5 (a) or 5 (b) of this By-law is guilty of an offence
and such contravention may result in the issuance of a parking infraction
notice by an officer in accordance with the amounts as set out in Schedule
“A” of this By-law.
Parking Prohibited
(a)
(b)
No person shall park a vehicle;
(i) at locations where No Parking signs have been erected and are on
display;
(ii) as to obstruct a sidewalk;
(iii) | onthe boulevard;
(iv) in front of a driveway or lane;
(v) within an intersection;
(vi) within twenty (20) metres of an intersection in areas where signs
have been erected and are on display;
(vii) in or within twelve (12) metres of a crosswalk;
(viii) on any street in a manner which interferes with traffic;
(ix) on land owned or occupied by the Municipality, without written
consent of the Municipality, for a period longer than 24 hours; or
(x) on property owned by the Municipality or Local Board thereof
where parking by the public is not authorized.
Any owner or operator of a vehicle found to be contravening any
provision of Section 6 (a) (i) to (x) of this By-law is guilty of an offence
and such contravention may result in the issuing of a parking infraction
notice by an officer in accordance with the amounts as set out in Schedule
“A” of this By-law.
Fire Protection
In order to give access to or egress from buildings, a sign or signs may be erected
on public or private property in areas approved by the Municipality, to identify a
Fire Route. The Fire Chief of the Municipality may enter onto private lands in
order to identify a Fire Route or to evaluate a Fire Route’s signage, and may
require such route to be marked with an appropriate sign.
10.
(a)
(b)
(c)
No person shall park a vehicle in any of the following:
(i) an area posted as a fire route where an appropriate sign has been
erected and is on display;
(ii) within three (3) metres of a fire hydrant or, where the hydrant is set
back from the edge of the highway or street, within three (3)
metres of the point at which the prolongation of the centre line of
the hydrant at right angles to the edge of the highway or street
would intersect such edge; or
(iii) within eight (8) metres of the location of a fire station lane on that
side of the street on which such fire station is located, nor on the
opposite side of the said street within eight (8) metres of a point
opposite the centre of the lane of such fire station where signs have
been erected.
No person shall fail to display signs identifying a Fire Route if directed to
do so by the Fire Chief of the Municipality.
Any owner or operator of a vehicle found to be contravening any
provision of Section 7 (a) (i) to (iii) of this By-law is guilty of an offence
and such contravention may result in the issuance of a parking infraction
notice by an officer in accordance with the amounts as set out in Schedule
“A” of this By-law.
Disabled Person Parking
(a)
(b)
(c)
(d)
No person shall park a vehicle in a parking space where an appropriate
sign has been erected and is on display identifying such space as a
Disabled Person Parking Zone unless the vehicle properly displays a valid
Disabled Person Parking Permit.
Where, in a public parking lot or facility, one or more parking spaces are
intended for the sole use of the vehicle of a disabled person, the owner or
operator of the public parking lot or facility shall identify each such
parking space by erecting one or more disabled parking permit signs in
such a manner that the sign or signs shall be clearly visible to the operator
of any vehicle approaching or entering such parking space
Where the requirements of Section 8(b) are complied with, each such
parking space is, for the purposes of this By-law, a Disabled Person
Parking Zone.
Any owner or operator of a vehicle found to be contravening any
provision of Section 8 (a) of this By-law is guilty of an offence and such
contravention may result in the issuance of a parking infraction notice by
an officer in accordance with the amounts as set out in Schedule “A” of
this By-law.
Exemption for Emergency Vehicles
This By-law shall not apply to ambulances, police and fire department motor
vehicles, public utility motor vehicles and motor vehicles actually engaged in
emergency works undertaken for the Municipality if compliance herewith would
seriously interfere with the function which the motor vehicle is performing.
(a)
(b)
Stopping Prohibited
No person shall stop a vehicle at locations where No Stopping signs have
been erected and are on display.
Subsection 10 (a) does not apply to a school vehicle engaged in the
transportation of persons when such vehicle is stopped to discharge or pick
up passengers.
(c) | Any owner or operator of a vehicle found to be contravening any provision
of Section 10 (a) of this By-law is guilty of an offence and such
contravention may result in the issuance of a parking infraction notice by
an officer in accordance with the amounts as set out in Schedule “A” of
this By-law.
Administration
11.
11.1
12.
13.
14.
14.
Parking Infraction Notice
(a) Where a vehicle is found parked in contravention of the provisions of this
By-law, an Officer so finding the vehicle may complete and place upon or
attach to the vehicle a Parking Infraction Notice, in the form set out in
Schedule B, stating:
i) the licence number of the vehicle and the month of the validation
sticker;
il) a description of the offence;
ili) 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 early
payment in the amount and manner set forth in Section 14 (b) or
pay the set fine as indicated on the Parking Infraction Notice prior
to the 15" day as set out in the Provincial Offences Act, Part II;
and
vii) that in the event of failure to make such payment, a conviction may
be registered under the Provincial Offences Act, Part II.
(d) The Officer shall attach one copy of the Parking Infraction Notice to the
vehicle and deliver one copy to the Treasurer of the Municipality.
Revoking of Parking Infraction Notice
At the discretion of the By-law Enforcement Officer and his or her supervisor, a
Parking Infraction Notice may be revoked due to an emergency or any unusual or
unforeseen circumstance.
Removal and Impounding of Vehicles
Where a vehicle is found parked or left in contravention of any provision of this
By-law, the Municipality may make arrangements for the removal of such vehicle
at the expense of the vehicles owner.
Enforcement
The provisions of this By-law are to be enforced by an Officer
Penalties
(a) Any person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, and in Schedule “A”, Set Fine.
(b) A person served with a Parking Infraction Notice may report to the office
of the Treasurer of the Municipality to make a voluntary early payment as
indicated on the notice. Such payment must be received by the Treasurer
within fourteen (14) days of the date on which the notice was issued,
inclusive of Saturdays, Sundays and holidays.
Headings not part of this By-law
15.
16.
17.
18.
19.
20.
The headings in the body of this By-law form no part of the by-law but are
inserted for convenience of reference only.
Provincial Offences Act, Parts I and IJ to Govern
The provisions of this By-law shall be subject to the provisions of Parts I and II of
the Provincial Offences Act.
Conflict with Highway Traffic Act
In the event of conflict between the provisions of this By-law and the Highway
Traffic Act, the provisions of such Act shall prevail.
Severability
Every provision of this By-law is declared to be severable from the remainder of
the By-law and if a court of competent jurisdiction shall declare any provision of
this By-law invalid, such declaration shall not affect the validity of the remainder
thereof.
Legislation
Any Act or Regulation referred to in this By-law shall include any amendments or
revisions made thereto or any subsequent Act or Regulation enacted in place
thereof.
Repeal By-law
That By-law No. 26-2017 and any other by-law and resolution that are inconsistent with
the provisions of this by-law are hereby repealed.
Force and Effect of By-law
This By-law shall come into force and take effect on the third and final reading
thereof.
READ a FIRST, SECOND AND THIRD TIME and FINALLY PASSED on this o" "
day of September, 2022.
Clerk
TOWNSHIP OF LUCAN BIDDULPH
SCHEDULE “A’ TO BY-LAW 44-2022: PARKING
PART II PROVINCIAL OFFENCES ACT
Column 1 Column 2 Column 3 Column 4
Item | Short form wording Provision Voluntary Set Fine
creating or Payment Payable
defining within 14 days
offence
1 Parked on highway overnight 4. (a) $35.00 $45.00
2 Parked more than 72 hours 4. (b) $35.00 $45.00
3 Parked over time limit 4. (c) $35.00 $45.00
4 Parked against traffic 5. (a) $35.00 $45.00
5 Parked too far from curb 5. (a) $35.00 $45.00
6 Fail to park on driveway or lane | 5. (b) $35.00 $45.00
7 Parked in prohibited area 6. (a) (i) $35.00 $45.00
8 Parked obstructing sidewalk 6. (a) (ii) $35.00 $45.00
9 Parked on boulevard 6. (a) (iii) $35.00 $45.00
10 Parked obstructing driveway 6. (a) (iv) $35.00 $45.00
11 Parked within intersection 6. (a) (Vv) $35.00 $45.00
12 Parked within twenty (20) 6. (a) (vi) $35.00 $45.00
metres of an intersection
13 Parked too close to crosswalk 6. (a) (vil) $35.00 $45.00
14 Park so as to interfere with 6. (a) (viii) $50.00 $60.00
traffic
15 Parked on municipal property 6. (a) (ix) $35.00 $45.00
without permission
16 Parked in unauthorized area 6. (a) (x) $35.00 $45.00
17 Parked in fire route 7. (a) @) $50.00 $60.00
18 Parked too close to hydrant 7. (a) (i) $50.00 $60.00
19 Parked too close to fire hall 7. (a) (iii) $50.00 $60.00
20 Parked in disabled person 8. (a) n/a $300.00
parking zone without valid
permit
21 Stopped in prohibited area 10. (a) $35.00 $45.00
THE PENALTY PROVISION FOR THE OFFENCES CITED ABOVE IS SECTION 14
OF BY-LAW NUMBER 44-2022, A CERTIFIED COPY OF WHICH HAS BEEN
FILED.