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1L_
F
Corporation
of the Township of Malahide
By -Law No. 01 - 61
PARKING BY -LAW
The Municipal
Council
of the Corporation
of the Township of Malahide
enacts
as follows:
PART " A"
DEFINITIONS
1.
DEFINITIONS in this By -Law:
ANY PROVISION OF THIS BY -LAW" means any provision
of this By -Law for the
contravention
of which the Municipal
Act permits
a procedure
for the voluntary
payment
of penalties
out of court.
AUTHORIZED
SIGN" means any sign or device
placed
or erected
on a highway under
the authority
of this By -law by the Roads Superintendent for the purpose of regulating,
warning
or guiding
traffic.
BICYCLE" is a vehicle as defined
under the Highway Traffic Act.
BOULEVARD"
shall be construed to mean that portion of every highway within the limits
of the Township of Malahide
which
is not used
as a sidewalk
or a travelled roadway.
BUS STOP" means
a part of a highway designated
as a. point at which buses
stop to
take on or let off passengers.
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 highways.
CORNER" with reference
to a highway intersection
means the point of intersection
of
the prolongation
of the lateral
curb lines or in the absence
of curbs the prolongation
of
the edges of the roadways.
CORPORATION"
means the Corporation
of the Township of Malahide.
COUNCIL"
means the current Municipal
Council
of the Corporation
of the
Township of Malahide.
CROSSWALK"
means,
i)
that part of a highway at an intersection
that is included
within the connections of
the lateral lines
of the sidewalks
on opposite sides
of the highway measured from
the curbs, or, in the absence of curbs, from the edges
of the roadway, or
ii)
any portion
of a roadway
at an intersection
or elsewhere distinctly indicated
for
pedestrian crossing by signs or by lines or other markings on the surface.
CURBLINE"
means, where the curb is constructed " curbline" shall be construed
as
meaning
the edge of the travelled portion of the highway.
DESIGNATED
PARKING
SPACE" or " DESIGNATED
DISABLED
PERSON
PARKING
SPACE" means
a parking space located
on any public highway under the jurisdiction
of
the Corporation
of the Township
of Malahide
or on any property
owned
or occupied by
the Corporation
of the Township of Malahide
or any local board thereof and designated
for parking
of vehicles and
marked by an official sign indicating such space to be for the
sole
use of vehicles displaying
a disabled
person
parking
permit.
Corporation of the Township of Malahide
By -law EG1
DISABLED
PERSON PARKING PERMIT" means
a disabled
person
parking permit
issued
under the Highway Traffic Act or a permit,
numbered
plate
or other marker
or
device
issued by another jurisdiction
and
recognized
under the Highway Traffic Act.
DRIVEWAY" means
improved
land
on a highway which provides
vehicular access from
the roadway
to a laneway or a parking area on adjacent
land.
GROSS
WEIGHT" means the combined
weight
of vehicle
and load.
HANDICAPPED
PERSON"
means
an individual
who has been
issued
a disabled
person parking permit
by the Province
of Ontario
and who has met the requirements
of
the Highway Traffic Act.
HEAVY TRUCK" means any commercial
motor vehicle which has
a rated
gross
vehicle
weight exceeding
4, 535. 92 kilograms ( 10, 000 pounds) according
to the current permit or
vehicle
registration
which
has been
issued
under the Highway Traffic Act, or its foreign
equivalent
for such vehicle, regardless
of the actual weight
of such
vehicles, but does
not include a vehicle
operated by or on behalf
of the Corporation
or a school
bus which
is in the course
of transferring children
or mentally
retarded
adults
to and from
schools.
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 passage
of vehicles and includes
the area between
the
lateral property
lines thereof.
HOLIDAY" includes
Sunday, New Year' s Day, Good Friday, Easter Monday, Victoria
Day, Dominion day, the day proclaimed
as a Civic Holiday, Labour Day, Thanksgiving
Day, Remembrance
Day, Christmas
Day, Boxing Day, the day proclaimed
as birthday of
the reigning
sovereign, and any day appointed
by proclamation
of the Governor
General
or the Lieutenant - Governor - In- Council
as a public holiday or for a general fast or
thanksgiving
and the next following day when any such holiday falls
on a Saturday or a
Sunday, and any day appointed by proclamation
of the Municipal
Council.
INTERSECTION"
means
the area
embraced
within the prolongation
or connection
of
the lateral
curblines
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.
LANEWAY"
means improved land
adjacent
to the highway which
provides
access from
the highway to a parking
area
on adjacent land.
LOADING
ZONE" means the part of a highway set apart for the exclusive purpose of
parking
a vehicle to load or unload
same.
METERED
PARKING
SPACE" means
a parking
space for which a meter or other
mechanical
device
is provided
or any space
adjacent
to which
a parking
meter or other
mechanical
device
is located.
MOTOR
VEHICLE" includes
an automobile,
motorcycle, motor - assisted
bicycle
and any
other vehicle
propelled
or driven
otherwise than by muscular power, but does not include
the cars of electric or steam
railways, 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 or winter control machine.
M. T. O." means the Ministry of Transportation
of Ontario.
OFFICER" means the By -Law Enforcement
Officer of the Municipality or any other
person authorized by Council
and charged with the enforcement
of this By -Law.
OFFICIAL
SIGN" means
a sign approved by the Ministry of Transportation
of Ontario.
2
Corporation
of the Township of Malahide
By -law EG 1
PARK" or " PARKING ", when
prohibited,
means
the standing
of a vehicle, whether
occupied
or not, except
when standing temporarily for the purpose
of and while actually
engaged
in loading or unloading merchandise
or passengers.
PARKING INFRACTION" means
any unlawful parking, standing
or stopping of a vehicle
that constitutes
an offence.
PARKING METER" means
a device that shall indicate
thereon
the length
of time during
which a vehicle may be parked
which shall have as a part thereof a receptacle
for
receiving
and storing coins, a slot or place
in which
such coins may be deposited,
a
timing mechanism
to indicate the passage
of the interval of time during which the parking
is permissible
and which shall also display a signal
when
said interval of time shall have
elapsed.
PARKING METER
COVER" means
a hood, bag or other covering for a parking
meter
that is placed
over a parking meter by an authorized
official to indicate that a parking
meter
is not to be used.
POLICE
OFFICER" means
a member
of the Police
Force having jurisdiction
in the area.
ROADWAY" means
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 roadway collectively.
SIDEWALK" includes
all such
parts
of a highway as are set aside by the Municipality for
use of pedestrians
or use by the general
public for the passage
of pedestrians.
STAND" or " STANDING ", 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.
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.
TIME" means that where
an expression
of time occurs
or where any hour or other
period
of time is stated, the time referred
to shall be standard
time except
in periods
when daylight saving time is in effect, in which periods, it shall be daylight
saving time.
TRAFFIC CONTROL SIGNAL" means any device, manually, electrically
or
mechanically operated
for the regulation
or control
of traffic.
U- TURN" means
the turning of a vehicle
within
a roadway
so as to proceed
in the
opposite
direction.
VEHICLE" includes a motor
vehicle, trailer, traction
engine, farm tractor, road - building
machine
and any vehicle drawn, propelled
or driven by any kind of power, including
muscular
power, but does
not include
a motorized
snow vehicle, the cars of electric
or
steam
railways
running
only upon rails.
2. ABBREVIATIONS
In this Schedule
to this By -Law the following abbreviations
and symbols
stand for the
words respectively set forth
opposite thereto as follows:
3
Corporation
of the Township
of Malahide
By -law EG1
3.
DISTANCES:
Where
a distance
is used in this By -Law as part of a prohibition
of parking
or stopping
within
a specified
distance
of an object, structure, land or a part of a highway, such
distance
shall be measured:
a)
from the limit of the road allowance; or
b)
from
a point referenced
to a lot line or limit; and
c)
all distances / dimensions
are measured
in the metric measurement
of metres.
4. INTERPRETATION --
GENERAL:
In this By -Law
a)
words purporting
the singular
number or the masculine gender only include
more
persons, parties
or things
of the same
kind that one and females as well as males
and
converse.
b)
a word interpreted
in the singular number has
a corresponding
meaning when
used
in the plural.
c) "
May" shall be construed
as imperative.
d)
definitions
and interpretations
not otherwise
included
herein
but otherwise
provided
for in the Highway Traffic Act, RSO 1990, Chap. H. 8, or any successor
legislation
thereto, shall extend and apply to this By -Law.
5. SCHEDULES ADOPTED:
All schedules
referred to in this By -Law shall form
part of this By -Law and each entry
in a
column of such a schedule
shall be read in conjunction
with the entry
or entries across
therefrom, and
not otherwise.
PART " B"
GENERAL TRAFFIC
6. APPLICATION
OF BY -LAW:
This By -Law applies to all highways
under the jurisdiction
of the Corporation
of the
Township of Malahide.
7. AUTHORITY
TO IMPLEMENT
TEMPORARY
PROVISIONS:
The By -Law Enforcement
Officer
is hereby given authority
as the occasion
arises and
when
required
in order to assist
in the care of moving
traffic, to set apart and indicate
or
designate
on highways
in the Municipality space
or spaces for the parking
of a vehicle or
vehicles by causing
lines to be painted, signs to be erected or otherwise upon the
pavement,
curbs or surface
of the roadway
or immediately adjacent thereto, or on the
highway or highways
or portions
of highways,
as a temporary
provision
for the restriction
of parking
on highways
or portions
of highways
and to make such other temporary
provision
for directing the traffic
as may be necessary. Such temporary changes
shall
not be effective
after the next subsequent
Council
meeting
unless confirmed by
resolution of the Council
at such meeting, which
resolution
shall stipulate the length
of
time such
change( s) shall be in effect.
D
Corporation
of the Township
of Malahide
By -law EG 1
8. , BY -LAW SUBJECT TO THE HIGHWAY
TRAFFIC
ACT:
The provisions
of this By -Law are subject
to the provisions
of the Highway Traffic Act
RSO 1990, Chap. H. 8, as amended
and any successor
legislation
thereto.
9.
DISPLAYING
FOR SALE:
No person
shall
park any vehicle
on any highway for the purpose
of displaying the same
for sale.
10. EMERGENCY FIRE REGULATIONS:
No driver of any vehicle
shall drive
his vehicle
within 150m of any building which is on
fire; nor shall he drive his vehicle
over or across any line of a hose
laid by the Fire
Department, and at the direction
of the Fire Chief for the area, the Police authority
shall
place signs on the highway
on which the building on fire is situated, and any adjoining
highways which may be deemed
necessary
for the purpose, closing such
parts of
highways
to traffic
until the fire is out, and
no driver
shall pass such sign or approach
nearer to the fire than
such
sign.
11. FUNERALS AND PARADES:
No person
shall drive any vehicle, except emergency vehicles, between the vehicles
in
any duly authorized
parade
or funeral
procession
on any highway, provided
the vehicles
in such
parade
or procession
are properly
designated.
12. INTERFERENCE WITH AUTHORIZED / OFFICIAL SIGNS AND PARKING
METERS:
No person shall
alter, deface, remove
or destroy any sign erected by the Municipality or
any pavement
lines
or other marks for guiding the parking of vehicles
or the regulations
of traffic, or deface, injure, tamper with, open, wilfully break, destroy or impair the
usefulness
of any parking meter, and
no person
shall alter, interfere
with, or change
the
position
of any such
sign, line or other mark or parking meter, unless he has been duly
authorized
so to do.
13. OBEDIENCE TO ALL PARKING METERS, SIGNS, AND SIGNALS:
It shall be the duty of all persons
using the highways to observe
the directions
indicated
by any permanent
or temporary meters, signs, or signals
erected or placed for the
purpose
of regulating
or directing traffic.
14. PLAYING
ON PAVEMENTS:
No person
shall engage
in any game or sports activity upon
a roadway
and no person
upon roller skates
or skateboards,
or sleigh, express wagon or riding
in or by means
of
any coaster, toy vehicle or similar device
go upon any roadway.
15. PROHIBITION
OF THE REPAIRING,
WASHING, WAXING
OR GREASING OF
VEHICLES:
No person shall make
use of the roadway
for the purpose
of washing, waxing, greasing
or repairing any vehicle, except
such emergency repairs
as are necessary to enable the
vehicle to be removed
from the highway and disabled
vehicles
shall be removed
or
caused
to be removed
from the highway by the driver
or owner without delay.
16. NO DRIVING ON SIDEWALK, PATH, OR BOULEVARD:
No driver of any vehicle
shall drive within, upon, across
or along
any sidewalk, path or
boulevard
except
at a driveway.
17. ABANDON
VEHICLES:
No person
shall
abandon
any vehicle, including any vehicle that is incapable
of being
propelled
or driven by any kind
of power, on or near a highway or roadway.
18. UNAUTHORIZED
SIGNS:
No person shall place, maintain
or display on any highway any unauthorized
device
which is an imitation
of, or purports to be, or resembles
any official sign or signal, or
which
purports
to direct
parking
or the movement
of traffic or the actions
of operators
of
vehicles. Any such device
shall be deemed a public
nuisance
and any Police
or other
Officer authorized
to enforce
this By -Law may
remove the same without
notice.
5
Corporation
of the Townsh`: of Malahide
By -law EG1
19. BUS STOPS:
i)
Buses
operated
over
a highway in the Municipality
shall take on or discharge
passengers
only on the right - hand side
of the bus. When stopping
all buses shall
stop in such
a manner
as not to obstruct
traffic.
ii)
When
an authorized
bus stop sign
is on display, no vehicle
shall
stand any closer
than
15m before the said
sign.
PART C
REGULATED PARKING
20. GENERAL PARKING REGULATIONS:
Subject to or in conjunction
with the provisions
of Sections
21, no person
shall stop or
park a vehicle
or permit
a vehicle
to be stopped
or parked:
1)
On or within
any sidewalk,
crosswalk,
crossover
or boulevard;
2)
In front of or within
1 m of any lane, driveway or alley
entrance;
3)
Except at points where parking is otherwise
designated, with the right -hand
wheels
of the vehicle
at a greater distance from the curbline
than 0. 15m or in
Winter, subject
to Subsection ( 5), as nearly
within such distance
as the conditions
of the highway
permit;
4)
On the roadway side of a vehicle
stopped
or parked
at the edge or curb of a
highway;
5)
At the edge
or curb on the left side
of the roadway having
regard
to the direction
such
vehicle
was proceeding
except
where parking is permitted
on the left -hand
side of the roadway of a highway designated
for one -way traffic;
6)
In such
position
as to obstruct
traffic;
7)
Within
8m of any Fire Hall
on the side of the highway on which
the Fire Hall is
located
or within the 30m of such
Fire Hall on the opposite
side of the roadway;
8)
On any street
within
9m of the projection
of the curbline
of any intersecting
street
except
where
such intersection is visibly
and lawfully designated as a " Bus Stop"
at which
intersection all vehicles
shall be parked
in accordance
with the
instructions
set out on the designating
sign or signs;
9)
On any bridge, subway and /or any approach
thereto;
10)
Within
3m of the point
of the curbline
which
is nearest
any fire hydrant;
11)
Within
2m of the space on the same
side of the highway directly in front of the
entrance
to church, hospital, hotel, theatre, hall or other public building where
large
numbers
of people
assemble,
except
while actually taking
on or discharging
passengers,
other than
a bus in a bus stop, or other than
a taxi -cab in a taxi -cab
stand, when any such stop or stand
has been officially
designated and
appropriately
signed;
12)
Within
15m of an intersection with Signal
Light Traffic Control
System
installed;
13)
Within
15m
of the nearest
rail of a level Railway Crossing;
14)
In a position
or place that prevents
or is likely to prevent
the removal
of any
vehicle
already parked
on the highway;
15)
On any highway where the travelled
portion of the roadway is less than 6m wide;
16)
Within
15m of a pedestrian
crossover;
17)
Alongside or adjacent
to the tracks
of any railway;
18)
Within
a loading zone;
19)
On any lands owned
by the Municipality
where
signs prohibiting stopping
or
parking have been erected;
20)
Where
appropriate
signs
are erected
and on display at any place
or location for
emergency vehicles
only;
21)
Where
appropriate
signs
are erected
and on display
on highways
and between
the limits set out respectively in Schedule " A" hereto.
21. SPECIFIC PARKING REGULATIONS:
1)
Church Services
Where appropriate
signs are displayed
and authorized
by a By -Law of the
Municipality, persons
in attendance
during church
services
and church functions
are exempt
from
general parking regulations
set out above.
L9
Corporation
of the Townshipof Malahide
By -law EG1
2)
Restricted Parking
Subject to Subsection
21 ( 3) through Subsection 23( 8) inclusive below, and where
appropriate
signs
are erected
and
on display, no person
shall
park
a vehicle
on
any highway
at the side
and between the limits
set out respectively
in Columns
1, 2, and 3 of Schedule "
B" to this By -Law during the times or days set out in
Column
4 of the said Schedule for a longer
period
of time than that set out in
Column
5 of the Schedule.
3)
Maximum Parking Time Limits
No person
shall permit a vehicle
to remain
parked
or standing
upon any part of
any street in the Municipality for a period longer than five ( 5) hours.
4)
Overnight Parking on Municipal
Roads
Notwithstanding
any provisions
of this Section, no vehicle
shall
remain
parked
or
standing upon
any part of any street in the Municipality between
the hours
of 3: 00
A. M. and 5: 00 A. M.
5)
Parking on One -Way Streets
Notwithstanding
Section
20 ( 3) hereof, where Council, under this By -Law, has
designated certain
streets
as one -way streets, vehicles
parking on the left -hand
side of the street
shall park with the left -hand
wheels
of the vehicle at not more
than
0. 3m from the curbline
or, in winter, as nearly
as possible
within
such
distance
as the conditions
of the highway permit.
6)
Parking in Space Controlled by Parking Meter
i)
Parking Times
No driver
of a vehicle
shall
park such vehicle
in a parking meter zone
between
the hours
of 9: 00 a. m. and 6: 00 p. m., Mondays to Fridays
inclusive, and except
where
such days
are legally and lawfully proclaimed
holidays, unless
the driver of such vehicle deposits in the parking
meter
provided
for the parking space the sums
as indicated
in Columns
1
and 2
of Schedule " D" hereto
and thereafter
activates
the meter.
ii)
Maximum Parking Limit
on Meter
a)
No driver of a vehicle
shall
allow such vehicle to remain
parked
for a
longer
period 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 the vehicle
from
using the unexpired
time remaining
in the meter from
its previous
use without depositing a coin therein.
b)
No driver of a vehicle shall
allow such
vehicle to remain in a parking
space for a longer
period
than the maximum
time permitted
on the
parking meter.
c)
No driver of a vehicle
shall
park such vehicle
in such
a manner that
it is not wholly
within the area designated
as a parking
space, and
if
the vehicle
is of such length
as to prevent it from being parked
within
one parking
space, then the person
parking
same shall make the
necessary deposit of coins in the parking
meter or meters
for
adjoining parking
space( s).
iii)
Parking Procedures at Meter
No driver of a vehicle
shall park such
vehicle
in a parking
space
unless the
front
and rear of such vehicle
is alongside
or as close as practical
to the
parking
meter
provided
for such space.
iv)
Parking Meter Locations
The highways
or parts of highways
set out in Column
1 of Schedule "
E" of
this By -Law are designated as parking
meter zones between
the limits
set
out in Column 2 of the said Schedule.
7
Corporation
of the Township of Malahide
By -law EG1
v)
Parking Meter Rates
The parking
meter
rates, as set out in Column 2 of Schedule " D" of this By -Law
for the type
of parking meter set out in Column
1 shall be the parking
rates for on-
street parking
as approved by Council.
7)
Parking of Heavy Trucks
and Buses
i)
No person
shall park a heavy truck, or a bus, or a school
bus, or allow
a
heavy truck, or a bus, or a school
bus to stand
on any highway in any
residential
zone within the territorial
limits
of the Municipality.
ii)
The
provisions
of subsection (
i) of this section do not apply to prohibit
the
parking or standing of any heavy truck upon
a highway in any residential
zone while the operator
thereof is actually engaged
in the delivery of goods
or services
to any premises
within
such zone or to prohibit
the parking
or
standing of any bus
or school
bus
upon
a highway in such zone while the
operator
thereof is actually
engaged
in the embarking or disembarking
of
passengers
within
that zone.
8)
Parking in Designated Disabled Person Parking Space
i)
Subject to that set forth
in subsection (
ii) to this section,
no person
or
organization
shall
park
a vehicle
in a designated disabled person
parking
space
unless
a currently valid disabled
person parking permit
has been
issued to that person, organization
or to a passenger
being picked
up or
transported
in the vehicle and such
permit
is displayed
on or in the vehicle
in accordance
with the requirements
of the .Highway Traffic Act.
ii)
Vehicles displaying currently valid
permits,
numbered
plates, or other
markers
and devices bearing the international symbol
of access for the
disabled and issued by other jurisdictions are entitled to the same
privileges
as vehicles
displaying disabled
person
parking
permits issued by
the Province of Ontario.
PART " D"
STREET DESIGNATIONS
AND TRAFFIC SIGNS
22. ONE- WAY STREETS:
The highway set out in Column
1
of Schedule " C" to this By -Law, within the limit set out
in Column
2 of the said Schedule, are hereby designated for one -way traffic only in the
direction set out in Column
3 of the said Schedule.
23. EXEMPTION -- MUNICIPAL VEHICLES PERFORMING WORK
ON HIGHWAYS:
The provisions
of Part " C" of this By -Law do not apply to vehicles
of the Municipality
where
such
vehicles
are actually
engaged
in the performance
of cleaning, maintenance,
duty, repair, construction,
snow
or ice removal
or other work on any highway or any
vehicle
under contract
to the Municipality and engaged
in any of the aforesaid
activities.
PART " E"
PAYMENT
OF PENALTIES OUT OF COURT
24. PROVISIONS FOR PENALTIES:
A specified
penalty payable
out of court within
seven days time may be imposed
for the
contravention
of any provision
of the By -Law that constitutes
a parking infraction, by the
inclusion
in a parking
infraction
notice
under Part
II of the Provincial
Offences
Act of the
words
and penalties
set out in Schedule "
F" of this By -Law.
25. METHOD OF PAYING
VOLUNTARY
PENALTY:
An early penalty
payment
out of court may be made
on or before the date specified
on
the parking infraction notice by cheque
or money order payable to the Corporation
of the
Township of Malahide
sent by prepaid
mail to an address
or post office indicated
on the
N
Corporation
of the Townsh' i of Malahide
By -law EG1
parking infraction
notice
and
on such
payment
being made,
no further
proceedings
will
be taken.
26. DEFAULT IN PAYING VOLUNTARY PAYMENT:
If default is made
in paying a penalty out of court in accordance
with this part, any fine
imposed under this By -Law for the contravention
thereof shall be recoverable
under the
provision
of the Provincial Offences Act, all the provisions
of which
shall apply.
PART " F"
GENERAL PROVISIONS
27. GENERAL PENALTY:
Except where
otherwise
expressly provided
by this By -Law or the Highway Traffic Act,
every
person
who:
a)
Contravenes any provision
of the By -Law; or
b)
Is the owner
of a vehicle that is parked
or stopped
in contravention
of any
provision
of this By -Law;
Is guilty
of an offence
and on conviction
is liable to a fine not exceeding Two Thousand
Dollars ($ 2, 000) exclusive
of costs.
28. ILLEGALLY PARKED
VEHICLES:
Where
a vehicle
has been
parked, stopped
or left standing in contravention
of this By-
Law, the owner
of the vehicle, notwithstanding
that he was
not the driver
of the vehicle
at
the time of contravention
of the By -Law, is guilty of an offence
and is liable to the fine
prescribed
for the offence
unless, at the time of the offence, the vehicle
was in the
possession
of some
person
other that the owner
without
the owner' s consent.
29. REMOVAL OF VEHICLES:
Any officer duly appointed
or otherwise
holding jurisdiction
for enforcement
of the
provisions
of the By -Law and /or Highway Traffic Act, upon discovery of any vehicle
parked
in contravention
of this By -Law may cause
it to be moved
or taken to a placed
or
stored
in a suitable
place and all costs
and charges for removing, care, and
storage
thereof, in any, are
a lien upon the vehicle, which
may be enforced
in the matter
provided
by Section 52 of the Mechanics' Lien Act or any successor
legislation.
30. AUTHORITY TO ENFORCE
THIS BY -LAW:
Any By -Law enforcement
officer duly appointed
by the Municipality
and any police
officer
holding jurisdiction
within the territory limits
of the Municipality is authorized
to enforce
the provisions
of this By -Law.
In addition, any other officer appointed
by the Municipality
for purposes
of enforcement
of the non - moving
violations
of this By -Law is authorized
to
enforce
such
non - moving
violations.
For the purposes
as so set forth, the said officers
shall be considered
Provincial Offences Officers
for the purposes
of enforcement
of this
By -Law.
31. ENFORCEMENT -- PROVINCIAL OFFENCES ACT ( ONTARIO):
Subject to any provisions
set forth
above, enforcement
herein
shall be pursuant
to the
provisions
of the Provincial Offences Act ( Ontario), and any conflict between
the
provisions
of the By -Law and the said Provincial Offences Act ( Ontario), save and except
that relating to payment
of penalties
out of court, shall be resolved
in favour
of the said
Provincial Offences Act ( Ontario).
32. EXCESS
COINS
AND PARKING METERS:
Where
a person
deposits
one or more
coins in a parking
meter
in excess
of that required
for the parking
time allowed
by the meter, no change
shall
be remitted
and no increase
in parking
time shall
be allowed.
33. EXECUTIVE ACTS AUTHORIZED:
9
Corporation
of the Township
of Malahide
By -law EG1
The Mayor and the Administrator are hereby authorized
to do all things
and the Mayor
and the Administrator are hereby authorized
to execute
on behalf
and
under seal of the
Municipality
any document necessary to give effect to this By -Law.
34. HEADINGS
NOT PART
OF THE BY -LAW:
The headings
in the body of this By -Law form
no part of the By -Law but are inserted
for
convenience
of reference
only.
35. DEVIATION FROM FORMS:
Where a form
of words or expressions
are prescribed
in any schedule
to this By -Law,
deviations therefrom
not affecting
the substance
or calculated
to mislead
do not vitiate
them.
36. 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 the Act prevail.
37. FORMER BY -LAWS REPEALED:
All other By -Laws pertaining to the regulation
of traffic and parking
on highways in the
Municipality that are inconsistent with the terms of this By -Law be and the same are
hereby repealed.
READ
a first time this
READ
a second
time this
READ
a third time and finally passed this
Administrator
ayor
SCHEDULE " A"
By -Law No.
PART " A" -- DEFINITION OF ROAD ALLOWANCES
PART " B"
When properly worded
signs
have been erected
and are on display no person
shall
park a
vehicle
on the highway or part of the highway known
as:
PART " C"
The following
locations
are hereby designated as Crosswalk Zones
of 2. Om in width:
10
Corporation
of the Township of Malahide
By -law EG1
SCHEDULE " B"
By -Law No.
RESTRICTED PARKING
NO PARKING ZONES)
Reference
Road
No Parking Zone
Road
Name
Direction
Distance
Name
Direction
Distance
VanPatter
Line
East
Imperial
Road ( Cty # 73)
North
200
m
# 73)
South
165
m
3)
North
440
m
3)
South
450
m
# 73)
West
65 m
# 73)
West
100
m
SCHEDULE " C"
By -Law No.
DESIGNATED ONE -WAY STREETS
Column
1
Column
2
Column
3
Highway
To /From
Direction
SCHEDULE "
D"
PARKING METER RATES
Column
1
Column
2
Maximum
Time
Period
Parking
Meter Rate
11
Corporation of the Township of Malahide
Bylaw EG 1
SCHEDULE " E"
PARKING
METER LOCATIONS
uoiumn
i
Column 2
Column 3
Highway
Side
From
To
SCHEDULE " F"
PENALTIES - PARKING INFRACTIONS
or
Early
Voluntary
Payment
within
7 days)
Set
Fine
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
12
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
12. 50
15. 00
a)
12. 50
15. 00
b)
12. 50
15. 00
c)
20. 00
25. 00
20. 00
25. 00
20. 00
25. 00
40. 00
55. 00
13
ONTARIO COURT OF JUSTICE
PROVINCIAL
OFFENCES ACT
PART II
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario
Court of Justice that the amount
set opposite each of the
offences in the schedule of offences under the Provincial Statutes and Regulations
thereunder
and Municipal By-
law No. 01-
61 of The Township of Malahide, attached
hereto is the set fine including costs, for those offences. This Order is to take effect
June 16, 2003.
Dated at London
this 16th day of June, 2003.
Alexander 1VI. Graham
Regional Senior Justice
West Region
Part
I -
Provincial
Ofences
Act
THE
CORPORATION
OF
THE
TOWNS
HIP
OF
MALAHI
DE
BY-LAW
NO.
01-61
ITEM
COLUMN
1
Short
Form
Wording
COLUMN
2
Ofence
Creating
Provision
or
Defining
Ofence
Set
1.
2.3.
4.
5.
6.
7.
8.
9.
Driv
e
v
ehicle
within
150
m
of
building
on
fire
10
Drive
v
ehicle
over
or
across
fire
hose
D
rive
vehicle
past
sign
along
highway
in
event
of
fire
Drive
v
ehicle
within
parade
Drive
vehicle
within
fun
eral
processio
n
Alter
mun
icipal
sign
Deface
municipal
sign
Remove
municipal
sign
Destroy
municipal
sign
10
10
11
11
12
12
12
12
105 .
00
105.00
105.00
105.00
105 .
00
105.00
105 .
00
105.00
105.00
NOTE:
The
penalty
provision(s)
for
the
ofence(s)
indicated
above
is
Section
61
of
the
Provincial
Ofences
Act,
R.
S .
THE
CORPORATION
OF
THE
TOWNSHIP
OF
MALA
HIDE
BY-LAW
NO.
01-61
ITEM
COLUMN
1
Short
Form
Wording
COLUMN
2
Ofence
Creating
Provisio
n
or
Defining
Ofence
Set
10.
11.
12.
13.
14.
15.
16.
17.
18.
Alter
pavement
line
or
other
mark
Deface
pavement
line
or
other
mark
Remove
pav
emen
t
lin
e
or
other
mark
Destroy
pa
vement
line
or
other
mark
Alter
position
of
municipal
sign
Interfere
with
position
of
municipal
sign
Chan
ge
position
of
municipal
sign
Deface
parking
meter
Injure
parking
meter
12
12
12
12
12
12
12
12
12
105.00
105.00
105 .
00
105.00
105.00
105.00
105 .
00
105.00
105.00
NOTE:
The
penalty
provision(s)
fo
r
the
ofence(s)
indicated
above
is
Section
61
of
the
Provincial
Ofences
Act,
R.
THE
CORPORATION
OF
THE
TOWNSHIP
OF
MALAHIDE
BY-LAW
NO.
01-61
Trafic/
ITEM
COLUMN
1
Short
Form
Wording
COLUMN
2
Ofence
Creating
Provision
or
Defini
ng
Offence
Set
19.
Ta
mper
with
parking
meter
20.
Open
pa
rking
meter
21.
Wilfuly
break
parking
meter
22.
Destroy
parking
meter
23.
Impair
usefulnes
of
parking
meter
24.
Alter
position
of
pav
ement
line
or
other
mark
25.
Interfere
with
position
of
pav
ement
line
or
other
mark
26.
Change
positio
n
of
pav
ement
line
or
other
mark
27.
Change
positio
n
of
parking
meter
12
12
12
12
12
12
12
12
12
105.00
105.00
105.00
105.00
105 .
00
105.00
105 .
00
105.00
105 .
00
NOTE:
The
penalty
provision(s)
for
the
ofence(s)
indicate
d
above
is
Section
61
of
the
ProvincialOfences
Act,
R.
THE
CORPORATION
OF
THE
TOWNSHIP
OF
MALAHIDE
BY-LAW
NO .
01-61
Trafic/
ITEM
COLUMN
1
Short
Form
Wording
COLUMN
2
Ofence
Creating
Provision
or
Defining
Ofence
Set
28.
Fail
to
obey
meter
29.
Fail
to
obey
sign
30.
Fail
to
obey
signal
regu
lating
trafic
31.
Fail
to
obey
signal
directing
trafic
32.
Engage
in
ga
me
or
sports
a
ctivity
on
roadway
33.
Go
upon
roadway -
on
roler
skates
34.
Go
u
pon
roadway -
on
skatebo
ard
35.
Go
u
pon
roadway -
on
sleigh
13
13
13
13
14
14
14
14
105.00
105.00
105 .
00
105 .
00
105 .
00
105 .
00
105 .
00
105 .
00
NOTE:
The
pe
nalty
provision(s)
for
the
ofence(s)
indicated
above
is
Section
61
of
the
Provincial
Ofences
Act,
R .
THE
CORPORATION
OF
THE
TOWNSHIP
OF
MALAHIDE
BY-LAW
NO.
01-61
TITLE: Trafic/
ITEM
COLUMN
1
Short
Form
Wording
COLUMN
2
Ofence
Creating
Provisi
on
or
Defini
ng
Ofence
Set Incl
36.
Go
u
pon
roadway -
on
express
wagon
37.
Go
u
pon
roadway -
riding
in
or
by
means
of
coaster
38.
Go
upon
roadway -
ridin
g
in
or
by
means
of
toy
vehicle
39.
Go
upon
roadway -
riding
in
or
by
means
of
unauthorized
dev
ice
40.
Use
roadway -
washing
of
v
ehicle
41.
Use
roadway -
wax
ing
of
vehicle
42.
U
se
roadway -
repairing
of
vehicle
43.
Use
roadway -
greasing
of
vehicle
14
14
14
14
15
15
15
15
105.00
105.00
105 .
00
105 .
00
105.00
105.00
105.00
105.00
NOTE:
The
penalty
provision(s)
for
the
ofence(s)
indicated
above
is
Section
61
of
the
Pr
ovincial
Ofences
Act,
R.
THE
CORPORATION
OF
THE
TOWNSHIP
OF
MALAHIDE
BY-
LAW
NO.
01-61
TITLE: Trafic/
ITEM
COLUMN
1
Short
Form
Wording
COLUM
N
2
Ofence
Creating
Provision
or
Defining
Ofence
Set
44.
Drive
v
ehicle
on
sidewalk
45.
D
rive
vehicle
on
path
46.
D
riv
e
v
ehicle
on
bou
lev
ard
47.
Aban
don
v
ehicle
on
or
near
highway
or
roadway
48.
Place
u
nauthorized
device
on
highway
49.
Maintain
u
nauthorized
device
on
highway
50.
Display
unauthorized
dev
ice
on
highway
16
16
16
17
18
18
18
105.00
105 .
00
105 .
00
105 .
00
105 .
00
105.00
105 .
00
NOTE:
The
penalty
provision(s)
for
the
ofence(s)
indicated
above
is
Section
61
of
the
Provincial
Ofences
Act,
R.S .
Part
II -
Provincial
Ofences
Act
THE
CORPORATIO
N
OF
THE
TOWNSHIP
OF
MALAHIDE
BY-
LAW
NO.
01-
61
TITLE: Trafic/
ITEM
COLUMN
1
COL
UM
N
2
COLUMN
3
Sho
rt
Form
Wording
Provision
Creating
Early
or
Defining
Offence
Payment within
seven
days)
1.
Park
on
H
ighway -
Display
for
Sale
2.
Park
on
or
within
sidewalk
3.
Park
on
or
within
crosswalk
4.
Park
on
or
within
cross -
over
5.
Park
on
orwithin
boulev
ard
6.
Park
in
front
of
lane
7.
Park
in
fron
tof
driv
eway
8.
Park
in
front
of
alley
9
20(1)
20(1)
20(1)
20(1)
20(2)
20(2)
20(2)
20 .
00
20.00
20.00
20.00
20.00
20.00
20.00
20.00
NOTE:
The
penalty
provision(s)
for
the
ofence(s)
indicated
abo
ve
is
Se
ction
61
of
the
Provincial
Off
ences
Act,
R .
THECORPORATION
OF
THE
TOWNSHIP
OF
MALAHIDE
BY-LAW
NO .
01-61
TITLE: Trafic/
ITEM
COLUMN
1
COLUMN
2
COLUMN
3
Short
Form
Wording
Provisio
n
Creating
Early
or
Defini
ng
Ofence
Payment within
seven
days)
9.
Park
within
1
m
of
lane
10.
Park
within
1
m
of
driv
eway
11.
Park
within
1
m
of
alley
12.
Park
more
than
0.
15
m
from
curb
13.
Park
in
win
ter -
right
hand
wheels
of
v
ehicle
not
as
close
as
conditions
permit
14.
Park
on
Ro
adway
side
of
vehicle
15.
Park
on
left
side
of
Roadway
where
prohibited
16.
Park -
Obstru
cting
trafic
20(2)
20(2)
20(2)
20(3)
20(3)
20(4)
20(5)
20(6)
20.00
20.00
20.00
20.00
20.00
20.00
20 .
00
20 .
00
NOTE:
The
penalty
provision(s)
for
the
ofence(s)
indicated
above
is
Section
61
of
the
Provincial
Ofences
Act,
R.S .
THE
CORPORATIO
N
OF
THE
TOWNSHIP
OF
MALAHIDE
BY-LAW
NO.
01-61
TITLE: Trafic/
ITEM
COLUMN
1
Short
Form
Wording
COLUMN
2
Provision
Creating
orDefining
Ofence
COLUM
N
3
Early Payment within
seven
days)
17.
Park
within
8m
of
Fire
Hall
18.
Park
within
30m
of
Fire
Hall
19.
Park
within
9m
of
intersection
20.
Park
on
bridge
21.
Park
on
subway
22.
Park
on
approach
to
bridge
23.
Park
on
approach
to
subway
24.
Park
within
3m
of
fire
hydrant
20(7)
20(7)
20(8)
20(9)
20(9)
20(9)
20(9)
20(
10)
20.00
20.00
20.00
20.00
20.00
20 .
00
20 .
00
20 .
00
NOTE:
The
penalty
provision(s)
for
the
ofence(s)
indicated
above
is
Section
61
of
the
Provincial
Ofences
Act,
R.
THE
CORPORATION
OF
THE
TOWNSHIP
OF
MALAHIDE
BY-LAW
NO.
01-61
Trafic/
ITEM
COLUMN
1
COLUMN
2
COLUM
N
3
ShortForm
Wording
Provision
Creating
Early
Vol
or
Defining
Ofence
Payment within
seven
days)
25.
Park
within
2m
of
entrance
to
public
building
20(11)
26.
Park
within
15m
of
intersection
with
signal
lights
20(12)
27.
Park
within
15m
of
railway
crossing
20(
13)
28.
Park
preven
ting
remov
al
of
other
vehicle
20(
14)
29.
Park
on
highway -
trav
eled
portion
less
than
6m
wide
20(
15)
30.
Park
within
15m
of
pedestrian
cross -
ov
er
20(
16)
31.
Park
alongside
railway
tracks
20(
17)
32.
Park
adjacent
to
railway
tracks
20(
17)
20 .
00
20 .
00
20.00
20 .
00
20.00
20.00
20.00
20 .
00
NOTE:
The
pe
nalty
provision(s)
for
the
ofence(s)
indicated
above
is
Section
61
of
the
Provincial
Ofences
Act,
R.
THECORPORATION
OF
THE
TOWNSHIP
OF
MALAHIDE
BY-LAW
NO.
01-61
TITLE: Trafic/
ITEM
COLUMN
1
COLUMN
2
COLUMN
3
Short
Form
Wording
Provision
Creating
Early
Vol
or
Defining
Ofence
Payment
withi
n
seven
days)
33.
Park
within
loading
zone
20(18)
34.
Park
in
signed
area
where
prohibited -
municipal
lands
20(
19)
35.
Park
in
signed
area -
emergency
v
ehicles
only
20(20)
36.
Park
in
signed
area
20(
21)
37.
Park
in
signed
area -
contrary
to
restriction
s
21(2)
38.
Park
in
ex
cess
of
five
hou
rs
21(3)
39.
Park
between
3:
00
a.
m.
and
5:
00
a.m.
21(4)
20 .
00
20 .
00
20.00
20.00
20.00
20.00
20 .
00
NOTE:
The
penalty
provision(s)
for
the
ofence(s)
indica
ted
above
is
Section
61
of
the
Provincial
Ofences
Act,
R.
THE
CORPORATION
OF
THE
TOWNSHIP
OF
MALAHIDE
BY-LAW
NO.
01-61
TITLE: Trafic/
ITEM
COLUMN
1
COLUMN
2
COLUMN
3
Short
Form
Wording
Provision
Creating
Early
orDefi
ning
Ofence
Payment within
seven
days)
40.
Park
Left
Hand
Wheels
of
Vehicle
more
than
0.
3m
from
Cu
rblane
21(5)
41.
Park
in
Winter -
Left
H
and
Wheels
of
Vehicle
Not
as
Close
as
Practical
21(5)
42.
Park
at
meter -
fail
to
depo
sit
sums
21(6)(i)
43.
Park
at
expired
meter
lon
ger
than
payment
made
21(6)(ii)(
a)
44.
Park
at
meter
long
than
maximum
time
21(6)(ii)(
b)
45.
Park
at
meter -
o
utside
meter
zone
21(6)(ii)(
c)
46.
Fail
to
park
as
close
as
practical
to
meter
21(6)(
iii)
20.00 $
20 .
00
12 .
50
12 .
50
12 .
50
20.00
20.00
NOTE:
The
penalty
provision(s)
for
the
ofence(s)
indicated
above
is
Sectio
n
61
of
the
Provincial
Ofences
Act,
R .
THE
CORPORATION
OF
THE
TOWNSHIP
OF
MALAHIDE
BY-LAW
NO.
01-61
ITEM
COLUMN
1
COLUMN
2
COLUMN
3
Short
Form
Wording
Provisio
n
Creating
Early
or
Defining
Ofence
Payment within
seven
days)
47.
Park
heavy
tru
ck
on
highway
in
residential
zone
21(7)(i)
48.
Park
bus
on
highway
in
residen
tial
zone
21(7)(i)
49.
Park
school
bus
on
highway
in
residen
tial
zone
21(7)(i)
50.
Park
in
designated
disabled
person
parking
space
21(8)(i)
20.00
20.00
20.00
N/
A
NOTE:
The
pe
na
lty
provision(s)
for
the
ofence(s)
indicated
abov
e
is
Section
61
of
the
Provincial
Off
ences
Act,
R.