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BY-LAW NO. 2018-32
MOVED BY:
SECONDED BY:^L^y 67<
THAT By-law No. 2018-32
DATE: June 6, 2018
^--^7
Being a By law to regulate traffic and to govern and
control the parking of vehicles in the Municipality of
McDougall, and Repeal By-law No.'s 579, 616, 738, 77-8,
77-9, 90-35, 97-18, 97-25, 2000-07, 2000-09, 2010-63,
and 2013-42 and all other By-laws and Resolutions, or
parts thereof, contrary hereto or inconsistent herewith.
be introduced and read a FIRST and SECO
Carried
Signature
MOVED BY:
SECONDED BY
Signature
THAT By-law No. 2018-32 be read a THIRD time, PASSED, SIGNED and
SEALED this tff day of S^n-e-
Carried
Defeated
Signature
Signature
DIVISION LIST
First and Second Reading
Councillor Constable
Councillor Dixon
Councillor Gregory
Councillor Malott
Mayor Robinson
Third Reading
Councillor Constable
Councillor Dixon
Councillor Gregory
Councillor Malott
Mayor Robinson
FOR
AGAINST
THE CORPORATION OF THE MUNICIPALITY OF MCDOUGALL
BY-LAW NO. 2018-32
Being a By-law to regulate traffic and to govern and control the
parking of vehicles in the Municipality of McDougall, and
Repeal By-law No.'s 579, 616, 738, 77-8, 77-9, 90-35, 97-18,
97-25, 2000-07, 2000-09, 2010-63, and 2013-42 and all other
By-laws and Resolutions, or parts thereof, contrary hereto or
inconsistent herewith.
WHEREAS the Municipal Act S.O. 2001, c. 25, as amended authorizes
municipalities to pass by-laws for regulating traffic on highways, prohibiting of
unauthorized parking on private or municipal property, for standing, parking or
stopping of motor vehicles, for the owners and drivers of motor vehicles on any
highway or part thereof under the jurisdiction of the municipality or other parking
facility the public has access to and for regulating and controlling the use including
the use for the purposes, of untraveled portions of highways;
AND WHEREAS the said act provides that fines may be charged for offences
created by vehicles left parked, stopped or standing;
AND WHEREAS The Highway Traffic Act R. S.O. 1990, c. H.8, as amended
provides for the regulating of heavy trucks and penalties;
AND WHEREAS it is deemed necessary for a reduced load requirement on certain
highways or portions thereof in the Municipality of McDougall for the protection of
said highways;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF MCDOUGALL ENACTS AS FOLLOWS;
1.
Definitions:
(a) "authorized sign" means any sign, or marking on a roadway, curb or
sidewalk or other device placed or erected on a highway under the
authority of this by-law for the purpose of regulating, warning or guiding
traffic.
(b) "boulevard" means all parts of a highway save and except any roadway,
shoulder or sidewalk.
(c) "fire route" means a public and private roadway, lane, driveway or parking
lot aisle, not less than 3 metres wide, designated by this by-law as fire
routes.
(d) "heavy truck" means any vehicle having a total weight in excess of 4.5
tonnes and any commercial motor vehicle for carriage of goods, but does
not include a passenger vehicle, ambulance, police, fire, school
buses,public utility vehicles, or public works department.
(e) "highway" includes a common and public highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, designed and
intended for; or used by, the general public for the passage of vehicles,
and includes the total width of the road allowance.
(f)
"intersection" means the area embraced within the prolongation or
connection of the lateral curb lines or, if none, then of the lateral boundary
lines of two or more highways that join one another at an angle, whether
or not one highway crosses the other.
(g) "motor vehicle" includes an automobile, motorcycle 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 traction engine, farm tractor, self-propelled
implement of husbandry or road building machine within the meaning of
The Highway Traffic Act.
(h) "occupant" means:
(1) the tenant of private property or part thereof whose consent to permit
parking on private property shall extend only to the control of the land
or part thereof of which he/she is the tenant and any parking spaces
allotted to him under their lease or agreement.
(2) the spouse of a tenant.
(3) A person, a municipality or a local board thereof, having an interest in
the property under an easement or right of way granted to or
expropriated by the person, municipality or local board whose
consent to permit parking on private property shall extend only to that
part of the property that is subject to the easement or right of way.
(4) a person authorized in writing by an occupant as defined in clauses
(1) (2) or (3) of this section to act on the occupant's behalf for
requesting the enforcement of this by law.
(i)
"official sign" means an authorized sign approved by the Municipality of
McDougall and or the Ministry of Transport of Ontario.
(j)
"owner" when used in relation to property means:
(1) the registered owner of the property.
(2) the spouse of the person described in clause (1).
(3) a person authorized in writing by the property owner as described in
clauses (1) or (2) of this section to act on the owners behalf for
requesting the enforcement of this by law.
(k) "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.
(1) "parking infraction notice" means a notice authorized by the
Provincial Offence Act.
(I)
"parking infraction notice" means a notice authorized by the Provincial
Offence Act.
(m) "Police Officer" means a police officer who is a member of the Ontario
Provincial Police Force.
(n) "private roadway" means any private roadway, private driveway, lane,
ramp or other means to or egress from a property, building or structure
and it may include part of a parking lot.
(o) "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.
(p) "schedule" means a schedule referred to in this by law and forming part of
this by law.
(q) "shoulder" means that part of the highway immediately adjacent to the
roadway and having a surface which has been improved with asphalt,
concrete or gravel.
(r)
"stand or standing" when prohibited means the halting of a vehicle,
whether occupied or not, except for the purpose of and while actually
engaged in receiving or discharging passengers.
(s) "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 police
officer or of a traffic control sign or signal.
(t)
"Township" means The Corporation of The Municipality of McDougall.
(u) "vehicle" means a motor vehicle, trailer, traction vehicle, farm tractor, road
building machine, snowmobile and any vehicle drawn, propelled or driven
by any kind of power.
2.
Application and General Requirements:
(a) This by law applies to all highways under the jurisdiction of the
Municipality of McDougall.
(b) The 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 entries across there from and not otherwise.
(c) Where any expression of time occurs or where any hour or other period of
time is stated in this by law or on a sign erected pursuant to this by law,
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.
(d) The provisions of this by law shall not apply to ambulances, police and fire
vehicles, and motor vehicles actually engaged in works undertaken for the
Municipality.
(e) No person shall place, maintain or display upon or in view of any highway,
any sign, signal, marking or device which purports to be or is an imitation
of or resembles an authorized sign or traffic control signal or which
conceals from view or interferes with the effectiveness of an authorized
sign or traffic control device.
(f)
The Public Works Superintendent is authorized to place or erect and to
maintain such authorized signs and traffic control signals as are required
to give effect to the provisions of the safety or convenience of the public.
PART A- PARKING PROVISIONS
3.
General parking and stopping reauirements:
3. 1
General Provisions:
3. 1. 1 Method of parking - Parallel - Two way Traffic
(a)
No person shall park or stop any vehicle on any highway or portion
there for except as follows:
(i) where there is a raised curb, on the right side of the roadway with
the right front and rear wheels having regard to the direction in
which the said vehicle was proceeding, parallel to and not more
than 30 centimeters out from such curb;
(b)
(ii) where there is a rolled curb or no curb with the right front and rear
wheels parallel to and as near to the right of the roadway as is
practical.
The provisions of subsection (a) do not apply where angle parking is
permitted or to parking or stopping a vehicle on the left side of the
roadway or a highway designated for one way traffic.
3. 1.2 Method of Parking - Parallel - One way Traffic
(a)
Where a highway is designated for one way traffic and parking is
permitted on the left side of such highway no person shall park or stop
any vehicle on the left side of the highway or portion thereof except as
follows:
(i)
where there is a raised curb, on the roadway with the left front
and the rear wheels, having regard to the direction in which such
vehicle is proceeding, parallel to and not more than 30
centimeters out from such curb;
(ii) where there is a rolled curb or no curb, with the left front and rear
wheels having regard to the direction in which such vehicle was
proceeding, parallel to and as practical.
3.2 Parking Prohibited in Specified Places - Signs not Required:
(a) No person shall park any vehicle on any highway:
(i)
in front of or within 3 meters' of the intersection of a private
roadway, or within 3 meters of a driveway on all Municipal roads;
(ii) within 3 meters' of a point on the curb or edge of the roadway
nearest to any fire hyd rant;
(iii) within 9 meters of an intersecting roadway;
(iv) within 15 meters' of any level crossing of a railway;
(v) for the purpose of displaying the vehicle for sale;
(vi) for the purpose of washing, greasing or repairing the vehicle,
except for such repairs as have been necessitated by an
emergency;
(vii) alongside the tracks of any railway;
(viii) in such a position as will prevent the removal under its own power
or of any other vehicle;
(ix) so as to obstruct a crosswalk;
(x) so as to interfere with the movement of traffic;
(xi) on a highway within 150 meters' of fire fighting apparatus where
said apparatus is actually engaged in fighting a fire, or when if
directed by a member of the Police of Fire Department;
(xii) on a bridge;
(xiii) on a boulevard.
3. 3 Parking Prohibited in Specified Places Where Signs are on Display:
(a) Where authorized signs are on display indicating that parking is
prohibited, no person shall park any vehicle on any highway:
(i) within 30 meters' of an intersection controlled by traffic control
signals;
(ii) within a turning basin at the end of a cul-de-sac;
(iii) within 15 meters' of the termination of a cul-de-sac;
3.4 Stopping Prohibited in Specified Places Signs not Required:
(a) No person shall park any vehicle on a highway:
(i)
on or over a sidewalk or footpath;
(ii)
alongside or across the highway from any excavation or
obstruction in the roadway when the free flow of traffic would
thereby be impeded;
(iii) on the roadway side of any stopped vehicle;
(iv) upon any bridge or elevated structure or within any tunnel or
underpass;
Specific Parking. StopDina and Standing Requirements:
4. 1 Parking Restrictions and Prohibitions on Certain Highways:
(a) Where authorized signs are on display indicating that parking is
prohibited, no person shall park a vehicle on any highway at the side and
between the limits set out in columns 1, 2 and 3 of schedule I during the
prohibited times or days set out in said schedule.
(b) Nothing in this section shall be deemed to permit parking at any location
where or at any time when parking is prohibited.
4.2 Stopping Restrictions and Prohibitions on Certain Highways:
(a) Where authorized signs are on display indicating that stopping is
prohibited, no person shall stop a vehicle on any highway at the side and
between the limits set out respectively in columns 1, 2, and 3 of
schedule I during the prohibited times or days set out in said schedule.
4.3 Standing Restrictions and Prohibitions on Certain Highways
(a) Where authorized signs are on display indicating that standing is
prohibited, no person shall stand a vehicle on any highway at the side
and between the limits set out respectively in columns 1 , 2, and 3 of
schedule I during the prohibited times or days set out in said schedule.
4.4 Parking on Municipal Property:
(a) No person shall park or leave a motor vehicle:
(b)
(c)
(i)
(i)
(ii)
on property owned or occupied by the Municipality or any local
board thereof, without the consent of the Municipality or local
board as the case may be.
any vehicle parked or left contrary to this by law may be removed
and/or impounded at its owner's expense subject to the limiting
provisions of this by law;
a vehicle shall be deemed to have been removed if a towing
vehicle has been summoned to remove it by a person authorized
to enforce this by law.
Where property affected by this by law has posted signs stating
conditions on which a motor vehicle maybe parked or left on the property
or prohibiting the parking or leaving of a motor vehicle on the property, a
motor vehicle parked or left on the property contrary to such conditions
or prohibition shall be deemed to have been parked or left without
consent.
(d) A Police Officer or Municipal Law Enforcement Officer, in respect of a
particular property to enforce this by law shall be deemed to have the
written authority of the owner or occupant of the property to enforce this
by law and such officers are not required to receive a written complaint
before enforcing this by law.
4. 5 Parking on Untraveled Portions of Highways:
(a) No person shall park or leave any vehicle upon any portion of an
untraveled highway for a period exceeding TWENTK FOUR (24) hours.
(b) Vehicles parked or left on contravention of this section may, by order of
a Police Officer .Municipal Law Enforcement Officer or Public Works
Supervisor/ or designate be removed and impounded at the expense of
the owner thereof.
5
Physically Handicapped Parking:
(a) Every owner and operator of a parking lot or of a parking facility to which
the public has access may designate parking spaces for the exclusive use
of a motor vehicle operated by a physically handicapped person, or a
motor vehicle carrying a physically handicapped person in respect of
which a permit has been issued and properly displayed.
(b) No person shall park, store or leave standing, a motor vehicle in a
designated handicapped parking space unless a handicapped permit is
properly displayed on the vehicle.
6
Snow Removal:
(a) In order to facilitate the process of snow removal from highways no person
shall park any vehicle on any highway under the jurisdiction of the
Municipality at any time from November 15 of each year to April 15th of
the following year.
(b) No person or persons by himself or otherwise shall deposit or place or
cause to be deposited or placed any article, item or thing including snow
on any municipal road or road allowance at any time.
7
Penalty Provisions or Parking Infractions:
(a) A Police Officer, Municipal Law Enforcement Officer, Public Works
Supervisor /or designate upon discovery of any vehicle parked, stopped or
left standing in contravention of the provision of Part A of this By Law, may
attach a Parking Infraction Notice to the vehicle and or have it towed .
(b) Every person who contravenes the provisions of Part A of this By law
upon conviction is guilty of an offence and is liable to a fine as provided for
pursuant to the Provincial Offences Act for each offence, exclusive of
costs.
(c) A Police Officer or Municipal Law Enforcement Officer, Public Works
Supervisor /or designate upon discovery of any motor vehicle parked or
left standing in contravention of this By Law, may cause it to be moved to,
or stored in a suitable place, and all costs and charges for removing, care
and storage thereof, if any, are a lien upon the vehicle, which may be
enforced in the manner provided by the Mechanics Lien act.
(d) Any vehicle parked or left standing on any highway for a period exceeding
24 hours shall be considered to be abandoned, upon discovery of such
abandonment, a Police Officer or Municipal Law Enforcement Officer,
Public Works Supervisor /or designate may cause it to be moved to, or
stored in a suitable place, and all costs and charges for removing, care
and storage thereof, if any, are a lien upon the vehicle, which may be
enforced in a manner provided by the relevant provisions of The
Mechanics Lien Act.
PART B- TRAFFIC PROVISIONS
8
General Traffic Provisions:
(a)
(i)
(ii)
No person shall drive a motor vehicle upon a sidewalk or footpath on
a highway except for the purpose of directly crossing the sidewalk or
footpath.
9
No person shall drive a motor vehicle over a raised curb except at a
place where there is a ramp or rolled curb.
Pedestrian's Rights and Duties:
(a)
Except where traffic control signals are in operation or where traffic is
being controlled by a police officer, a pedestrian crossing a highway at a
place other than a pedestrian crossover shall yield the right of way to all
vehicles upon the roadway, but nothing in this section shall relieve the
driver of a vehicle from the obligation of taking all due care to avoid an
accident.
(b)
No person shall play or take part in any game or sport upon a roadway; no
person upon roller skates, or riding in or by any means of any coasting
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.
10 Year-Round Load Restrictions:
(a) Except as provided in subsection (b) when authorized signs to that effect
are displayed, no person shall move, drive or operate a motor vehicle
exceeding 5000kgs/axle on the highways set out in column 1 of Schedule
I between the limits set out in column 2 of the said schedule during the
times or days set out in column 3 of said schedule.
(b) Subsection (a) shall not apply to Municipal Vehicles or any Vehicle
working for the Municipality or Vehicles actually engaged in making a
delivery or a collection from premises which cannot be reached except by
way of a highway or portion of highway referred to in the said section
(c) The intention of this section is to protect highways under the jurisdiction of
the Municipality from the potential for damage from heavy traffic and also
to limit traffic as much as possible on such highways , for the purpose of
maintaining the condition of the highways, limiting municipal repair and
maintenance costs and for the safety of pedestrian traffic.
10. 1 Load Restrictions
(a) That the provisions of The Highway Traffic Act, R.S.O. 1990, Section
122, Subsections 1, 2, 3 and 4, as amended from time to time, shall
apply to all highways or portions thereof under the jurisdiction of the
Corporation of the Municipality of McDougall. The municipality may at
any time , reduce the weight limit deemed necessary for the preservation
of the road system.
That any person violating the provisions of this by-law shall be subject to
the penalties provided in The Highway Traffic Act, R.S.O. 1990, Section
125, as amended from time to time, and all such penalties shall be
recoverable under the Provincial Offences Act.
This by-law shall not become effective until appropriate signs have been
erected in accordance with the regulations under The Highway Traffic
Act, R.S.O. 1990.
11
Speed Limits
When any road or portion of road set out in Column 1 of Schedule II has been
marked to comply with the regulations of the Highway Traffic Act, the maximum
rate of speed thereon shall be the prescribed maximum rate of speed set out
opposite thereto in column 2 of said schedule.
12
Enforcement:
Part B of this by law shall be enforced by any Police Officer, Municipal By law
Enforcement Officer, and Ministry of Transport Officer
13
Penalty Provision for Traffic I nfractions
(a) Every person who contravenes any provision or part of this by law, upon
conviction is guilty of an offence and is liable to a fine as provided for
pursuant to The Provincial Offence Act for each offence, exclusive of
costs.
(b) Every person who contravenes any provision or part of this bylaw, upon
conviction is guilty of an offence and shall be subject to the penalties
provided in the Highway Traffic Act R.S.O. 1990 as amended, and all such
penalties shall be recoverable under the Provincial Offences Act.
14 By-law No. 's 579, 616, 738, 77-8, 77-9, 90-35, 97-18, 97-25, 2000-07, 2000-
09, 2010-63, and 2013-42 and all other By-laws and Resolutions, or parts
thereof, contrary hereto or inconsistent herewith, are hereby repealed and
where any by-law or resolution passed prior to this by-law conflicts with this
by-law, the terms of this by-law shall prevail.
15 This by law shall come into force and effect upon final passage thereof.
READ a FIRST and SECOND time this
(e,^- day of 'Su/\-e- ,
2018.
MAYOR
CLERK (v/^ U^W-fi
READ a THIRD time, PASSED, SIGNED, and SEALED this (o day of 2^18.
MAYOR
CLERK
tfU^
THE CORPORATION OF THE MUNICIPALITY OF MCDOUGALL
BY-LAW NO. 2018-32
YEAR -ROUND LOAD RESTRICTIONS
Schedule "I"
Column 1
Column 2
Column 3
Location:
From/To:
Time:
Barager Blvd.
Nobel Rd. to Nobel Rd
Anytime
North Road
Burnside Bridge Rd. to
Lake Shores Rd.
Anytime
THE CORPORATION OF THE MUNICIPALITY OF MCDOUGALL
BY-LAW NO. 2018-32
Schedule "II"
Column 1
Road or Portion of Road
Armstrong Avenue
Beaver Trail
Bell Lake Road
Big Sound Road
Big Ben Road
Boundary Road
Bunny Trail
Burnside Bridge Road
Buttercup Road
Cedar Shore Road
Cornflower Road
Crawford Road
Duff Crescent
Feldman Drive
George Hunt Memorial Drive
Glenrock Road
Grandview Drive
Haines Road
Hammel Avenue
Hillview Drive
Hoddy's Side Road
Hurdville Road
Kirkham Road
Lake Forest Drive
Limberts Road
Loch Erne Road
Long Lakes Estates Road
Lorimar Lake Road
Maple Ridge Drive
Meadow Crest Drive
McDougall Road
Miller Drive
Mountain Basin Road
Municipal Road
Murray Point Road
Nine Mile Lake Road
North Road
Nobel Road
Oakridge Road
Parkway Drive
Parry Sound Drive
Pineridge Drive
Penninsula Shores Road
Pinewood Drive
Pleasant View Drive
Riverview Drive
Column 2
Maximum Rate of Speed
(kilometers per hour)
40
40
40
40
40
40
70
40
40
40
40
40
40
40
40
40
40
50
50
40
50
70
50
50
40
50
50
50
50
50
70
50
40
40
40
50
40
70
50
50
50
50
50
40
40
40
Ryder Drive
Skerryvore Circle
Snowden Road
Sound View Court
Strawberry Lane
Squirrel Road
Sylvan Drive
Taylor Crescent
Trout Lake Road
White Beaver Trail
Wren Place
40
40
40
40
40
40
40
40
40
50
40