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Corporation of the Town of Moosonee
BY-LAW NO. 35-10
Being a by-law to regulate parking of vehicles
within the Town of Moosonee and to repeal
by-law #25-01.
WHEREAS the Municipal Act, R.S.O. 1990, Chapter 45, Section 210(52) provides that Council
may pass by-laws designating fire routes and prohibiting parking thereon;
AND WHEREAS the Municipal Act, R.S.O. 1990, Chapter 45, Section 210(123) authorizes
Council to pass by-laws regulating or prohibiting the parking, standing or stopping of vehicles on
highways:
AND WHEREAS the Municipal Act, R.S.O. 1990, Chapter 45, Section 210(124) provides that
Council may pass by-laws to permit parking:
AND WHEREAS the Municipal Act, R.S.O. 1990, Chapter 45, Section 210(125) provides that
Council may pass by-laws for regulating parking for disabled persons:
AND WHEREAS the Municipal Act, R.S.O. 1990, Chapter 45, Section 210 (131) provides that
Council may pass by-laws prohibiting parking on private or municipal property:
AND WHEREAS The Highway Traffic, R.S.O. 1990, Chapter H-8, as amended, authorizes
Council to pass by-laws regulating traffic on highways:
NOW THEREFORE, The Council of the Corporation of the Town of Moosonee enacts as
follows:
PART 1 - DEFINITIONS:
1. In this by-law:
(1)
"Authorizes Sign" means any sign or any marking places or made on any
roadway, curb, sidewalk or public place.
(2)
"By-law Enforcement Officer" shall mean a person authorized by Council
(By-law Enforcement Officer) to regulate or direct traffic or enforce the
provisions of this By-Law and the Highway Traffic Act.
(3)
"Corner" means the point if intersections of curbs or edges of the portion of
the highway used for vehicular traffic.
(4)
"Council" means the Council of the Corporation of the Town of Moosonee.
(5)
"Curb" means the protecting rim of concrete or other material forming the
lateral lines of a street or roadway.
(6)
"Gross Weight" means gross weight as defined in the "Highway Traffic
Act".
(7)
"Highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, crescent, drive, designed and intended for,
or used by, the general public for the passage of vehicles.
(8)
"Highway Traffic Act" means Highway Traffic Act, R.S.O. 1990 Chapter H-
8 as from time to time amended.
(9)
"Intersection" means the area embraced within the prolongation or
connection of lateral boundary lines of two or more streets or highways,
which join one another at angle whether or not one street or highway crosses
the other.
(10)
"Lane" means the entire width of the roadway surface between property lines
at the rear or side of places of business or residential properties.
(11)
"Park or Parking", when prohibited, means the standing of a vehicle,
whether occupied or not, except when standing temporarily for the purpose
of a while actually engaged in loading or unloading merchandise or
passengers.
(12)
"Pedestrian" means a person afoot, invalids and children in wheeled
carriages.
(13)
"Disabled Person" means a person who is a holder of an Accessible Parking
Permit, and who has a medical condition, injured, or dependent upon
artificial means of transportation and or aid in mobility assisting devices,
(14)
"Permit" means an accessible parking permit issued to a disabled person
(15)
"Private road or driveway" means every way or place in private ownership
and used for vehicular traffic by the owner and those having expressed or
implied permission given by the owner or his duly authorizes agent.
(16)
"Roadway" means roadway as defined in the "Highway Traffic Act".
(17)
"Sidewalk" means that portion of a street between the curb lines, or the
lateral lines of a roadway and the adjacent property lines, intended for the
use of pedestrians.
(18)
"Stand or standing" means to remain stationary except when in obedience to
any police officer or sign and standing shall have a corresponding meaning.
(19)
"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 device.
(20)
"Traffic" includes pedestrians, ridden or herded animals, vehicles, streetcars
and other conveyances either singly or together while using any street for the
purpose of travel.
(21)
"Traffic Control Device" means any sign, roadway, curb or sidewalk
marking, or other device erected or placed under the authority of the
Municipal Council for the purpose of guiding or directing traffic.
(22)
"Vehicle" means a vehicle as defined in the "Highway Traffic Act".
PART 2- IMPROPER PARKING
(1)
No person shall park or stop a vehicle on any street unless on the right side of the street,
having regard to the directions in which the vehicle had been proceeding with the right
front and right rear wheels not more than fifteen (15) centimetres (6 inches) from the curb,
or the edge of the roadway.
PART 3 - PARKING PROHIBITED
a) Parking on Sidewalk -
No person shall park any vehicle such that any portion of the vehicle is situated
on any sidewalk reserved for pedestrian traffic.
b) Obstructing Driveway -
No person shall park a vehicle in any manner such location as to obstruct the
entrance to any hotel, office building, or private lane or driveway, or opposite
the entrance to any hospital at any time or in front of the entrance to any
theatre, auditorium or other public place.
c) Obstructing Lane way -
No person shall park a vehicle in any manner or at any location so as to
obstruct the entrance to a public laneway, or to obstruct any laneway in the
township of Moose, Horden and Caron or in such a manner as to prevent the
regular flow of traffic through a laneway.
d) Too close to Hydrant -
No person shall park any vehicle within ten (10) feet of a point in the cub
or edge of the roadway opposite any fire hydrant.
e) Too close to Intersection -
No person shall park any vehicle within thirty (30) feet of any intersection
within the Town of Moosonee.
f) Obstruct Snow Removal -
No person shall park a vehicle in any location or manner which shall
obstruct, hinder or prevent, in any way, snow plowing or snow removal
operations on any street or highway or any Municipal Parking Lot during
the months of November, December, January, February, March, and April
of each and every year from 11:00 p.m. to 7:00 a.m.
g) School Bus Loading Zone -
No person shall park a vehicle during specified prohibited times on those
designated streets or any parts of streets hereinafter listed on Schedule "A"
to this By-law and designated as a school bus loading zone where signs or
notices have been posted or are on display prohibiting parking on such
streets or parts of streets or the times and area and where parking is
prohibited or restricted.
h) Designated Fire Route -
No person shall park a vehicle during specified prohibited times on those
designated streets or any parts of streets hereinafter listed on Schedule "A"
to this By-law and designated as a fire route where
i)
Designated Accessible Parking -
No Person shall park a vehicle in a designated accessible parking spot without a
Permit
j)
Parking on Municipal Property-
No person shall park any vehicle on Municipal owned lands, other than a
highway, street, or lane, except in designated parking lots or parking areas.
k)
Parking on Roadway -
No person shall park any vehicle on the travelled portion of any roadway,
street or highway in such a manner as to obstruct or interfere with the ordinary
movement of traffic having regard to traffic requirements on such street, road
or highway.
l)
Parking on Bridge or Trestle -
No person shall park any vehicle on a bridge, or trestle, or within a distance of
50 meters on approach to any bridge or trestle.
m)
Obstruct Delivery Entrance -
No person shall park a vehicle in any manner or at any location so as to
obstruct the entrance to any area, entrance, building, or driveway where goods
and merchandise are regularly delivered or removed.
n)
Prevent Movement or Removal of Vehicle -
No person shall park a vehicle in a position or place, or in such a manner, that
prevents or is likely to prevent the removal of any vehicle already parked on
the street or highway.
o)
After-Hours Parking in Non-Designated Area-
No person shall park a vehicle on any highway, street, or lane between the
hours of 11:00 p.m. and 7 :00 a.m. unless in an area specifically designated for
permitted overnight parking.
p)
Excess Weight -
No person shall stand or park a vehicle, which has a gross combined weight in
excess of five (5) tonnes on First Street.
q)
Prohibited Standing or Parking for Deliveries -
No person shall at any time stand or park a delivery truck or van having a
vehicle weight greater than one-half ton, on any street or highway. For the
purpose of loading or unloading goods and merchandise to any property, where
a lane abuts the property and permits alternate access for loading and
unloading of goods and merchandise. For the purpose of this section, trucks or
vans having a vehicle weight of one-half ton or less shall be permitted to stand
or park for loading and unloading of goods and merchandise provided such
loading and unloading is completed in a period of time not exceeding fifteen
(15) minutes.
r)
More than 24 Hours-
No person shall park a vehicle or allow a vehicle to remain parked on any
street, highway or lane, or in any Municipal Parking lot in the Town of
Moosonee for a period of time exceeding twenty-four hours.
PART 4 - IN SPECIFIED PLACES WHERE SIGNS ARE ON DISPLAY
When authorized signs have been erected and are on display, as per Schedule "B", no person shall park a
motor vehicle in any of the following:
1.
Beyond the posted signs depicting parking distances from intersections or 30 feet
where intersections are not posted.
2.
Between 8:30 a.m. and 5:00 p.m. Monday to Friday upon either side of the street
adjacent to or opposite any school property.
3.
On any of the parts streets named and described in Schedule "A" attached hereto and
forming part of this By-law.
PART 5 - MISCELLANEOUS
No person shall stand or park a motor vehicle upon the roadway for any of the following purposes:
1.
Displaying it for sale
2.
Washing, greasing or repairing such vehicle except repairs necessitated by
emergency.
3.
Storage
4.
For displaying item for sale.
PART 6 - PENALTIES
1)
Any person who contravenes any of the provisions of this By-law is guilty of an
offence. Pursuant to the Provincial Offences Act, R.S.O. 1990, c. P. 33, and
amendments thereto, any person convicted of an offence is liable to a fine of not
less than FIVE ($5.00) DOLLARS, and not more than ONE THOUSAND
($1,000.00) DOLLARS, exclusive of costs, for each offence committed.
2)
Where a motor vehicle is found parked in contravention of the parking
provisions of this by law, any By-law Enforcement Officer finding the vehicle
shall attach to the motor vehicle a parking violation notice in the form of a
serially numbered notice stating.
a)
the motor vehicle plate number & description of the vehicle
b)
that the vehicle is lawfully parked.
c)
the date, time and place of the alleged offence.
3)
The owner or operator of the motor vehicle may, within seven (7) calendar
days, after the date when the violation notice was issued make payment in the
amount as stated in Schedule "C" (Early Payment) in the manner prescribed on
the violation notice for each offence and a receipt shall be given to the person
making payment.
4)
Failure to make payment within the specified time period for any parking
violation notice issued pursuant to the provisions of the By-law shall result in
legal action.
5)
In addition to any other penalty or fine levied by reason of a contravention of
this By-Law, the Municipality or authorized agent may remove any vehicle
parked in contravention of this By-Law to the Public Works Compound or other
designated area of the Municipality and all costs and charges of removal and
storage shall be paid by the owner of the vehicle prior to removal of the vehicle
from the storage area, and such costs, if any, shall be lien upon the vehicle,
which may enforced in the manner provided for under the Highway Traffic Act,
R.S.O. 1990, Chapter H-8 as amended.
PART 7 - REPEAL
THAT By-law Nos. 7-76, 8-83, 11-92 and 25-01 are hereby repealed.
THAT this By-law shall come into force and take effect on the date it receives it's third and final
reading.
READ a first and second time
this 4th day of August 2010
ORIGINAL SIGNED AND SEALED
____________________________________
Mayor - Wayne Taipale
ORIGINAL SIGNED AND SEALED
_____________________________________
Acting Clerk - Shannon Mac Gillivray, CAO
READ a third time and finally passed
this 4th day of August, 2010
ORIGINAL SIGNED AND SEALED
____________________________________
Mayor - Wayne Taipale
ORIGINAL SIGNED AND SEALED
____________________________________
Acting Clerk - Shannon Mac Gillivray, CAO
BY-LAW NO. 35-10
SCHEDULE "A"
NO PARKING - PROHIBITED
COLUMN 1
COLUMN 2
COLUMN 3
Street
Side or Sides
Period
From Second St. to
Both
No Parking
First St, while B.B
8:00 a. m to 5:00
p. m
School is in session
Except for school buses
First St.
Both
No Parking
From Bay Rd to 22 First St.
8:00 a. m to 5:00 p. m
While M.P school & Northern
College is in session.
Except for school buses
The parts of Meechim St
Both
No Parking
Keewatin Drive surrounding
8:00 a. m to 5:00 p. m
N.L.S. School while in session.
Except for school buses
SCHEDULE "B"
RESTRICTED PARKING
COLUMN 1
COLUMN 2
COLUMN 3
Street
Side or Sides
Period
First St from Atim Road to As per displayed signs 7:00 a.m. to 5:00 p. m
Revillion Road
Corporation of the Town of Moosonee
SCHEDULE "C" (amended by By-Law 12-16)
BY-LAW No.35-10: PARKING
Set Fine Schedule
Part II Provincial Offences Act
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision
creating
Or defining
offence
COLUMN 3
Voluntary
Payment
Payable
within 7
days
COLUMN
4
Set Fine
1
Parking on sidewalk
Part 3(a)
$ 35.00
$ 50.00
2
Park vehicle - Obstruct
driveway
Part 3(b)
$35.00
$ 50.00
3
Park vehicle - Obstruct lane
way
Part 3(c)
$35.00
$50.00
4
Park vehicle - within 10ft of
a fire hydrant
Part 3(d)
$70.00
$100.00
5
Park vehicle - within 30ft of
an intersection roadway
Part 3(e)
$35.00
$50.00
6
Park vehicle - Obstruct snow
removal
Part 3(f)
$70.00
$100.00
7
Park vehicle - School bus
loading zone
Part 3(g)
$70.00
$100.00
8
Park vehicle - Designated
fire route
Part 3(h)
$70.00
$100.00
9
Park vehicle - In a
designated accessible parking
spot without a permit
Part 3(i)
n/a
$300.00
10
Parking on Municipal
property
Part 3(j)
$70.00
$100.00
11
Parking on roadway -
Obstruct traffic
Part 3(k)
$35.00
$50.00
12
Parking on bridge or trestle
Part 3(l)
$35.00
$50.00
13
Park vehicle - Obstruct
delivery entrance
Part 3(m)
$35.00
$50.00
14
Park vehicle - prevent
removal of previous parked
vehicle
Part 3(n)
$35.00
$50.00
15
Park vehicle - after hours
parking in non-designated
area
Part 3(o)
$35.00
$50.00
16
Park vehicle - excess weight
Part 3(p)
$35.00
$50.00
17
Park/Stand vehicle -
prohibited for deliveries
Part 3(q)
$35.00
$50.00
18
Park vehicle- more than 24
hours
Part 3(r)
$35.00
$50.00
NOTE: the general penalty provision for the offences listed above is section 61 of the Provincial Offences
Act, R.S.O. 1990, c.P.33