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THE CORPORATION OF THE CITY OF NIAGARA FALLS
BY-LAW
Number 2019 - 44
A By-law to require owners and operators of
off-street parking facilities to provide
designated parking spaces reserved for the
sole use of vehicles operated by or carrying
persons with disabilities.
--------------------------------------------------------------
THE COUNCIL OF THE CORPORATION OF THE CITY OF NIAGARA FALLS
ENACTS as follows:
1.
In This By-law:
(a)
"designated parking space" means a parking space, designated by signs
erected under the provisions of this By-law or other statutory requirement,
for the sole use of vehicles in which a permit issued pursuant to this By-
law or other Provincial or applicable law is properly displayed;
(b)
"Director" means the Director of Transportation Services of the City of
Niagara Falls;
(c)
"park" or "parking" has the same meaning as in the Highway Traffic Act,
R.S.O. 1990, Chapter H.8;
(d)
"permit" means a parking permit or licence for the use of persons with
disabilities issued by the Province of Ontario pursuant to the provisions of
the Highway Traffic Act or other statutory requirement or regulations;
(e)
"police officer" means an officer of the Niagara Regional Police Force and
includes a municipal law enforcement officer;
(f)
"off-street parking facility" means an open area or structure other than a
street used for the temporary parking of motor vehicles whether free or for
compensation to which the public has access;
(g)
"stand" or "standing" has the same meaning as in the Highway Traffic Act,
R.S.O. 1990, Chapter H.8.
2.
Every owner and every operator of an off-street parking facility shall provide
therein designated parking spaces in the number prescribed by the following
table:
Capacity of Off-Street
Minimum Number of Designated Parking Spaces
Parking Facility
to Be Reserved for Persons with Disabilities
50 - 99
1
100 - 199
2
200 - 499
5
500 - 999
10
1,000 or more total
10 spaces plus 5 spaces for each additional
parking spaces
1,000 parking spaces or part thereof.
3.
Notwithstanding Section 2, effective the date in the passing of this by-law, every
owner and every operator of an off-street parking facility that is subject to site
plan control or is applying for a commercial parking lot license shall provide
therein designated parking spaces in the number prescribed by the following
table:
Capacity of Off-Street
Minimum Number of Designated Parking Spaces
Parking Facility
to Be Reserved for Persons with Disabilities
0 - 12
One
13 - 100
4% of the total number of parking spaces, rounding
up to the nearest whole number
101 - 200
1 + 3% of the total number of parking spaces,
rounding up to the nearest whole number
201 - 1,000
2 + 2% of the total number of parking spaces,
rounding up to the nearest whole number
1,000 or more total
11 + 1% of the total number of parking
parking spaces
spaces, rounding up to the nearest whole number
Nothing herein contained shall prohibit the provision of a greater number of
designated parking spaces than is herein provided for.
4.
An exception to the required minimum number of designated parking spaces for
the use of persons with disabilities is permitted where an owner or operator of an
off-street parking facility can demonstrate that it is not practicable to comply with
the requirement because existing physical or site constraints prevent it from
meeting the required ratio, such as where the minimum width for parking spaces
for persons with disabilities or access aisles cannot be met because of existing
pay and display parking meters, surrounding curb edges, walkways, landscaping
or the need to maintain a minimum drive aisle width.
5.
Where an owner or operator of an off-street parking facility claims an exception
to the minimum number of parking spaces for the use of persons with disabilities,
it shall provide as close to as many designated parking spaces for the use of
persons with disabilities that can be accommodated by the existing site.
6.
Designated parking spaces are not required for off-street parking facilities that
are used exclusively for one of the following:
(a)
Parking for buses;
(b)
Parking for delivery vehicles;
(c)
Parking for law enforcement vehicles;
(d)
Parking for medical transportation vehicles (ambulances);
(e)
Parking used for impounded vehicles;
(f)
Parking lots not intended for public use; and,
(g)
Parking lots not intended to provide access for people with disabilities
where multiple suitable lots exist of the same site.
7.
Each designated parking space provided under Section 2 and Section 3 shall be:
(a)
a minimum width of 3.9 metres;
(b)
a minimum length of 6 metres;
(c)
marked with appropriate white pavement markings (lines and handicapped
symbol) when located on a hard surface;
(d)
level;
(e)
placed in a location approved by the Director or his/her designate so as to
minimize the distance to building entrances and exits and so as to permit
easy access to such entrances and exits; and,
(f)
kept clear of snow, ice and other impediments to the use of the space by
persons with disabilities.
8.
Each designated parking space provided under Section 3 shall have an access
aisle on each side of every designated parking space that allows persons with
disabilities to get in and out of their vehicles.
9.
Access aisles may be shared by two designated parking spaces for the use of
persons with disabilities and shall:
(a)
Be a minimum width of 1,500 mm;
(b)
Extend the full length of the designated parking space; and,
(c)
Be marked with high tonal contrast diagonal lines where the surface is
asphalt, concrete or some other hard surface.
10.
(a)
Designated parking space or spaces shall be identified by a minimum of
one authorized sign for each designated parking space, as prescribed in
R.R.O. 1990, Regulation 581 under the Highway Traffic Act as amended
from time to time.
(b)
A sign shall have the dimensions as described and illustrated in the figure
as shown in Schedule "A" attached hereto.
(c)
The sign shall be located at the front and in the centre of the parking stall
on a support that has been permanently installed in the ground. The sign
shall be mounted at a height of 1.0 metre to 1.5 metres from the ground to
the bottom of the sign.
11.
The owner or the operator of the off-street parking facility shall be responsible for
the provision, procurement, installation and maintenance of the signs referred to
in Section 10.
12.
No fee shall be charged for the use of a designated parking space in excess of
that fee charges to other members of the general public in respect of non-
designated parking spaces.
13.
No person shall park a motor vehicle in a designated parking space unless a
valid permit is displayed in that vehicle as prescribed in this by-law and
(a)
persons with disabilities who is the operator of a motor vehicle and who
has a valid permit for which is clearly and fully visible from the outside of
the motor vehicle by either being affixed to the sun visor or on the
dashboard of the motor vehicle; or
(b)
a person who is the operator of a motor vehicle that is carrying a person
with a disability and who has a valid permit, shall park a motor vehicle in a
designated parking space for which is clearly and fully visible from the
outside of the motor vehicle by either being affixed to the sun visor or on
the dashboard of the motor vehicle; and
(c ) that the person for which the permit has been issued exits the vehicle
to attend the building or facility for which the accessible space is provided.
14.
Any person who contravenes any of the provisions of this by-law, is liable upon
conviction to a fine of not more than five thousand dollars ($5,000.00).
15.
Notwithstanding all other provisions of this by-law in respect to penalties for
violation of provisions of this By-law, any person may, upon presentation of a
parking infraction notice alleging commission of any of the offences provided in
the said sections, pay out of court, within seven days (exclusive of Sundays,
Saturdays and public holidays) from the date of issue of the said notice, the
specific penalty provided for such offence by this by-law at the said office, and
upon such payment no further proceedings shall be taken under this by-law in
respect to the said offence alleged in the notice.
16.
The provisions of this by-law do not apply to vehicles operated by or on behalf of
the City, or any municipal utility while engaged in the performance of cleaning,
clearing, maintenance, repair, construction or other work.
17.
This by-law shall not, in the case of emergency, apply to an emergency vehicle
as defined in the Highway Traffic Act.
18.
A Police Officer, upon discovery of any vehicle parked or standing in
contravention of this by-law, or of any vehicle apparently abandoned or of any
vehicle without proper plates on a highway, may cause such vehicle to be moved
or taken to and placed or stored in a suitable place and all costs and charges for
removing, care and storage thereof, if any, are a lien upon such vehicle, which
may be enforced in the same manner provided by the Repair and Storage Liens
Act R.S.O 1990 Chapter R.25.
19.
The driver of a vehicle, not being the owner, is liable to any penalty provided
under this by-law, and the owner of the vehicle is also liable to such penalty,
20.
Should any section, subsection, part or parts of this by-law be declared by a
court of law of competent jurisdiction to be ultra vires, illegal or bad, those
sections, subsections, part or parts shall be deemed to be severable and all parts
thereof are declared to be separate and independent and enacted as such.
21.
The following by-laws are hereby repealed:
1994-262
2001-175
22.
Schedule 'A' forms part of this By-Law.
Passed this ninth day of April, 2019.
........................................................................... ............................................................
WILLIAM G. MATSON, CITY CLERK
JAMES M. DIODATI, MAYOR