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THE CORPORATION OF THE TOWNSHIP OF NIPISSING
BY-LAW NUMBER 2021-50
Being a By-Law to regulate the parking of vehicles within the Corporation
of the Township ofNipissing.
WHEREAS Section 10(1) of the Municipal Act, S.O. 2001 c. 25, as amended, empowers municipalities
to provide any service or thing that the municipality considers necessary or desirable for the public;
AND WHEREAS Section 101(1) of the Municipal Act, S.O. 2001, c. 25 as amended, provides that
municipalities may pass By-laws regulating or prohibiting the leaving of motor vehicles on land;
AND WHEREAS Section 63 of the Municipal Act as amended, provides that where a municipality
passes a by-law for prohibiting or regulating the placing, stopping, standing or parking of an object or
vehicle on a highway, it may provide for the removal and impounding or restraining and immobilizing
of any object or vehicle placed, stopped, standing or parked on a highway in contravention of the by-
law;
AND WHEREAS subsection 425(1) of the Municipal Act, as amended, authorizes municipalities to
pass by-laws providing that any person who contravenes a by-law of the municipality passed under said
Act is guilty of an offence,
AND WHEREAS the Council of the Corporation of the Township ofNipissing deems it expedient to
pass a by-law to regulate parking within the Township and for the designation of areas for Emergency
Loading Zones;
NOW THEREFORE Council of the Corporation of Township ofNipissing hereby enacts as follows:
PART 1 - DEFINITIONS
1. In this By-Law:
a) "Authorized Emergency Vehicle" means a vehicle of the Fire Department, Police Department,
Ambulance (Emergency Medical Services (EMS) and vehicles of other municipal departments
responding to urgent or emergency situations.
b) "Authorized Sign" means any sign or any marking placed or made on any highway or roadway
or public place by the Township.
c) "Boulevard" means the portion of the highway at the side of or adjacent to such highway not
normally used for pedestrian or vehicular traffic and exclusive of any part of such highway
coming within the definition of "sidewalk" herein.
d) "Council" means the Council of the Corporation of the Township ofNipissing.
e) "Double Parking" means the parking of a motor vehicle on a highway where the vehicle is
parked parallel to another vehicle illegally parked on the highway.
f) "Driver" means a person who drives or is care or control of a vehicle.
g) "Emergency Loading Zone" means an area designated and signed appropriately for the use of
Authorized Emergency Vehicles for the purpose of emergency operations including but not
limited to access to water sources and ingress and egress points for water bodies.
h) "Highway" means a common and public highway, street, avenue, parkway, driveway, square,
place, bridge, viaduct, or trestle, or any part which is intended for or used by the general public
for the passage of motor vehicles and includes the area between the lateral property line thereof,
and "street" and "road" shall have a like meaning.
i) "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 crosses the other.
j) "Motor Vehicle" includes an automobile, motorcycle and any other vehicle propelled or driven
otherwise than by muscular power, or a motorized snow vehicle, a motor assisted bicycle,
traction engine, farm tractor, self-propelled implement of husbandry or road building machine.
k) "Municipal Law Enforcement Officer" means the By-law Enforcement/Municipal Law
Enforcement Officer(s) employed by the Corporation of the Township ofNipissing.
1) "Owner of Vehicle" means the person to whom a vehicle is registered under the Highway
Traffic Act.
m) "Park or Parking", when prohibited, means the standing of a vehicle, whether occupied or not
on a highway, roadway, or municipally owned lands. Excluded from this definition are vehicles
standing temporarily for the purpose of and while actually engaged in loading or unloading
goods, wares, merchandise or passengers.
n) "Pedestrian" means a person afoot or in a wheelchair or a child in a wheeled carriage.
o) "Police Officer" means a member of the police force of the Ontario Provincial Police.
p) "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 duly authorized agent.
q) "Roadway" means that portion of a street improved, designed or ordinarily used for vehicular
traffic.
r) "Stand or Standing" 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) "Traffic" includes vehicles, pedestrians, ridden or herded animals, and other conveyances either
singly or together while using any street for the purposes of travel.
t) "Traffic Control Device" means any sign or roadway markings placed under the authority of
the Council for the purpose of guiding or directing traffic.
u) "Vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road building machine,
bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular
power.
v) "Voluntary Payment" means a method of paying the Voluntary Penalty payment out of court,
directly to the Township ofNipissing, made on or before the date specified on the parking
infraction notice.
PART 2 - PARKING REGULATIONS
2.1
General Stopping and Parking Regulations
i)
No person shall park or stop any vehicle on any road unless on the right hand side of the
roadway having regard to the direction in which the vehicle was traveling, with the right
front and rear wheels parallel to and not more than .30 metres (12") from the right hand
limit of the roadway as practicable, without stopping or parking over a sidewalk or
footpath or over any part of the highway where grass has grown or which is not intended
for the use of vehicles but this section shall not apply where angle parking is specifically
authorized under this By-law.
ii)
Where angle parking is permitted on a roadway, no person shall stop or park any vehicle
except at an angle from the curb or boundary of the roadway with the front end of the
2
vehicle at such curb or boundary.
2.2
Restrictions on Stopping and Parking
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other
traffic or in compliance with a traffic control signal, sign device or the directions of a Police
Officer, in any of the following places:
i)
Private Driveway - in front or within 3 metres (10 feet) of a public or private driveway.
ii)
Intersection - within 9 metres (30 feet) of an intersection unless otherwise signed.
iii)
Bridge - on any bridge or approaches thereto.
iv)
Time Limit- on any roadway in excess of 48 hours.
v)
Double Parked - double parked on the roadway side of any vehicle stopped or parked
at the edge or curb of a roadway.
vi)
Interference - in such a place or position as to prevent the convenient removal of any
other vehicle previously parked or standing.
vii)
Municipal Property - 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. For the purpose of this section, land owned by the Municipality includes a parcel of
land, all street, Municipal parking lots and road allowances within the Municipality
whether or not such streets or road allowances have been assumed by the Municipality
for use by the public. Vehicles parked on streets within the Municipality or in
Municipal parking lots in accordance with the provisions of this By-law shall be deemed
to have been parked with the consent of the Municipality.
viii)
Schedule "A" - on any of the parts of highways named and described in Schedule A
attached hereto and forming part of this by-law.
2.3
Emergency Loading Zone
Parking is prohibited in all areas designated as Emergency Loading Zone within this by-law.
The purpose of Emergency Loading Zones is to provide a clear access at all times to water
sources for the Fire Department, lake access for emergency responders including Fire, EMS and
Police; and designated areas for the loading of patients by emergency responders.
Emergency Loading Zones are marked with signage and are designated on the Appendix maps
attached to and hereby forming part of this by-law.
Emergency Loading Zones are located:
1.
Wolfe Lake Beach
2.
McQuaby Lake Boat Launch
3.
Chapman's Landing Dock and boat launch
4.
Heritage Park, Blake Street (beside the rink building)
5.
Sandy Bay Road, end of road at turnaround
6.
Birchgrove Drive ("Party Rock")
Vehicles parked in these designated areas will be towed at the owner's expense.
2.4
Winter Maintenance Turnarounds
Parking is prohibited in all areas designated as Winter Maintenance Turnarounds within this by-
law from October 31 to May 1 each year. The purpose of Winter Maintenance Turnarounds is
to provide access to snow plow trucks and maintenance vehicles for safe turning areas during
the winter season.
Winter Maintenance Turnarounds are marked with signage and are designated on Schedule B
attached to and hereby forming part of this by-law.
Vehicles parked in these designated areas between October 31 to May 1, during or following a snow
fall event, may be towed at the owner's expense.
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2.5
Time Limited Parking Areas
No vehicle shall be permitted to park on any roadway in excess of 48 hours.
Parking areas provided for Day Parking and Overnight Parking are designated within this by-
law and marked with appropriate signage at each site.
Day Parking provides space for parking for not longer than twelve (12) hours.
Dav Parking areas provided at:
Wolfe Lake Beach
Link's Beach
Chapman's Landing dock
McQuaby Lake launch area located off of Niagara Road
Sandy Bay Road, at the end of the road, located off of turnaround
Birchgrove Road ("Party Rock") at lot provided, comer of Rocky Shore Drive
Overnight Parking provides space for parking for not longer than forty-eight ( 48) hours.
Overnight Parking areas provided at:
McQuaby Lake launch area located off of Niagara Road
Birchgrove Road ("Party Rock") at lot provided, comer of Rocky Shore Drive
2.6
Restricted and No Parking Areas
No person shall park any vehicle upon a roadway in such a manner or under such conditions as
to leave available less than three (3) metres (10 feet) of the width of the roadway for the free
movement of vehicular traffic.
Vehicles parked obstructing free movement of vehicular traffic shall be towed at the owner's
expense.
PART3-ENFORCEMENT
3.1
The Ontario Provincial Police (O.P.P.) may enforce the provisions of this By-law.
3.2
The Council may appoint one or more persons as Municipal Law Enforcement Officers
(MLEO) to enforce the provisions of this By-law.
3 .3
Provincial Offences Act
3.4
Where a vehicle is found parked in contravention of any of the standing, stopping or parking
provisions of this or any other By-law of the Corporation of the Township ofNipissing, an
Officer who is responsible for the enforcement of this By-law so finding the vehicle may
commence proceedings for parking infractions under Part 2 of the Provincial Offences Act,
R.S.O. 1990, Chapter P.33.
Impounding
In addition to and notwithstanding Section 4.3 of this By-law, where a vehicle is found parked
in contravention of the standing, stopping or parking provisions of this By-law a Municipal Law
Enforcement Officer or an Ontario Provincial Police Officer, may cause the vehicle to be moved
or taken to and placed or stored in a suitable place and all costs or charges for removing, care
and storage shall be a lien against the vehicle which may be enforced in the manner provided by
the Repair and Storage Liens Act.
PART 4 - PARKING ON PRIVATE PROPERTY AND PROPERTY OF PUBLIC AUTHORITY
4.1
No person shall park or leave a motor vehicle:
Private Property
i)
On private property without the consent of the owner or occupant of the property.
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4.2
4.3
4.4
Public Authority
ii)
On property owned or occupied by a public authority or any local board without the
consent of the public authority or local board, as the case may be; and
Conditions of Parking
Where signs have been posted, stating conditions on which a motor vehicle may be 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 prohibitions shall be
deemed to have been parked or left without consent.
Impounding
A Municipal Law Enforcement Officer (MLEO) or an Ontario Provincial Police Officer, upon
discovery of any vehicle parked or standing in contravention of the provisions of this section
may cause it to be moved or taken to and placed or stored in a suitable place, at the owner's
expense, and all costs and charges for removing car and storage thereof, if any, are a lien upon
the vehicle which may be enforced in the manner provided by the Repair and Storage Liens Act.
Exemption Special Functions
The Council, on application, may by Resolution and subject to conditions it deems advisable,
direct that any section of this By-law not be enforced for a period oftime, to be set out by
Council, for the purpose of a function deemed to be in the best interests of the Township of
Ni pissing.
PART 5 - GENERAL
5.1
Time References
Wherever in this By-law a time of day or hour is referred to, the time shall be construed in
accordance with standard time or day light savings time, as may be in the current official use in
the Township ofNipissing.
PART 6 - PROVISIONS SEP ARA TE AND INDEPENDENT
All sections of this By-law shall be deemed to be separate and independent and the invalidity of any
section or provision hereof shall not affect the remaining sections.
PART 7-PENALTIES
7 .1
Any person who contravenes any provision of this by-law is guilty of an offence and is subject
to fine recoverable under the Provincial Offences Act.
7.2
Where a motor vehicle is found parked in contravention of the parking provisions of this by-
law, and a Municipal Law Enforcement Officer finding the vehicle shall attach to the motor
vehicle a parking infraction notice in the form of a serially numbered notice stating:
1.
the motor vehicle plate number, province of number plate issuance and validation expiry
date.
n.
that the vehicle is unlawfully parked, providing the wording of the offence,
111.
the date, time and location of the alleged offence, and
1v.
the amount of the fine for the offence.
7.3
The owner of a motor vehicle is liable for the penalty provided for in this section to the same
extent as the driver of such motor vehicle unless at the time of the offence, the vehicle was in
possession of some person other than the owner, without the owner's consent.
7.4
Notwithstanding any other provisions of this Section in respect to penalties for violation of the
parking provisions of this By-law, any person may, upon presentation of a Certificate of Parking
Infraction issued by a Municipal Law Enforcement Officer, alleging commission of an offence
under this By-law, pay out of Court within seven days from the issue of the said tag, the
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7.5
voluntary payment as prescribed in Schedule "C" to the Township of Ni pissing Offices at 45
Beatty Street, Nipissing, Ontario; or after seven days and within 15 days the set fine as
prescribed in Schedule "C".
The notice shall be prepared in duplicate and the Municipal Law Enforcement Officer or Police
Officer shall attach one copy to the vehicle and deliver the duplicate copy to the Provincial
Offences Office, 200 McIntyre Street East, North Bay, Ontario.
7.6
The Municipal Law Enforcement Officer or Police Officer upon finding a vehicle in violation of
any section of the by-law, may at his/her discretion, order the removal of the vehicle violating
the by-law when deemed necessary. The cost of such removal, towing and impoundment is the
sole risk and expense of the owner.
PART 8 - SCHEDULES
8.1
There are attached to this By-Law the following schedules:
1.
Schedule A - Regulating those areas where parking is regulated.
11.
Schedule B - Defining Winter Maintenance Turnarounds.
111.
Schedule C - Set fines and voluntary payment.
By-Law Number 2021-50 shall come into force once the Short Form Working and Set Fines are
approved by the Regional Senior Judge of Ontario Court of Justice pursuant to the Provincial Offences
Act.
By-Law Number 2007-1203 is hereby repealed, once By-law Number 2021-50 comes into force.
READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 19TH DAY OF OCTOBER,
2021.
THE CORPORATION OF THE TOWNSHIP
OF NIPISSING
6
Tom Piper ey
.,, Kris Croskjry-Hodg·n ,
Municipal Administrator
)
By-Law Number 2021-50
Schedule "A"
THIS IS SCHEDULE "A" TO BY-LAW NUMBER 2021-50
THE CORPORATION OF THE TOWNSHIP OF NIPISSING
THE PARKING OF VEHICLES IS REGULATED IN THE FOLLOWING AREAS:
1. Unopened Road Allowance between Concession 18 and 19, Lot 11 and the abutting Shore Road
Allowance - designated as an Emergency Loading Zone, no parking at any time. (Reference
Illustration 1, attached.)
2. Block 20, Plan 42M559 - designated parking area containing signed areas for Day Time
Parking and Overnight Parking with a limit of 48 hours. (Reference Illustration 1, attached.)
3. Birchgrove Drive, Rocky Shore Drive, Sunset Cove Road- No parking on roadway. (Reference
Illustration 1, attached.)
4. Tum around at the end of Sandy Bay Road - designated area for Emergency Loading Zone, no
parking at any time within; designated parking area with limited spaces for Day Time Parking;
and no parking on roadway. (Reference Illustration 2, attached.)
5. Bear Creek Road and adjacent land 42R-14719, Part 1 and Part of PSR 534, Part 10- No
parking on roadway or municipal property indicated. (Reference Illustration 3, attached.)
6. Lake Nipissing Road 42R-13453, Parts 5, 6, 9, 7, 19, 21, 11 and 13 - no parking on roadway.
(Reference Illustration 4, attached.)
7. Chapman's Landing dock and boat launch, Concession 11, Part Lot 14- designated Emergency
Loading Zone, no parking at any time within; designated parking area with limited spaces for
Day Time Parking; and no parking on roadway. (Reference Illustration 5, attached.)
8. Boat Launch, McQuaby Lake (McQuaby Lake Road) - road allowance, Con 7, Part Lot 27 -
designated Emergency Loading Zone, no parking at any time within; no parking on roadway.
(Reference Illustration 6, attached.)
9. McQuaby Lake Access Point (off of Niagara Road)-designated Emergency Loading Zone, no
parking at any time within; designated parking area with signed areas for Day Time Parking and
Overnight Parking with a limit of 48 hours; and no parking on roadway. (Reference Illustration
7, attached.)
10. Link's Beach (Sunset Cove Road)- designated parking area for Day Time Parking; no parking
on roadway. (Reference Illustration 8, attached.)
11. Wolfe Lake Beach (Wolfe Lake Road) - designated Emergency Loading Zone, no parking at
any time within; designated parking area for Day Time Parking; no parking on roadway.
(Reference Illustration 9, attached.)
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By-Law Number 2021-50
Schedule "B"
THIS IS SCHEDULE "B" TO BY-LAW NUMBER 2021-50
THE CORPORATION OF THE TOWNSHIP OF NIPISSING
THE DESIGNATION OF WINTER MAINTENANCE TURNAROUNDS IN THE FOLLOWING
AREAS:
As marked on the map below.
TOWNSHIP OF
NIPISSING
ROAD MAP
March 21, 2014
By-Law Number 2021-50
Regulate Parking
Schedule 8
Winter M.lintenance Turnarounds
f
M1i1icipal Road (Seasonal)
_,,..
-
Private Road
- - - - Unopened Road Allowance
Reference Illustration #1
Reference Illustration #2
9
Reference Illustration #3
Reference Illustration #4
Reference Illustration #5
Reference lllustration #6
11
Reference Illustration #7
Reference Illustration #8
12
Reference Illustration #9
Reference Illustration # 10
13
By-Law Number 2021-50
Schedule "C"
THIS IS SCHEDULE "C" TO BY-LAW NUMBER 2021-50
THE CORPORATION OF THE TOWNSHIP OF NIPISSING
Penalties - Part 7
Set Fines Part II
Provincial Offences Act
Short Form Wording
Park opposite direction of traffic
Park more than .30 m (12") from
right limit of roadway
Park improper angle parking
Park to interfere with traffic
Park as to obstruct or within 3 metres
of a public or private driveway
Park within intersection
Park on bridge or approach to
Park on roadway in excess of 48
hours
Park on roadway side of any vehicle
stopped or parked at edge of roadway
Park to prevent removal of previously
parked vehicle
Park on Municipal property
Park on highway posted no parking
Park in designated/signed Winter
Maintenance Turnarounds
Park in Time Limited Parking Areas
longer than permitted
By-law Section
Early Voluntary
Payment Payable
2. l(i)
$20.00
2. l(i)
$20.00
2. l(ii)
$20.00
2.2
$20.00
2.2(i)
$20.00
2.2(ii)
$20.00
2.2(iii)
$25.00
2.2(iv)
$20.00
2.2(v)
$20.00
2.2(vi)
$20.00
2.2(vii)
$20.00
2.2(viii)
$20.00
2.4
$45.00
2.5
$20.00
14
Set Fine
$30.00
$30.00
$30.00
$30.00
$30.00
$30.00
$35.00
$30.00
$30.00
$30.00
$30.00
$30.00
$55.00
$30.00