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THE MUNICIPAL CORPORATION OF NORTH ALGONA WILBERFORCE TOWNSHIP
BYLAW NO. 2020 - 23
Being a Bylaw to regulate parking, control traffic or leaving of a vehicle on specific
highways or Municipally controlled property in the Township.
WHEREAS, pursuant to the provisions of Section 8 of the Municipal Act, S.O. 2001,
c.25, as amended, a Municipality has the capacity, rights, powers and privileges of a
natural person for the purpose of exercising its authority under this or any other Acct,
AND WHEREAS pursuant to the provisions of Section 11(3) of the Municipal Act,
S.O. 2001, ¢.25, as amended, Council of a Municipality may pass By-Laws respecting
matters within the spheres of jurisdiction of highways, including parking and traffic on
highways,
AND WHEREAS pursuant to the provisions of Section 101(2) of the Municipal Act,
S.O. 2001, c.25, as amended, if the Municipality passes a By-Law to regulate and
prohibit the parking or leaving of a motor vehicle on certain highways in the Township,
it may provide for the removal and impounding or restraining and immobilizing of any
vehicle, at the vehicle owner’s expense, parked or left in contravention of the By-Law
and subsection 170(15) of the Highway Traffic Act applies to the By-Law.
AND WHEREAS it is deemed expedient to regulate and restrict the parking of vehicles
on or adjacent to highways under the jurisdiction of the Corporation of North Algona
Wilberforce Township;
NOW THEREFORE the Council of the Corporation of North Algona Wilberforce
Township hereby enacts as follows:
1. INTERPRETATION AND DEFINITIONS
That for the purposes of this Bylaw, the following definitions shall apply to the following
words and phrases when used in this Bylaw:
1. “Boulevard” shall mean all parts of the highway save and except any roadway, shoulder
and sidewalk; and
2. “Crosswalk” means that part of the highway at an intersection that is included within the
connections of the lateral lines of the sidewalks on the opposite sides of the highway
measured from the curbs, or in the absence of curbs, from the edges of the roadway or any
portion of a roadway at an intersection or elsewhere that is distinctly indicated for
pedestrian crossing by signs or lines on the surface.
3. “Curb” shall include the edge of the traveled portion of the street.
4. “Disabled person” means a person who has been issued a permit by the Province of
Ontario, or another jurisdiction:
9. “Handicapped parking space” means a parking space or zone marked by a sign or signs
indicating such space or zone is for the sole use of vehicles displaying a valid permit, in
accordance with the requirements of the Highway Traffic Act and regulations made
hereunder and this Bylaw;
6. “Highway” sees definition for “Street”.
7. “Intersection” shall mean the area contained within the prolongation or connection of the
lateral curb lines or, if none, then the lateral boundary lines of two or more highways which
join one another at an angle, whether or not one highway crosses the other. Where “No
Stopping” or “No Parking’ restrictions are in effect, the distance referred to is the distance to
the nearest intersection street line.
8. “Lane” shall mean the entire width of the roadway surface between property lines at the
rear, or side, of places of business or residential properties.
9. “Motorized” shall mean any method of propulsion other than physical exertion.
10. “Municipal Bylaw Enforcement Officer” shall mean the Bylaw Enforcement Officer
authorized by the Township and designated under the Provincial Offences Act, to enforce
Municipal Bylaws and regulations.
Page 2
By-Law #2020-23
1. INTERPRETATION AND DEFINITIONS CONT’D
11,
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“Parking” shall mean 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
of merchandise or passengers.
“Permit,” means a disabled person-parking permit issued by the Ministry of Transportation
pursuant to the Highway Traffic Act and the regulations made there under, or a permit,
numbered plate, or other marker or device, issued by another jurisdiction and recognized
under said Act:
“Person” shall mean every person, firm, co-partnership, association, or corporation.
“Provincial Offences Officer ‘‘shall mean any person as defined by the Police Act of
Ontario designated by the Municipality to enforce Municipal Bylaws or any Peace Officer as
defined by the Police Act.
“Roadway” shall mean that part of a street or highway that is improved, designed or
ordinarily used for the purposes of 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 such roadways collectively.
“School” shall mean a school under the Education Act.
“Sidewalk” shall mean that portion of the street between the adjacent property lines and
either the curb or those lateral lines of the roadway, which is intended for the use of
pedestrians.
“Street” shall include a common and public highway, avenue, parkway, viaduct, and
trestle, designated and intended for, or used by the general public for the passage of
vehicles.
“Township” means the Corporation of North Algona Wilberforce Township.
“Vehicle” means 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 or cars of electric or steam
railways running only upon the rails.
2. GENERAL REGULATIONS
No person shall at any time park a vehicle on any street or roadway except in the case of
an emergency,
2.1
2.2
23
2.4
2:5
2.6
2
2.8
29
In such a manner as to obstruct a sidewalk,
In such a manner as to obstruct a pedestrian crosswalk,
In such a manner as to obstruct an entrance or exit from any public or private roadway,
lane or entrance.
Within three meters (10 ft.) of a point in the edge of the roadway and nearest a fire
hydrant;
On a bridge.
Within nine meters (30 feet) of any intersection on any street on which the Township
Bylaw permits parking unless designated otherwise;
In a position or a place that prevents or is likely to prevent the removal of any vehicle
already parked;
On any outer or inner boulevard that is grassed maintained and/or planted with trees
and not normally used for parking;
On any fire route;
2.10 Where signs are erected indicating “No Parking” at specific times, no person shall park
any vehicle upon any of the streets or portion of street described in this section for a
longer period than designated by such signs:
Page 3
By-Law #2020-23
2. GENERAL REGULATIONS CONT’D
2:11
No person shall park a vehicle or permit a vehicle to remain parked on any roadway so
as to interfere in any manner with the work of municipal road maintenance service such
as but not restricted to:
Removing snow or ice;
Snow removal operations;
Cleaning operations, including sweeping;
Roadway or street repair operations;
Municipal services maintenance or repair operations
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3. PARKING — SPECIFIC REGULATIONS
3.01
3.02
3.03
3.04
No person shall park a vehicle in a parking space where a sign, curb painting or
pavement painting indicates that it is for the exclusive use of persons with disabilities
who display on their vehicles a handicap placard or license plate that is issued or
recognized by the Province of Ontario.
On uncurbed streets, standing vehicles shall be parallel to and as circumstances and
weather conditions permit, to the edge of the boulevard or sidewalk as the same may
be.
From November 29" to March 31, no person shall park a vehicle, except a vehicle
used for emergency purposes, on any part of a street, highway or boulevard within the
North Algona Wilberforce Township between the hours of twelve o'clock midnight and
seven o'clock a.m. Vehicles parked on any part of a street, highway or boulevard within
the North Algona Wilberforce Township during the above-mentioned hours and months
may be towed away at the owner's cost.
No person shall park on any street at any time during the display of signs, placed under
the authority of the Works Superintendent, giving notice of snowplowing and/or snow
removal operations.
4. ADMINISTRATION
4.01
4.02
4.03
4.04
4.05
During any period of time when by reason of any statute, law or regulation having the
effect of the law, or under a public proclamation or request authorized or approved by
Council of the Township, the public has been requested to observe advanced time
commonly called “Daylight Savings Time”, the hours of time mentioned or provided in
this By-Law shall be construed as referring to “Daylight Savings Time” as commonly
understood in place of Standard Time.
Any Provincial Offences Enforcement Officer is hereby authorized to remove or cause
to have removed from any part of a street, highway or Township boulevard, any vehicle,
at the owner's risk, which may be parked in violation of any part of this Bylaw and to
impound the vehicle until the owner or responsible person pays to the Impound lot the
towing charge.
The owner of a vehicle that is parked, stopped, left standing or operating in
contravention of this Bylaw is guilty of an offence and shall incur the penalties provided
for any contravention of this Bylaw unless the owner proves to the satisfaction of the
court that a the time of the offence, the vehicle was in the possession of another person
without the owner's consent expressed or implied, at the time of the offence shall also
be liable for the penalties provided for any such contravention.
In addition to any other penalties provided by this Bylaw, upon discovery of a vehicle
parked, stopped or standing on any highway in contravention of any provisions of this
Bylaw, or apparently abandoned on any municipal or public property, any Provincial
Offences Enforcement Officer 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 a vehicle
and storage thereof, if any, are a lien upon the vehicle being released and may be
enforced in the manner provided by the Repair and Storage Liens Act.
The Council of the Corporation of North Algona Wilberforce Township shall, by
resolution, have the authority to designate any area, street, or part of a street as a
parking area.
Page 4
By-Law #2020-23
5. ENFORCEMENT
5.01
5.02
5.03
5.04
5.05
5.06
It is an offence for any person to do any forbidden act or fail to perform any act required
in this Bylaw.
Any person who contravenes any provision of this Bylaw is guilty of an offence and
upon conviction is liable to a fine as provided for under the Provincial Offences Act.
The Municipal Bylaw Enforcement Officer shall have the duty enforcing the provisions
of this Bylaw.
In the event of conflict between this Bylaw and any other Bylaw passed prior to the
effective date of this Bylaw, the provisions of this Bylaw shall take precedence.
The Operations Manager of North Algona Wilberforce Township is hereby authorized
and directed to erect and maintain such signs, markings, barricades and other
structures, plant and equipment as are required in accordance with the Schedules
attached, to regulate, direct, warn or guide pedestrians and vehicular traffic for the
safety and convenience of the public.
No person shall move, remove, deface or in any way interfere with any sign or marking
placed, erected or maintained under this Bylaw.
All sections of this Bylaw shall be deemed to be separate and independent and the
invalidity of any section or provision hereof shall no affect the remaining sections.
6. That By-law 2011-35 be rescinded in its entirety.
7. BYLAW IN FORCE
This Bylaw shall come into force and take effect on the day of the final passing
thereof.
Read a First and Second TIME HIS 23®” DAY OF JANUARY, 2020.
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WEAYOR
ACTING CLERK
5 a Third Time and Passed this 23" day of January, 2020.
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ACTING CLERK
CORPORATE
SEAL OF
MUNICIPALITY
North Algona Wilberforce Township
Part I] Provincial Offences Act
Bylaw # 2020-23: Parking
Item Column | Column 2 Column 3
Short Form Wording Provision Set Fine
creating or
defining offence
| Park, obstruct sidewalk ZA $30.00
2 Park, obstruct a pedestrian crosswalk 2.2 $30.00
3 Park, obstruct private road, lane 2:3 $30.00
4 Park, too close to fire hydrant 2.4 $30.00
5 Park obstruct Bridge 25 $30.00
6 | Park, too close to Intersection 2.6 $30.00
7 Park, prevent removal of parked vehicle 2 $30.00
8 | Park, Outer or Inner boulevard 2.8 $30.00
Park, obstruct fire route 2.9 $30.00
10 | Park contrary to posted sign 2.10 $30.00
11 Park, interfere with municipal services 2.11 $30.00
12 | Park, handicap space no permit 3.01 $300.00
13 | Park no curb, not parallel 3.02 $30.00
14 | Park, overnight winter 3.03 $50.00
15 si balla with snow removal 3.04 $50.00
NOTE: The penalty provisions for the offences cited above are section 5 of By-Law 2020-23; a
certified copy of which has been filed.