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THE CORPORATION OF THE
TOWNSHIP OF NORTH KAWARTHA
BY-LAW NUMBER 50/08
BEING A BY-LAW FOR THE REGULATION OF PARKING WITHIN THE TOWNSHIP
OF NORTH KAWARTHA
WHEREAS the Table appended to section 11 of the Municipal Act, 2001, S.O. 2001, c. 25, provides that the whole
of the sphere of jurisdiction "highways, including parking and traffic on highways" is assigned non-exclusively to all
upper-tier municipalities;
AND WHEREAS subsection 11(2)(3) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that where a sphere or
part of a sphere of jurisdiction is assigned non-exclusively to an upper-tier municipality, both the upper and its
lower-tier municipalities have the power to pass by-laws under that sphere or part;
AND WHEREAS section 63 of the Municipal Act, 2001, S.O. 2001, c. 25, 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 439(1) of the Municipal Act, 2001, S.O. 2001, c. 25, authorizes municipalities to pass
by-laws providing that any person who contravenes any by-law of the municipality passed under said Act is guilty of
an offence;
AND WHEREAS subsection 439(1) of the Municipal Act, 2001, S.O. 2001, c. 25, provides that where a vehicle is
left parked, stopped or standing in contravention of a by-law under said Act, the owner of the vehicle, even though
the owner was not the driver at the time of the contravention of the by-law, is guilty of an offence and is liable to the
fine prescribed for the offence unless, at the time of the offence, the vehicle was in the possession of some other
person than the owner without the owner's consent;
AND WHEREAS subsection 439(2) of the Municipal Act, 2001, S.O. 2001, c. 25, states that a municipality may
provide for a procedure for the voluntary payment of penalties out of court in cases where it is alleged that a by-law
related to parking, standing or stopping of a vehicle has been contravened;
NOW THEREFORE the Council of the Corporation of the Township of North Kawartha enacts as follows:
Definitions
1. For the purpose of this by-law:
2.
"commercial motor vehicle" means a motor vehicle having attached thereto a truck or delivery
body and includes an ambulance, hearse, casket wagon, fire apparatus, buses and school buses, tow
vehicles, and tractors used for hauling purposes on a highway, and notwithstanding the foregoing
shall include any and all motor vehicles which have a rated gross vehicle weight which exceeds 3
tonnes (3,000 kilograms or 6,614 pounds) according to the current permit or vehicle registration
which has been issued under the Highway Traffic Act, or its foreign equivalent for such vehicle,
regardless of the actual weight of such vehicles, but does not include a vehicle operated by or on
behalf of the Corporation or the Corporation of the County of Peterborough;
"corporation" means the Corporation of the Township of North Kawartha;
"council" means the Council of the Corporation of the Township of North Kawartha;
"crosswalk" means
a) that part of a highway at an intersection that is included within the connections of
the lateral lines of the sidewalks on opposite sides of the highway measured from
the curbs, or, in the absence of curbs, from the edges of the roadway; or
b) any portion of a roadway at an intersection or elsewhere distinctly indicated for
pedestrian crossing by signs or by lines or other markings on the surface;
"curb" includes the edge of a traveled portion of a street or roadway;
"designated parking space" means a parking space designated under section 20 of this by-law for
the sole use of vehicles as a disabled person;
"disabled person" means an individual who is unable to walk unassisted for more than 200 metres
without great difficulty or danger to his or her health or safety;
"equipment" for the purposes of this by-law shall include any object which is towed behind a
vehicle and/or is drawn, propelled or driven by any kind of power, including muscular power;
"highway" includes a common or public highway, street, avenue, boulevard, parkway, driveway,
square, place, bridge, viaduct or trestle, designated and intended for, or used by the general public for
the passage of vehicles;
"identifying marker" when used with respect to parking for disabled persons means the disabled
persons parking permit issued by the Ministry of Transportation under the authority of the Highway
Traffic Act, R.S.O. 1990., c. H.8, as amended;
"licensed passenger vehicle" means a motor vehicle that:
a) is not a commercial motor vehicle;
b) has a valid license from the Ministry of Transport;
c) is designed primarily for the purpose of carrying passengers; and
d) has a rated gross vehicle weight not exceeding 3 tonnes (3,000 kilograms or 6,614 pounds)
according to the current permit or vehicle registration which has been issued under the
Highway Traffic Act, or its foreign equivalent for such vehicle, regardless of the actual
weight of such vehicles;
"loading" means the physical activity of moving merchandise from or to a property or another
vehicle and the physical activity of passengers entering or departing a vehicle;
"motor vehicle" includes an automobile, motorcycle, motor assisted bicycle unless otherwise
indicated by this by-law, and any other vehicle propelled or driven otherwise than by muscular
power, but does not include a street car, or other motor vehicles running only upon rails, or a
motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road
building machine within the meaning of the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as
amended;
"official sign" means a sign approved by Corporation of the Township of North Kawartha;
"park" or "parking" when prohibited means the standing of a vehicle or equipment, whether
occupied or not, except when standing temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or for receiving or discharging passengers;
"pedestrian" means a person on foot, children in wheeled carriages and a person in a wheelchair
powered by muscular power or any other kind of power;
"person" includes any person, firm, partnership, association, corporation, company or organization
of any kind;
"sidewalk" means any municipal walkway, or that portion of a street between the curb line or the
lateral line of a roadway and the adjacent property line, primarily intended for the use of pedestrians;
"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;
"stop" or "stopped" or "stopping" when required, means the complete cessation of movement;
"street" or "highway" includes a common and public highway, street, avenue, parkway, lane, alley,
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 area between the lateral property lines thereof;
"township" means the Township of North Kawartha;
"vehicle" includes a motor vehicle, trailer, traction engine, farm tractor, road building machine and
any vehicle and/or piece of equipment that is drawn, propelled or driven by any kind of power,
including muscular power, but does not include a motorized snow vehicle or the cars of electric or
steam railways running only upon rails.
PART I - PARKING OF VEHICLES PROHIBITED
GENERAL PROHIBITION
2. No person shall park a vehicle, including equipment and/or a commercial vehicle, as respectively defined in this
by-law, on the highways or roadways, or portions thereof, located within the township as are set out in Schedule
"A" to this by-law, such locations being designated as prohibited parking zones.
EXCEPTION - LICENSED PASSENGER VEHICLES
3. Notwithstanding Section 2 above, the parking of licensed passenger vehicles shall be permitted in the locations
and between the dates and times as are set out in Schedule "B" to this by-law, such locations being designated as
permitted parking zones.
NO PARKING - SPECIFIED LOCATIONS
4. Notwithstanding any other provision in this by-law, no person shall park a vehicle in any of the following places
during the specified times:
a)
in such a manner so that any part of the vehicle is situated upon or over a sidewalk at any time of the
day or night;
b) between a sidewalk and the adjacent roadway at any time;
c)
on any boulevard at any time, except where authorized by by-law, enacted under the Municipal Act,
R.S.O. 1990, c. M.45, or the Municipal Act, 2001;
d) on a roadway or shoulder in front of a public or private driveway access or lane at any time;
e)
within an intersection at any time;
f)
within 2 metres of a fire hydrant or where the hydrant is set back from the edge of the roadway, within 2
metres of the point at which the prolongation of the centre line of the hydrant at right angles to the edge
of the roadway intersects such edge at any time;
g)
on a crosswalk at any time;
h) within 6 metres of the nearest crosswalk at an intersection at any time;
i)
on any street in a manner which obstructs traffic at any time;
j)
in a position which will prevent the convenient removal of any other vehicle previously parked at any
time;
k) within 15 metres of any intersection controlled by traffic signals.
NO PARKING - SNOW REMOVAL OPERATIONS
5. Notwithstanding any other provision of this by-law, no person shall park a vehicle or equipment, or permit a
vehicle or equipment to remain parked on any highway within the township:
a) Where the work of removal of snow and/or ice is in progress or may be required; or
b) In such a manner as to interfere with highway clearing works.
NO PARKING - EMERGENCIES OR SPECIAL EVENTS
6. Notwithstanding any other provisions of this by-law, in case of fire, a parade, an assembly of persons, a
congestion of traffic, a construction project or an emergency, parking may be restricted or prohibited by the
Corporation or its authorized representatives or a police officer, and no person shall park a vehicle in
contravention of such restrictions or prohibition where signs have been erected or notice has otherwise been
given in respect of such restrictions or prohibitions, such signs being hereby authorized.
PARKING FOR DISABLED PERSONS
7. When appropriate signs are erected and on display, which signs are hereby authorized, notwithstanding the
provisions of this or any other by-law, no person shall park a vehicle in a parking space hereinafter set out in
Schedule "C" of this by-law, such space being a designated parking space, unless such vehicle is one:
a)
that is operated by or carries a disabled person, and
b)
that is identified by a current original identifying marker; and
c)
that is parked entirely within a designated parking space.
8. An identifying marker, shall be displayed in accordance with the Highway Traffic Act, and the regulations made
thereunder.
PART II - ENFORCEMENT
9. This by-law may be enforced by a Police Officer, Police Cadet, Provincial Offences Officer, a Municipal Law
Enforcement Officer appointed by the council, or the Roads Supervisor for the township.
PENALTY
10. Except where otherwise expressly provided by this by-law or the Highway Traffic Act, R.S.O. 1990, Chap. H.8,
as amended, every person who:
a)
contravenes any provision of this by-law; or
b)
is the owner of a vehicle that is parked or stopped in contravention of any provision of this by-law,
is guilty of an offence and on conviction is liable to any penalty as provided in the Provincial Offences Act,
R.S.O. 1990, Chap. P.33, as amended, and more specifically those penalties set out in Schedule "D" of this by-
law
11. Notwithstanding any other provision of this by-law, any person who contravenes section 7 of this by-law is
guilty of an offence and on conviction is liable to a fine of not less than $300.00.
ILLEGALLY PARKED VEHICLES
12. Where a vehicle has been left parked, stopped or left standing in contravention of this by-law as passed, the
owner of the vehicle, notwithstanding the he or she was not the driver of the vehicle at the time of the
contravention of the by-law, is guilty of an offence and is liable to the fine prescribed for the offence unless, at
the time of the offence, the vehicle was in possession of some person other than the owner without the owner's
consent.
13. In addition to any other penalties prescribed herein, a Police Officer, Police Cadet, Provincial Offences Officer,
or a Municipal Law Enforcement Officer may cause a vehicle parked or left in contravention of this by-law to be
moved or taken to and placed or stored in a suitable place and all costs and charges for removing, care and
storage, if any, are a lien against the said vehicle which may be enforced in the manner provided by the Repair
and Storage Liens Act, R.S.O. 1990, Chap. R.25, as amended.
VOLUNTARY PAYMENT OF PENALTIES
14. Voluntary payment of the penalty shown on a parking infraction notice may be made within ten (10) days after
the alleged violation has occurred by:
a)
Making payment in person at, or mailing payment to, the Township of North Kawartha Municipal
Administration Office, P.O. Box 550, 280 Burleigh Street, Apsley, Ontario K0L 1A0; or
b)
Making payment in person at, or mailing payment to, the Provincial Offences Office, 99 Simcoe
Street, Peterborough, Ontario K9H 2H3; or
15. The amounts which will be accepted for voluntary payment for violations of the provision of this by-law are as
hereinafter set out in Column 3 of Schedule "D" of this by-law, whereas Columns 1 and 2 thereto set out the
offence, and Column 4 thereto sets out the set fine payable upon conviction.
EXECUTIVE ACTS AUTHORIZED
16. The Reeve, Clerk and the Administration are hereby authorized to do all things and the Reeve and Clerk are
hereby authorized to execute on behalf and under the seal of the Corporation any document necessary to give
effect to this by-law.
HEADINGS NOT PART OF BY-LAW
17. The headings in the body of this by-law form no part of the by-law but are inserted for convenience of reference
only.
DEVIATION FROM FORM
18. Where a form or words or expressions are prescribed in any Schedule to this by-law, deviations therefrom not
affecting the substance or calculated to mislead do not vitiate them.
CONFLICT WITH HIGHWAY TRAFFIC ACT
19. In the event of conflict between the provisions of this by-law and the Highway Traffic Act,R.S.O. 1990, Chap.
H.8, as amended, the provisions of the said Act prevail.
SHORT FORM NAME
20. The short form name of this by-law shall be "Township of North Kawartha Parking By-Law".
EFFECTIVE DATE
21. This by-law shall not come into force and take effect until either the one-month anniversary of the date upon
which it is passed by council, or until such time as signs have been erected and are on display in compliance with
the Regulations of the Ministry of Transportation, whichever date is later.
READ A FIRST, SECOND AND THIRD TIME AND PASSED IN OPEN COUNCIL THIS 17TH
DAY OF JUNE, 2008.
__________________________________
REEVE, JIM WHELAN
__________________________________
CLERK, CONNIE PARENT
TABLE OF SCHEDULES
Schedule
Section
Description
A
2
Prohibited Parking Zones
B
3
Permitted Parking Zones
C
7
Designated Parking Spaces
D
10,15
Set Fines Schedule
Schedule "A"
Township of North Kawartha
Parking By-Law
Prohibited Parking Zones
STREET
SIDE
BETWEEN
Anstruther Lake Road
Both
Entire Road Within the Township
Antelope Trail
Both
Entire Road Within the Township
Art Bot Road
Both
Entire Road Within the Township
Ayotte Road
Both
Entire Road Within the Township
Beaver Lane
Both
Entire Road Within the Township
Bedwell Drive
Both
Entire Road Within the Township
Big Cedar Lake Road
Both
Entire Road Within the Township
Boundary Road
Both
Entire Road Within the Township
Bush Road
Both
Entire Road Within the Township
Butler Drive
Both
Entire Road Within the Township
Caldwell Road
Both
Entire Road Within the Township
Chandos-Wollaston Road
Both
Entire Road Within the Township
Chebouteguion Drive
Both
Entire Road Within the Township
Christian Cemetery Road
Both
Entire Road Within the Township
Clydesdale Road
Both
Entire Road Within the Township
Concession #18
Both
Entire Road Within the Township
Coon Lake Road
Both
Entire Road Within the Township
Dick Martin Road
Both
Entire Road Within the Township
Doc Evans Road
Both
Entire Road Within the Township
Don Wilson Road
Both
Entire Road Within the Township
Dunford Road
Both
Entire Road Within the Township
East Concession #4
Both
Entire Road Within the Township
Eels Lake Road
Both
Entire Road Within the Township
Eland Court
Both
Entire Road Within the Township
Everett's Road
Both
Entire Road Within the Township
Fire Route #7
Both
From Northey's Bay Road up the Residence on
the said Northey's Bay Road being marked as
#27
Fire Route #10
Both
Entire Road Within the Township
Fire Route #11
Both
Entire Road Within the Township
Fire Route #16
Both
Entire Road Within the Township
Fire Route #17
Both
Entire Road Within the Township
Fire Route #17A
Both
Entire Road Within the Township
Fire Route #80
Both
Entire Road Within the Township
Fire Route #110
Both
Entire Road Within the Township
Gazelle Trail
Both
Entire Road Within the Township
Glen Alda Road
Both
Entire Road Within the Township
Goodson Road
Both
Entire Road Within the Township
Halliday Road
Both
Entire Road Within the Township
Hall's Road
Both
Entire Road Within the Township
Haultain Road
Both
Entire Road Within the Township
Hobson Road
Both
Entire Road Within the Township
Hogan Lake Road
Both
Entire Road Within the Township
Impala Hills
Both
Entire Road Within the Township
Jack Lake Extension Road
(formerly known as PL Road)
Both
Entire Road Within the Township
Jack White Road
Both
Entire Road Within the Township
Jackson Road
Both
Entire Road Within the Township
James Road
Both
Entire Road Within the Township
Jeff Road
Both
Entire Road Within the Township
John Stone Road
Both
Entire Road Within the Township
Johnson Road
Both
Entire Road Within the Township
Julian Lake Road
Both
Entire Road Within the Township
Knox Point Road
Both
Entire Road Within the Township
Kudu Court
Both
Entire Road Within the Township
Lakeview Crescent
Both
Entire Road Within the Township
Lakeview Road
Both
Entire Road Within the Township
Larwood Drive
Both
Entire Road Within the Township
Lasswade Road
Both
Entire Road Within the Township
Lean Drive
Both
Entire Road Within the Township
Library Road
Both
Entire Road Within the Township
Long Lake Road
Both
Entire Road Within the Township
Mac Bullied Road
Both
Entire Road Within the Township
Max Wilson Road
Both
Entire Road Within the Township
McCauley's Road
Both
Entire Road Within the Township
McColl Road
Both
Entire Road Within the Township
McFadden Road
Both
Entire Road Within the Township
McKay Lake Road
Both
Entire Road Within the Township
Mill Lake Road
Both
Entire Road Within the Township
Mindle Road
Both
Entire Road Within the Township
Moffat Road
Both
Entire Road Within the Township
Montgomery Road
Both
Entire Road Within the Township
Mount Julian Viamede Side
Road
Both
Entire Road Within the Township, Extending to
the Mount Julian Wharf at Stoney Lake
Napier Crescent
Both
Entire Road Within the Township
Newt's Road
Both
Entire Road Within the Township
North Rusaw Road
Both
Entire Road Within the Township
Northey's Bay Road
Both
Entire Road Within the Township
O'Brien Road
Both
Entire Road Within the Township
Oakridge Trail
Both
Entire Road Within the Township
Old Apsley Road
Both
Entire Road Within the Township
Peebles Road
Both
Entire Road Within the Township
Prouty's Road
Both
Entire Road Within the Township
Reid's Road
Both
Entire Road Within the Township
Renwick Road
Both
Entire Road Within the Township
River Street
Both
Entire Road Within the Township
River View Drive
Both
Entire Road Within the Township
Rose Island Road
Both
Entire Road Within the Township
Rusaw Road
Both
Entire Road Within the Township
Sable Court
Both
Entire Road Within the Township
Scott's Road
Both
Entire Road Within the Township
Simeon Crescent
Both
Entire Road Within the Township
Springbok Drive
Both
Entire Road Within the Township
Sylvan Drive
Both
Entire Road Within the Township
Trotter Road
Both
Entire Road Within the Township
Tucker Road
Both
Entire Road Within the Township
Tucker Street
Both
Entire Road Within the Township
Tucker Street North
Both
Entire Road Within the Township
Warner's Road
Both
Entire Road Within the Township
West Bay Road
Both
Entire Road Within the Township
West Concession #4
Both
Entire Road Within the Township
West Eels Lake Road
Both
Entire Road Within the Township
Whitmore Road
Both
Entire Road Within the Township
William Wease Road
Both
Entire Road Within the Township
Windsor Road
Both
Entire Road Within the Township
Schedule "B"
Township of North Kawartha
Parking By-Law
Permitted Parking Zones
STREET
SIDE
BETWEEN
Schedule "C"
Township of North Kawartha
Parking By-Law
Designated Parking Spaces
STREET
NUMBER
OF
SPACES
LOCATION OF SPACE(S)
Schedule "D"
Township of North Kawartha
Parking By-Law
Set Fine Schedule
THE CORPORATION OF THE TOWNSHIP OF NORTH KAWARTHA
PART II Provincial Offences Act
By-law #50/08 For The Regulation Of Parking Within The Township Of North Kawartha
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Offence creating
provision or
Defining Offence
COLUMN 3
Voluntary Payment
Payable within 10 days
COLUMN 4
Set Fine
1.
Parking Where Prohibited
Section 2
$ 20.00
$ 30.00
2.
Park on a Sidewalk
Section 4(a)
$ 20.00
$ 30.00
3.
Park Between Sidewalk and
Adjacent Roadway
Section 4(b)
$ 20.00
$ 30.00
4.
Park on a Boulevard
Section 4(c)
$ 20.00
$ 30.00
5.
Park in front of Private Driveway Section 4(d)
$ 20.00
$ 30.00
6.
Park in or in Front of Public Lane Section 4(d)
$ 20.00
$ 30.00
7.
Park within an Intersection
Section 4(e)
$ 20.00
$ 30.00
8.
Park too Close to Hydrant
Section 4(f)
$ 20.00
$ 30.00
9.
Park in a Crosswalk
Section 4(g)
$ 20.00
$ 30.00
10.
Park too Close to Crosswalk
Section 4(h)
$ 20.00
11.
Park on Any street in such a
manner as to obstruct traffic
Section 4(i)
$ 20.00
$ 30.00
11.
Park in such a position as will
prevent the removal of any other
vehicle previously parked or
standing
Section 4(j)
$ 20.00
$ 30.00
13.
Park too Close to Intersection
Controlled by Traffic Signals
Section 4(k)
$ 20.00
$ 30.00
14.
Park in such a manner as to
interfere with snow/ice removal
and/or road clearing works
Section 5
$ 20.00
$ 30.00
15.
Park Contrary to Emergency Signs Section 6
$ 20.00
$ 30.00
16.
Park in Designated Parking Space Section 7
$300.00
$450.00
Note:
The penalty provision for the offences indicated above is Section 10 of By-law #50/08, a certified
copy of which has been filed.