This is the exact embedded text of the captured official document.
Snapshot 7f96e7cad18d · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
By-law No. 2014-094
Unauthorized Parking By-law
Part I. Preamble and Interpretation ........................................................ 3
Short Title .................................................................................................. 3
Purpose ...................................................................................................... 3
Scope ........................................................................................................ 4
Part II. Interpretation ............................................................................. 4
Headings .................................................................................................... 4
References to Applicable Law ........................................................................ 4
Definitions .................................................................................................. 4
Part III. General ...................................................................................... 5
Parking Regulations ..................................................................................... 5
Accessible Parking Spaces ............................................................................. 5
Part of Motor Vehicle .................................................................................... 5
Part IV. Penalty and Enforcement ............................................................ 5
Enforcement ............................................................................................... 5
Removal of a Vehicle .................................................................................... 5
Penalty ...................................................................................................... 5
Part V. Conflict and Transition ................................................................. 5
Conflict ...................................................................................................... 5
Terms Severable ......................................................................................... 6
Repeal ....................................................................................................... 6
Enactment .................................................................................................. 6
Consolidated Version
Revised August 14, 2018
Amended By By-law:
Passed On:
2014-094 (Original)
May 26, 2014 (Passed)
July 7, 2014 (Enacted)
2014-164
September 22, 2014
2015-060
April 27, 2015
2015-069
May 11, 2015
2015-155
November 2, 2015
2015-169
November 30, 2015
2016-008
January 25, 2016
2016-104
July 11, 2016
2016-111
July 25, 2016
2016-149
October 17, 2016
2018-124
August 13, 2018
Consolidated for Convenience Only
This is a consolidation copy of a City of Owen Sound By-law for convenience and information.
While every effort is made to ensure the accuracy of this by-law, it is not an official version or a
BY-LAW NO. 2013 - 089
PAGE 2
legal document. The original by-law should be consulted for all interpretations and applications
on this subject. For more information or to view by-laws please contact the Clerks Department.
The Corporation of the City of Owen Sound
By-Law No. 2014-094
A By-law to Regulate Unauthorized Parking, Parking in Fire
Routes and Accessible Parking Spaces
WHEREAS sections 100, 100.1 and 101 of the Municipal Act, 2001, S.O. 2001, c. 25
provide that a municipality may pass a by-law to regulate parking or leaving of
motor vehicles on land used as a parking lot or otherwise without the consent of
the owner including the removal and impounding of any vehicle, at the vehicle
owner's expense, which is parked or left in contravention of the by-law; and
WHEREAS sections 102 of the Municipal Act, 2001 S.O. 2001, c. 25 provides that
where a municipality requires owners of parking lots to provide parking spaces for
vehicles with accessible parking permits, it shall prescribe the conditions for using
the permit and prohibit improper use of the permit by by-law, and may provide for
the removal and impounding of vehicles parked or left in contravention of said by-
law; and
WHEREAS section 7.1 of the Fire Protection and Prevention Act, 1997, S.O. 1997, c.
4 provides that a municipality may pass by-laws designating private roads as fire
routes along which parking of vehicles is prohibited and providing for the removal
and impound of vehicles parked or left along the fire routes; and
WHEREAS section 15 of the Police Services Act, R.S.O. 1990, c. P. 15 provides that
a municipal council may appoint persons to enforce by-laws of the municipality; and
WHEREAS the Council of the Corporation of the City of Owen Sound (the "City")
passed By-law No. 1990-092 regulating motor vehicle parking on private property,
By-law No. 1993-018 regulating accessible off-street parking and By-law No. 2009-
086 designating and restricting parking in fire routes; and
WHEREAS on May 12, 2014, City Council passed Resolution R-140512-014 to enact
this by-law in place of By-law No. 1990-092, By-law No. 1993-018 and sections 7
and 8 of By-law No. 2009-086;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF OWEN
SOUND HEREBY ENACTS AS FOLLOWS:
Part I. Preamble and Interpretation
Short Title
1.
This by-law shall be known as the "Unauthorized Parking By-law".
Purpose
2.
This by-law has been enacted to:
a.
provide recourse when a Motor Vehicle is parked on property without
the consent of the Owner;
b.
ensure that Designated Fire Routes are clear for emergency use;
c.
ensure that Designated Accessible Parking Spaces are available for
persons with a disability.
Page 4
By-law No. 2014-094
Scope
3.
This by-law shall apply to:
a.
all persons, except police, fire, emergency medical service or City
personnel while actually engaged in the execution of their duties, and
b.
all properties, Designated Fire Routes and Designated Accessible
Parking Spaces in the City.
Part II. Interpretation
Headings
4.
The division of this by-law into parts and the insertion of headings are for
convenient reference only and shall not affect interpretation of the by-law.
References to Applicable Law
5.
All references to applicable law are ambulatory and apply as amended from
time to time.
Definitions
6.
For the purposes of this by-law:
"Accessibility for Ontarians with Disabilities Act, 2005" means the
Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11;
"City" means the City of Owen Sound and a reference to the City is a
reference to the geographical area of the City of Owen Sound or to the
Corporation of the City of Owen Sound as the context requires;
"Designated Accessible Parking Space" means a parking space set aside for
the use by persons with a disability displaying a valid accessible parking
permit issued under the Highway Traffic Act;
"Designated Fire Route" means public or private land which is designated as
a fire route under the City of Owen Sound Fire Route By-law;
"Enforcing Officer" means and includes the Chief of the Owen Sound Fire and
Emergency Services Department or their designate, a Police Officer of the
Owen Sound Police Service, or the Chief Building Official, a By-law
Enforcement Officer or a Parking Enforcement Officer appointed by the City;
"Highway Traffic Act" means the Highway Traffic Act, RSO 1990, c H.8;
"Motor Vehicle" has the same meaning as in the Highway Traffic Act;
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c. 25;
"Owner" means the registered owner of the land and includes a lessee,
mortgagee in possession, and the person in charge of the property, acting as
the authorized agent of the owner;
"Park" or "Parking" has the same meaning as in the Highway Traffic Act;
"Provincial Offences Act" means Provincial Offences Act, R.S.O. 1990, c.
P.33;
"Parking Lot" means an area on public or private property, other than a
highway, designated or intended for the public to Park Motor Vehicles,
whether on payment of a fee or otherwise;
"Repair and Storage Liens Act" means the Repair and Storage Liens Act,
R.S.O. 1990, c. R.25; and
Amended by By-law No. 2014-094
"Special Parking Enforcement Officer" means an individual who is appointed
by Council to enforce certain provisions of this by-law at specified locations
as set out in the Appointed Officers By-law."
Page 5
By-law No. 2014-094
Part III. General
Parking Regulations
7.
No person shall Park a Motor Vehicle:
a.
without the consent of the owner; or
b.
contrary to signs which prohibit Parking or state conditions on which a
Motor Vehicle may be Parked.
8.
No person shall Park a Motor Vehicle in a Designated Fire Route.
9.
No person shall Park a Motor Vehicle in a Designated Accessible Parking
Space without a valid accessible parking permit issued and displayed in
accordance with the Highway Traffic Act and the regulations made under it.
Accessible Parking Spaces
10.
All Designated Accessible Parking Spaces shall:
a.
be clearly marked by the placement of a sign in accordance with the
Highway Traffic Act and the regulations made under it; and
b.
conform to the standards set out in the Accessibility for Ontarians with
Disabilities Act, 2005 and the regulations made under it.
Part of Motor Vehicle
11.
Where any portion of a Motor Vehicle is Parked in contravention of this by-
law the entire Motor Vehicle shall be deemed to be parked in contravention of
this by-law.
Part IV. Penalty and Enforcement
Enforcement
12.
Any Enforcing Officer may enforce the provisions of this by-law.
13.
Any Enforcing Officer may enter on land at any reasonable time for the
purpose of carrying out an inspection to determine is this by-law is being
complied with.
Amended by By-law No. 2016-149 and By-law No. 2018-124
14.
Specially Appointed By-law Enforcement Officers may enforce sections 7, 8, 9
and 10 of this by-law at the authorized locations of enforcement set out in
Schedule A - Authorized Special Parking Enforcement Locations.
Removal of a Vehicle
15.
Any Owner or Enforcing Officer may remove and impound a Motor Vehicle
Parked in contravention of this by-law.
16.
All costs and charges for the removal, care and storage of a Motor Vehicle
that is removed and impounded under section 15 of this by-law shall be paid
by the owner thereof and shall be a lien against the Motor Vehicle which may
be enforced in the manner provided by the Repair and Storage Liens Act.
Penalty
17.
Any person, organization or business who contravenes the provisions of this
by-law is guilty of an offense and, upon conviction, is subject to the penalty
set out in the Provincial Offences Act.
Part V. Conflict and Transition
Conflict
18.
In the event the provisions of this by-law are inconsistent with the provisions
of the Municipal Act, 2001 its Regulations or any other Act or Regulation, the
provisions of the Act or Regulation shall prevail.
Page 6
By-law No. 2014-094
Terms Severable
19.
The terms and provisions of this by-law shall be severable and should any
term or provision be found by a court of competent jurisdiction to be legally
unenforceable, inoperative or invalid, the remainder of the by-law shall
continue to be in full force and effect.
Repeal
20.
By-laws 1990-092 and 1993-018 are hereby repealed.
21.
Sections 7 and 8 of by-law 2009-086 are hereby repealed.
Enactment
22.
This by-law shall come into full force and effect on receipt of a Set Fine Order
under the Provincial Offences Act R.S.O. 1990 at which time all by-laws,
policies and resolutions that are inconsistent with the provisions of this by-
law are hereby repealed or rescinded insofar as it is necessary to give effect
to the provisions of this by-law.
FINALLY PASSED this 26th day of May, 2014.
Signature on File
Mayor Deborah A Haswell
Signature on File
Kristen M. Van Alphen, City Clerk
Page 7
By-law No. 2014-094
Schedule A - Authorized Special Parking Enforcement Locations
Authorized Location of Special Parking Enforcement
Heritage Place Mall,
1350 16th Street East,
Owen Sound, ON
Grey Bruce Health Services
1800 8th Street East,
Owen Sound, ON
Harry Lumley Bayshore Community Centre
1900 3rd Avenue East,
Owen Sound, ON
Women's House Serving Bruce & Grey
229 10th Street East,
Owen Sound, ON
Professional Center
945 3rd Avenue East,
Owen Sound, ON