Traffic and Parking By-law 6604/05 (consolidated to By-law 8098/24)
Pickering, Ontario
· adopted 2005-12-19
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The Corporation of the City of Pickering
By-law No. 6604/05
Being a by-law to regulate traffic and parking on highways,
private property and municipal property within the City of
Pickering.
Whereas, pursuant to the Municipal Act, 2001 and the Highway Traffic Act, by-laws may be
passed by the councils of municipalities to regulate traffic and parking on highways, private
property and municipal property.
Now therefore, the Council of The Corporation of the City of Pickering hereby enacts as
follows:
Interpretation
1.
In this by-law:
(a)
"AODA" means the Accessibility for Ontarians with Disabilities Act, 2005, S.O.
2005, c. 11 and any regulations passed under it;
(b)
"authorized sign" means a sign or other device placed or erected on a
highway or elsewhere pursuant to the provisions of this by-law and includes
official signs;
(c)
"boulevard" means all parts of a highway except any roadway, shoulder or
sidewalk;
(d)
"City" means the Corporation of the City of Pickering;
(e)
"Director" means the City's Director, Engineering Services or a designate;
(f)
"driveway" means improved land on a highway which provides vehicular
access from a roadway to a laneway or a parking area on adjacent land;
(g)
"driveway apron" means the hard surfaced portion of the boulevard in front of
and leading from the travelled portion of the roadway to a private residential
driveway;
(h)
"emergency vehicle" has the same meaning as in section 144 of the HTA;
(i)
"highway" has the same meaning as in subsection 1(1) of the HTA and
includes unopened and unassumed road allowances;
(j)
"HTA" means the Highway Traffic Act, R.S.O. 1990, c. H.8 and any regulations
passed under it;
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(k)
"holiday" has the same meaning as in subsection 29(1) of the Interpretation
Act, R.S.O. 1990, c.I.11;
(l)
"laneway" means improved land adjacent to a highway which provides access
from the highway to adjacent property and includes routes constructed for the
purposes of providing site access for emergency vehicles, maintenance
vehicles, pedestrians and/or stormwater management;
(m)
"municipal property" means property of the City or any board of the City;
(n)
"operative" means a vehicle that is ready for immediate use. This includes but
is not limited to: valid plates, insurance, in running condition, and is not
outwardly in a state of disrepair, or incapable of being operated on the road
immediately;
(o)
"parking space" means that part of the surface of a roadway, municipal
property or private property designated by painted lines for the purpose of
parking a vehicle;
(p)
"pedestrian" means a person on foot or using a mobility device such as a
wheelchair, scooter, baby carriage, or stroller;
(q)
"shoulder" means that part of a highway immediately adjacent to the travelled
portion of the roadway and having a surface that has been improved with
asphalt, concrete or gravel for the use of vehicles.
(r)
"sidewalk" means that part of a highway set aside for the use of pedestrians or
used by the general public for the passage of pedestrians;
2.
Unless the term is otherwise defined in this by-law, terms defined in subsection 1(1)
of the HTA shall have the same meanings when used in this by-law.
3.
Unless the term is otherwise defined in this by-law, terms defined in the AODA shall
have the same meanings when used in this by-law.
4.
Where any expression of time occurs or where any hour or other period of time is
stated in this by-law, the time referred to shall be Eastern Standard Time except in
periods when Daylight Saving Time is in effect, in which periods it shall be Daylight
Saving Time.
5.
The Schedules referred to in this by-law shall form part of this by-law and each entry
in a column of a Schedule shall be read in conjunction with the entry or entries across
from it.
6.
Unless otherwise specified, references in this by-law to sections, subsections,
clauses and Schedules are references to sections, subsections, clauses and
Schedules in this by-law.
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Page 3
7.
If a court of competent jurisdiction declares any section or any part of any section of
this by-law to be invalid or to be of no force or effect, it is the intention of the City that
every other provision of this by-law be applied and enforced in accordance with its
terms to the extent possible according to law.
8.
The distances identified in the Schedules shall be determined by measuring from the
extension of the nearest curb line or, if there is no curb, from the nearest edge of the
pavement.
General
9.
The Director is authorized to:
(a)
place, erect and maintain such signs as are required to give effect to the
provisions of this by-law;
(b)
designate a highway or portion of a highway as a construction zone;
(c)
designate the rate of speed for motor vehicles driven in a construction zone;
(d)
designate any highway or portion of highway that is adjacent to a school as a
"U" turn prohibited area;
(e)
temporarily place "No Parking" or "No Stopping" signs to temporarily create
"No Parking" or "No Stopping" on any highway;
(f)
temporarily designate accessible parking spaces to create temporary
accessible parking on-any highway or City maintained off-street parking
facility.
10.
No person shall place, maintain or display on any highway, any sign, marking or
device, which purports to be or is an imitation of or resembles an authorized sign or
an official sign.
General Stopping and Parking Restrictions
11.
No person shall park or stop any vehicle on any highway except:
(a)
where there is a curb on the right side of the roadway having regard to the
direction such vehicle was proceeding, with the right front and right rear
wheels parallel to and not more than 15 centimetres out from such curb; or
(b)
where there is no curb with the right front and right rear wheels parallel to, and
as near to the right hand limit of the highway as is practicable without parking
or stopping on or over a sidewalk, footpath or boulevard.
12.
No person shall park or stop any vehicle:
(a)
except wholly within a parking space;
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(b)
so as to occupy more than one parking space; or
(c)
in such a manner that will prevent other persons from utilizing adjacent parking
spaces or obstruct the flow of traffic.
13.
(1)
In this section:
(a) "bus stop" means that part of the highway designated by a sign where
buses will stop to take on or let off passengers; and
(b) "crosswalk" has the same meaning as in subsection 1(1) of the HTA and
includes pedestrian crossovers and school crossings.
(2)
No person shall stop any vehicle on any highway:
(a)
on or over a sidewalk, footpath, access aisle, or accessible path of
travel;
(b)
within an intersection or crosswalk;
(c)
within 10 metres of a crosswalk or where authorized signs to that affect
are erected within a distance of up to 30 metres of a crosswalk;
(d)
while salt or sand is being applied to or when snow is being ploughed or
removed from any highway in the City;
(e)
in such a manner as to interfere with seasonally required road
maintenance activities, including snow ploughing and or removal,
sanding, salting and sweeping;
(f)
on the roadway alongside of any stopped or parked vehicle;
(g)
upon any bridge or elevated structure or within any tunnel or underpass;
(h)
on any median strip separating two roadways or adjacent to either side
or ends of such median strip;
(i)
in a bus stop, except to temporarily stop for the purpose of and while
actively engaged in loading or unloading passengers when such
stopping does not interfere with any bus;
(j)
alongside or across a highway from any excavation or obstruction in the
roadway where the free flow of traffic would thereby be impeded; or
(k)
in such a manner as to interfere with the movement of traffic or
pedestrians.
14.
Where authorized signs that clearly indicate the regulation have been installed, no
person shall stop a vehicle on a highway between the hours of 8:30 a.m. and
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4:30 p.m., Monday to Friday inclusive, on either side of a highway or portion of a
highway that is adjacent to a school.
15.
No person shall park any vehicle on a highway:
(a)
within 1 metre of a driveway or laneway or so as to obstruct vehicles in the use
of the driveway or laneway;
(b)
within 3 metres of a point on the curb or edge of the roadway adjacent to any
fire hydrant;
(b.1) within a distance of 3 metres of a supermailbox or transit stop;
(c)
within 10 metres of an intersecting roadway or where authorized signs to that
affect are erected within a distance of up to 30 metres of an intersection;
(d)
for the purpose of displaying the vehicle for sale;
(e)
for the purpose of washing, greasing or repairing the vehicle except for such
repairs as have been necessitated by an emergency;
(f)
alongside the tracks of any railway;
(g)
within 30 metres of the approach side of the nearest rail of any level crossing
of a railway;
(h)
within 15 metres of the leaving side of the nearest rail of any level crossing of
a roadway;
(i)
on any boulevard except on a Driveway Apron provided that the vehicle is
Operative, not encroaching into the travelled portion of the roadway, into the
sidewalk, or on the grassed portion of the boulevard, and this section shall
allow Driveway Apron parking either perpendicular or parallel to the roadway.
In addition, a vehicle may park on a boulevard at the locations specified and in
accordance with the specific time limits set forth in Schedule 13 of this by-law;
(j)
for a period longer than three (3) hours;
(k)
within the turning circle of a cul-de-sac;
(l)
within 15 metres of the end of the roadway on a dead end highway;
(m)
without a valid licence plate attached, unless the vehicle does not require a
licence plate in accordance with the HTA; or
(n)
between the hours of 2:00 a.m. and 5:00 a.m. commencing on December 1st of
each year and ending on March 31st of each year.
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Page 6
16.
Where authorized signs that clearly indicate the regulation have been installed, no
person shall park any vehicle on:
(a)
private property without the consent of the owner or occupant of such property;
or
(b)
any roadway or laneway on private property marked as a fire route by a sign
displaying the information "No Parking" or a symbol in lieu thereof and the
words "Fire Route".
17.
(1)
No person shall park or stop any vehicle on municipal property where, by
means of one or more authorized signs, it is indicated that parking or
stopping is not permitted.
(2)
Where authorized signs which clearly indicate the regulation have been
installed, no person shall park on municipal property between the hours of
1:00 a.m. and 5:00 a.m.
18.
Where authorized signs that clearly indicate the regulation have been installed, no
person shall park any vehicle:
(a)
within 30 metres of a Regional road on an intersecting highway under the
jurisdiction of the City;
(b)
on any highway within 8 metres of any fire hall on the side of the highway on
which the fire hall is located or within 30 metres of such fire hall on the
opposite side of the highway; or
(c)
on either side of a highway or portion of a highway which is immediately
adjacent to a park or playground.
19.
Nothing in sections 11 through 19 shall be deemed to permit the stopping or parking
of a vehicle where stopping or parking is prohibited.
Stopping Prohibitions on Specific Highways
20.
Where authorized signs that clearly indicate the regulation have been installed, no
person shall stop a vehicle on any highway on that side and between those limits set
out in Columns 1, 2 and 3 of Schedule 1 during the prohibited times or days set out in
Column 4 of Schedule 1.
Parking Prohibitions on Specific Highways
21.
Where authorized signs that clearly indicate the regulation have been installed, no
person shall park a vehicle on any highway on that side and between those limits set
out in Columns 1, 2 and 3 of Schedule 2 during the prohibited times or days set out in
Column 4 of Schedule 2.
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Commercial/Oversized Vehicles
22.
(1)
In this section, "commercial/oversized vehicle" means any vehicle, or a
combination of a vehicle and a trailer that exceeds 6.7 metres in length or has
more than 4 wheels and is designed or operated for a commercial purpose.
(2)
No person shall park any commercial/oversize vehicle on any highway unless
the commercial/oversize vehicle is actually engaged in the loading and
unloading, delivery and receipt of goods, wares, merchandise or passengers
to adjacent premises.
School Bus Loading Zones
23.
Where authorized signs that clearly indicate the regulation have been installed, no
person shall stop a vehicle, other than a school bus actually engaged in the receiving
or discharging of school children, in any school bus loading zone on any highway on
that side and between those limits set out in Columns 1, 2 and 3 of Schedule 3 during
the prohibited times and days set out in Column 4 of Schedule 3.
Accessible Parking
24.
(1)
In this section:
(a)
"accessible parking permit" has the same meaning as in Reg. 581,
R.R.O. 1990 as amended in O. Reg. 419/12;
(b)
"accessible parking space" means a parking space identified by an
official sign for the exclusive use of a vehicle displaying an accessible
parking permit;
(c)
"dwelling" shall mean a building or part of a building containing one or
more dwelling units, but does not include a mobile home or trailer;
(d)
"dwelling unit" shall mean one or more habitable rooms occupied or
capable of being occupied as a single, independent and separate
housekeeping unit containing a separate kitchen and sanitary facilities;
(e)
"person with a disability" has the same meaning as in section 1 of
Reg. 581, R.R.O. 1990, as amended in regulation O. Reg. 419/12;
(f)
"parking lot" means any parking lot or other parking facility, to which the
public has access, whether on payment of a fee or otherwise, for the
purpose of parking vehicles;
(g)
"temporary accessible parking" means a parking space, on-street or
off-street, that has been temporarily designated as an accessible parking
space by the Director.
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Page 8
(2)
An accessible parking permit issued to an individual is not valid when
displayed on a vehicle that is not being used to pick up, drop off, or otherwise
transport the holder of the accessible parking permit.
(3)
An accessible parking permit issued to a corporation or organization is not
valid when displayed on a vehicle that is not being used to pick up drop off, or
otherwise transport a person with a disability.
(4)
An accessible parking permit shall be displayed on the sun visor or on the
dashboard of a vehicle so that; the International Symbol of Access for the
disabled, the permit number and the expiry date of the permit are clearly
visible from the outside of the vehicle.
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Page 9
(5)
Every owner and operator of a parking lot shall provide a minimum number of
accessible parking spaces therein in accordance with the following:
(a)
Minimum Number of Accessible Parking Spaces
Total number of parking
spaces provided
Required Type 'A'
Spaces*
Required Type 'B'
Spaces*
1-25
1
0
26-50
1
1
51-75
1
2**
76-100
2
2
101-133
2
3*
134-166
3
3
167-250
3
4*
251-300
4
4
301-350
4
5*
351-400
5
5
401-450
5
6*
451-500
6
6
501-550
6
7*
551-600
7
7
601-650
7
8*
651-700
8
8
701-750
8
9*
751-800
9
9
801-850
9
10*
851-900
10
10
900-950
10
11*
951-1000
11
11
1001 and over
11 spaces plus 1% of the total number of spaces
(rounded up to the next whole number), to be divided
equally between Types 'A' and 'B'. If an uneven
number of spaces is required, the extra space may be
Type 'B'
*Where Type 'A' spaces have a minimum width of 3.4 metres and a Type 'B'
space has a minimum width of 2.4 metres
**Where an uneven number of accessible parking spaces are required, the extra
Type 'B' space may be changed to a Type 'A' space
(b)
A minimum of 10 percent of the required parking spaces for a medical
office established after December 12, 2016 must comply with the
minimum dimensions for accessible parking space and any accessible
parking spaces lawfully existing on the lot must be retained.
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(c)
The City may require accessible parking spaces which exceed the
number prescribed in subsection 5(a) should the use on site necessitate
additional spaces. Such spaces shall be a size approved by the City.
(6)
For the purpose of calculating the required minimum number of accessible
parking spaces for multi-unit residential developments consisting of 10 or more
dwelling units, the requirements of subsection (5) shall be applied only to the
visitor parking provided for the development.
(7)
Subsection (5) shall not apply to residential developments consisting of less
than 10 dwelling units.
(8)
Each accessible parking space shall:
(a)
be hard surfaced;
(b)
have the International Symbol of Access painted in white or yellow paint
overlaid on a bright blue background with a white or yellow border, with
a minimum size of 1.4 metres in width and 1.4 metres in length;
(c)
have the width of either a Type 'A' or Type 'B' accessible parking space
or another size approved by the City;
(d)
have an access aisle that has a minimum width of 1.5 metres and
extends the full length of an accessible parking space, and marked with
diagonal lines;
(e)
be levelled;
(f)
have a minimum length of 5.3 metres;
(g)
have a minimum vertical clearance of 2.75 metres;
(h)
be located so sidewalks, paths, accessible access aisles or walkways
will be accessible to persons with a disability whether via ramps, aisles,
depressed curbs, or other appropriate means without requiring a person
to pass behind parked cars or cross a traffic lane;
(i)
be located with sufficient clearance around the vehicle in terms of other
vehicles or obstacles such as light standards and waste receptacles to
permit free access by a wheelchair;
(j)
be identified by the official sign to be mounted with the base no more
than 2.0 metres above grade; and
(k)
be located in a place approved by the City.
By-law No. 6604/05
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(9)
Where the City permits a gravel surfaced parking space, each accessible
parking space shall:
(a)
be identified with a pre-cast bumper curb across its entire width painted
bright blue and securely anchored in place; and
(b)
meet the requirements of clauses (e) through (k) inclusive of subsection
(8).
(10)
No person shall park a vehicle in an accessible parking space unless:
(a)
the vehicle is displaying a valid accessible parking permit; and
(b)
the vehicle is being operated by or is transporting the person with a
disability to whom the accessible parking permit has been issued.
(11)
No person shall stop a vehicle in a manner that obstructs an accessible
parking space, accessible access aisles, or accessible path of travel.
(12)
Where the City permits a temporary accessible parking space, each
accessible parking space shall:
(a)
be identified with an official sign and placed on a post, temporary or
permanent, no more than 2 metres above grade; and
(b)
meet the requirements of clauses (g) through (k) inclusive of subsection
(8).
(13)
Nothing in this by-law shall prevent the maintenance and use of an accessible
parking space that is not in compliance with Section 24 of this by-law after
December 12, 2016; provided that it was lawfully constructed and continues to
be maintained as it was constructed.
Permit Parking
25.
(1) In this section, the term "parking permit" means a permit issued by the City for
the purpose of allowing on-street parking, or parking within a City parking lot,
subject to the conditions of the permit; and.
"City parking lot" means any parking lot owned and/or operated by the City
(2)
A parking permit may be issued, with applicable conditions and/or fees, as
follows:
a) To a resident of the City who pre-registers for a parking permit to access
parking on waterfront streets or in city parking lots (see Schedule 4 for
locations), or
By-law No. 6604/05
Page 12
b) To one resident of a specific address as listed on Schedule 4, which has
been authorized for on-street parking due to the absence of off-street
parking, or
c) To any person, upon payment of the applicable fee, for use in the locations
outlined in Schedule 4.
(3)
Parking permits may be electronic, with no requirement to display a physical
permit in the vehicle, depending on the type of permit issued and the
conditions of the permit.
(4)
Where authorized signs that clearly indicate the regulation have been installed,
no person shall park on any highway or in a City parking lot identified in
Schedule 4 as a permit parking area, without a valid parking permit.
(5)
No person shall use a parking permit in a manner or for a purpose not
provided for in this section.
(6)
Where required as a condition of the permit, a parking permit shall be
displayed on the sun visor or on the dashboard of the vehicle parked on the
street named on the parking permit, so that the parking permit is readily visible
from the outside of the vehicle.
(7)
A parking permit shall be valid of the time prescribed for the permit unless it
has been cancelled pursuant to subsections (8) or (9)
(8)
A parking permit shall be cancelled by the City where:
(a)
it was issued on false or mistaken information; or
(b)
the person to whom it is issued ceases to be a resident of Pickering.
(9)
A parking permit issued under subsection 2(b) shall be cancelled by the City
where,
(a)
The person to whom it is issued ceases to be an occupant of an
address named in Schedule 4; or
(b)
It was issued based on false or mistaken information; or
(c)
A valid parking permit has already been issued to an occupant of the
same address.
(10)
Notwithstanding the provisions of any section of this by-law, the owner of a
vehicle on which a valid parking permit issued under subsection 2(b) is
displayed, is exempt from Sections 15(j) and (n) of this by-law where the
vehicle is parked within the designated Permit Parking area on the street
named on the permit.
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(11)
A vehicle bearing an accessible parking permit, or a Veteran's license plate
are exempt from the provisions of subsection (4), however, such a vehicle
remains subject to a maximum six hour time limit.
Turning Movement Prohibited
26.
(1)
No vehicle in any intersection or portion of highway set out in Column 1 of
Schedule 5 proceeding in the direction or emerging from a property set out
in Column 2 of Schedule 5, shall be turned in the direction set out in
Column 3 of Schedule 5 during the times or days set out in Column 4 of
Schedule 5.
(2)
Where authorized signs that clearly indicate the regulation have been installed,
no person shall at any time make a "U" Turn upon any highway or portion of
highway that is adjacent to a school.
Through Highways
27.
(1)
The highways set out in Schedule 6 are designated as through highways for
the purposes of the HTA.
(2)
The designation in subsection (1) of a highway or portion of highway as a
through highway shall not include any intersection where the highway
intersected is a King's highway or where traffic control signals are installed.
Stop Signs
28.
The erection of stop signs is authorized at each of the intersections set out in
Column 1 on the highway approaches as identified in Column 2 of Schedule 7.
Yield Signs
29.
The erection of yield right-of-way signs is authorized at each of the intersections set
out in Column 1 on the highway approaches as identified in Column 2 of Schedule 8.
Rate of Speed
30.
No person shall drive a vehicle at a rate of speed greater than 50 km/h unless
otherwise posted.
31.
Where any highway or portion of highway set out in Schedule 9 is signed in
compliance with the regulations under the HTA, the maximum rate of speed thereon
shall be the rate of speed prescribed in Schedule 9.
Heavy Vehicles
32.
(1)
In this section, "heavy vehicle" means a vehicle, object or contrivance for
moving loads, having a gross weight, including vehicle, object or
contrivance and load, in excess of 4,500 kilograms but does not include
By-law No. 6604/05
Page 14
emergency vehicles, school purpose vehicles or any vehicle operated by or
on behalf of the City, regardless of weight, while on City business.
(2)
Heavy vehicles are prohibited on highways or parts of highways set out in
Column 1 of Schedule 10 between the limits set out in Column 2 of
Schedule 10.
(3)
Subsection (2) shall not apply to the use of highways or parts of highways for
deliveries to or removals from any premises abutting the highway that cannot
be reached except by way of the highway or a portion of highway.
(4)
The Director is authorized to issue permits for the movement on highways
under the jurisdiction of the City of vehicles, loads, objects or structures which
are in excess of the dimensional limits set out in Part VII of the HTA or the
weight limits set out in Part VIII of the HTA.
Community Safety
33.
(1)
In this section, "community safety zone" has the same meaning as in the HTA.
(2)
Where authorized signs are displayed, highways and sections of highways as
described in Columns 1 and 2 of Schedule 14 are designated as community
safety zones during the prohibited times and days as set out in Column 3 of
Schedule 14.
Reduced Load Highways
34.
For the purposes of subsections 122(1), (2) and (3) of the HTA, the reduced load
period shall be that period commencing on March 1st of each year and ending on
April 30th of each year.
35.
The reduced load period designation shall apply to all highways save and except
those highways or portions of highways set out in Schedule 12.
Retail Sales
36.
(1)
No person shall sell or offer for sale by retail any goods, wares, merchandise,
produce, food or other edible substance or beverage within the limits of any
highway.
(2)
Any person who has the authority to enforce this by-law who has reason to
believe that any object or thing referred to in subsection (1) is placed or left on
any highway in contravention of this by-law, may cause the object or thing to
be removed and taken to and stored in a suitable place and all costs and
charges for such removal and storage shall be a lien upon it which may be
enforced in the manner provided by the Repair and Storage Liens Act, R.S.O.
1990 c. R.25
By-law No. 6604/05
Page 15
(3)
If there is a person in charge of the object or thing referred to in subsection (1),
the person authorized to enforce this by-law shall produce appropriate
identification and inform the person that the object or thing is on a public
highway contrary to by-law and shall give a receipt to the person for the
objects or things removed.
(4)
Any object or thing removed and stored in accordance with subsection (2) and
not claimed by the owner within sixty (60) days shall become the property of
the City and may be sold and the proceeds shall form part of the general funds
of the City.
(5)
Notwithstanding subsections (2) and (4), anything that is perishable shall
become the property of the City immediately upon being removed and may be
destroyed or given to any charitable institution.
(6)
None of the provisions of this section shall apply to any retail activity in respect
of which the City has issued a licence.
Highway Obstructions
36.1 (1)
In this section, "obstruction" means any basketball net, hockey net, skateboard
ramp or any other object that can interfere with or obstruct the safe passage of
vehicular traffic on a highway.
(2)
No person shall leave unattended any obstruction on any highway.
(3)
The City may remove any obstruction from a highway and store it in a suitable
place.
(4)
The owner of any obstruction removed by the City may contact the City to
arrange for the return of the obstruction upon payment of a fee of $50.00.
(5)
Any obstruction removed by the City that has not been claimed by its owner
within 30 days shall become the property of the City and may be disposed of in
any manner the City deems appropriate.
Shopping Carts
36.2 (1)
In this section:
(a)
"shopping cart" means any device used by customers to convey goods
purchased from an owner; and
(b)
"owner' means any person owning or operating a business.
(2)
Every owner shall have the name of its business displayed on each of its
shopping carts for identification purposes.
(3)
No owner shall permit any person to remove shopping carts from its property.
By-law No. 6604/05
Page 16
(4)
No person shall remove a shopping cart from an owner's property.
(5)
No person shall abandon a shopping cart on any highway or private property.
(6)
The City may remove any shopping cart found anywhere other than the
owner's property and store it in a suitable place.
(7)
The owner of any shopping cart removed and stored by the City may contact
the City to arrange for the return of the shopping cart upon payment of a fee of
$50.00.
(8)
Any shopping cart removed by the City that has not been claimed by its owner
within 30 day shall become the property of the City and may be disposed of in
any manner the City deems appropriate.
Tow Trucks
36.3 (1)
In this section:
(a)
"firefighter" means a firefighter as defined in subsection 1(1) of the Fire
Protection and Prevention Act, 1997, S.O. 1997 c.4; and
(b)
"tow truck' means a motor vehicle that is designed, modified or used for
pulling, towing, carrying or lifting of other motor vehicles with or without
the assistance or use of lifts, winches, dollies, trailers or any like
equipment.
(2)
No person shall solicit, make or convey an offer of services of a tow truck while
that person is within 200 metres of:
(a)
the scene of an accident or apparent accident; or
(b)
a vehicle involved in an accident on any highway.
(3)
No owner shall park, stop or stand a tow truck on any highway within 200
metres of:
(a)
the scene of an accident or apparent accident; or
(b)
a vehicle involved in an accident.
(4)
Subsections (2) and (3) do not apply to a person who is at the scene of an
accident at the request or direction of a police officer, a firerfighter, a municipal
by-law enforcement officer or a person involved in the accident.
(5)
Any person operating a tow truck or other motor vehicle parked, stopped or
1standing within 200 metres of the scene of an accident or apparent accident
or a vehicle involved in an accident shall, immediately on the direction of any
police officer or firefighter, move their tow truck or motor vehicle to a location
By-law No. 6604/05
Page 17
more than 200 metres from the scene of an accident or apparent accident or to
any other location as directed by a police officer or firefighter.
Private Property Parking Enforcement
36.4 (1)
In this section:
(a)
"owner" means the person identified in the most recent tax roll as the
owner of any private property;
(b)
"person" includes a corporation and the heirs, executors, administrators
or other legal representatives of a person to whom the context can
apply according to law;
(c)
"private property parking enforcement officer" means a person who has
met the requirements outlined by the City Clerk and been issued a
license as a private property parking enforcement officer;
(d)
"private property" means buildings, lands and premises within the City of
Pickering that are not owned or occupied by the City, the Provincial
Crown or the Federal Crown;
(e)
"private property parking enforcement" means the issuance of a parking
infraction notice to a vehicle(s) parked or stopped on private property in
contravention of the parking regulations posted on the property; and,
(f)
"private property security contractor" means a company hired by the
property owner or property management to provide private property
parking enforcement.
(2)
The City Clerk shall implement policies and procedures establishing the
requirements for the licensing of private property parking enforcement officers
to enforce municipal parking by-laws on private property. The policies and
procedures shall include application and training requirements, site registration
requirements and fees, and shall include any and all requirements for
becoming licensed, for remaining licensed, and for having a license revoked.
(3)
In addition to Section 42 of this by-law, any person who has been licensed
pursuant to the policies and procedures established by the City Clerk, and who
complies with the requirements to maintain the license, is appointed as a
private property parking enforcement officer for the purposes of enforcing the
City's Traffic & Parking By-law 6604/05, as amended, and any subsequent by-
law, on private property.
(4)
No owner shall cause or permit private property parking enforcement to take
place on their property unless provided by a private property parking
enforcement officer.
By-law No. 6604/05
Page 18
(5)
No owner shall cause or permit the issuance of any document in relation to a
vehicle parked, stopped or standing on their property other than:
(a)
A certificate of parking infraction and parking infraction notice issued
under Part II of the Provincial Offences Act;
(b)
A Tow Notice in a form authorized by the City;
(c)
Other documents, if any, approved by the City.
(6)
No owner shall cause or permit private property parking enforcement without
registering the property with the City.
(7)
No private property security contractor shall cause or permit the issuance of
any document in relation to a vehicle parked, stopped or standing on private
property other than:
(a)
A certificate of parking infraction and parking infraction notice issued
under Part II of the Provincial Offences Act;
(b)
A Tow Notice in a form authorized by the City;
(c)
Other documents, if any, approved by the City.
(8)
No private property security contractor shall provide parking enforcement on
private property without registering the site with the City Clerk.
(9)
No private property security contractor shall request or require payment of an
administrative or any other fee by the owner or driver of a vehicle parked,
stopped, or standing on private property.
(10)
Every private property security contractor must provide an indemnity
agreement, maintain liability insurance and file a current certificate in a form
and amount satisfactory to the City.
(11)
Private property security contractors may only employ licensed private property
parking enforcement officers for the purposes of parking enforcement on
private property in the City.
(12)
Signs must be posted on the property indicating policies to be enforced and
must be reviewed and approved by the City prior to enforcement.
(13)
A Private Property Parking Enforcement Officer must carry, and provide upon
request, licensing identification issued by the City.
(14)
No private property parking enforcement officer shall prepare or issue any
document in relation to a vehicle parked, stopped or standing on private
property other than:
By-law No. 6604/05
Page 19
(15)
No person shall request or require payment of an administrative or any other
fee by the owner or driver of a vehicle parked, stopped or standing on private
property.
(16)
The towing of vehicles from private property in relation to parking
contraventions may only be undertaken by a towing company under contract to
Durham Regional Police, or the City of Pickering, utilizing the Durham
Regional Police impound facility.
(17)
No private property parking enforcement officer shall cause the removal,
towing or impounding of a vehicle from private property unless:
(i)
The vehicle is parked, stopped, standing or left, as the case may be, in
contravention of a municipal by-law.
(ii)
The property that the vehicle is parked or left on has been inspected
and approved by the City confirming that:
a) The boundaries of the property are clearly defined;
b) Signage posted has been approved by the City and indicates the
policies in effect and enforced.
(iii)
A parking infraction notice is issued and served at the time of the
alleged parking infraction in accordance with Part II of the Provincial
Offences Act.
(iv)
A Tow Notice in a form authorized by the City has been issued with a
minimum of 24 hours for removal of the vehicle, with the exception of
vehicles located in signed fire routes, designated disabled parking
spaces, or if the vehicle is blocking access to a driveway or assigned
parking space.
(18)
The provisions of this by-law do not apply to any person demanding or
obtaining parking fees from customers for the consensual purchase of a permit
for parking on private property, where the parking rates are posted in clear
view of all drivers upon entering the private property, and the property is in
compliance with all other municipal by-laws.
Enforcement
37.
Every person who contravenes any provision of this by-law is guilty of an offence and
upon conviction is liable to a fine for each offence as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P.33. For purposes of this section a separate violation
shall be deemed to have been committed for each and every day during which any
such contravention continues, and conviction in respect of a contravention shall not
operate as a bar to further prosecution if such contravention continues.
By-law No. 6604/05
Page 20
38.
Part II of the Provincial Offences Act applies in respect of all parking infractions under
this by-law.
39.
Any person who has the authority to enforce this by-law, upon discovery of any
vehicle parked, stopped or standing in contravention of this by-law, may cause it 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 the vehicle,
which may be enforced in the manner provided by the Repair and Storage Liens Act.
40.
Where a vehicle has been parked, stopped or left standing in contravention of this by-
law, the owner of the vehicle, notwithstanding that the owner was not the driver of the
vehicle at the time of the contravention, is guilty of an offence unless, at the time of
the offence, the vehicle was in the possession of some person other than the owner
without the owner's consent.
41.
For the purposes of this by-law, where a number plate issued pursuant to the HTA is
exposed on a vehicle, the holder of the permit corresponding to such plate shall be
deemed to be the owner of that vehicle and, if such vehicle is found in contravention
of this by-law, the owner shall be guilty of an offence, unless the number plate was
used without the owner's consent.
42.
The provisions of this by-law may be enforced by,
(a)
a police officer pursuant to subsection 42(1)(h) of the Police Services Act,
R.S.O. 1990, c. P.15; and
(b)
municipal by-law enforcement officers appointed by the City pursuant to
subsection 15(1) of the Police Services Act or any other City staff whose
duties include the enforcement of this By-law.
42.1 No person shall prevent, hinder or interfere with or attempt to prevent, hinder, or
interfere with the enforcement of any provision of this by-law by a police officer,
municipal by-law enforcement officer or a firefighter.
Application
43.
This by-law applies to all highways under the jurisdiction of the City and, where
applicable, to municipal property and private property.
44.
This by-law shall not, if compliance therewith would be impracticable, apply to,
(a)
emergency vehicles or public utility vehicles;
(b)
vehicles actually engaged in works undertaken for or on behalf of any
municipal corporation;
(c)
vehicles actually forming part of a funeral procession for as long as may
reasonably be required for the purpose of such funeral;
By-law No. 6604/05
Page 21
(d)
any armoured vehicle, while the operator is actively engaged in the
performance of their duties;
(e)
deleted;
(f)
any vehicle owned or operated by a federal or provincial Ministry or
government agency or organization provided that such vehicles are clearly
identified by a crest or other markings and that the operator is actively
engaged in the performance of their duties;
45.
This by-law shall come into force and take effect on the date that the Chief Judge of
the Ontario Court (Provincial Division) approves set fines for offences under this by-
law.
46.
Sections 28, 29, 31, 32, 33 and 34 shall not be effective unless authorized signs that
clearly indicate the regulation or prohibition have been erected.
47.
If a provision of this by-law conflicts with a provision of any applicable Act, Regulation
or By-law, the provision that establishes the higher or more restrictive standard to
protect the health, safety and welfare of the general public shall prevail.
Repeal
48.
(1)
The following by-laws, as amended, are repealed:
(g)
55/74, prohibiting heavy traffic on municipal highways;
(h)
1660/83, prohibiting the sale of goods on highways;
(i)
1684/83, establishing pedestrian crossovers on municipal highways;
(j)
2359/87, establishing various stopping, parking and standing controls;
(k)
2366/87, providing for the designation of through highways;
(l)
2632/88, providing for the erection of stop controls;
(m)
3604/90, prohibiting turning movements on municipal highways;
(n)
6181/03, establishing speed limits on municipal highways; and
(o)
6300/04, providing for the designation of reduced loads highways.
(2)
After the date of the passing of this by-law, the repealed by-laws as noted in
subsection (1) shall apply only to those enforcement proceedings that had
been initiated prior to the date this by-law is enacted, and then only until such
enforcement proceedings have been concluded.
By-law No. 6604/05
Page 22
By-law passed this 19th day of December, 2005.
________________________________
David Ryan, Mayor
________________________________
Debi A. Wilcox, City Clerk