Parking and Traffic By-law 89-2000

Port Colborne, Ontario

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The Corporation of the City of Port Col borne By-law No. 89-2000 A by-law regulating parking and traffic on City Roads Part I Interpretation Part 11 Stopping, Standing, and Parking Part Ill Special Zones Part IV Traffic Movement Part V Speed Regulations Part VI Load Related Restrictions Part VII Driving and Related Rules Part VIII Pedestrians Part IX Erection of Signs Part X Offences and Penalties Part XI Application, Administration and Enforcement Schedules By-le W 89-2000 1 A by-law regulating parking and traffic on City Roads Whereas it is necessary and advisable to repeal By-law 89-2000, as amended, and to enact as a re-enactment By-law 89-2000 with the text and schedules herein provided; Now therefore the Council of The Corporation of the City of Port Col borne enacts as re-enacted By-law 89-2000 as follows: Part I 101.01 101.01 .02 101.01 .03 101.01 .04 101.01 .05 101.01 .06 101.01 .07 101 .01 .08 101.01 .09 101 .01.10 101.01 .11 101.01.12 101.01.13 By-law 89-2000 Interpretation General In this by-law: "Bicycle" has the same meaning as in the Highway Traffic Act; "Boulevard" means all parts of the highway save and except any roadway, shoulder, driveway, or sidewalk and i) "outer boulevard" means such portions of the highway lying between any sidewalk and the roadway or the shoulder where such exists; ii) "inner boulevard" means such portion of the highway lying between the lateral boundary and the sidewalk and where there is no sidewalk it means that portion of the highway lying between the lateral boundary and the roadway or the shoulder where such exists; "Bus" has the same meaning as in the Highway Traffic Act; "Bus stop" means a portion of a highway designated as an area at which buses will stop to receive or discharge passengers; "Chief of Police" means the Chief of the Niagara Regional Police Force or District Commander for the jurisdiction of Port Colborne; "City Engineer" shall mean the person filling the Office of the Director of Engineering/Public Works of The City of Port Colborne or their properly appointed representative; "Commercial motor vehicle" has the same meaning as the Highway Traffic Act; "Corner" with reference to a highway intersection means the point of intersection of the prolongation of the lateral curb lines or in the absence of curbs the prolongation of edges of the roadways; "Crosswalk" has the same meaning as in the Highway Traffic Act; "Cul-de-sac" means a highway which is closed at one end where a turning circle or basin is constructed to allow a vehicle to turn around and egress at the open end; "Driveway" means the improved land on a highway which provides vehicular access from the roadway to a laneway or parking area on adjacent land; "Emergency vehicle" has the same meaning as in the Highway Traffic Act; 2 101.01.14 101.01.15 101.01.16 101.01.17 101.01.18 101.01.19 101.01 .20 101 .01.21 101.01 .22 101.01 .23 101.01 .24 101.01 .25 101.01 .26 101.01 .27 101.01 .28 101.01 .29 101 .01 .30 By-law 89-2000 "Farm tractor" has the same meaning as in the Highway Traffic Act; "Gross weight" has the same meaning as in the Highway Traffic Act; "The H.T.A." or the "Highway Traffic Act" means the Highway Traffic Act, R.S.O. 1980, c. 198, as amended; "Highway" has the same meaning as in the Highway Traffic Act; "Holiday" includes Sunday, New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, the day proclaimed as a Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, the day proclaimed as the monarch's birthday or the day fixed by proclamation of the Governor General or Lieutenant-Governor- in-Council as a public holiday or for a general feast or thanksgiving and the next following day when any such holiday falls on a Sunday; "Intersection" has the same meaning as in the Highway Traffic Act; "Island" means a portion of a highway so constructed as to separate or direct vehicular traffic onto specific portions of the roadway, or provided for the use or protection of pedestrians; "Large Motor Vehicles" shall mean a commercial motor vehicle, bus, school bus, boat, boat trailer, or mobile home. "Loading zone" means the portion of a roadway set apart for the exclusive purpose of parking a commercial motor vehicle to load or unload the same; "Median strip" has the same meaning as in the Highway Traffic Act; "Ministry" means the Ministry of Transportation of Ontario; "Mobile canteen" includes any vehicle in or from which any food or other edible substance or any beverage is offered for retail sale or sold direct to the consumer; "Motor assisted bicycle" has the same meaning as in the Highway Traffic Act; "Motorcycle" has the same meaning as in the Highway Traffic Act; "Motor vehicle" has the same meaning as in the Highway Traffic Act; "Official sign" has the same meaning as in the Highway Traffic Act or means any sign or other device placed or erected on a highway under the authority of this by-law for the purpose of regulating, warning, or guiding traffic; "One-way roadway" means a roadway or part of a roadway designated as such by by-law of the City of Port Colborne; 3 101.01 .31 101.01 .32 101.01 .33 101.01 .34 101.01 .35 101.01 .36 101.01 .37 101.01 .38 101 .01 .39 101.01 .40 101.01 .41 101.01 .42 101.01 .43 101.01 .44 101.01 .45 101 .01 .46 101.01.47 By-law 89-2000 "Park" or "parking" has the same meaning as in the Highway Traffic Act; "Parking meter" means a device that shall indicate thereon the length of time during which a vehicle may be parked which shall have as a part thereof a receptacle for receiving and storing coins, a slot or place in which such coins may be deposited, a timing mechanism to indicate the passage of the interval of time during which the parking is permissible and which shall also display a signal when said interval of time shall have elapsed. "Parking meter zone" means the highways or parts of highways designated by this by-law as constituting a parking meter zone. "Parking space" means a portion of the surface of a highway designated by suitable markings, the use of which is controlled and regulated by a parking meter. "Pedestrian" means a person on foot, or in a wheelchair, baby carriage, or on a child's play vehicle propelled by muscular power; "Pedestrian barrier'' means a rail, fence, or a device installed on a sidewalk or at any location within a highway at where pedestrian is prevented from crossing the roadway or entering a barricaded area; "Pedestrian crossover" has the same meaning as in the Highway Traffic Act; "Police force" means the Niagara Regional Police Force; "Police officer" means a constable, any municipal by-law enforcement officer, or any person appointed for enforcing or carrying out the provisions of this by-law; "Public vehicle" has the same meaning as in the Public Vehicle Act, R.S.O. 1980, c. 425 as amended; "Regional municipality" or "Region" means the Corporation of the Regional Municipality of Niagara; "Regional Council" has the same meaning as in the Regional Municipality of Niagara Act, R.S.O. 1980, c. 438 as amended; "Roadway" has the same meaning as in the Highway Traffic Act; "School bus" has the same meaning as in the Highway Traffic Act; "Shoulder'' means that portion of the highway lying adjacent to the roadway where there is no barrier curb, and which is improved or maintained to support a stopped vehicle; "Side, approach" means that side closest to lawfully approaching vehicular traffic; "Side, remote" means that side most distant from lawfully approaching vehicular traffic; 4 101.01 .48 101.01 .49 101.01 .50 101.01 .51 101.01 .52 101.01 .53 101.01 .54 101.01 .55 101.01 .56 101 .01.57 101.01 .58 101.01 .59 101.01 .60 101.01 .61 101.01 .62 101.01 .63 101.01 .64 101.01.65 101.01 .66 By-law 89-2000 "Sidewalk" means a foot path or any portion of highway set aside or improved for the use of pedestrians; "Stand" or "standing" has the same meaning as in the Highway Traffic Act; "Stop" or "stopping" has the same meaning as in the Highway Traffic Act; "Taxi cab" has the same meaning as in the Public Vehicle Act, R.S.O. 1980, c. 425 as amended; "Through highway" has the same meaning as in the Highway Traffic Act; "Traffic" includes pedestrians, ridden, led or herded animals, vehicles, motorized snow vehicles and other conveyances, either singly or together while using any portion of a highway for the purposes of travel or movement of goods; "Traffic control device" means any sign, traffic signal or other roadway, curb or sidewalk marking, or any other device erected or placed under the authority of this by-law for the purpose of regulating, warning, or guiding traffic; "Traffic signal" means any device operated manually, electrically, or mechanically for the regulation of traffic; "Trailer" has the same meaning in the Highway Traffic Act; "Transit Commission" means any local board of an area municipality operating a public passenger transportation system, or any private body operating a public passenger transportation system under franchise from or agreement with an area municipality; "U-Turn" means to turn a vehicle within a roadway in order to proceed in the opposite direction from the direction the vehicle was previously travelling; "Vehicle" has the same meaning as in the Highway Traffic Act; "Wheelchair" has the same meaning as in the Highway Traffic Act; "Public Park" designated as a public park by the City of Port Colborne "Public Park Roadway" shall be the portion of the park set out for vehicular traffic. "Commercial Motor Vehicle" has the same meaning as the Truck Transportation Act. "School Bus" has the same meaning as in the Highway Traffic Act. "Boat" a water going vehicle. "Boat Trailer" a vehicle designed to transport a boat to/from land and/or water. 5 101.01 .67 101.01 .68 101.01 .69 101.01 .70 101.01 .71 101.02 101.02.01 101.02.02 102.01 By-law 89-2000 "Mobile Home" has the same meaning as in the Highway Traffic Act. "Residential Area" shall mean a highway located in a residential zone pursuant to Zoning By-law 1150/97/81, as amended, for the City of Port Colborne. "Parking Ticket Dispensing Machine" means a device that shall have a receptacle for receiving and storing coins, a space or place in which coins may be deposited, an indicator which shows the amount of deposit and the time paid for, have the capability of dispensing a parking ticket that shall indicate thereon the location, amount paid and valid time purchased when either a ticket button is pressed or automatically upon the deposit of a predesignated fee; "Tow Away Zone" shall mean signage depicting an area designated by this by-law where a vehicle may be towed away forthwith; "City Emergency Representative" shall mean the Chief Administrative Officer, Fire Chief, Mayor, or the City Engineer or the appointed designate. In this by-law: Words importing the singular number of the masculine gender only, include more persons, parties or things of the same kind than one, and females as well as males. A word interpreted in the singular number has a corresponding meaning when used in plural. Abbreviations In the schedules to this by-law, the following abbreviations, definitions, and symbols stand for the words respectively set forth opposite thereto as follows: Ave. Blvd. Cir. Ct. Cres. Dr. Hwy. Pkwy. Pl. Regn. Rd. St. Sq. No. Cm Km Km/h M N s w E a.m. p.m. 6 Avenue Boulevard Circle Court Crescent Drive Highway Parkway Place Regional Road Street Square Number Centimetre Kilometre Kilometre per hour Metre North South West East Ante Meridian Post Meridian 102.02 102.03 102.04 103.01 Part II 201.01 201 .02 201.03 By-law 89-2000 Distance Where a distance is used in this by-law as from, to or within a specified distance of an object, structure, land, intersection, or part of highway, such distance shall be measured along the curb or edge of the roadway, from a point in such curb or edge or roadway opposite such object, structure, land, or corner, unless the context otherwise requires. Cumulative Effect The various restrictions of this by-law are cumulative and not mutually self-exclusive. Severability It is declared that if any section, subsection, schedule, or part thereof this by-law be declared by a court of law to be bad, illegal, or ultra vires, such part or parts shall be deemed to be severable and all parts hereof are declared to be separate and independent and enacted as such. Standard Time and Daylight Saving Time Whenever in this by-law a time of day or hour is referred to, the same shall be construed in accordance with Stand Time or Daylight Saving Time, as may be current official use in the Region. Stopping, Standing, and Parking Two-way Roadway and Right Side of One-way Roadway Where stopping, standing, or parking is permitted, except as provided in Subsection 201.04 and 201.07, no person shall stop, stand, or park any vehicle on any roadway where there is a barrier curb or no shoulder on the right side of the roadway, having regard to the direction in which such vehicle wa travelling, unless the right front and rear wheelers parallel to the right curb or edge of the roadway. Where stopping, standing, or parking is permitted, except as provided in Subsections 201.05 and 201.07, no person shall stop, stand, or park any vehicle or permit a vehicle to remain stopped, standing, or parked on any roadway where there is a barrier curb or no shoulder on the right side of the roadway, having regard to the direction in which such vehicle was travelling, unless the right front and rear wheels are not more than thirty centimetres (30cm) from the right curb or edge of the roadway. Where stopping, standing, or parking is permitted, except as provided in Subsections 201.06 and 201.07, no person shall stop, stand, or park any vehicle or permit a vehicle to remain stopped, standing, or parked on any roadway where there is shoulder on the right side of the roadway having regard to the direction in which such vehicle was travelling, unless the right and front wheels parallel to and as near as is practicable to the right edge of the shoulder. 7 201.04 201.05 201.06 201.07 201.08 201.09 By-law 89-2000 One-Way Roadway, Left Side Where stopping, standing, or parking is permitted on the left side of a highway designated for one-way traffic, except as provided in subsection 201.07, no person shall stop, stand, or park any vehicle or permit a vehicle to remain stopped, standing, or parked on any roadway where there is a barrier curb or no shoulder on the left side of the roadway, having regard to the direction in which the vehicle was travelling, unless the left front and rear wheels parallel to the left curb or edge of the roadway. Where stopping, standing, or parking is permitted on the left side of a highway designated for one-way traffic, except as provided in subsection 201.07, no person shall stop, stand, or park any vehicle or permit a vehicle to remain stopped, standing, or parked on any roadway where there is a barrier curb or no shoulder on the left side of the roadway, having regard to the direction in which the vehicle was travelling, unless the left front and rear wheels are not more than thirty centimetres (30cm) away from the left curb or edge of the roadway. Where stopping, standing, or parking is permitted on the left side of a highway designated for one-way traffic, except as provided in subsection 201.07, no person shall stop, stand, or park any vehicle or permit a vehicle to remain stopped, standing, or parked on any roadway where there is a shoulder on the left side of the roadway, having regard to the direction in which the vehicle was travelling, unless the left front and rear wheels parallel to and as near as is practicable to the left curb or edge of the roadway. Angle Parking Zone Where angle parking is permitted, no person shall stop, stand, or park any vehicle or permit a vehicle to remain stopped, standing, or parked except at the angle designated by signs or markings, and with the front end of the vehicle at the curb or the edge of the designated space which is remote from the centre of the roadway. Signed or Marked Areas No person shall permit a vehicle to remain stopped, standing, or parked on any portion of any highway designated by signs or markings on the highway for stopping, standing, or parking except when the said vehicle is entirely within the space or area so designated. Double Parking Prohibited No person shall stop, stand, or park a vehicle or permit a vehicle to remain stopped, standing, or parking on any highway on the roadway side of any stopped, standing, or parked vehicle. 8 202.01 202.02 202.03 202.04 203.01 203.01 .01 203.01 .02 203.01 .03 203.01 .04 203.01 .05 203.01 .06 203.02 203.02.01 By-law 89-2000 Shoulder and Boulevard Restrictions Unless otherwise provided in this by-law, no person shall stop, stand, or park a vehicle or permit a vehicle to remain stopped, standing, or parked on any should and boulevard contrary to the prohibition or restriction applicable to the adjacent roadway as herein provided by this by-law. Parking Limitation Within the Same Zone No person shall stop, stand, or park a vehicle or permit a vehicle to remain stopped, standing, or parked on a portion of the highway within thirty meters (30m) of or within one hour from the time of its removal from such portion of a highway where such portion is referred to in Part II to this by-law. Large Motor Vehicles No person shall stop, stand, or park a large motor vehicle or the trailer portion of the tractor trailer on any street in any residential area unless it is at the time being used to make a delivery or to provide a service. Parking of Bicycles No person shall stop, stand, or park a bicycle on a highway except in an upright position and in such a manner as to cause the least obstruction to pedestrian and vehicular traffic and no bicycle shall be laid on its side along any highway or sidewalk. Stopping Prohibited - Specified Places, Without Signs No person shall stop any vehicle or permit any vehicle to remain stopped on any highway: On or partly on or over a sidewalk; Within an intersection or crosswalk; Adjacent to or across the roadway from any obstruction in the roadway when such action would impede the free flow of traffic; Upon any bridge or elevated structure and within any tunnel or underpass, or within thirty meters (30m) of either end of any such structure, except where stopping in these locations is otherwise permitted by this by-law; On any median strip or adjacent to either side or the ends of any median strip separating two roadways, except when stopping in these locations is otherwise permitted by this by- law; On any outer boulevard. Stopping Prohibited - Specified Places, With Signs When official signs are on display, no person shall stop a vehicle or permit a vehicle to remain stopped on a highway: Within thirty meters (30m) of the approach side of a crosswalk at a school crossing designated by official signs or of pedestrian crossover, or within ten meters (1 Om) of the remote side of a school crosswalk or a pedestrian crossover; 9 203.02.02 203.02.03 203.02.04 203.02.05 203.03 203.04 204.01 204.01 .01 204.02 205.01 205.01 .01 205.01 .02 205.01 .03 205.01 .04 By-law 89-2000 Within thirty meters (30m) of the approach side of the nearest rail of any level crossing of a railway, or within sixteen meters (16m) of the remote side of the nearest rail of any such level crossing; On either side or both sides of such highway adjacent to a school or playground at such times as displayed on the signs; Within fifteen meters (15m) of an intersection; Within sixty meters (60m) of an intersection controlled by a traffic signal. Stopping Prohibited - Schedule "A" When official signs are on display, no person shall stop a vehicle or permit a vehicle to remain stopped on a highway, at the side, between the limits, and during the times and days set out respectively in columns 1, 2, 3, and 4 of Schedule "A" of this by-law. The provisions of Subsection 203.02.01, 203.02.03 or 203.03, shall not apply to a school bus within a School Bus Loading Zone designated by official signs. Standing Prohibited - Specified Places, With Signs Subject to Section 203, when official signs are on display, no person shall stand a vehicle or permit a vehicle to remain standing on a highway: Within twelve meters (12m) of the remote side of a designated Transit Commission bus stop or within twenty-eight meters (28m} of the approach side of such bus stop, provided such vehicle does not interfere with a bus waiting to enter or about to enter or exit from such bus stop. Standing Prohibited - Schedule "B" Subject to Section 203, when official signs are on display, no person shall stand a vehicle for the purpose of standing or permit a vehicle to remain standing on a highway, at the side, between the limits, and during the times and days set out respectively in columns 1, 2, 3, and 4 of Schedule "B" of this by- law. Parking Prohibited - Specified Places, Without Signs Subject to Sections 203 and 204, no person shall park a vehicle or permit a vehicle to remain parked on any highway: Within ten meters (10m) of an intersection; Within three meters (3m) of a fire hydrant; On an inner boulevard; On a driveway within thirty centimeters (30cm) of a sidewalk, between the sidewalk and the roadway, or where there is no sidewalk within three meters (3m) of the edge of a roadway or on meter (1 m) of shoulder; 10 205.01 .05 205.01 .06 205.01 .07 205.01 .08 205.01 .09 205.01 .10 205.01 .11 205.01 .12 205.02 205.02.01 205.02.02 205.02.03 205.02.04 205.02.05 205.02.06 205.02.07 205.02.08 205.02.09 205.02.10 By-law 89-2000 In front of or within on and one-half meters (1.5m) of a laneway or driveway or a curb-cut or depressed curb thereto; On either side of a roadway so as to obstruct a vehicle in the use of any laneway or driveway; In such a position that will prevent the convenient removal of any other vehicle previously stopped, standing, or parked; For the purpose of displaying such vehicle for sale or lease; For the purpose of servicing or repairing such vehicle except for repairs as have been necessitated by an emergency; For a longer period than 24 hours at any one time; Not applicable. In such a manner as to interfere with the movement of traffic, street cleaning measures or the clearing of snow from the highway. Parking Prohibited - Specified Places, With Signs Subject to Sections 203 and 204, when official signs are on display, no person shall park a vehicle or permit a vehicle to remain parked on any highway: In front of within eight metres (8m) of the property limits on which an active fire hall is located, or on the opposite side of the said highway, within thirty metres (30m) of the prolongated lot limits of the said property; and fifteen metres (15m) from the ramp of a secondary (back-up) or inactive fire hall Within sixteen meters (16m) of an intersection; Within forty-five meters (45m) of an intersection controlled by a traffic signal; In front of or within three meters (3m) of the main entrance to or any emergency exit from any public house, hotel, motel, hospital, nursing home, theatre, auditorium or other building or enclosed space in which persons may be expected to congregate in large numbers; Within three meters (3m) of a laneway or driveway or a curb cut or depressed curb thereto; Having a roadway width of eight meters (8m) or less; Within thirty meters (30m) of the approach side and within fifteen meters (15m) of the remote side of a crosswalk controlled by a traffic signal and not located at an intersection; So as to interfere with the formation of a funeral procession; Within the turning circle of a basin of a cul-de-sac; Within fifteen meters (15m) of the termination of a dead end roadway; 11 205.02.11 205.03 205.03.01 205.04 206.01 207.01 208.01 209.01 By-law 89-2000 Where the Chief of Police, City Engineer or City Emergency Representative is of the opinion that, for some temporary period, the safety of the public, the proper movement of traffic, or the proper and safe performance of some vital function of The City of Port Colborne requires the prohibition or limitation of parking. Parking Prohibited - Schedule "C" Subject to Sections 203 and 204, when official signs are on display, no person shall park a vehicle or permit a vehicle to remain parked on a highway, at the side, between the limits, and during the times and days set out respectively in columns 1, 2, 3, and 4 of Schedule "C" of this by-law. Parking Prohibition Tow Away Zone Subject to Sections 203 and 204, when official signs are on display, no person shall park a vehicle or permit a vehicle to remain parked on a highway, at the sides, and between the limits, set out in Columns 1, 2, 3, and 4 of Schedule "C-2" of this By-law. Trailer and Commercial Motor Vehicle Parking Prohibition - Schedule "D" Subject to Sections 203 and 204, when official signs are on display, no person shall park a trailer or commercial motor vehicle, or permit a trailer or commercial motor vehicle to remain parked on a highway, at the side, between the limits, and during the times. Parking Restrictions Exemptions - Funeral Corteges If the Chief of Police is of the opinion or deems it desirable, he may declare that Subsections 205.02.03, 205.02.04, 205.02.07, and 205.03 do not apply for a temporary period to prevent the parking of vehicles forming part of any funeral cortege, provided that all such vehicles are parked on only one side of the highway at one time. Limited Parking - Schedule "E" Subject to the previous sections of Part 11, when official signs are on display, no person shall park a vehicle or permit a vehicle to remain parked on a highway, at the side, between the limits, for a longer period of time and during the times and days set out respectively in columns 1, 2, 3, 4, and 5 of Schedule "E" of this by-law. Angle Parking - Schedule "F" Subject to the previous sections of Part 11, angle parking is permitted on the roadways, at the sides, and between the limits set forth respectively in columns 1, 2, and 3 of Schedule "F" of this by-law. Parking Meters - General Regulations Where parking meters have been installed under the authority of this by-law, no person shall park a vehicle or permit a vehicle to remain parked in a parking meter space unless: 12 209.01 .01 209.01 .02 209.01 .03 209.02 209.03 209.03.01 209.03.02 209.04 209.05 209.05.01 209.05.02 209.06 209.06.01 By-law 89-2000 Where parallel parking is permitted, the front wheels of such vehicle are adjacent to the single parking meter provided for such parking meter space; Where parallel parking is permitted and two meters are mounted on the same standard, the rear wheels of the remote vehicles shall be adjacent to or as close as is practicable to such parking meters and the front wheels of the approach vehicle shall be adjacent to or as close as is practicable to such parking meters; Where angle parking is permitted, the front wheels of the vehicle shall be adjacent to or as close as is practicable to the parking meter provided for such parking meter space. No person shall park a vehicle or permit a vehicle to remain parked in such a manner that it is not wholly within the area designated as a parking space unless the vehicle is of such length as to render it impossible to park it in one parking space, in which case the adjoining parking space or spaces may, in addition, be used if the required coin deposits are made in the parking meters provided for all such parking spaces so used. No person shall park a vehicle or permit a vehicle to remain parked in a parking meter space if: The parking meter has been covered by a parking meter cover or parking prohibition sign, or Such parking meter space is presently occupied by another vehicle. Parking Metered Space Subject to Other Provisions The stopping, standing, and parking of vehicles in metered spaces shall be subject to all prohibitions, restrictions, limitations and provisions of this by-law, other City of Port Colborne by-laws and the Highway Traffic Act Use of Parking Meter No person shall deposit or cause to be deposited in any parking meter: Any slug, device, or other substitute for a coin of Dominion of Canada or of the United States of America, or Any coin except for five cent coin commonly referred to as a "nickel", a ten cent coin commonly referred to as a "dime", a twenty-five cent coin commonly referred to as a "quarter", or a dollar coin commonly referred to as a "dollar'', of the Dominion of Canada or of the United States of America. Parking Meter Zones - Schedule "G" The highways or portions of the highways described in Schedule "G" of this by-law are hereby designated as parking meter zones. Subject to the provisions in Subsection 209.06.02, when parking meters have been erected on the highway, at the side, and between the limits set out respectively in Column 1, 2, and 13 209.06.02 209.07 209.08 209.09 209.09.01 209.09.02 209.09.03 By-law 89-2000 3 of Schedule "G" of this by-law, no person shall park a vehicle or permit a vehicle to remain parked for a longer period of time and during the times and days set out respectively in Columns 5 and 6 of the said schedule. Subject to the maximum parking time period and the hours and days of operation set out in Schedule "G" of this by-law, no person shall park any vehicle or permit a vehicle to remain parked in a parking meter space unless the fee set out in Column 4 of the said schedule is deposited in the meter controlling such parking meter space and the said meter is in operation and the said time limit on the meter for which the appropriate fee has been paid has not expired and that the receipt issued by the parking ticket dispenser shall be placed inside the windshield of the vehicle while the vehicle is parked in or on the parking space in a position so that the writing and markings on the receipt face outward so as to be easily seen from outside the vehicle. Unexpired Parking Meter The driver of a vehicle shall not be prevented from using the unexpired time remaining on a parking meter from its previous user without depositing a coin therefor. Vehicle at Expired Parking Meter The fact that a parking meter governing a parking meter space indicates that a vehicle is unlawfully parked is prima facie evidence that such vehicle is unlawfully parked. Parking Permits The City of Port Colborne may issue: (i) Commercial Loading Permits to the owner of any commercial vehicle and any commercial vehicle for which such permit has been issued may be parked in any parking space while actually engaged in loading or unloading goods, wares, or merchandise, without making use of the parking meter adjacent to such parking space for a period not exceeding 30 minutes; (ii) Temporary Parking Permit of daily or weekly duration to the owner of any vehicle for a parking meter space and such parking meter space which has been designated for a daily or weekly parking permit shall be covered by a parking meter cover; (iii) Courtesy Parking Permits of daily duration to the owner of any vehicle and any vehicle for which such permit has been issued may be parked in any metered parking space without making use of the parking meter adjacent to such parking space. Every commercial vehicle for which a commercial loading permit or any vehicle for which courtesy parking permit has been issued shall be identified by having displayed on the windshield an official parking permit issued by the City of Port Colborne. The fee for every commercial loading permit and temporary parking permit shall be in accordance with the tariff contained in 14 209.09.04 209.10 By-law 89-2000 Schedule "G1" to this by-law. Every commercial loading permit shall expire on the 31 st day of December of the year for which it was issued. Every courtesy parking permit shall be stamped with an expiry date at the time of issue. Commercial vehicle loading permits or parking permits issued by the area municipality shall be deemed to be permits to be permits issued under this Section. Notwithstanding anything hereinbefore contained, drivers of the following classes of vehicles shall not be required to deposit coins in the parking meter provided for a parking space occupied by vehicles: (i) Fire Department vehicles of the City of Port Col borne, (ii) Regional Police Force vehicles, (iii) Ambulances, (iv) Hearses, (v) Privately owned vehicles in use by employees of the City of Port Colborne or the Region of Niagara, on municipal business, provided that such vehicles are identified by having affixed to the windshield thereof an official parking sticker issued by the City of Port Colborne or the Region of Niagara. (vi) Vehicles of an area municipal public Utilities Commission while such vehicles are being used in connection with the construction, maintenance, or repair of any plant or equipment of such Commissions. (vii) A privately owned vehicle provided that such vehicle is identified by a valid handicapped permit displayed on the windshield. (viii) A commercial vehicle provided that such vehicle is identified by a valid commercial parking permit displaying in the windshield. (ix) A privately owned vehicle provided that such vehicle is identified by a valid courtesy parking permit displayed on the windshield. (x) Vehicles owned by the City of Port Colborne or the Region of Niagara on municipal business. (xi) A privately owned vehicle provided that such vehicle is identified by a valid City of Port Colborne Veteran's Parking Permit displayed on the windshield, and the Veteran is a passenger, being picked up or transported in the vehicle and further that such exemption shall apply for a maximum of three continuous hours at or in any one parking meter zone. 15 Part Ill 301.01 301.02 301.03 302.01 303.01 303.02 303.03 304.01 By-law 89-2000 Special Zones Bus Stops - The establishment of a bus stop for local Transit Commission buses on roadways is hereby authorized and shall be conclusively deemed to have been established when official signs are on display. Public Vehicle (Inter-City) Parking Zone Schedule "H" Subject to Part 11, when official signs are on display, no person shall park a vehicle or permit a vehicle to remain parked on the highway, at the side, between the limits and during the times and days set out respectively in Columns 1 , 2, 3, and 4 of Schedule "H" of this by-law, except a public vehicle. Public Vehicle (Inter-City) Bus Stop Schedule "I" Subject to Part II, when official signs are on display, no person shall stand a vehicle or permit a vehicle to remain standing on a highway, at the side, between the limits, and during the times and days set out respectively in Columns 1 , 2, 3, and 4 of Schedule "I" to this by-law, other than a public vehicle taking on or discharging passengers except that the driver of a vehicle may temporarily stop in a bus stop for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with a public vehicle waiting to enter or about to enter or exit such bus stop. School Bus Loading Zones When official signs have been erected in accordance with the Highway Traffic Act, the portion of highway designated by such signs is hereby established as a "School Bus Loading Zone" and subject to the regulation under the said Act. Vending Stops - Schedule "J" No person who sells or offers for sale or takes orders for goods, wares, merchandise, or produce from a vehicle shall, for the purpose of carrying on their business, stop the vehicle, or permit the vehicle to remain stopped on any part of the highway in such a manner as to interfere with the movement of traffic. No person shall offer for sale or take orders for goods, wares, merchandise, or produce from a vehicle on a highway except from the side of such vehicle facing the closest boulevard. Subject to Part 11, no person shall stop a mobile canteen on a roadway, at the side, between the limits, and during the times and days set out respectively in columns 1, 2, 3, and 4 of Schedule "J" of this by-law. Taxi Cab Stands - Schedule "K" Subject to Part 11, when official signs are on display, no person shall stand a vehicle or permit a vehicle to remain standing on the highway, at the side, between the limits, and during the times and days set out respectively in columns 1, 2, 3, and 4 of Schedule "K" of this by-law, except a taxi cab. 16 305.01 305.02 Part IV 401.01 401.02 402.01 403.01 404.01 404.02 By-law 89-2000 Loading Prohibited - Schedule "L" Subject to Part 11, when official signs are on display, no person shall stop a vehicle to load or unload freight or merchandise, or permit a vehicle to stop to load or unload freight or merchandise on a highway, between the limits, at the side, and during the times and days set out respectively in columns 1 , 2, 3, and 4 of Schedule "L" of this by-law. Loading Zones - Schedule "M" Subject to Part II and previous sections of Part Ill, when official signs are on display, no person shall stop a vehicle to permit a vehicle to remain stopped on a highway, between the limits, at the side, and during the times and days set out respectively in columns 1, 2, 3, and 4 of Schedule "M" of this by-law, except a commercial motor vehicle when parked temporarily for the purpose of and while actually engaged in loading or unloading freight or merchandise, and such parking shall not exceed a period of thirty (30) minutes. Traffic Movement - Through Highways - Stops - Yields - Turns - One-way Highways- Traffic Circles - Designated Lanes Through Highways - Schedule "N" The highways between the limits set out in columns 1 and 2 of Schedule "N" of this by-law, are, except as provided in Subsection 401.02 hereby designated as through highways. The designation in Subsection 401.01 of a highway or part of a highway as a through highway shall not include any intersection thereon where the highway intersected is a King's Highway or Regional Road, where traffic signals are installed or where the roadway passes over land owned by the Crown or the Region. Stop Signs at Intersections - Schedule "P" The City of Port Colborne shall erect stop signs on the highways, at the intersections set out in columns 1 and 2 of Schedule "P" of this by-law, facing traffic proceeding in the direction set out in column 3 of the said schedule. Yield Signs at Intersections - Schedule "Q" The City of Port Colborne shall erect yield signs on the highways, at the intersections set out in columns 1 and 2 of Schedule "Q" of this by-law, facing traffic proceeding in the direction set out in column 3 of the said schedule. Prohibited Turns - Schedule "R" When official signs are on display, no vehicle on the highways, at the intersections, or locations set out in columns 1 and 2 of Schedule "R" of this by-law, and proceeding in the direction set out in column 3 of the said schedule, shall be turned in the manner or the direction, during the times and days set out in columns 4 and 5 of the said schedule. Where a U-turn is not otherwise prohibited under this by-law or the Highway Traffic Act, such a turn shall be made only where it can be made in safety and without interfering with other traffic. 17 405.01 406.01 407.01 407.02 Part V 501.01 501 .02 501.03.01 501 .03.02 By-law 89-2000 One Way Highways - Schedule 'T' When official signs are on display, the highways between the limits set out in columns 1 and 2 of Schedule "T" of this by-law, are hereby designated as one-way roadways for the passage of vehicles only in the direction set out in column 3 of the said schedule. Traffic Circles No person shall drive any animal or vehicle otherwise than in a counter clockwise direction in any traffic circle or turning circle of a cul-de-sac. Designated Lanes - Schedule "U" When official signs are on display, the portion of a highway between the limits set out in columns 1 and 2 of Schedule "U" of this by-law, in the lane during the times set out in columns 3 and 4 of the said schedule, shall be designated for the traffic movement set out in column 5 of the said schedule. The City of Port Colborne shall divide roadways between the limits set out in columns 1 and 2 of the Schedule "U", into clearly marked lands for traffic movements in the particular direction set out in column 5 of the said schedule. Speed Regulations Speed Limits on Bridges - Schedule "V" When any structure on a highway set out in columns 1 and 2 of Schedule "V" of this by-law, is marked in compliance with the regulations under the Highway Traffic Act, the maximum rate of speed on such structure shall be the rate of speed set out in column 3 of the said schedule. Speed Limits on Highways - Schedule "W" Subject to Subsection 501.01, when any highway or part of a highway between the limits set out in columns 1 and 2 of Schedule "W" of this by-law is marked in compliance with the regulations under the Highway Traffic Act, the maximum rate of speed on such highway or part of highway shall be the rate of speed set out in column 3 of the said schedule. Speed Limits in School Zones - Schedule "X" Subject to Subsections 501.01 and 501.02, when official signs and the flashing amber beacons are on display in compliance with the H.T.A., the maximum rate of speed on the highway or part of a highway between the limits set out in columns 1, 2, and 3 of Schedule "X", shall be 40 kilometers per hour during the days and hours set out in columns 4 and 5 of the said schedule. Subject to Subsection 501 .03.01 and where required on any school day to accommodate variations from normal school hours or a school emergency, the flashing amber beacons may be actuated and the speed limit reduced to 40 km/h for any 18 501.04 Part VI 601.01 601.02 602.01 Part VII 701.01 702.01 703.01 703.02 703.03 By-law 89-2000 period, between 8:00 a.m. and 5:00 p.m., and not provided under Subsection 501.03.01. Subject to Subsection 501.01, 501.02, 501.03.01, and 501.03.02 when any public park as designated as such by the City of Port Colborne is marked in compliance with the regulations under the Highway Traffic Act, the maximum rate of speed in any such public park shall be 20km/h. Load Related Restrictions Reduced Load on Highways (5 Tonnes per axle) During March and April - Schedule "Y" When official signs are on display, the reduced load restriction provisions of the Highway Traffic Act are declared to be in force with respect to the highways and between the limits set out in Columns 1 and 2 of Schedule "Y" of this by-law, during the period from the 1st day of March to the 30th day of April inclusive in each and every year. Reduced Load on Highways (5 Tonnes per axle) During Entire Year- Schedule "Z" When official signs are on display, the reduced load restriction provisions of the Highway Traffic Act are declared to be in force with respect to the highways and between the limits set out respectively in columns 1 and 2 of Schedule "Z" of this by-law, during the period from the 1st day of January to the 31st of December inclusive in each and every year. Oversize and Overweight Load Permits The City Engineer or any person authorized by him is hereby authorized to grant or refuse permits for the moving of heavy vehicles, loads, objects, or structures in excess of the otherwise lawful limits, pursuant to the Highway Traffic Act. Driving and Related Rules The driver or operator of a vehicle emerging from a driveway, laneway, building, or lot onto a highway shall bring the vehicle to a full stop immediately before driving onto a sidewalk, and upon proceeding shall yield the right-of-way to pedestrians upon the sidewalk. Barricaded Highways No person shall drive, operate, or park a vehicle or permit a vehicle to remain parked on any part of any highway barricaded and marked by signs showing that its use is prohibited or restricted. Vehicle Crossing Sidewalks, Boulevards, and Curbs In this section a vehicle shall not include a bicycle. No person shall drive a vehicle upon a sidewalk on a highway, except for the purposes of directly crossing the sidewalk. No person shall drive any motor vehicle over a raised curb or a wheelchair ramp at a crosswalk or sidewalk except at a place 19 703.04 704.01 705.01 705.02 705.03 705.04 705.05 705.06 705.07 Part VIII 801.01 802.01 802.02 By-law 89-2000 where there is a driveway ramp, mountable curb, or depressed curb intended for vehicular access. No person shall drive any motor vehicle on any boulevard except for the purpose of directly crossing the boulevard at a driveway or other designated vehicular crossing. Boarding or Alighting from Moving Vehicle No person shall board or alight from any vehicle while such vehicle is in motion. In this section a bicycle shall mean a light weight vehicle consisting of a frame, wheels, seat, pedals and a steering device, but shall not include baby carriages, wheelchairs, children's tricycles, or similar children devices appropriate to sidewalks. Wherever there is a reasonable usable bicycle path alongside a roadway, no person shall ride a bicycle along the roadway. A person operating a bicycle upon a roadway shall ride as near to the right hand side of the roadway as practicable and shall exercise due care when passing a standing vehicle or one proceeding in the same direction. No person shall operate a bicycle along a roadway abreast of another bicycle. No person operating a bicycle or a roadway shall carry any package or other article in such a way as to prevent him from keeping at least one hand on the handle bars, or otherwise prevent him from keeping proper control. No person shall operate a bicycle, over or upon a sidewalk in designated areas set out in Schedule BB of this by-law save at a properly constructed crossing. No person shall park a bicycle on a highway except in such a way as to cause the least possible obstruction to pedestrian and vehicular traffic. Pedestrians Pedestrian Barriers No pedestrians shall proceed over or under a pedestrian barrier, or within a barricaded area, installed on a sidewalk or at any other location within a highway. Playing on Roadway Prohibited No person shall play or take part in any game or sport upon a roadway. No person upon roller skates, or riding in or by means of any coaster or similar device shall go upon a roadway except for the purpose of crossing the roadway, and when so crossing such person shall have the rights and be subject to the obligations of a pedestrian. 20 803.01 804.01 Part IX 901.01 902.01 902.01 .01 902.01 .02 901 .01 .03 903.01 903.02 Part X 1001.01 1001.02 By-law 89-2000 Pedestrian Crossing Prohibited - Schedule "AA" Where official signs are on display, no pedestrian on the highways at the locations set out in columns 1 and 2 of Schedule "AA" of this by-law shall enter onto or cross the roadway approach set out in column 3 of the said by-law. Pedestrian Crossovers - Schedule "AB" When official signs are on display in compliance with the Highway Traffic Act, the highways at locations set out in Column 1 and 2 of Schedule "AB" of this by-law are thereby designated as pedestrian crossovers. Erection of Signs The City Engineer is hereby authorized to apply, erect, and maintain such traffic control devices and other structure, plant, and equipment as required to give effect to this by-law. Conflicting Private Signs Subject to the provisions of other by-laws controlling signs, no unauthorized person shall place, maintain or display upon any sign, signal, marking, or device visible from any highway which: Conceals a traffic control device or parking meter from view; Interferes with the effectiveness of a traffic control device or parking meter; or Purports to be, is an imitation of, or resembles any official sign or any regulatory or traffic control device. Damage to Traffic Control Devices No person shall move, deface, damage, remove, or in any manner interfere with any traffic control device place, erected, or maintained by the City of Port Colborne. No person shall drive any vehicle on or over any pavement marking, line, or strip on the roadway where markers are in place, or signs are on display to indicate that the marking material has been freshly applied, nor shall any person drive any vehicle into or over any such marker so placed, or move or remove such marker unless authorized to do so. Offences and Penalties Subject to Provincial Offences Act Offences Created: Subject to subsection 1001.02, each person who contravenes a provision of this By-law is guilty of an offence and upon conviction, is liable to the penalties provided for in the Provincial Offences Act. Designation re: Administrative Penalties: Subsection 1001 .03 and Schedule "AC" and the parts of this By-law to which that Schedule relates are designated as parts 21 1001.03 1002.01 1003.01 1003.01.01 1003.01.02 1003.02 Part XI 1101.01 1102.01 1103.01 1104.01 By-law 89-2000 of this By-law to which the City's system established by the City's Administrative Penalty By-law applies. Penalties Created: Any person who permits a vehicle to be parked, stopped or standing contrary to a part of this By-law that is designated pursuant to subsection 1001 .02 and each owner of that vehicle are, when given a Penalty Notice in accordance with the City's Administrative Penalty By-law, liable to pay to the City an Administrative Penalty in the amount specified in Schedule "AC" to this By-law for each day or part of a day on which the contravention continues. Voluntary Payment of Parking Penalties Not applicable in Port Colborne. Exemptions - Municipal Vehicles The provisions of Parts II and Ill of this by-law, except Section 209 thereof, do not apply to: Vehicles operated by or on behalf of the City of Port Colborne or the Region, any area municipality or any municipality utility while engaged in the performance of cleaning, clearing, maintenance, repair, construction or other work on any highway; Vehicles operated by or on behalf of the City of Port Colborne or the Region while on official business. Parts 11 and 111 of this by-law shall not, in the case of emergency, apply to an emergency vehicle. Application, Administration, and Enforcement This by-law shall be enforced by the Police Force and by any officer appointed for the enforcing or carrying out of the provisions of this by-law. Removal of Vehicles A Police Officer, upon discovery of any vehicle parked or standing in contravention of this by-law, of any vehicle apparently abandoned or of any vehicle without proper number plates on a highway, 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, care and storage thereof, if any, are a lien upon such vehicle, which may be enforced in the same manner provided in the Mechanics' Lien Act. Application of By-law This by-law applies to all highways and parts of highways under the jurisdiction of the City of Port Colborne. By-law Subject to the Highway Traffic Act The provisions of this by-law are subject to the provisions of the Highway Traffic Act. 22 1105.01 1106.01 By-law 89-2000 Schedules Adopted The Schedules referred to in this by-law shall form part of this by-law, and each entry in a column of such a schedule shall be read in conjunction with the entry or entries across therefrom and not otherwise. Former By-laws Repealed The following by-laws of the City of Port Colborne are hereby repealed: 2320/122/89, 2334/125/89, 2507/123/90, 2576/78/91, 2611/83/91, 2612/84/91, 2626/98/91, 2636/108/91, 2752/69/92, 2808/127 /92, 2850/31 /93, 2856/35/93, 2857 /36/93, 2933/113/93, 3012/46/94, 3018/52/94, 3039/7 4/94, 3073/108/94, 3074/109/94, 3100/135/94, 3162/33/95, 3168/39/95, 3210/82/95, 3233/105/95, 3234/106/95, 3246/119/95, 3284/13/96, 3293/22/96, 3299/29/96, 3304/34/96, 3332/63/96, 3334/65/96, 3360/91/96, 3377/108/96, 3384/115/96, 3428/10/97, 3435/17/97, 3441/23/97, 3460/42/97, 3467/48/97, 3491/72/97, 3567/148/97, 3594/20/98, 3595/21/98, 3605/31/98, 3619/45/98, 3620/46/98, 3634/60/98, 3667/93/98, 3669/95/98, 3691/117/98, 3701/127/98, 3707/133/98, 3718/03/99, 3801/87/99, 3807/93/99, 3831 /117/99, 3849/135/99, 3902/47/00, 3910/55/00, 3947/92/00, 3989/134/00, 3992/137/00, 4020/15/01, 4075/70/01, 4139/134/01, 4156/151/01, 4157/152/01, 4247/83/02, 4254/90/02, 4275/111/02, 4277/113/02, 4290/126/02, 4307/143/02, 4374/47/03, 4379/52/03, 4437/110/03, 4449/122/03, 4496/27/04, 4497/28/04, 4529/60/04, 4580/111/04, 4591/122/04, 4653/35/05, 4696/78/05, 4705/87/05, 4743/125/05, 4956/12/07, 4965/21/07, 4982/37/07, 4995/51/07, 4996/52/07, 5055/110/07, 5102/08/08, 5103/09/08, 5147/53/08, 5231/137/08, 5280/35/09, 5290/45/09, 5291/46/09, 5292/47/09, 5434/31/10, 5436/33/10, 5455/52/10, 5480/77/10, 5542/142/10, 5543/143/10, 5591/21/11, 5592/22/11, 5615/45/11, 5616/46/11, 5628/59/11, 5631/62/11, 5698/129/11, 5706/137/11, 5717/148/11, 5763/198/12, 5793/48/12, 5796/51/12, 5859/113/12, 5860/114/12, 5873/127/12, 6028/134/13, 6036/02/14, 6045/11/14, 6101 /67/14, 6176/02/15, 6183/09/15, 6189/15/15, 6198/24/15, 6267/93/15, 6396/76/16, 6274/100 15, 6348/28/16, 6356/36/16, 6394/74/16, 6395/75/16, 6396/76/16, 6447/14/17, 6507/74/17, 6508/75/17, 6523/90/17, 6563/18/18, 6614/69/18, 6615/70/18, 6639/03/19, 6724/88/19, 6787/36/20, 6804/54/20, 6910/06/20, 6816/66/20, 6824/7 4/20, 6837/87/20, 6843/93/20, 6844/94/20, 6882/30/21, 6878/26/21, and 6943/89/21. And any other by-law or provision thereof that is found to be inconsistent with this by-law is repealed in whole or in part with respect to such inconsistent provision or provisions upon the passing of this by-law. 23 1107.01 Approval by the Region of Niagara The provisions of this by-law shall take effect on September 1, 1989 after approval of this by-law, save and except Parts II and Ill thereof, by the Regional Municipality o Niagara. Enacted and passed this 26th day of April, 2022. By-law 89-2000 24 -- teele NicoleLRubli Acting City Clerk