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Bill# 2003.36
THE CORPORATION OF THE TOWNSHIP OF RAMARA
BYLAW 2003.52
BEING A BYLAW TO REGULATE THE PARKING OF
VEHICLES WITHIN THE TOWNSHIP OF RAMARA
Consolidated Version
*not intended for legal use*
WHEREAS the Municipal Act, 2001, Subsection 101(2), and the Highway Traffic Act,
Subsection 170(1 5), provides that a municipality may pass a bylaw to regulate or
prohibit the parking or leaving of a motor vehicle on land owned or occupied by the
municipality or any of its local boards without the consent of the municipality or local
board, as the case may be, it may provide for the removal and impounding or
restraining and immobilizing of any vehicle, at the vehicle owner's expense, parked or
left in contravention of the bylaw.
NOW THEREFORE, the Council of the Corporation of the Township of Ramara hereby
enacts as follows:
INDEX
1, Definitions;
2. General Provisions;
3. Regulations;
4. Enforcement;
5. Signage
6. Schedules
1. DEFINITIONS
1.1
All terrain vehicle means a vehicle that is capable of travelling on various
conditions and types of land surface.
1.2
Provincial Offences Officer means a person appointed by the Council of the
Corporation of the Township of Ramara to enforce the parking provisions of this
Bylaw.
1.3
Corner means the point of intersection of the curbs or edges of the travelled
portions of roadways used for vehicular traffic.
1.4
Driver means a person who drives or is in care or control of a vehicle.
1.5
Emergency Vehicle means
a) a fire department vehicle as defined in the Highway Traffic Act while proceeding
to a fire or responding to, but not while returning from, a fire alarm or other
emergency call;
b) a motor vehicle while used by a person in the lawful performance of his/her
duties as a police officer;
c) an ambulance while responding to an emergency call or being used to transport
a patient or injured person in an emergency situation,
d) a cardiac arrest emergency vehicle by or under the authority of a hospital; or
e) a motor vehicle operated by or under the control of the Township while carrying
out road, sewer and water maintenance and repairs or bylaw enforcement duties.
1 .6
Highway includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, any part of which is intended
for or used by the general public for the passage of motor vehicles and includes
the area between the lateral property lines thereof;
1 .7 Intersection means the area embraced within the prolongation or connection of
the lateral curb lines or, if none, then of the lateral boundary lines of two or more
travelled roadways that join one another at an angle, whether or not one crosses
the other.
1 .8 Motor Vehicle includes an automobile, motorcycle, bus, motor assisted bicycle
and any other vehicle propelled or driven otherwise than by muscular power
including a motorized snow vehicle, all terrain vehicle, traction engine, farm
tractor or road building machine.
1 .9
Motorized Snow Vehicles means a self-propelled vehicles designed to be driven
on snow or ice or both.
1 .10 Owner of Vehicle means the person to whom a vehicle is registered under the
Highway Traffic Act.
1.11 Park or Parking when prohibited means the standing of a vehicle, whether
occupied or not, except when standing temporarily for the purpose of and while
actually engaged in loading or unloading goods, wares, merchandise or
passengers.
1.12 Police Officer means a member of the police force of the Ontario Provincial
Police.
1.13 Roadway means that portion of a highway improved, designed or ordinarily used
for vehicular traffic.
1.14 Sidewalk means that portion of a highway at the side of or adjacent to a roadway
normally used for pedestrian traffic only.
1.15 Township means the Corporation of the Township of Ramara.
1.16 Traffic includes pedestrians, ridden or herded animals, vehicles and other
conveyance either singly or together while using any highway for the purposes of
travel.
1.17 Traffic control device means any sign or roadway, curb or sidewalk marking or
other device erected or placed under the authority of the Council for the purpose
of guiding or directing traffic.
1.18 Trailer means a vehicle that at any time drawn upon a highway by a motor
vehicle and not part of that motor vehicle. Without limiting the generality of the
foregoing, and for the purpose of this bylaw, a trailer includes recreational tent
and house trailers, boat trailers, recreational vehicle trailers, flat bed trailers and
any similar wheeled vehicle.
1.19 Traffic Control Signal means any device manually, electrically or mechanically
operated for the regulation or control of traffic.
1.20 Overnight shall mean from 12:00 a.m. to 7:00 a.m. (2016.56)
1.21 Prohibited Months shall mean from November 15th in any given year through
April 15th in the following year. (2016.56)
1.22 Commercial Motor Vehicle means a motor vehicle having permanently attached
there to a truck or delivery body, buses, tractors used for hauling purposes on the
highways and heavy trucks. (2020.67)
1.23 Heavy Truck means a commercial motor vehicle for carriage of goods having a
weight when unloaded, of 2.72 tonnes or more or, when loaded, of 4.54 tonnes
or more, but does not include a passenger vehicle, ambulance or any vehicle of a
police, fire department or the Township; (2020.67)
1.24 Recreational Vehicle means a motor vehicle or trailer, that is designed and used
as a mobile home for either sleeping, eating, office space or a combination
thereof. (2020.67)
2. GENERAL PROVISIONS
2.1
Where ever in this Bylaw a time of day or hour is referred to the time shall be
construed in accordance with standard time or day light saving time, as may be
in current official use in the Township;
2.2
Council by resolution may direct that any section of this Bylaw not be enforced
for a period of time, to be set out by Council, for the purpose of a function
deemed to be in the best interests of the Township;
2.3
This bylaw applies to the whole of the Township of Ramara;
2.4
This bylaw shall not apply to an emergency vehicle;
2.5
If a court of competent jurisdiction should declare any section or part of a section
of this bylaw to be invalid the remainder of this bylaw shall continue to be valid
and remain in force.
3.
REGULATIONS
3.1
No person shall park, drive, or operate a motor vehicle or trailer on a highway
except in accordance with and as authorized by this bylaw;
3.2
No person shall park or stop a motor vehicle or trailer on a highway within 6
metres of an intersection; (2019.09)
3.3
No person shall park or stop a motor vehicle or trailer on a roadway within 3
metres of a point in the edge of the roadway nearest a fire hydrant; (2019.09)
3.4
No person shall double park a motor vehicle or trailer on a highway or a roadway.
3.5
No person shall park a motor vehicle or trailer on the roadway set out in
Schedule "A" of this bylaw;
3.6
No person shall park a motor vehicle or trailer on the roadway set out in
Schedule "B" to this bylaw between the dates November 1st and April 1st during
the prohibited months; (2019.09)
3.7
No person shall park a motor vehicle or trailer on a footpath or sidewalk of a
highway;
3.8
No person shall park a motor vehicle or trailer on a bridge over or across which a
highway passes;
3.9
No person shall park a motor vehicle or trailer in a manner as to obstruct an
entranceway for motor vehicles to pass between the roadway and land
contiguous to the highway;
3.10 No person shall drive or operate a motor vehicle or trailer on a sidewalk or
footpath on a highway except for the purpose of directly crossing the sidewalk or
footpath;
3.11 No person shall operate or drive a motor vehicle or trailer over a raised curb on a
highway except at a place where a ramp has been provided by the Township or
approved by the Township, the County of Simcoe or the Ministry of
Transportation;
3.12 No person shall park a motor vehicle or trailer on any highway except as follows:
a)
where parallel parking is permitted and there is a raised curb with the right
front and right rear wheels parallel to and not more than, .15 metres from
such curb;
b)
where parallel parking is permitted and there is no raised curb, with the front
right and right rear wheels parallel to and as near to the right hand limit of
the roadway as practicable without parking on a sidewalk, footpath or any
part of the highway where grass is grown or which is not intended for
vehicle use;
c)
where angle parking is permitted and there is a raised curb, with the front
end of the motor vehicle nearest the curb not more than .15 metres set out
from such curb.
d)
where angle parking is permitted and there is no curb with the vehicle more
than .15 metres away from the travelled portion of the roadway.
3.13 No person shall park a motor vehicle or trailer on a highway in a position or place
that prevents, interferes with or is likely to prevent or interfere with the movement
of motor vehicle traffic;
3.14 No person shall park a vehicle or trailer on any highway in excess of 48 hours.
3.15 No person shall park in any place or position to prevent the convenient removal
of any other vehicle previously parked;
3.16 No person shall park on property owned or occupied by the municipality or any
local Board thereof without consent of the Township or Local Board as the case
may be. For the purpose of this section, land owned by the municipality includes
all municipal parking lots, road allowances, parks and vacant lands within the
municipality whether or not such highways or road allowances have been
assumed by the Township for use by the public. Where one or more signs have
been posted on municipal property stating conditions on which a motor vehicle
may be parked or left or prohibiting the parking or leaving of a motor vehicle on
the property, a motor vehicle parked or left on the property contrary to such
conditions or prohibition shall be deemed to have been parked or left without
consent. (2011.49)
3.17 Under the provisions of the Highway Traffic Act, Section 170 (12) no person shall
park or stand a vehicle on a highway in such a manner as to interfere with the
movement of traffic or the clearing of snow from the roadway.
3.18 No person shall park in a handicapped parking space without a proper permit
clearly visible. (2006.47)
3.19 No person shall park a vehicle on any Township road overnight during the
prohibited months. (2016.56)
3.20 No person shall park a Commercial Motor Vehicle or heavy truck on any
Township road overnight between the hours of 9:00 pm and 9:00 am the
following day. (2020.67)
3.21 No person shall park a Recreational Vehicle on any Township road overnight
between the hours of 9:00 pm and 9:00 am the following day. (2020.67)
3.22 No person shall park a vehicle on a road, highway or in a municipal parking lot in
a neighbourhood, waterfront area or in municipal parking lot where "No Parking
Except by Permit" signs are on display at the entrance to such neighbourhood,
waterfront area or municipal parking lot without a valid Township of Ramara
parking permit. (2021.34)
4.
ENFORCEMENT
4.1
Where a vehicle or trailer is found parked in contravention of any of the parking
provision of this bylaw, the Provincial Offences Officer who is responsible for the
enforcement of the Bylaw so finding the vehicle may commence proceedings for
parking infractions under Part 2 of the Provincial Offences Act, 1990, Chapter P.
33;
4.2
Every person who contravenes any provision of this bylaw is guilty of an offence
and is liable to a fine as listed in Schedule "C" attached to and forming part of
this bylaw.
4.3
Every person who contravenes the provisions of this bylaw is guilty of an offence
and upon conviction is liable to a fine or penalty as provided by the Provincial
Offences Act.
4.4
Notwithstanding the foregoing, and where applicable, a person served with an
Offence Notice may report to the Township Office to make the "early payment"
indicated on the said Notice. Such early payment must be received by the
Township within 14 days of the date when the Notice was issued inclusive of
Saturdays, Sundays and holidays.
4.5
Where a motor vehicle or trailer has been parked in contravention of this bylaw
the owner of the motor vehicle or trailer, notwithstanding that he was not the
driver of the motor vehicle at the time of the contravention of this bylaw is guilty
of an offence and is liable to the fine prescribed for the offence herein unless at
the time of the offence, the motor vehicle was in the possession of some person
other than the owner without the owner's consent.
4.6
In addition to and notwithstanding Section 4.2 of this bylaw where a vehicle is
found parked in contravention of the parking provisions of this bylaw a Provincial
Offences Officer who is responsible for the enforcement of this Bylaw, may cause
the vehicle to be moved or taken to and placed or stored In a suitable place and
all costs or charges for removing, care and storage shall be a lien against the
vehicle which may be enforced in the manner provided by the Repair and
Storage Liens Act.
4.7
Where a conviction is entered under Section 4, in addition to any other remedy or
penalty provided by law, the Court in which the conviction has been entered, and
any Court of competent jurisdiction thereafter, may make an order prohibiting the
continuation or repetition of the offence by the person convicted.
4.8
The Ontario Provincial Police may enforce this bylaw.
4.9
The Council may appoint one or more persons by bylaw as Provincial Offence
Officers to enforce the provisions of this bylaw.
5. ROAD SIGNAGE
5.1
Where road signs are displayed, no persons shall park a vehicle on any roadway
at the side and between the limits as set out in Schedule "A & B".
5.2
Signage shall be displayed at road entrances to the Township advising motorists
that no parking is permitted overnight on any Township road between November
15th and April 15th. (2016.56)
6. SCHEDULES
6.1
Schedules A, B and C shall form and be part of this bylaw.
7. ENACTMENT
7.1
That bylaws 2000.63 and 2001.24 shall be repealed.
7.2
That this bylaw shall come into force and take effect on the date the Order for the
set fines is approved by the Ontario Court of Justice.
BYLAW READ A FIRST, SECOND AND THIRD TIME AND
FINALLY PASSED ON THE 28TH DAY OF JULY 2003.
"Thomas V. Garry, MD"
Thomas V. Garry, MD
Mayor
"Janice McKinnon"
Janice McKinnon
Deputy Clerk