This is the exact embedded text of the captured official document.
Snapshot 7f022006e945 · verified 2026-06-10 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the
Township of Selwyn
By-law No. 2017 - 020
Being a By-law for the Regulation of Parking
Whereas the Ontario Municipal Act, 2001, S.O. 2001, C. 25, as amended, Section 11
(3) states that a municipality may pass By-laws in respect of the highways including
parking and traffic on highways, in which it has jurisdiction over; and
Whereas Section 63(1) of the Municipal Act, 2001, as amended, permits a
municipality, subject to subsection 170(15) of the Highway Traffic Act, to remove and
impound or restrain and immobilize any object or vehicle placed, stopped, standing or
parked on or near a highway in contravention of this By-law; and
Whereas Section 101(1) of the Municipal Act, 2001, as amended, permits a
municipality, subject to subsection 170(15) of the Highway Traffic Act, to remove and
impound or restrain and immobilize any vehicle, at the owner's expense, parked or left
in contravention of this By-law; and
Whereas Section 425 (1) of the Municipal Act, 2001, as amended, states that a
municipality may pass By-laws providing that a person who contravenes a By-law of
the municipality passed under this Act is guilty of an offence, 2006, c. 32, Sched. A,
s. 184.
Whereas Section 428 of the Municipal Act, 2001, as amended, stated that where a
vehicle has been left parked, stopped or standing in contravention of a By-law passed
under this Act, the owner of the vehicle is guilty of an offence, even though the owner
was not the driver of the vehicle at the time of the contravention of the By-law, and is
liable to the applicable fine unless, at the time of the offence, the vehicle was in the
possession of another person without the owner's consent, 2006, c. 32, Sched. A, s.
184; and
Whereas Section 429 (1) of the Municipal Act, 2001, as amended, permits a
municipality to establish a system of fines for offences under a By-law of the
municipality passed under this Act. 2006, c. 32, Sched. A, s. 184;
Now Therefore the Council of the Corporation of the Township of Selwyn Enact as
Follows:
1. Definitions
a. Commercial Vehicle - means a vehicle which has:
i. The name of a commercial business clearly marked on any door or
side panel of such vehicle by means of painting or other sign;
and/or
ii. Any vehicle bearing a valid and current commercial vehicle licence
plate.
b. Emergency Vehicle - means an ambulance, fire department vehicle, or police
vehicle
c. Highway - includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, any part of which is used or
intended for use by the general public for the passage of vehicles.
d. Official Sign - means a sign approved by the Township of Selwyn.
e. Park or Parking - when prohibited means the standing of a vehicle or
equipment, whether occupied or not, except when standing temporary for the
purpose of and while actually engaged in loading or unloading merchandise or
for receiving or discharging passengers.
f. Prohibited Parking Area - includes all areas as noted in Schedule "A" of this By-
law
g. Vehicle - includes a motor vehicle, trailer, traction engine, farm tractor, road
building machine and any vehicle and/or piece of equipment that is drawn,
propelled or driven by any kind of power, including muscular power.
h. The following definitions are incorporated from the Provincial Offences Act:
i. Provincial Offences Officer;
ii. Parking Infraction Notice;
iii.
Set Fine
2. Prohibition
No person shall park a vehicle, including equipment and/or a commercial vehicle, on
the "Highway", or portions thereof within the jurisdiction of the Township of Selwyn as
provided in Schedule "A" of this By-law, such areas being designated as "Prohibited
Parking Area" and identified on the roadway with an "Official Sign".
3. Enforcement
The provisions of this By-law may be enforced by a Provincial Offences Officer or a
person designated as a municipal law enforcement officer by the Township.
4. Offences and Penalty
Offences Created: Every 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.
Warning: A "Provincial Offences Officer" appointed to carry out the provisions of this
By-law may, upon observing any object or vehicle parked in contravention of this By-
law, issue a "Parking Infraction Notice" as a warning to vehicle owners of their
contravention of this By-law.
Towing: A "Provincial Offences Officer", appointed to carry out of the provisions of this
By-law may, upon observing any object or vehicle parked in contravention of this By-
law, cause it to be removed, impounded, restrained and/or immobilized, in accordance
with the provisions of subsection 170(15) of the Highway Traffic Act. Towing may
occur in addition to any other enforcement mechanism. All costs and charges for
removing care and storage, if any, are a lien against the said vehicle which may be
enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990,
Chap R.25, as amended.
Fine: A "Provincial Offences Officer", appointed to carry out the provisions of this By-
law may, upon observing any object or vehicle parked in contravention of this By-law,
issue a "Parking Infraction Notice" indicating the set fine for the infraction.
Owner's Responsibility: Where a vehicle has been left parked in contravention of this
By-law, the owner of the vehicle, notwithstanding that the owner was not the operator
of the vehicle at the time of the contravention of this By-law, is guilty of an offence and
is liable to the fine prescribed for the offence.
5. Exceptions
If compliance of this By-law is impracticable, then it shall not apply to the following
vehicles while engaged in bonafide work related activities:
a. "Emergency Vehicles";
b. Utility Vehicles such as Hydro, Bell etc.;
c. Vehicles while engaged in works undertaken by or on behalf of the Township of
Selwyn.
6. Integrity of By-law - Severability
Notwithstanding that any part or parts, or section or sections of this Bylaw, may be
found by any court of law to be beyond the powers of the Council to enact, such part or
parts, or section or sections thereof shall be deemed to be severable, and all other
sections of this By-law, or parts thereof, are separate and independent therefrom and
enacted as such.
7. Effective Date
This By-law shall come into force and take effect on the date that it is approved by the
Council of the Township of Selwyn, and, subject to the date that the Regional Senior
Justice of the Ontario Court of Justice approves each set fine as set out in Schedule "B" for
"Parking" infractions under this By-law, and where applicable, when an "Official Sign" to
give effect to this By-law is erected or displayed.
Read a first, second and third time and finally passed on this 11th day of April A.D.,
2017.
Mayor Mary Smith
Angela Chittick, Clerk
Corporate Seal
Schedule "A"
"Prohibited Parking Area"
Highway
Side
Between
Prohibited
Nicholl's Blvd
East
Harrison Street to East Communications
Road
Anytime
East Communications
Road
North
Nicholl's Blvd to Lake Chemong (approx.
27 metres)
Anytime
Kelly Blvd
West
East Communication Road to Bridge
Road
Anytime
East Communications
Road
South
Ward Street to Kelly Blvd
Anytime
Schedule "B"
Set Fine
Area
Set Fine
Parked in "Prohibited Parking Area"
$25.00