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THE CORPORATION OF THE TOWNSHIP OF STRONG
BY-LAW 2019-006
Being a By-law to Regulate and Control Parking in the Township of Strong
________________________________________________________________
WHEREAS Sections 8 and 10 of the Municipal Act, 2001, S.O. 2001, c. 25, as
amended confer upon Councils the power to pass a by-law in relation to the
Parking of Vehicles on Municipal Highways and on other lands owned by the
Municipality;
AND WHEREAS Sections 63 and 101 of the Municipal Act, 2001, S.O. 2001, c.
25, as amended shall permit such by-law to authorize the impounding of Vehicles
improperly parked;
AND WHEREAS Sections 425, 427, 428 and 429 of the Municipal Act, 2001,
S.O. 2001, c. 25, as amended shall authorize the creation of offences and the
imposition of liability on the owner of a Vehicle left parked, Stopped or standing in
contravention of such by-law, and for the payment of penalties out of court.
AND WHEREAS the Council of the Corporation of the Township of Strong
deems it expedient to pass a By-law to regulate and control parking within the
Township of Strong;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
TOWNSHIP OF STRONG ENACTS AS FOLLOWS:
1.0 Definitions:
In this By-law:
1.1
"Act" means the Highway Traffic Act, R.S.O. 1990, c. H.8 and shall include
the regulations thereunder;
1.2
"Boulevard" means an improved or unimproved area lying between the
Road and the street line;
1.3
"By-law Enforcement Officer" means a person who is appointed by
Council to enforce by-laws enacted and passed by Council;
1.4
"Crosswalk" means the part of the Highway at an Intersection distinctly
indicated for pedestrian crossing by signs or by lines or other markings;
1.5
"Council" means the Council of the Corporation of the Township of Strong;
1.6
"Designated Accessible Parking Space" means a parking space:
a) located on-street or in a Public Parking Lot owned or under jurisdiction
of the Township
b) marked by a Sign as prescribed by the Act as a parking space to be for
the sole use of Vehicles displaying a Permit;
1.7
"Driveway" means a Highway as defined in the Act;
1.8
"Fire Route" means any Highway or other means of vehicular access to or
from a building and it may include part of a parking lot set aside for use by
authorized emergency Vehicles;
1.9
"Highway" as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8;
1.10 "Intersection" means the area where two or more roads meet and includes
9 meters from the lateral boundary lines of two or more roads;
1.11 "Official Sign" means any permanent or temporary Sign or Road, curb or
Sidewalk marking or other device placed or erected on a Highway under
the authority of this By-law and specified in the Act or otherwise approved
by Council for the purpose of regulating, warning and guiding traffic;
1.12 "Operator" means a person who operates a motor Vehicle;
1.13 "Owner" means a person who is registered as the owner of a motor
Vehicle;
1.14 "Park", "Parked" or "Parking" means the standing of a Vehicle, whether
occupied or not, except when parked temporarily for the purpose of and
while actually engaged in loading or unloading merchandise or
passengers;
1.15 "Parking Space" means a portion of the surface of a street or Parking lot
designated by markings, the use of which is intended for a Vehicle to
remain or to leave a Vehicle for a period of time;
1.16 "Person with a Disability" means an individual that meets the requirements
of such as set out in the Accessibility for Ontarians with Disabilities Act
(AODA) S.O. 2005, CHAPTER 11;
1.17 "Permit" means an accessible Parking Permit issued by the Province
pursuant to the Act or other device issued for the same purpose by
another jurisdiction and recognized in law by that jurisdiction and not being
expired;
1.18 "Public Parking Lot" means any open public area or portion of a structure
other than a street or Highway, intended for the temporary Parking of
Vehicles and on which there are designated Parking spaces, whether their
use involves the payment of a fee or otherwise, under jurisdiction of the
Township;
1.19 "Road" means the part of the Highway that is improved, designed or
ordinarily used for vehicular traffic, but does not include the shoulder;
1.20 "Sidewalk" means a path or strip of land paved or otherwise on a Highway
physically set apart or designed, made available or intended for pedestrian
use;
1.21 "Sign" means a Sign that is in accordance with the requirements of the
Act;
1.22 "Standing" means the Stopping of a Vehicle to engage in the unloading
and loading passengers;
1.23 "Stop" or "Stopped" means the halting of a Vehicle, even momentarily,
whether occupied or not, except when necessary to avoid conflict with
other traffic, or to comply with the directions of a police officer or a traffic
control Sign or Signal;
1.24 "Street" means a Highway as defined in the Act;
1.25 "Township" means the Corporation of the Township of Strong;
1.26 "Vehicle" includes any automobile, motorcycle, motor assisted bicycle,
trailer, traction engine, farm tractor, road building machine and Vehicle
drawn, propelled or driven by any kind of power, including muscular power
and motorized snow Vehicles but does not include a motor Vehicle
running only upon rails;
1.27 "Unauthorized Vehicle" means:
a) a Vehicle that is not displaying an accessible Parking Permit in
accordance with the requirements of this by-law or the Act;
b) a Vehicle that is displaying an accessible Parking Permit but is not
being used to pick up or transport the holder of the Permit; or
c) in the case of corporation to which an accessible Parking Permit that
has been issued and is not being used to pick up or transport a Person
with a Disability.
2.0 Parking Regulations and Prohibitions:
2.1
No person shall Park a Vehicle outside of a designated Parking Space.
2.2
No person shall at any time Park a Vehicle facing in a direction opposite to
that of the traffic on the side of the road on which the Vehicle is Parked.
2.3
No person shall Park a Vehicle on a Sidewalk or Boulevard.
2.4
No person shall Park a Vehicle in front of a public or private driveway.
2.5
No person shall Park a Vehicle within an Intersection.
2.6
No person shall Park a Vehicle on any Highway in such a manner as to
obstruct traffic.
2.7
No person shall Park a Vehicle in a position that will prevent the
convenient exit of any other Vehicle previously Parked or standing.
2.8
No person shall Stop a Vehicle on a Sidewalk.
2.9
Where an Official Sign or Signs have been erected prohibiting it, no
person shall Stop in an area indicating no Stopping.
2.10 Where an Official Sign or Signs have been erected prohibiting the Parking
of a Vehicle, no person shall Park in an area indicating no Parking.
2.11 Where an Official Sign or Signs have been erected prohibiting Parking, no
person shall Park a Vehicle in a Fire Route.
2.12 Where an Official Sign or Signs have been erected prohibiting Parking, no
person shall Park a Vehicle overnight between the hours of 11:00pm and
7:00am.
.
2.13 Every Designated Accessible Parking Space on a Highway or within a
Public Parking Lot under jurisdiction of the Township shall be distinctly
indicated by a Sign, which is in a form and content as prescribed by the
Act, as amended.
2.14 Every Designated Accessible Parking Space Signed in the manner
described in Section 2.20 above, is designated for the exclusive use of a
Vehicle displaying a valid Accessible Parking Permit.
2.15 A Vehicle displaying a valid Permit or number plate bearing the
international symbol of access for Persons with a Disability that is issued
by the authority having the jurisdiction is entitled to the same privileges as
a Vehicle displaying an Accessible Parking Permit issued under the Act.
2.16 All Signed Designated Accessible Parking Spaces shall be subject to
enforcement upon any Public Parking Lot and any Highway owned or
under the jurisdiction of the Township.
2.17 No person shall Park an Unauthorized Vehicle in a Designated Accessible
Parking Space.
3.0 Penalties:
3.1
Every person who contravenes any provision of this by-law is guilty of an
offence and on conviction is liable to a fine as provided for in the
Provincial Offences Act.
3.2
Every person who is guilty of an offence under this By-law, if permitted
under the Provincial Offences Act, may pay a set fine as approved by the
appropriate Justice of the Ontario Court of Justice, in accordance with
Schedule "A" attached to this By-law.
3.3
The owner of a Vehicle may be charged with and convicted of an offence
under this Bylaw for which the driver of the Vehicle is subject to be
charged and on conviction the owner is liable to the penalty prescribed or
provided for the offence, unless, at the time of the offence, the Vehicle
was in possession of some person other than the owner without the
owner's consent.
3.4
Within seven (7) days of the date of infraction, inclusive of Saturdays,
Sundays and statutory holidays, the Owner or Operator may make the
Early Option Payment as listed in Schedule "A".
3.5
The provisions of this By-law shall not apply in respect of municipally
owned or emergency Vehicles while the occupants of such Vehicles are
engaged in the performance of their duties.
4.0 Exemptions:
4.1
Section 3.1 does not apply to:
a)
Emergency Vehicles while engaged in their duty;
b)
Township employees engaged in the maintenance of a Designated
Accessible Parking Space;
5.0 Removing and Impounding Vehicles:
5.1
Where a By-Law Enforcement Officer under the authority of Section
170(15) of the Highway Traffic Act R.S.O. 1980, Chapter 198 c.8, finds a
Vehicle on a Highway in contravention of this section or the regulations,
he or she may move the Vehicle or require the driver or Operator or other
person in charge of the Vehicle to move it or may upon discovery of any
Vehicle found 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, are a lien upon the Vehicle, which
may be enforced in the manner, provided by Section 4(4) of the Repair
and Storage Liens Act , R.S.O. 1990, Chapter R.25.
6.0 Enforcement:
6.1
Enforcement of this by-law shall be carried out by the Township or the
Ontario Provincial Police.
7.0 Defined Area
Original Copy Signed
Original Copy Signed
7.1
This By-law applies to all public parking lot's and highways within the
boundaries of the Township of Strong.
8.0 Severability:
8.1
If a court of competent jurisdiction should declare any section or part of a
section of this by-law to be invalid, such section or part of a section shall
not be construed as having persuaded or influenced Council to pass the
remainder of the by-law. Such section shall be severed and it is hereby
declared that the remainder of the by-law shall be valid and shall remain in
full force and effect.
9.0 Short Title:
9.1
This By-law shall be known as the "Parking By-Law" and shall come into
effect upon passage.
AS READ a first and second time this 22nd day of January, 2019.
AS READ a third time and finally passed this 22nd day of January, 2019.
__________________________________________
Mayor Kelly Elik
__________________________________________
Clerk Administrator, Caitlin Haggart
Seal
CORPORATION OF THE TOWNSHIP OF STRONG
PART II PROVINCIAL OFFENCES ACT
By-Law No. 2019-006 -
Parking By-Law
Schedule "A"
Item
Column 1
Short Form Wording
Column 2
Provision Creating
or Defining Offence
Column 3
Voluntary
Payment
Payable within
7
Days
Column
4
Set
Fine
1
Parked outside a
designated space
2.1
$20.00
$25.00
2
Parked wrong way
2.2
$20.00
$25.00
3
Parked obstructing
driveway
2.4
$20.00
$25.00
4
Parked within an
intersection
2.5
$20.00
$25.00
5
Parked obstructing
traffic
2.6
$25.00
$30.00
6
Parked preventing
vehicle from leaving
2.7
$25.00
$30.00
7
Stopped in prohibited
area
2.9
$30.00
$40.00
8
Parked in prohibited
area
2.10
$30.00
$40.00
9
Parked in a fire route
2.11
$75.00
$100.00
10
Parked overnight
2.12
$25.00
$30.00
11
Parked unauthorized
vehicle in designated
accessible parking
space
2.17
N/A
$300.00
Note: the general penalty provision for the offences listed above is section 3.1 of
By-law 2019-006, a certified copy of which has been filed.