Parking By-law No. 2011-049 (Tay Valley Township)
Tay Valley, Ontario
· No. 2011-049
· adopted 2011-09-27
· summary & facts
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BY-LAW NO. 2011-049
PARKING BY-LAW
WHEREAS, Section 11 (3) of the Municipal Act, 2007, S.O. 2001, Chapter 25, as amended,
provides that a municipality may pass by-laws respecting matters within its spheres of :
Jurisdiction, including parking and traf ic on highways;
AND WHEREAS, Section 7.1 (1) (c) of the Fire Protection and Prevention Act 1 997, $.0.
1997, Chapter 4, as amended, provides that’a council of a municipality may pass by-laws
designating private roads as fire routes along which no parking of vehicles shall be permitted
and providing for the removal and impounding of any vehicle parked or left along any of the
fire routes at the expense of the owner of the vehicle;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of Tay Valley
Township: enacts as follows:
1.
DEFINITIONS
For the purpose of this By-Law:
“Accessible Parking Permit” — means a permit issued by the Ministry of
Transportation to individuals and entitles the vehicle i in which it is $ displayed to be
parked ina designated accessible parking space...
“Accessible Parking Space” —means a parking ¢ space designated inde this by-law
for the exclusive use of a vehicle displaying a permit in accordance with the
requirements of the Highway Traffic Act and the regulations made there under.
“Crosswalk” ~ means,
(a) © that part of the highway at an intersection that is included within the
connections of the lateral lines of the sidewalks on opposite sides of the
highway measured from the curbs, or in the absence of curbs, from the
edges of the highway, or
(b) — any portion of a highway at an intersection or elsewhere distinctly
indicated for pedesirian crossing by signs or by lines or other markings
on the surface.
“Curb” — shall include the edge of the travelled portion of the highway.
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THE CORPORATION OF TAY VALLEY. TOWNSHIP
BY-LAW NO. 2011-049
“Driveway” — means improved land ona highway which provides vehicular access
between a highway to a laneway or a parking area on adjacent land.
“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 vehicles and includes the area between
the lateral property lines thereof. :
“Intersection” — means the area embraced within the prolonged or connection of the
lateral curb lines. or, if none, then of the lateral boundary lines of two or more highways
which join.one another at an angle, whether or not. one highway crosses the other.
“Municipal Law Enforcement Officer” —means.a: Police Officer, By-Law
Enforcement Officer, or another person duly appointed to enforce the by-laws of the
Township.
“Parking Lot (public or private)” — means any open area or portion of ¢ a structure,
other than a street or highway intended for the temporary parking of vehicles whether
its use involves the payment of a fee or otherwise.
“Parking Space” — means a part of the highway, the use of which is designated by
signs or posts or lines or other markings on the highway or any other area, including a
parking lot, used for the purpose of. Parking a vehicle...
“Sidewalk” — means that portion of: a highway between the. curb lines and. the .
property line of the lot abutting the highway and which is intended for the use of
pedestrians. : i Loh
“Township” - — means the Corporation of Tay Valley Township,
“Vehicle” — includes an automobile, truck, motorcycle, a motor-assisted bicycle,
motorized snow vehicle, bus, trailer, traction engine, farm tractor, road-building
machine and any other vehicle drawn, propelled.or driven by any kind of power,
including muscular power, but does not include vehicles running only upon rails.
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BY-LAW NO. 2011-049
METHOD OF PARKING
2.1
2.2
Direction.
No person shall place, park, stop or stand an object or vehicle on any highway
unless itis on the right-hand side of the highway, having regard for the direction
in V which the vehicle is proceeding.
Within Parking Space
Individual parking spaces may be defined by the Township by painted lines or
other suitable parks on the surface of the parking lot or highway.
PARKING AND STOPPING PROHIBITED - AT ANY TIME
3.1
No: person shall place, park, stop or stand or cause to be parked, placed,
stopped or stood, any object or vehicle in any of the following places at any time
of the day unless such stopping is explicitly permitted by painted lines on the
pavement, signs or other municipal markings or at the direction of a Municipal
‘Law Enforcement Officer:
3.1.1 on any sidewalk;
3.1.2 in any intersection; .
3.1.3 within nine (9) meires of any intersection:
3.1.4 within fifteen (15) metres of a controlled intersection;
3.1.5. within six (6) metres of a crosswalk at an intersection; |
3.1.6 on any crosswalk;
3.1.7 on any curb;
3.1.8 in'a cul-de-sac; pe fs
3.1.9 in front of a public driveway;
3.1.10 within half a (.5) metre of a public driveway;
3.1.11 in front of a private driveway;
3.1.12 within half a (.5) metre of a private’ driveway;
3.1.13 in front of the entrance to a fire station;
3.1. 14 within three (3) metres from the closest point on a curb to any fire
hydrant;
3.1.15 on any rail crossing;
3.1.16 within fifteen (15) metres of a level railway crossing;
3.1.17 on any bridge;
3.1.18 on the approaches to any bridge;
3.1.19 on any highway in such a manner as to obsiruct traffic;
3.1.20 on any Yield Lane;
3.1.21 within five (5) metres of any Yield Lane;
3.1.22 adjacent to any median strip constructed on any highway;
3.1.23.in such.a position as to prevent the convenient departure of any other
vehicle previously parked or standing.
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THE CORPORATION OF TAY VALLEY. TOWNSHIP
BY-LAW NO. 2011-049
PARKING PROHIBITED — DESIGNATED “NO PARKING” AREAS
4.1. Those highways and portions of highways named and described | in Schedule
“A” of this by-law shall be designated as “No Parking” areas.
4.2 No person shall place, park, stop or stand an object or vehicle at any time within
the highway or portion of highway named and agsqribed in Schedule “A” of this
by-law.
ACCESS ROUTES FOR FIRE DEPARTMENT
5.1. Those highways, portions of highways and portions of parking lots named and
described in Schedule “B” of this by-law shall be designated “Fire Access
Routes’. .
5.2. No person shall place, oy stop or stand ary object or vehicle at any time within
or so as to obstruct a Fire Access Route named and described in Schedule “B”
of this by-law.
DESIGNATED PARKING SPACES — ACCESSIBLE PARKING SPACES
6.1 Those highways:or portions of highways ani public property named and
described in Schedule “C” of this by-law: shall: be designated a as “Accessible
Parking Spaces”.
6.2 No person shall park a vehicle at any time in a “Accessible: Parking Space”
when a properly marked Sign is displayed, unless:
6.2.1 a valid Accessible Parking Permit i is displayed on the front dash of the
vehicle or the front of an extended sun visor so as to be clearly visible
from the exterior of the vehicle; and
6.2.2 the vehicle is operated by the holder of an Accessible Parking Permit or
by a person engaged to pick up or transport the holder of an Accessible
Parking Permit.
6.3 No person shall use or display an Accessible Parking Permit in any fashion
other than for which the permit was issued.
DESIGNATED PARKING SPACES
7.1. Those highways or portions of highways and public property. named and
described in Schedule “D” of this by-law shall be designated as “Parking
Spaces”.
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10.
WINTER PARKING RESTRICTIONS
8.1
8.2
No person ‘shall place, park, stop or stand: an object or r vehicle or permit a
vehicle to remain placed, parked, stopped or stood on any highway or ina
municipal parking lot between the hours of 2:00 a.m. to 7:00 a.m. from
‘December 1* in any year to March 31° of the following year; both dates |
- inclusive. ioletesy etl
No person shall place, park, stop or stand an object or vehicle or permit a
vehicle to be placed, parked, stopped or stood on any highway: so:as to
interfere in any manner with the work of removing snow or ice there from and in
such a manner as to interfere with highway cleaning operations.
ERECTION OF SIGNS
9.1
9.2
9.3
9.4
The Township shail erect and maintain all authorized signs and other parking
control devices necessary for the lawful implementation and enforcement of this
by-law.
No person shall place, maintain or dispiay’on or in the view of any highway, any
sign, signal, marking or device which purports to be, or is an imitation, or
resembles, any authorized sign or parking control device.
No person shall damage, deface or tamper with any authorized sign or other
eontro| device; fH)
No unauthorized person shall move or remove any authorized sign or conirol
device.
EMERGENCY PROHIBITION
10.1
Notwithstanding anything to the contrary contained herein, a Municipal Law
Enforcement Officer during any emergency or special circumstance may:
10.1.1 prohibit any or all parking on a highway within the area affected by the
emergency or special circumstance;
10.1.2 authorize the erection of temporary “No Parking” signs or barricades on
any highway or portion of highway;
10.1.3 declare that any vehicle already parked is parked illegally regardless of
the time permitted for parking such vehicle under the provisions of this
py-law,
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11.
12.
10.2
10.3
10.4
THE CORPORATION OF TAY VALLEY TOWNSHIP
~ BY-LAW NO. 2011-049
Where possible, the owner or driver of a vehicle declared to be illegally parked |
under this Section shall be notified by a Municipal Law Enforcement Officer that
~.guch parking has been:prohibited and shall be ordered fon remove the vehicle
awtitrin a specified time frame:
Where the owner or driver notified under Section 10.2 of this by-law to remove
the vehicle, does not do so, or where the owner or driver cannot immediately be
located, the said vehicle declared to be parked illegally may be revoked and
_ impounded forthwith by an order of a Municipal Law Enforcement Officer'in
accordance with Section 12 of this by-law.
Where in the opinion of the Municipal Law Enforcement Officer the owner has
not voluntarily contravened the order issued under Section 10.3 of this by-law,
the costs associated with removing, caring and storing the vehicle will be borne
by the Township.
EXEM PTIONS
11.1
11.2
11.3
Municipal Vehicles
_ ‘Any vehicle owned by the Township shall be permitted to park in any parking
space or on any highway, provided that the said vehicle displays. on the exterior
of the vehicle,-a recognized symbol of the Township.
Emergency Vehicles. tk
Any authorized emergency vehicle ‘shall be permitted to park i in any parking
space or on any highway, provided that the said vehicle displays on the exterior
of the vehicle, a recognized symbol of the emergency service. This exemption
also includes the personal vehicles of volunteer firefighters when on duty.
Utility Vehicles ae i gRAS
Any authorized utility vehicle shall be permitted to park ir in any parking space or
on any highway, provided that the said vehicle displays on the exterior of the
vehicle, a recognized. symbol of the utility service.
REMOVAL OF ILLEGALLY PARKED VEHICLE
12.1
12.2
A Municipal Law Enforcement Officer, upon discovery of any vehicle parked, or
left on any highways or portions of highways and public property. that is in
contravention of the provisions of this by-law may cause such vehicle to be
moved or taken to and placed or stored in a suitable place.
All costs and charges for removing, caring and: storing the vehicle, if any, shall
be paid by the owner to the Township prior to it being released by the Municipal
Law Enforcement Officer, in accordance with the Repair and Storage Liens Act.
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13.
14,
15.
16.
17.
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2041-049
12.3 The Township will not be liable for damages that may occur to vehicles being
moved under the provisions of Section 12 of this by-law.
ENFORCEMENT
13.1 Municipal Law Enforcement Officers are authorized to efeitos this By-Law on
behalf of the Township.
PENALTIES
14.1 Any person who contravenes any provision of this by-law shall be guilty of an
offence and shall be liable, upon conviction, to a fine for each offence in
accordance with Section “D" of this by-law.
14.2 Upon registering a conviction for the contravention of any provision of the by-
law, in addition to any other remedy and to any penalty imposed by the 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, pursuant to the Municipal Act,
2001, as amended.
BY-LAWS TO BE REPEALED
15.1 By-Law No. 2008- 049 is hereby repealed.
15.2 All by-laws or parts thereof and resolutions passed prior to this by-law which are
in contravention of any terms of this by-law are hereby rescinded.
ULTRA VIRES
16.1 Should any sections of this by-law, including any section or part of any
schedules attached hereto, be declared by a court of competent jurisdiction to
be ultra vires, the remaining sections shall nevertheless remain valid and
binding.
EFFECTIVE DATE
ENACTED AND PASSED this 27" day of September, 2011.
Amanda Mabo, Clerk
BY-LAW NO. 2011-049
SCHEDULE “A”
“NO PARKING” AREAS _
HIGHWAY FROM TO SIDE ef PERIOD
Glen Tay Road North bound lane | Immediately south | Both sides of Anytime
(Rail Crossing). .| on Glen Tay.Road_| of the Glen Tay Road
rail crossing
affecting north
and south bound
traffic
Harper Road
intersection of
Highway No. 7 and
500 metres North
on Harper Road
West side of
Harper Road .
Monday to Friday
8:00 am — 5:00 pm
Harper Road. from Highway #7
Miller Bay Road | County Road #21 | Otty Lake, South. Anytime
(Elmgrove Road) including the boat
. gos __| launch circle
Miller Bay Road | County Road #21 | Colin Farmer Road | North Anytime
(Elmgrove Road) . bk bat seh Panta 4
Mutton’s Road South entrance. 200 metres North | Both sides of Anytime
gate at the Glen of the south Mutton Road .
Tay Wasie Site entrance gate at affecting north
Glen Tay Waste and south bound
Site traffic... Ape
Zealand Road 25 metres west of | 100 metres east of | Both sides of Anytime
the entrance gate
at the Maberly
Waste Site
the entrance gate
at the Maberly
Waste Site
Zealand Road
affecting east
and west bound
traffic. .
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SCHEDULE “B”
» “FIRE ACCESS ROUTES”
HIGHWAY . | FROM... TO ‘SIDE
Miller Bay Road | County Road #21 | Otty Lake, South
(Elmgrove Road) _| including the boat
launch circle
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SCHEDULE “C”
ACCESSIBLE PARKING SPACES
LOCATION NUMBER OF SPACES
Tay Valley Township 2
Municipal Office
Burgess Hall 1
Maberly Community Hall 2
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SCHEDULE “D”
DESIGNATED PARKING SPACES
LOCATION: FROM TO SIDE | NUMBER OF
(does not include
Accessible Parking
Spaces). .
Tay Valley N/A N/A N/A | 23
Township Municipal | (Municipal (Municipal (Municipal |
Office Parking Lot) Parking Lot) Parking Lot) .
Burgess Hall N/A N/A NA 12
(Municipal (Municipal (Municipal
Parking Lot) Parking Lot) Parking Lot)
Maberly Community | N/A — NA NIA 12
Hall (Municipal (Municipal __| (Municipal
Parking Lot) Parking Lot) | Parking Lot) |
Miller Bay Road Colin Farmer Intersection of |North = 3
Road Miller Bay Road
and Blair Poole
Farmer Road
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L'HONORABLE LISE T. MAISONNEUVE
JUGE PRINCIPALE REGIONALE
COUR DE JUSTICE DE L’ONTARIO
REGION DE L'EST
THE HONOURABLE LISE T. MAISONNEUVE
REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
EAST REGION
161, RUE ELGIN, 6°"° ETAGE
OTTAWA (ONTARIO) K2P 2L1
161 ELGIN STREET, 6™ FLOOR
OTTAWA, ONTARIO K2P 264
TELEPHONE/TELEPHONE (613) 239-1520
FAX/TELECOPIEUR (618) 239-1572
February 23, 2012
Corporation of Tay Valley Township
217 Harper Road, R.R. #4
Perth, Ontario
K7H 3C6
Attention: Ms. Amanda Mabo, Clerk
Dear Ms. Mabo,
Re: Set Fines - Provincial Offences Act — Part | and Part I/
By law No. 2011-049: Parking
Enclosed herewith is two original Orders dated February 23", 2011 and original
schedule of set fines for By-Law No. 201 1-049, the By-law indicated in the schedule.
You will note that | have amended item 1 on the Set Fine Schedule for Part | from
$250.00 to $150.00. Items, 1, 4,5, 6, 8, 9, 10, 11, 13, 15, 22. 23, 25 and 26 have also
been amended on the Set Fine Schedule for Part Hl.
The setting of the fines does not constitute my approval of the short form of wording
used to describe the offences.
Please ensure that a copy of the said documents is forwarded to the Provincial
Offences Office, which has jurisdiction for the Corporation of Tay Valley Township.
Yours truly,
Lise T. Maisonneuve
Regional Senior Justice
East Region
Enclosures
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice, that the amount set opposite each of the offences
in the schedule of offences under the Provincial Statutes and Regulations thereunder
and Municipal By-law No. 2011-049 of the Corporation of Tay Valley Township,
attached hereto is the set fine for that offence. This Order is to take effect on February
23% 2012.
Dated at Ottawa this 23" day of February 2012.
Lv Mtiane ‘ a. Co ococcccstesesseeeesse
Lise T. Maisonneuve, Regional Senior Justice
Ontario Court of Justice
East Region
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the
rules for the Ontario Court of Justice, that the amount set opposite each of the offences
in the schedule of offences under the Provincial Statutes and Regulations thereunder
and Municipal By-law No. 2011-049 of the Corporation of Tay Valley Township,
attached hereto is the set fine for that offence. This Order is to take effect on February
23 2012.
Dated at Ottawa this 23" day of February 2012.
6 “ise T. Maisonneuve, Regional Senior Justice
Ontario Court of Justice
East Region
THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2011-049
SCHEDULE “E”
SET FINES
Part I, Provincial Offences Act
ITEM | Column 1 Column 2 Column 3
Short Form Wording Offence Creating | Set Fine
Provision
1. Misuse of Accessible Parking Permit Section 6.3 $360 /SH, 00
2. Erection of Unauthorized Sign, Signal, Section 9.2 $50
Marking or Device
3. Cause Damage, Deface or Tamper with Section 9.3 $50
Authorized Sign or Control Device
4, Moving or Removal of Authorized Sign or Section 9.4 $50
Control Device by Unauthorized Person
Note: The penalty provisions for the offences indicated above is Section 14 of
By-Law No. 2011-049, a certified copy of which has been filed.
Note: The general penalty provision for the offences indicated above is Section 61 of the
Provincial Offences Act, R.S.O. 1990, c. P. 33.
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THE CORPORATION OF TAY VALLEY TOWNSHIP
BY-LAW NO. 2011 -049
SET FINES
Part Il, Provincial Offences Act
ITEM | Column 1 Column 2 Column 3
Short Form Wording Offence Creating | Set Fine
Provision
1. | Park Vehicle in Wrong Direction Section 2.1 $50 20.00
2. __| Park Vehicle on Sidewalk Section 3.1 $100
3. Park Vehicle in Intersection Section 3.1 $100
4. | Park Vehicle within nine (9) metres of Section 3.1 $100 TO. ee
Intersection
5. Park Vehicle within fifteen (15) metres of a Section 3.1 | $190 So_ ed
Controlled Intersection
6. Park Vehicle within six (6) metres of a Section 3.1 $180 $0.00
Crosswalk at an Intersection
¢. | Park Vehicle on Crosswalk | Section 3.1 $100
8. | Park Vehicle on Curb Section 3.1 $107 g0.°°
9. __| Park Vehicle in a Cul-de-Sac Section 3.1 $180 s0.°e
10. | Park Vehicle in front of a Public Driveway Section 3.1 $100 SO,08
11. | Park Vehicle within half a (.5) metre of a Section 3.1 $120 SO0.°°
Public Driveway
12. | Park Vehicle in front of a Private Driveway Section 3.1 $120 So, 0°
13. | Park Vehicle within half a (.5) metre of a Section 3.1 $120 SO.e°8
Private Driveway
14. | Park Vehicle in front of the Entrance toa Section 3.1 | $100
Fire Station
15. | Park Vehicle within three (3) metres from Section 3.1 $420 50.00
the closest point on a Curb to any Fire
Hydrant
16. | Park Vehicle on any Rail Crossing Section 3.1 $100
17. | Park Vehicle within fifteen (15) metres ofa | Section 3.1 $100
Level Railway Crossing
18. | Park Vehicle on Bridge Section 3.1 $100
19. | Park Vehicle on the Approaches to Bridge Section 3.1 $100
20. _| Park Vehicle to Obstruct Traffic Section 3.1 $100
21. | Park Vehicle on Yield Lane Section 3.1 $100
22. | Park Vehicle within five (5) metres of Yield Section 3.1 $190 $0.00
Lane
23._| Park Vehicle adjacent to Median Strip Section 3.1 $400 So, 00
24. | Park Vehicle to prevent Departure of other Section 3.1 $100
Vehicle
25. | Park Vehicle in “No Parking” Area Section 4.2 $120 50,00
26. _| Park Vehicle in “Fire Access Route” Section 5.2 $560
e
20f 3
100, °°
27. | Park Vehicle in “Accessible Parking Space” | Section 6.2 $300
without properly Displaying Accessible
Parking Permit
28. | Park Vehicle between the hours of 2:00 am | Section 8.1 $50
and 7:00 a.m. from December 1* in any
year to March 31" of the following year
29. | Park Vehicle so that it interferes with Section 8.2 $50
highway cleaning operations
Note: The penalty provisions for the offences indicated above is Section 14 of
By-Law No. 2011-049, a certified copy of which has been filed.
Note: The general penalty provision for the offences indicated above is Section 61 of the
Provincial Offences Act, R.S.O. 1990, c. P. 33.
3 of 3