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Memorandum
Corporate By-law Number BL 40/2016
TO:
Office of the City Clerk
FILE: 0400.028
FROM:
Ryan Love
Infrastructure & Operations - Engineering & Operations
DATE:
03/09/2016
SUBJECT:
BL 40/2016 - Traffic By-law Consolidation
MEETING DATE:
City Council - 10/24/2016 (mm/dd/yyyy)
By-law Description: A By-law to Regulate Traffic on the Roads and Highways of the City of
Thunder Bay
Authorization: Report R 107/2015 (Engineering) - Committee of the Whole - December 7, 2015
By-law Explanation: The purpose of this By-law is to repeal and replace By-law 065-2011 by
consolidating the original by-law and amendments.
Schedules and Attachments:
Attached Separately - Schedules are available for viewing in the Office of the City Clerk.
Amended/Repealed By-law Number(s):
Page 1
By-Law No.
THE CORPORATION OF THE CITY OF THUNDER BAY
BY-LAW NUMBER BL 40/2016
A By-law to Regulate Traffic on the Roads and Highways of the
City of Thunder Bay
Recitals
1.
On December 7, 2015, Committee of the Whole adopted a resolution authorizing that By-
law 065-2011 and all amendments to it should be repealed, and that a new Traffic By-law should
be presented to City Council for adoption.
2.
It is necessary to consolidate the Traffic By-law through repeal of By-law 065-2011, as
amended, and passage of a new By-law to incorporate all of the amendments made to By-law
065-2011 since it was originally passed.
3.
In addition to the consolidation of amendments, some language in the By-law was altered
for consistency with other municipal By-laws and for ease of understanding.
ACCORDINGLY, THE COUNCIL OF THE CORPORATION OF THE CITY OF
THUNDER BAY ENACTS AS FOLLOWS:
1.
Definitions: Wherever a term set out below appears in the text of this By-law with its
initial letter capitalized, the term is intended to have the meaning set out for it in this Section 1.
Wherever a term below appears in the text of this By-law in regular case, it is intended to have
the meaning ordinarily attributed to it in the English language.
(1)
"Authorized Sign" means any Roadway, corner, Curb or Sidewalk marking or any
sign or any other device placed or erected on a Highway under the authority of
this By-law for the purpose of regulating, warning or guiding Traffic.
(a)
"Accessible Bus Zone" means an area designated by two (2) Authorized
Signs marking the beginning and the end of the zone as identified in the
Accessible Bus Zone Schedule, as established, implemented and maintained by
the Manager of Transit Services, or his or her designate.
(2)
"Bicycle" means a Vehicle operated by muscular power having wheels of more
than 43 centimeters in diameter. This also includes "Power-assisted bicycles", as
defined by the Ontario Ministry of Transportation.
Page 2
By-Law No.
(3)
"Bicycle Lane" means a portion of the Roadway that has been set aside for the
exclusive use of cyclists and so indicated by pavement markings.
(4)
"Boulevard" means all parts of a Highway except the Roadway, Shoulder or
Sidewalk and further:
(a)
"Central Boulevard" means that part of a Highway lying between the
traveled portions of a divided Highway, including channelizing islands;
(b)
"Inner Boulevard" means that part of a Highway lying between any
Sidewalk and the traveled portion of a Highway, or near the outer edge of
the Shoulder, where such exists; and
(c)
"Outer Boulevard" means that part of a Highway lying between the
Property Line and the edge of the Sidewalk nearest to the Property Line,
and where there is no Sidewalk, it means that part of the Highway lying
between the Property Line and the traveled portion of the Highway or near
the outer edge of the Shoulder where such exists.
(5)
"Bus" means a Vehicle designed for carrying ten or more passengers and used for
the transportation of persons.
(6)
"Bus Stop" means that part of a Highway designated as a point at which Buses
will take on or discharge passengers.
(7)
"By-law" means this By-law, including its recitals and schedules which form
integral parts of it.
(8)
"Corporation" means The Corporation of the City of Thunder Bay.
(9)
"Crosswalk" means either:
Page 3
By-Law No.
(a)
that part of a Highway at an Intersection that is included within the
connection of the lateral lines of the Sidewalk on opposite sides of the
Highway measured from the Curbs or, in the absence of Curbs from the
edges of the Roadway; or
(b)
any portion of a Roadway at an Intersection or elsewhere distinctly
indicated for pedestrian crossing by Signs or by lines or other Markings on
the surface.
(10)
"Curb" means the concrete or asphalt edge of a Roadway or the division point
between the Roadway and a Boulevard or Sidewalk.
(11)
"Driver" means a person who drives or is in actual physical control of a Vehicle.
(12)
"Gross Vehicle Weight" means the combined weight of a Vehicle and its load.
(13)
"Highway" means property owned by the Corporation that is opened to the public
as a route for vehicular Traffic. The term includes the entire property,
encompassing all of the: Roadway, Boulevards, Curbs, Crosswalks and
Shoulders.
(14)
"Individual Parking Space" means a portion of the surface of the Highway of
sufficient length and depth from the Sidewalk or Curb to accommodate one
Vehicle, and which may be designated by Authorized Signs or by pavement
Markings, or both.
(15)
"Intersection" means the area embraced within:
(a)
the prolongation or connection of the lateral Curb lines,
Page 4
By-Law No.
or
(b)
Where Curbs do not exist, the prolongation or connection of the lateral
boundary lines of two or more Roadways which join one another at an
angle, whether or not one Roadway crosses the other, or of a Roadway
with a driveway, private road, Crosswalk, Sidewalk or pedestrian
pathway.
(16)
"Lane" or "Laneway" means property owned by the Corporation which is not
opened to the general public for use for vehicular Traffic, but provides, or could
provide, vehicular access to the rear of certain private properties with frontage on
a Highway. The term includes the entire width of the right-of-way between the
Property Lines, and any outlet connecting such a Lane with a Highway. The term
used with a lower case in this By-law, or in the title to Schedule 21, refers to a
Traffic lane which forms part of the Roadway.
(17) "Markings" has the meaning set out in Subsection 1(35) below.
(18) "Multi-Use Trail" means that part of a Highway or that part of lands owned by the
Corporation or that part of lands that are occupied by the Corporation, whether
such lands are leased, licensed, subject to easement or otherwise provided to the
Corporation for its occupation, that is designated by authorized signs for shared
use by pedestrians, cyclists and other non-motorized Vehicles that are propelled or
driven by muscular power including Wheelchairs as defined within this By-law.
(19)
"Municipal Law Enforcement Officer" means a person appointed by the
Corporation to enforce its By-laws.
(20)
"Officer" means any Municipal Law Enforcement Officer, Police Officer, or
Provincial Offences Officer.
(21)
"One-way Street" means a Highway, or part of a Highway, upon which vehicular
Traffic is limited to movement in one direction.
Page 5
By-Law No.
(22)
"Owner" means a person who holds title to real or personal property.
(23)
"Park" is a verb describing the act of leaving a Vehicle Stopped or Standing,
whether occupied or not, with the intention not to return to it for a period of time.
"Parked" is an adjective describing a Vehicle which has been left in that fashion.
(24)
"Parking Authority" means the Thunder Bay Parking Authority, a municipal
service board established by the Corporation's By-law 101-2007.
(25)
"Parking Infraction" means any unlawful Parking, Standing or Stopping of a
Vehicle that constitutes an offence under this By-law.
(26)
"Parking Meter" means a mechanical device that accepts payment of a fee for use
of an Individual Parking Space and measures the passage of time after deposit of
the fee. It indicates in some fashion when the time covered by the fee deposited
has expired. The term includes the support for the meter.
(27)
"Parking Meter Zone" means a portion of Highway set out in Schedule "B" to By-
law 100-2007, the Corporation's Parking By-law.
(28)
"PIN" is an acronym which stands for "Parking Infraction notice" This is a
notice, often referred to as a "ticket", which details the particulars of a Parking
Infraction. In particular, the PIN may indicate:
(a) the license number of the Vehicle;
(b) a description of the alleged offence;
(c) the date, time and location of the alleged offence;
Page 6
By-Law No.
(d) the set fine for the alleged offence;
(e) that the Owner or Driver may make a voluntary payment in the manner set
forth in Section 57(1)(c) or pay the set fine as indicated on the PIN prior to
the 15th day as set out in the POA Part II;
(f) that, in the event of failure to make payment, a conviction may be
registered under the POA Part II; and
(g) the address of the Parking Authority payment depots.
(29)
"POA Part II" means Part II of the Provincial Offences Act.
(30)
"Police Officer" means a uniformed member of the Thunder Bay Police Service,
the Ontario Provincial Police or the Royal Canadian Mounted Police.
(31)
"Property Line" or "Street Line" means the lateral extremity of the Highway.
(32)
"Provincial Offences Officer" means a person designated under Subsection 1(3)
of the Provincial Offences Act.
(33)
"Roadway" means that part of a Highway, a private road, a Lane, or a driveway
that is improved, designated or ordinarily used for vehicular Traffic, but does not
include the Shoulder. Where a Highway includes two or more separate
Roadways, the term refers to any one Roadway separately and not all of the
Roadways collectively.
(34) "Shoulder" means the gravel or paved surface adjacent to and three (3.0) meters
beyond the traveled portion of the Highway.
Page 7
By-Law No.
(35)
"Sidewalk" means a portion of a Boulevard which is improved with concrete or
pavement to accommodate pedestrian travel. The term expressly excludes any
such walkway that is considered to be part of the Corporation's recreational trail
system and signed as such.
(36)
"Signs" and "Signals" and "Markings" means every Authorized Sign, light signal
or device not inconsistent with this By-law or the Highway Traffic Act, placed or
erected by authority of the Corporation, the City Engineer or the Chief of Police
for the purpose of regulating, warning or guiding Traffic.
(37)
"Skateboard" means a form of conveyance without self-propulsion consisting of
any number of wheels attached to a surface which is designed to support the
weight of a rider. The term includes conveyances normally described as
"scooters", but not conveyances normally described as "roller skates" or "roller
blades". The term also excludes skis with wheels.
(38)
"Standing" is an adjective that describes a Vehicle which has halted, whether
occupied or not, unless it has halted for the purpose of, and is actually engaged in,
receiving or discharging passengers. The verb "Stand" has a corresponding
meaning.
(39)
"Stopped" is an adjective that describes a Vehicle which is not moving, even
momentarily, whether occupied or not, unless it has halted out of necessity to
avoid a collision or to respond to the directions of an Officer or to comply with
Signs, Signals or Markings. The terms "Stop" and "Stopping" have
corresponding meanings.
(40)
"Taxi Stand" means an area of Highway or other municipal property set aside by
the Corporation for taxis to Park, Stand or Stop in queue to await passengers.
(41) "Thunder Bay" means the geographic area under the jurisdiction of the
Corporation.
Page 8
By-Law No.
(42)
"Traffic" means, collectively, all persons and animals using the Highway. The
term includes: pedestrians, ridden or herded animals, Vehicles and other
conveyances.
(43)
"Traffic Calming Device" means any physical feature designed to reduce the
speed and/or volume of vehicles and provide a safer environment for all road
users.
(44)
"Traffic Control Device" means any Sign, Signal or Marking placed for the
purpose of warning, regulating, guiding or directing Traffic.
(45)
"Traffic Control Signal" or "Traffic Signal" means any device manually,
electrically or mechanically operated for the regulation or control of Traffic.
(46)
"Trailer" means a Vehicle that is at any time pulled upon a Highway by another
Vehicle. The term expressly excludes: implements of husbandry, mobile homes,
a second motor Vehicle, a side car attached to a motorcycle, or any device or
apparatus not designed to transport persons or property, that is temporarily drawn,
propelled or moved upon the Highway. A Trailer is considered a separate Vehicle
and not part of the Motor Vehicle by which it is drawn.
(47)
"U-turn" is the turning of a Vehicle within a Roadway so as to proceed in the
opposite direction from which the Vehicle was travelling immediately prior to
making the turn.
(48)
"Vehicle" means a motor Vehicle, Trailer, traction engine, farm tractor, road
building machine or any Vehicle drawn, propelled or driven by any kind of
power, including muscular power. The term expressly excludes: motorized snow
Vehicles or the cars of railway trains running only upon rails.
(49)
"Wheelchair" means a chair mounted on wheels driven by muscular or any other
kind of power, and used for the carriage of a person who has a physical disability.
Page 9
By-Law No.
PART I - GENERAL
2.
Interpretation Rules: This section sets out the rules for interpreting the text used in this
By-law.
(1)
Short title: This By-law is referred to as the "Traffic By-law".
(2)
Legislation: Each reference to Provincial legislation in this By-law is printed in
Italic font. Unless the year of the statute is part of its name, the reference is to the
Revised Statutes of Ontario, 1990 edition, and, in every case, includes all
applicable amendments to the legislation, including successor legislation. Where
the name of the legislation includes the year, the reference is to the Statutes of
Ontario in that year. Reference to legislation includes reference to any
regulations passed under the authority of that legislation.
(3) Headings: Captions, articles and section names and numbers appearing in this
By-law are for convenience of reference only and have no effect on its
interpretation.
(4)
Gender & Plurals: Words importing the singular number or the masculine gender
only, include more persons, parties or things of the same kind than one and
include female and neuter as well as male and the converse. A word interpreted
in the singular number has a corresponding meaning when used in the plural.
(5)
"Includes": The words "include", "includes", "including" and "included" are not
to be interpreted as restricting or modifying the words or phrases which precede
them.
(6)
Job Titles: References within this By-law to the titles of the Corporation's
employees are references to the positions that held those titles at the time that this
By-law was enacted. Where a corporate restructuring has occurred such that there
is no longer a person within the organization who holds a referenced title, the
Page 10
By-Law No.
reference is to the person who undertakes the duties of the title-holder at the time
this By-law was enacted. In any case of doubt, the Chief Manager for the
Corporation shall delegate the authority to the appropriate person and direct that
this By-law be amended to reflect the new title.
3.
Abbreviations: In the schedules to this By-law the following abbreviations, definitions
and symbols stand for the words respectively set forth opposite them below:
(1)
Ave.
-
Avenue
Blvd.
-
Boulevard
Ct.
-
Court
Cres.
-
Crescent
Hwy.
-
Highway
Pl.
-
Place
Rd.
-
Road
Sq.
-
Square
St.
-
Street
(2)
cm
-
centimetre
m
-
metre
km
-
kilometre
km/h
-
kilometre per hour
(3)
N.
-
North
S.
-
South
E.
-
East
W.
-
West
Page 11
By-Law No.
(4)
a.m.
-
Ante Meridian (morning)
p.m.
-
Post Meridian (afternoon)
4.
Distances: Where a distance is used in this By-law as a part of a prohibition of Parking
or Stopping within a specified distance of an object, structure, land or part of a Highway,
that distance shall be measured:
(a)
along the Curb or edge of the Roadway from a point in such Curb or edge
of Roadway opposite the nearest edge of such object, structure, land or
part of a Highway, unless the context otherwise requires;
and
(b)
from that object, structure, land or part of a Highway in all directions.
5.
Cumulative Effect - Severability: The various prohibitions of this By-law are
cumulative and not mutually exclusive.
If any section, subsection, article, paragraph or any part of this By-law is declared by a
court or tribunal of competent jurisdiction to be invalid or unenforceable, that part shall
be considered to be severable from the balance of the By-law. The balance of the By-law
shall remain in full force and effect notwithstanding the judicial holding.
6.
References to Time: Where any expression of time occurs, or where any hour or other
period of time is stated, the time referred to shall be either standard time or daylight
savings time, whichever is in effect in Thunder Bay at the time the By-law is interpreted.
PART II - TRAFFIC SIGNS AND SIGNALS
7.
Obedience to Traffic Signs and Signals: Every person in charge of a Vehicle and every
person on any Highway shall promptly obey all Signals given by an Officer or by a
Page 12
By-Law No.
Traffic Control Signal and shall comply with the requirements of all Traffic Control
Devices. Failure to obey constitutes an offence.
8.
Traffic Signal System: Traffic signal systems as specified in the Highway Traffic Act
are approved at the Intersections of the Highways designated in Column One of Schedule
"1" of this By-law. Column Two of Schedule "1" sets out the date of approval.
9.
Erection of Traffic Signs and Signals: The City Engineer or his/her designate is
authorized, when and as directed by the Corporation, to place or erect and to maintain
any Traffic Control Devices and Traffic Control Signals required to give effect to the
provisions of this By-law.
10.
Unauthorized Signs and Signals: No person shall place, maintain or display upon or in
view of any Highway, any sign, signal, marking, thing or device which resembles or
purports to be or is an imitation of an Authorized Sign, a Traffic Control Device or
Traffic Control Signal, or which conceals from view or interferes with or distracts from
the effectiveness of a Traffic Control Device or Traffic Control Signal. Placing or
causing anything to be placed contrary to this Section constitutes an offence.
PART III - PARKING AND STOPPING
11.
Methods of Parking:
(1)
Not more than one Vehicle shall be Parked in any Individual Parking Space.
(2)
Except where angle Parking is permitted, any Vehicle Parked in any Parking
Meter Zone shall be Parked parallel to the Curb with the front bumper of the
Vehicle alongside or next to the Parking Meter governing such Parking space.
Where double-headed Parking Meters are in use, Vehicles shall be Parked within
each Individual Parking Space so that the bumper of the Vehicle which is nearest
to the Parking Meter is within fifteen (15cm) centimetres of an imaginary line
extending into the Highway and drawn perpendicular to the Curb from the stem of
the Parking Meter.
Page 13
By-Law No.
(3)
The method of Parking, where permitted, shall be parallel unless otherwise
specified and indicated by Authorized Signs.
(4)
Unless angle Parking is expressly permitted and indicated by Authorized Signs,
no person shall Park a Vehicle on any Highway except as follows:
(a) on the right-hand side of the Highway, having regard to the direction in which
the Vehicle has been proceeding;
(b) with the right front and right rear wheels or runners of the Vehicle parallel to
the edge of the Roadway,
(c) with the right front and rear tires, respectively, distant not more than thirty
(30) centimetres from the edge of the Roadway, where a Curb is provided, or
in the absence of Curb as near as possible to the right hand limit of the
Shoulder.
(5)
Notwithstanding the provisions of Subsection 11(4) of this By-law, and except
where otherwise in this By-law specifically prohibited, where Parking is
permitted on the left-hand side of a One-way Street, a person may also Park a
Vehicle on the left hand side of a One-way Street facing only in the direction of
Traffic flow and with the left front and left rear wheels or runners parallel to and
distant not more than thirty (30) centimetres from the edge of the Roadway where
a Curb is provided, or in the absence of a Curb as near to the left hand limit of the
Shoulder.
(6)
Failure to Park a Vehicle in strict compliance with any of Subsections 11(1)
through 11(5), as applicable, constitutes an offence.
12.
Parking Prohibited - Specified Places and Times: Where Authorized Signs
prohibiting same are erected and are on display, no person shall Park a Vehicle at any
time upon any of the Highways or portions of Highways set out in Schedule "2" of this
By-law, during the time or days set out in that schedule. Parking contrary to this Section
constitutes an offence.
Page 14
By-Law No.
13.
Parking Prohibited With Signs: When Authorized Signs prohibiting same have been
erected and are on display, no person shall Park a Vehicle or permit a Vehicle to remain
Parked on any Highway:
(1)
in front of a Fire Hall building or within eight (8) metres of the projected side
lines of a Fire Hall building on the side of the Highway on which the Fire Hall is
located;
(2)
in front of a Fire Hall building or within thirty (30) metres of the projected side
lines of a Fire Hall building on the opposite side of the Highway from that on
which the Fire Hall is located;
(3)
within sixty (60) metres of an Intersection;
(4)
within thirty (30) metres of the approach side of a Crosswalk that is controlled by
a Traffic signal and not located at an Intersection;
(5)
within fifteen (15) metres of the leaving side of a Crosswalk that is controlled by
a Traffic signal and not located at an Intersection;
(6)
so as to interfere with the formation of a funeral procession; or
(7)
within fifteen (15) meters of the end of the Roadway on a dead end Highway.
(8)
Parking in a manner contrary to any of Subsections 13(1) through (7), as
applicable, constitutes an offence.
14.
Parking Prohibited Without Signs: No person shall Park a Vehicle or permit a Vehicle
to remain Parked on any Highway:
Page 15
By-Law No.
(1)
within nine (9) metres of an Intersection, except where specifically authorized by
Schedule 24 of this By-law;
(2)
within fifteen (15) metres of an Intersection controlled by Traffic Signals, except
where authorized by Schedule 25 of this By-law;
(3)
within three (3) metres of a fire hydrant;
(4)
in front of or within one and one half (1.5) metres of a Lane or driveway;
(5)
so as to obstruct a Vehicle in the use of any Lane or driveway;
(6)
in such a position that will prevent the convenient removal of any other Vehicle
previously Parked or Standing;
(7)
so as to prevent or impede the ingress to a vacant Individual Parking Space,
notwithstanding its use for any other purpose;
(8)
for the purpose of displaying the Vehicle for sale;
(9)
for the purpose of washing, greasing or repairing the Vehicle except for such
repairs as have been necessitated by an emergency;
(10)
on a Roadway where the Roadway is six (6) metres or less in width;
(11)
within a designated bicycle lane;
(12)
on any Boulevard; or
Page 16
By-Law No.
(13)
Within 5 metres of any Traffic Calming Device;
(14)
on that portion of a driveway which is located within the boundaries of a
Highway. Parking is permitted contrary to Subsection 14(13) where a Sidewalk
does not exists and the Vehicles are Parked more than one and one-half (1.5)
metres from the travelled portion of the Highway or where specifically authorized
by Schedule 26 of this By-law;
(15)
Parking in a manner contrary to any of Subsections 14(1) through (14), as
applicable, constitutes an offence.
15.
Stopping Prohibited - Specified Places and Times: When Authorized Signs
prohibiting same are erected and are on display, no person shall Stop or Stand a Vehicle
upon any of the Highways or portions of Highways set out in Schedule "3" of this By-
law, during the times or days set out in that schedule. Parking contrary to this Section
constitutes an offence.
16.
Stopping Prohibited With Signs: When Authorized Signs prohibiting same are erected
and are on display no person shall Stop a Vehicle or permit a Vehicle to remain Stopped
on any Highway:
(1)
on either side of a Highway adjacent to a school, park or playground, between the
hours of 7:00 a.m. and 7:00 p.m.;
(2)
within the turning basin of a Highway known as a "cul-de-sac"; or
(3)
within fifteen (15) metres of the leaving and approaching sides of a Crosswalk
that is controlled by a school crossing guard for the Corporation, between 8:00
a.m. and 5:00 p.m.
Page 17
By-Law No.
(4)
Stopping or Standing a Vehicle contrary to any of Subsections 16(1) through (3),
as applicable, constitutes an offence.
17.
Stopping Prohibited Without Signs: No person shall Stop a Vehicle or permit a
Vehicle to remain Stopped on any Highway:
(1)
on or partly over a Sidewalk or footpath;
(1.1)
within a Multi-use Trail;
(2)
within an Intersection or Crosswalk;
(3)
adjacent to, or across from, any excavation or obstruction in the Roadway in a
manner which impedes the free flow of Traffic;
(4)
on the Roadway side of any Stopped or Parked Vehicle;
(5)
upon any bridge or elevated structure or within any tunnel or underpass or within
thirty (30) metres of either end of any such structure, except where Parking is, in
these locations, otherwise permitted expressly by this By-law;
(6)
on any Central Boulevard adjacent to either side or the ends of any Central
Boulevard or median strip, except where Parking in these locations is otherwise
permitted expressly by this By-law;
(7)
within thirty (30) metres of the approach side of the nearest rail of any level
crossing of a railway; or
(8)
within fifteen (15) metres of the leaving side of the nearest rail of any level
crossing of a railway.
Page 18
By-Law No.
(9)
Stopping or Standing a Vehicle contrary to any of Subsections 17(1) through (8),
as applicable, constitutes an offence.
18.
Parking by Buses: The Driver of a Bus shall not Stand or Park the Bus upon any
Highway at any place other than at a Bus Stop which has been officially designated and
marked by Authorized Signs. This provision shall not prevent the Driver of any Bus
from Stopping the Bus in accordance with the other provisions of this By-law. Parking a
Bus contrary to this Section constitutes an offence.
19.
Temporary Restrictions on Stopping and Parking: When Authorized Signs
prohibiting same are erected and are on display indicating restrictions on Parking in order
to facilitate snow removal, street cleaning, street maintenance or repair, or to prevent the
obstruction of parade routes or in order to facilitate the control of an emergency or a
hazard to users of the Highway, no person shall Park or Stop any Vehicle on any
Highway in any manner contrary to that directed by such Signs. Parking or Stopping a
Vehicle contrary to this Section constitutes an offence.
20.
Parking Permitted - Specified Periods: When Authorized Signs indicating same are
erected and are on display, it is permissible to Park a Vehicle on any of the Highways or
portions of Highways set out in column One of Schedule "4" to this By-law, on the side
or sides of the Highways set out in Column Two of Schedule "4", within the limits set out
in Column Three of Schedule "4", during the hours and days set out in Column Four of
Schedule "4", for no more than the maximum period as set out in Column Five of
Schedule "4". Parking on the listed Highways when not permitted under the Schedule
constitutes an offence.
21.
Parking Prohibited - Snow Removal:
(1)
Schedule 5: When Authorized Signs prohibiting same are erected and are on
display, no person shall Park a Vehicle on any of the Highways or portions of
Highways more particularly set out in Schedule "5" to this By-law, between 2:00
a.m. and 7:00 a.m. from and including the 15th day of November in each year to
and including the 30th day of April in each year. Parking contrary to this
Subsection constitutes an offence.
Page 19
By-Law No.
(a)
Schedule 5A: When Authorized Signs prohibiting same are erected and
are on display, no person shall Park a Vehicle on any of the Highways or
portions of Highways more particularly set out in Schedule "5A" of this
By-law, between 3:00 a.m. and 7:00 a.m. from and including the 15th day
of November in each year to and including the 30th day of April in each
year. Parking contrary to this Subsection constitutes an offence.
(2)
Separate Offence Where Towing Required: Where a Vehicle is Parked contrary
to Subsections 21(1) or 21(1)(a) of this By-law, and, for the purpose of facilitating
the removal of snow, it is necessary to cause the Vehicle to be towed, the Owner
of the Vehicle is considered to have committed a Parking Infraction under this
By-law, separate from the Parking Infraction for parking contrary to Subsection
21(1) or 21(1)(a) of this By-law, as applicable.
22.
Calendar Parking:
(1)
Schedule 6: Subject to Subsection 22(2), when Authorized Signs have been
erected and are on display as detailed in Subsections (1)(a) and (1)(b), during the
period from and including the 15th day of November in each year to and
including the 31st day of March in the next following year, no person shall Park
any Vehicle on any of the Highways set out in Schedule "6" of this By-law
between the hours of 9:00 a.m. and 5:00 p.m. Parking contrary to this Section
constitutes an offence.
(a)
Parking on odd calendar days is prohibited where the sign posted indicates
'No Parking Odd Calendar Days from November 15th to March 31st (9
a.m. - 5 p.m.)'.
(b)
Parking on even calendar days is prohibited where the sign posted
indicates 'No Parking Even Calendar Days from November 15th to March
31st (9 a.m. - 5 p.m.)'.
(2)
Schedule 7: On Sundays only, the prohibition set out in Subsection 22(1) applies
between the hours of 1:00 p.m. and 5:00 p.m. in the case of those Highways or
portions of Highways more particularly set out in Schedule "7" of this By-law.
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(3)
Other Rules Continue to Apply: Nothing in this By-law shall be construed as
permitting the Parking of Vehicles on any Highway or portion of Highway in
contravention of any other provisions of this By-law or of any other By-law,
Statute or Regulation.
(4)
Separate Offence Where Towing Required: Where a Vehicle is Parked contrary
to Subsection 22(1) of this By-law, and, for the purpose of facilitating the snow
removal of snow, it is necessary to cause the Vehicle to be towed, the Owner of
the Vehicle is considered to have committed a Parking Infraction under this By-
law, separate from the Parking Infraction for parking contrary to Subsection 22(1)
of this By-law.
23.
Angle Parking: When Authorized Signs prohibiting same are erected and are on
display, no person shall Park a Vehicle on any of the Highways or portions of Highways
more particularly set out in Schedule "8" of this By-law except as closely as is practicable
to the angle with reference to the edge of the Roadway specified in the Schedule and so
that the front portion of the Vehicle is nearest to the edge of the Roadway. Failure to
Park in conformity with these requirements constitutes an offence.
24.
Parking Adjacent to Elementary and Secondary School Grounds:
(1)
Unfenced Grounds: When the grounds of any elementary or secondary school are
not fenced with a chain link fence at least one and one-quarter (1.25) metres in
height, and when Authorized Signs have been erected and are on display, no
person shall Park a Vehicle on the side of any Highway adjacent to the grounds of
that elementary or secondary school, between the hours of 8:00 a.m. and 5:00
p.m. on any day when school is in session. Parking contrary to this Section
constitutes an offence.
(2)
Fenced Grounds: When the grounds of any elementary or secondary school are
fenced with a chain link fence at least one and one-quarter (1.25) metres in height,
and when Authorized Signs have been erected and are on display, no person shall
Park a Vehicle on the side of any Highway adjacent to the grounds of that
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elementary or secondary school, within six (6) metres of any gate or other
opening in the fence, between the hours of 8:00 a.m. and 5:00 p.m. on any day
when school is in session. Parking contrary to this Section constitutes an offence.
25.
Parking of Large Trucks and Trailers:
(1)
Angle Parking: No Vehicle or combination of Vehicles having an overall length
of seven (7) metres or more shall be angle Parked.
(2)
Parking Meter Zones: No person shall Stop, Stand or Park a Vehicle or
combination of Vehicles with an overall length of more than seven (7) metres in a
Parking Meter Zone at any time, except for the purpose of loading or unloading
the Vehicle.
(3)
General Prohibition: No person shall Park a Vehicle or combination of Vehicles
having an overall length of more than seven (7) metres on any Highway at any
time except for the purpose of loading and unloading such Vehicle.
(4)
Trailers: No person shall Park a Trailer on any Highway at any time for any
purpose unless the Trailer is securely attached to a Vehicle capable of drawing it
upon a Highway.
Parking, Stopping or Standing a Vehicle contrary to the provisions of Subsections
25(1) through (4), as applicable, constitutes an offence.
26.
Forty-eight Hour Limit on Parking: Subject to all of the other provisions of this By-
law relating to the Parking of Vehicles, and further subject to the restrictions of the
Parking By-law (No. 100-2007), no person shall Park a Vehicle on any Highway for any
consecutive period exceeding forty-eight (48) hours. Parking for a longer consecutive
period of time constitutes an offence.
27.
Application of General Prohibitions of By-law: The general prohibitions of this By-
law are applicable to Vehicles Parked in Parking Meter Zones or Permit Parking Zones.
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PART IV - TAXI STANDS AND LOADING ZONES
28.
Taxi Stands
(1)
Use of Taxi Stand Requires Attendance: A taxi, while Parked, Stopped or
Standing in a Taxi Stand, shall at all times be in the personal charge of a licensed
taxi driver.
(2)
Use of Taxi Stand Prohibited by Others: No person shall Stop, Stand or Park a
Vehicle other than a taxi licensed for operation in Thunder Bay, in any Taxi
Stand, which has been officially designated and marked by Authorized Signs.
(3)
Schedule 9: The portions of Highways more particularly set out in Schedule "9"
of this By-law are designated as Taxi Stands for use by any and all taxis licensed
for operation by the Corporation.
(4)
Prohibition Against Parking by Taxis: Subject to the provisions of this By-law,
no Owner or Driver of a taxi shall Park his Vehicle on any Highway except
between the hours of 9:00 p.m. and 7:00 a.m., subject to any other Parking
restrictions, or for a reasonable time while picking up or delivering passengers.
(5)
Parking, Standing or Stopping a Vehicle contrary to the provisions of Subsections
28(1) through (4), as applicable, constitutes an offence.
29.
Loading Zones:
(1)
Schedule 10: The portions of the Highways more particularly set out in Schedule
"10" of this By-law are designated as loading zones.
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(2)
Parking or Standing Prohibited: No person shall Park or Stand a Vehicle, in a
loading zone on any day, other than a Sunday, or a public holiday, between the
hours of eight (8) o'clock in the forenoon and six (6) o'clock in the afternoon, or
between such hours as are designated by Authorized Signs, except while actually
engaged in loading or unloading goods, wares and merchandise onto or from such
Vehicle. This Subsection 29(2) does not, however, prevent a licensed operator of
a taxi from picking up or discharging passengers in a loading zone.
(3)
Other Provisions Continue to Apply: No person shall Park or Stand a Vehicle in a
loading zone during any period during which Parking or Stopping is prohibited by
the other provisions of this By-law.
(4)
Four Way Flasher Requirement: Unless the Vehicle is occupied by a passenger
and/or Driver, the Driver of a Vehicle Parked or Standing in a loading zone in
accordance with this Section shall engage the four (4) -way flashers of the
Vehicle.
(5)
Parking, Standing or Stopping a Vehicle contrary to the provisions of Subsections
29(1) through (4), as applicable, constitutes an offence.
30.
School Bus Loading Zones: When Authorized Signs prohibiting same are erected and
are on display, no person except the operator of a school Bus, shall Park, Stop or Stand a
Vehicle on any part of the Highways or portions of Highways more particularly set out in
Schedule "11" of this By-law, between the hours of 8:00 a.m. and 5:00 p.m. on any day
when the school set out in Column 4 of that Schedule is in session Parking contrary to
this Section constitutes an offence.
31.
Bus Stops
(1)
Where Authorized Signs prohibiting same are erected and are on display, no
person, except the Driver of a Bus operated by the Corporation, shall Park, Stop
or Stand a Vehicle in any Bus Stop.
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(2)
Where Authorized Signs prohibiting same are erected and are on display, no
person, except the Driver of a Bus operated by the Corporation or parallel
specialized Transit Buses shall Park, Stop or Stand a Vehicle in any Accessible
Bus Zone as identified in the Accessible Bus Zone Schedule as established,
implemented and maintained by the manager of Transit Services, or his or her
designate.
(3)
Where Authorized Signs prohibiting same are erected and are on display, no
person , except the Driver of a commercial passenger Bus, shall Park, Stop, or
Stand a Vehicle on any of the portions of Highways more particularly set out in
Schedule "12" of this By-law.
(4)
Parking, Standing or Stopping a Vehicle contrary to the provisions of Subsections
31(1), 31(2) or 31(3), as applicable, constitutes an offence.
PART V - MOVEMENT OF TRAFFIC
32.
Increased or Decreased Speed Limits: No person shall drive a Vehicle on the
Highways or portions of Highways designated in Columns One and Two of Schedule
"13" of this By-law at a greater rate of speed than is prescribed in Column Three of the
Schedule. Operation of a Vehicle contrary to this Section constitutes an offence.
33.
U-turns: No person shall make a U-turn:
(1)
upon any Highway, unless it can be made in safety and without interfering with
other Traffic;
(2)
within any Intersection where Traffic Signals are installed;
(3)
within any Intersection set out in Schedule "22" of this By-law; or
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(4)
within any Intersection where Stop Signs are erected.
(5)
Operating a Vehicle contrary to the provisions of Subsections 33(1) through (4),
as applicable, constitutes an offence.
34.
Driving on Sidewalk, Curb, Boulevard or Bicycle Lane
(1)
No person shall drive a Vehicle upon any Sidewalk, Curb, Boulevard, except to
directly cross a permanent driveway approved by the Corporation or where prior
approval by the Corporation has been granted.
(2)
No person shall drive a Vehicle, except Bicycles, upon a Bicycle Lane, except to
directly cross a permanent driveway approved by the Corporation.
(3)
No person shall drive a Vehicle, except for non-motorized Vehicles that are
propelled or driven by muscular power, including Bicycles, upon a Multi-Use
Trail, except to directly cross a permanent driveway approved by the Corporation
or where prior approval by the Corporation has been granted.
(4)
Operation of a Vehicle contrary to this section constitutes an offence.
35.
Entering Highway: The Driver of a Vehicle emerging from a private street, driveway,
Lane, lot or building and entering a Highway shall, immediately prior to driving onto the
Sidewalk or Roadway, yield to all pedestrians on the Sidewalk, and all pedestrians and
vehicular Traffic on that Roadway. Operation of a Vehicle contrary to this Section
constitutes an offence.
36.
Funeral and Other Processions
(1)
No Interruptions: No person shall intersect a funeral or other properly authorized
procession while it is in motion, except under the direction of an Officer.
(2)
Participation in Procession: The Driver of a Vehicle in a funeral or other
procession shall drive as nearly to the right-hand edge of the Roadway as is
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practicable and shall follow the Vehicle ahead as closely as it is practicable and
safe.
(3)
Operation of a Vehicle contrary to the provisions of Subsections 36(1) or (2), as
applicable, constitutes an offence.
37.
Roller Skates and Coasters
(1)
Prohibition from Operation on Roadway: No person upon roller skates, or riding
in or by means of a coaster, toy vehicle or similar device, shall go upon the
Roadway except while crossing a Highway on foot at a Crosswalk.
(2)
Prohibition from Operation on Slopes: No person shall ride upon any toboggan,
bobsled, sled, coaster, roller skates, skates, skis or other such contrivance on the
slopes of any overhead bridge or subway in the City.
(3)
Prohibition Against Games on Highways: No person shall play any recreational
or other games on any Highway.
(4)
Prohibition Against Skateboards on Certain Municipal Property: No person shall
ride or coast on a Skateboard on any Highway, Sidewalk or on any other property
occupied by, belonging to, or vested in the Corporation which is identified in
Schedule 27 to this By-law.
(5)
Confiscation of Goods: Where an Officer encounters a person violating any of
the provisions of this Section 37, he or she may confiscate the Skateboard, sled,
rollerskates, or other thing used in contravention, and may retain same for a
period of time not exceeding thirty (30) days. During that thirty (30) day time
period, the Owner of the confiscated item may retrieve it upon presentation of
photographic identification. Items that are confiscated in accordance with this
Subsection 37(5) which have not been retrieved shall be disposed of by the
Corporation in accordance with its policies.
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(6)
Acting contrary to the provisions of Subsections 37(1) through (4), as applicable,
constitutes an offence.
38.
Boarding or Alighting from Vehicles in Motion: No person shall board or alight from
a Vehicle while the Vehicle is in motion. Boarding or alighting contrary to this Section
constitutes an offence.
39.
Pedestrian Traffic
(1)
Proper Pedestrian Crossing: Pedestrians shall not step from the Sidewalk on to a
Highway without looking in both directions and unless it is safe to do so, and
shall cross at an intersection, at right angles to the Highway. Failure to comply
with this Subsection constitutes an offence.
(2)
Impeding Traffic: No pedestrian shall occupy a Highway or Sidewalk in such a
manner that obstructs or impedes the free passage of pedestrians or Vehicles
along or across such Highway or Sidewalk. Failure to comply with this
Subsection constitutes an offence.
(3)
Schedule 23: Those Highways or portions of Highways described in Schedule
"23" are designated as ways principally for use by pedestrians, and the operation
of any Vehicle (other than a Bicycle) on those Highways without prior approval
by the Corporation is prohibited. Failure to comply with this Subsection
constitutes an offence.
(4)
Cyclists Yield to Pedestrians: Persons operating Bicycles shall yield the right-of-
way to pedestrians upon those Highways or portions of Highways described in
Schedule "23" of this By-law. Failure to comply with this Subsection constitutes
an offence.
(5)
Bicycle Lanes: No pedestrian shall travel within a designated bicycle lane.
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40.
Animals on the Highway
(1)
Obey Rules of the Road: The rider, driver or person in charge of horses, cattle,
sheep, pigs or other animals, shall at all times observe the rules of the road as
contained in this By-law and the Highway Traffic Act. Failure to do so constitutes
an offence.
(2)
Recklessness: No person shall drive, or ride any horse or other animal upon any
street at an immoderate speed, nor in such a manner as to endanger or
unreasonably inconvenience any person. Failure to comply with this Subsection
constitutes an offence.
41.
Vehicles Not Equipped With Rubber Tires: No person shall drive or haul any traction
engine, tractor or other heavy Vehicle not equipped with rubber tires upon any paved or
hard-surfaced Highway unless he or she has obtained prior approval from the
Corporation. Where a person is operating in accordance with such approval, he or she
shall comply with any conditions, regulations or instructions contained in the permit.
Failure to comply with this Section constitutes an offence.
42.
Backing: No person shall operate any Vehicle in reverse unless the movement can be
made in safety. Failure to comply with this Section constitutes an offence.
43.
Unlawful Riding: No person shall ride on the exterior of any Vehicle or upon any
portion of any Vehicle not designed or intended for passengers. This prohibition does not
apply to any employee of the Corporation who is engaged in the necessary discharge of
his or her duties, or to persons riding within truck bodies in spaces intended for
merchandise. Failure to comply with this Section constitutes an offence.
44.
Bridges:
(1)
Schedule 14 Weight Restrictions: Where Authorized Signs indicating maximum
Gross Vehicle Weights are erected and are on display, the Gross Vehicle Weight
of any Vehicle or class of Vehicle passing over any bridges designated in
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Schedule 14 of this By-law shall not exceed the maximum weight or weights as
set out in the sign and the Schedule.
(2)
Schedule 15 Speed Restrictions: Where Authorized Signs showing maximum
rates of speed have been erected and are on display, no person shall drive, move,
or operate a Vehicle over any bridge listed in Schedule 15 of this By-law at a
greater rate of speed than the speed set out in Schedule 15.
(3)
Operation of a Vehicle contrary to the provisions of Subsections 44(1) or (2), as
applicable, constitutes an offence.
45.
Bicycles:
(1)
Right Hand Riding: A person operating a Bicycle upon a Highway shall ride as
near to the right-hand side of the Roadway as is practicable and shall exercise due
care when passing a Standing, Stopped or Parked Vehicle or a Vehicle proceeding
in the same direction as the Bicycle.
(2)
Single File Requirement: Persons operating Bicycles upon a Highway shall ride
in single file.
(3)
Interference by Load: No persons operating a Bicycle shall carry any package,
bundle or article in such a manner as to interfere with proper management and
control of the Bicycle.
(4)
No Obstruction of Traffic: No person shall Park or Stop a Bicycle on a Highway
in a manner that unnecessarily obstructs Traffic.
(5)
No Sidewalk Riding: No person shall ride a Bicycle upon any Sidewalk.
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(6)
Single Riders Only: No more than one person shall occupy a Bicycle at one time
unless the Bicycle is designed for more than one rider.
(7)
Braking Systems: No person shall operate a Bicycle upon a Highway unless it is
properly equipped with a braking system which, when applied, will bring the
Bicycle to a complete and efficient stop and which will meet the following
specifications:
a)
Bicycles with hand operated front and rear braking systems shall have
both systems mechanically fit and operative;
b)
Bicycles with rear coaster braking systems shall have the systems
mechanically fit and operative; and
c)
Bicycles with both coaster and hand brake systems shall have both
systems mechanically fit and operative.
(8)
Overtaking Other Cyclists: No cyclist shall overtake and pass another cyclist on a
Bicycle Lane or Roadway except:
a)
when it is safe to do so;
b)
to the left hand side of the cyclist being overtaken and passed; and
c)
when a cyclist is overtaking and passing another cyclist, subsequent to the
sounding of an audible signal or warning by a cyclist.
(9)
Operation of a Bicycle contrary to the provisions of Subsections 45(1) through
(8), as applicable, constitutes an offence.
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PART VI - THROUGH HIGHWAYS, STOP INTERSECTIONS, YIELD
INTERSECTIONS, ONE-WAY STREETS AND DIVIDED HIGHWAYS
46.
Through Highways
(1)
Schedule 16: The Highways set out in Column One of Schedule 16 of this By-
law between the limits set out in Column Two of the Schedule are, except as
provided in Section 46(2) of this By-law, hereby designated as through Highways
for the purpose of the Highway Traffic Act.
(2)
Exception: The designation in Subsection 46(1) of a Highway or portion of a
Highway as a through Highway does not include any Intersection thereon where
the Highway intersected is a King's Highway or where Traffic Control Signals are
installed.
47.
Stop Intersections: Where Authorized Signs indicating same are erected and are on
display at the positions designated in Column Two of Schedule 17 of this By-law, in
compliance with the Highway Traffic Act, the Intersections set out in Column One of the
Schedule are designated as "Stop Intersections" requiring Traffic to Stop as set out in
Column Two of the Schedule. Failure to Stop at any listed and signed Intersection
constitutes an offence.
48.
Yield Signs at Intersections: Where Authorized Signs indicating same are erected and
are on display at the positions designated in Column Two of Schedule 18 of this By-law
in compliance with the Highway Traffic Act, the Intersections set out in Column One of
the Schedule are designated as "Yield Intersections" requiring Traffic to yield as set out
in said Column Two of the Schedule. Failure to yield at any listed and signed
Intersection constitutes an offence.
49.
One -Way Streets: The Highways set out in Column One of Schedule 19 of this By-law
between the limits set out in Column Two of the Schedule are designated as One-way
Streets, and Traffic shall travel on those Highways only in the direction set out in Column
Three of the Schedule. Operation of a Vehicle upon a One-way Street in a direction other
than that specified in Schedule 19 constitutes an offence.
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50.
Divided Highways: Every person operating a Vehicle on a divided Highway as set out
in Schedule 20 of this By-law shall operate the Vehicle on the Roadway to the right of
the Central Boulevard (median) which divides the Highway. Failure to operate a Vehicle
in that fashion constitutes an offence.
51.
Designated Traffic Lanes: When Authorized Signs prohibiting same are erected, any
Vehicle traveling on the Highways as set out in Columns One to Three of Schedule 21 of
this By-law shall be turned in the direction as set out in Column Four of the Schedule.
Operation of a Vehicle in another direction constitutes an offence.
52.
Bicycle Lanes: Those lanes upon Highways or part Highways listed in Schedule 28 are
designated as Bicycle Lanes. Schedule 28 describes the following:
In Column One, the name of the highway or part highway upon which a designated
Bicycle Lane has been established;
In Column Two, the point where the Bicycle Lane commences;
In Column three, the point where the Bicycle Lane concludes;
In Column Four, the periods during which the Bicycle Lane designation is in force and
effect; and
In Column Five, the direction that vehicles must travel when using the Bicycle Lane, by
direction.
PART VII - TURNS PROHIBITED
53.
Turns Prohibited: Where Authorized Signs have been erected and are on display at
those Intersections more particularly set out in Schedule 22 of this By-law, no person
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By-Law No.
traveling on the Roadway in the direction set out in Column Three of the Schedule shall
turn in the direction prohibited in Column three of the Schedule, on the days and times
set out in column Four of the Schedule. Where so indicated in Column Four, Buses
operated by the Corporation are exempt from the turn prohibition. Operation of a
Vehicle contrary to these prohibitions constitutes an offence.
PART VIII - UNLOCKED MOTOR VEHICLES
54.
Special Definitions: The definitions set out in this Section 54 apply only to this Part
VIII of this By-law.
(a)
"Motor Vehicle" and "Commercial Motor Vehicle" have the meanings assigned
to them by the Highway Traffic Act.
(b)
"Emergency Vehicle" has the meaning assigned to it in the Highway Traffic Act.
(c)
The phrase "...In a Manner which Prevents its Operation..." means that all doors
are locked and all windows are in the closed position.
55.
Prohibition Against Unattended Standing: No Owner or Driver of a Motor Vehicle,
other than a Commercial Motor Vehicle, or Emergency Vehicle, shall allow the Motor
Vehicle to Stand unattended except In a Manner which Prevents its Operation. Failure to
comply with this Section constitutes an offence.
56.
Exemption: Vehicles equipped with automatic starters which do not allow the Vehicle
to be moved without the keys are exempt from Section 55.
PART IX - ENFORCEMENT AND PENALTIES
57. (1) Authority to Enforce: This By-law may be enforced by any Officer.
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By-Law No.
(a)
Placement of PIN: Where a Vehicle is found Parked, Standing or Stopped in
contravention of the provisions of this By-law, the Officer finding the Vehicle
may complete and place upon or attach to the Vehicle a PIN. Where the
contravention involves a combination of vehicles, placement of the PIN on any
one of the vehicles in combination shall be sufficient.
(b)
PIN Copies: The ticket shall be completed in triplicate (parking infraction notice,
certificate of parking infraction and office copy) and the issuing Officer shall
attach one copy to the Vehicle (where applicable) or otherwise give one copy
directly to the person alleged to have committed the offence, and deliver the other
copies to the Parking Authority. Any copies referred to in this Section may be
electronic where permitted by law.
(c)
Voluntary Payment: The person receiving the PIN may, within five (5) days
exclusive of Sundays and holidays, after the time of the alleged offence, report to
a Parking Authority payment depot and pay the Parking Authority the sum as
designated on the PIN as set forth in Schedule "29".
(d)
Receipts: Voluntary payment as set out in Subsection 57(1)(c) is accepted as
payment in full satisfaction of the alleged offence. Receipt of the payment shall
be given to the person making the payment. Receipts shall be sent to persons
remitting payment by mail only if a self-addressed stamped envelope is mailed
with the payment and the ticket.
(e)
No Receipt of PIN: Where a PIN is not placed on a Vehicle or handed to a person
as required by Subsection 57(1)(b), or where a PIN was placed or delivered but
was dislodged, removed or misplaced, any prosecution for any offence under this
By-law is not prejudiced.
(2) Penalties: Except as otherwise provided in this By-law, any person convicted of an
offence under this By-law shall be subject to a penalty of not more than five thousand
($5,000.00) dollars exclusive of costs and surcharges, and all penalties shall be
recoverable under the Provincial Offences Act
.
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(3) Owner Responsible: The Owner of a Vehicle that is Parked, Stopped or Standing in
contravention of this By-law is responsible for the infraction regardless of whether or not
he or she was the Driver of the Vehicle at the time of the offence, unless the Owner
proves to the satisfaction of the court that at the time of the event, the Vehicle was in the
possession of someone other than the Owner without the Owner's consent.
PART X - GENERAL
58.
Repeal: The Corporation's By-law Number 065-2011, as amended, is repealed.
59.
Provisions for Towing:
(1)
Towing: In addition to or in lieu of the issuance of a PIN or the imposition of any
penalty under this By-law, an Officer may cause any Vehicle found Parked,
Stopped or Standing in contravention of this By-Law to be moved or taken to and
placed or stored in a suitable place.
(2)
Costs: In the circumstances of Subsection 59(1), all costs and charges for
removing, care and storage of the Vehicle, if any, are a lien upon the Vehicle which may
be enforced in a manner provided by the Repair and Storage Liens Act. 60.
Force
& Effect: This By-law shall come into force and take effect upon a date set by the
Parking Authority. The date shall be set by the Parking Authority when it is advised by
the City Solicitor that the set fines established by this By-law have been approved by the
Ministry of the Attorney General.
Enacted and passed this 24th day of October, A.D. 2016 as witnessed by the Seal of the
Corporation and the hands of its proper Officers.
Keith Hobbs
Mayor
John S. Hannam
City Clerk