Traffic and Parking By-law No. 89-2000 (office consolidation Feb. 18, 2025, with schedules)
Welland, Ontario
· adopted 2004-11-02
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February 18, 2025
OFFICE CONSOLIDATION
THE CORPORATION OF THE CITY OF WELLAND
BY-LAW NUMBER 89 - 2000
BEING A BY-LAW REGULATING TRAFFIC
AND PARKING WITHIN THE CITY OF WELLAND
WHEREAS it is necessary and advisable to repeal By-laws 10721, 9840, 10011
and 89-2000, all as amended, and to enact as a re-enactment By-law 89-2000 with the text
and schedules herein provided.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION
OF THE CITY OF WELLAND enacts as re-enacted By-law Number 89-2000 the
following:
PART I
DEFINITIONS
1.1
General
In this by-law:
"Accessible Parking Permit" means a person with a
disability parking permit issued by the Ministry of
Transportation pursuant to the Highway Traffic Act and the
regulations made thereunder, or a permit, numbered plate, or
other marker or device, issued by another jurisdiction and
recognized under said Act;
"accessible parking permit sign" is a sign consisting of the
international symbol for persons with disabilities to be used
for the purpose of designating parking spaces for the sole use
of vehicles operated by or conveying persons with
disabilities;
"accessible parking space" is a portion of the surface of the
traveled portion of the highway or of the shoulder forming
part of a highway, or on private property an area designated
by suitable markings and accessible parking permit signs
reserved for exclusive use of persons with disabilities to park
their motor vehicle;
"bicycle" includes a tricycle and unicycle, but does not
include a motor assisted bicycle;
"bicycle lane" means a facility located in the traveled portion
of the street or roadway and is designed for one-way bicycle
traffic only and denoted by pavement markings and signage.
"boulevard" means all parts of the highway save and except
any roadway, shoulder, driveway or sidewalk and:
a) "outer boulevard" means such portions of the highway
lying between the sidewalk and the roadway or the
shoulder where such exits;
b) "inner boulevard" means such portion of the highway
lying between the lateral boundary and the sidewalk and
where there is no sidewalk it means that portion of the
highway lying between the lateral boundary and the
roadway of the shoulder where such exists;
"bus" means a motor vehicle designed for carrying ten or
more passengers and used for the transportation of persons;
2
"bus stop" means a portion of a highway designated by
signage as an area at which buses will stop to receive or
discharge passengers;
"Chief of Police" means the Chief of The Niagara Regional
Police Force;
"City" or "City of Welland" means The Corporation of the
City of Welland;
"City Council" means the Council of The Corporation of the
City of Welland;
"City Engineer" means the General Manager/ City Engineer
of Infrastructure and Development Services for the
Corporation of the City of Welland, or a person designated
by the City Engineer;
"city permit" means a permit, other than a Municipal
Building permit, that has been issued by the City of Welland
pursuant to this by-law;
"commercial motor vehicle" means a motor vehicle having
permanently attached thereto a truck or delivery body and
includes ambulances, hearses, casket wagons, fire apparatus,
buses and tractors used for hauling purposes on the highways;
"Community Safety Zone" means a highway or a portion of
a highway designated as such under this by-law and signed
pursuant to the regulations of the Highway Traffic Act;
"construction" means anything done in the erection,
installation, extension or material alteration, demolition or
repair;
"corner" with reference to a highway intersection means the
point of intersection of the prolongation of the lateral curb
lines, or in the absence of curbs, the prolongation of the edges
of the roadways;
"Corporation" means The Corporation of the City of
Welland;
"crosswalk" means:
a) that part of a 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 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,
c) but excludes pedestrian crossovers;
"cul-de-sac" means a highway which is closed at one end
where a turning circle or basin is constructed to allow a
vehicle to turn around and egress at the open end;
"designated school crossing" means a crosswalk which is
established and specifically designated by signs to facilitate
the crossing of a highway by school children under the
supervision of a school crossing guard;
"detached trailer" means a vehicle that is at any time drawn
upon a highway by a motor vehicle, except an implement of
husbandry, a mobile home, another motor vehicle or any
device or apparatus not designed to transport persons or
property, temporarily drawn, propelled or moved upon such
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highway, and except a side car attached to a motorcycle, and
shall be considered a separate vehicle and not part of the
motor vehicle by which it is drawn; and is not attached to a
motor vehicle.
"driveway" means the land which provides vehicular access
from the roadway to a laneway or parking area on adjacent
land;
"emergency vehicle" means:
a) a fire department or fire department volunteer's vehicle
while proceeding to a fire or responding to, but not while
returning from, a fire alarm or other emergency call,
b) a vehicle while used by a person in the lawful
performance of his or her duties as a police officer,
c) an ambulance while responding to an emergency call or
being used to transport a patient or injured person in an
emergency situation, or
d) a cardiac arrest emergency vehicle operated by or under
the authority of a hospital,
on which a siren is continuously sounding and from which
intermittent flashes of red light are visible from all directions;
"farm tractor" means a self-propelled vehicle designed and
used primarily as a farm implement for drawing ploughs,
mowing machines and other implements of husbandry and
not designed or used for carrying a load;
"fire chief" means the Fire Chief of The Corporation of the
City of Welland, or such person as he may designate to carry
out his duties under this by-law;
"fire route" means any road, lane, ramp or other means of
the vehicular access to or egress from a building or structure,
and it may include part of the parking lot;
"front yard" means a yard extending across the full width of
the lot between the front lot line and any part of any building
on the lot;
"gross weight" means the combined weight of vehicle and
load;
"heavy vehicle" means any commercial motor vehicle
having an unloaded vehicle weight in excess of four thousand
five hundred (4,500) kilograms (9,925 lbs);
"H.T.A." or "Highway Traffic Act" means Highway Traffic
Act, 1990, c.H.8 as amended;
"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
prolongation or connection of the lateral curb lines or, if
none, then of the lateral boundary lines of two (2) or more
highways that join one another at an angle, whether or not on
highway crosses the other;
"island" means a portion of a highway so constructed as to
separate or direct vehicular traffic onto specific portions of
the roadway; or provided for the use or protection of
pedestrians;
4
"loading zone" means the portion of a roadway designated
by signage, set apart for the exclusive purpose of parking a
commercial motor vehicle to load or unload the same;
"material" means products utilized for construction/removal
purposes including but not limited to:
a) sanitary/storm/water main pipes
b) fill material (gravel/dirt)
c) commercial garbage canisters
"median strip" means the portion of a highway so
constructed as to separate traffic traveling in one direction
from traffic traveling in the opposite direction by a physical
barrier or an unpaved strip of ground;
"ministry" means the Ministry of Transportation of Ontario;
"mobile canteen" includes any vehicle in or from which any
food or other edible substance or any beverage is offered for
retail sale or sold direct to the consumer;
"motor assisted bicycle" means a bicycle:
a) fitted with pedals which are operable at all times to
propel the bicycle,
b) weighing not more than 55 kg,
c) which has no hand or foot operated clutch or gearbox
driven by the motor and transferring power to the driven
wheel,
d) having an attached motor driven by electricity or having
a piston displacement of not more than 50 cubic
centimeters,
e) which does not have sufficient power to enable the
bicycle to attain a speed greater than 50 km/hr on level
ground within a distance of 2 km from a standing start;
"motorcycle" means a self-propelled vehicle having a seat or
saddle for the use of the driver and designed to travel on not
more than 3 wheels in contact with the ground and includes a
motor scooter, but does not include a motor assisted bicycle;
"motor vehicle" includes an automobile, motorcycle, motor
assisted bicycle unless otherwise indicated in the Highway
Traffic Act, and any other vehicle propelled or driven
otherwise than by muscular power, but does not include a
street car, or other motor vehicles running only upon rails, or
a motorized snow vehicle, traction engine, farm tractor, self-
propelled implement of husbandry or road-building machine
within the meaning of the Highway Traffic Act;
"municipality" has the same meaning as in the Municipal
Act, S.O. 2001, c.25 as amended;
"municipal property" means any open 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;
"municipal parking lot" shall mean land or structures which
have been set apart, designated or established by the city for
the parking of motor vehicles;
"occupant", when used in relation to property, means:
5
a) the tenant of the property or part thereof whose consent
shall extend only the control of the land of which he is
tenant and any parking spaces allotted to him under his
lease or tenancy agreement,
b) the spouse of a tenant,
c) a person or The Corporation of the City of Welland, or a
local board thereof, having an interest in the property
under an easement or right of way granted to or
expropriated by the person, the Corporation or the local
board whose consent shall extend only to the part of the
property that is subject to the easement or right of way, or
d) a person authorized by an occupant as defined in
paragraph a), b) or c), to act on the occupant's behalf for
requesting the enforcement of this section;
"Officer" means a police officer, auxiliary officer, municipal
law enforcement officer or other person authorized to enforce
the Highway Traffic Act, are hereby vested with the authority
of administering and enforcing the provisions of this by-law;
"official sign" means a sign approved by the Ministry;
"one-way" means a roadway or part of a roadway upon
which vehicular traffic is limited to movement in one
direction;
"oversize vehicle" shall mean any motor vehicle having an
overall height greater than 2.6m or overall length greater than
6.7m or combination of both. External attachments to the
vehicle are included in the measurement of height and length;
"owner", when used in relation to property means:
a) the registered owner of the property,
b) the registered owner of a condominium unit, whose
consent shall extend only to the control of the unit of
which he is owner and any parking spaces allotted to him
by the condominium corporation or reserved for his
exclusive use in the declaration or description of the
property,
c) the spouse of a person described in paragraph a) or b),
d) where the property is included in a description registered
under the Condominium Act, the board of directors of the
condominium corporation,
e) a person authorized by the property owner as defined in
paragraph a), b), c) or d) to act on the owner's behalf for
requesting the enforcement of this by-law;
"park" or "parking" means when prohibited, the standing of
a vehicle, whether occupied or not, except when standing
temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers;
"parking lot space" means a portion of the surface of a
parking lot normally designated by lines painted or marked
on the surface of the parking lot;
"parking meter" means a device that shall indicate thereon
the length of time during which a vehicle may be parked
which shall have as a part thereof a receptacle for receiving
and storing coins, a slot or place in which such coins may be
deposited, a timing mechanism to indicate the passage of the
interval of time during which the parking is permissible and
which shall also display a signal when said interval of time
shall have elapsed;
6
"parking permit" means a permit issued or approved by the
City of Welland or a property owner, which allows parking
within a designated parking lot or designated roadway;
"parking ticket dispenser" means a device which shall have
a receptacle for receiving and storing coins, a slot or place in
which coins may be deposited, an indicator which shows the
amount of deposit and the time paid for, a ticket button that
when pressed will dispense a parking ticket which shall
indicate thereon the location, amount paid and valid time
purchased;
"parking space" means:
a) a portion of the surface of the traveled portion of the
highway or of the shoulder forming part of a highway,
designated by suitable markings, the use of which for
parking vehicles is controlled and regulated by a parking
meter and/or designated for angle parking only, and
b) on private property an area designated by suitable
markings, the use of which for parking vehicles may be
controlled and regulated by a parking meter and/or
designated for angle parking only;
"parkland" means any and all land owned by or made
available by lease, agreement or otherwise to the City or
private Community complex that:
a) has been or hereafter may be set apart, designated,
dedicated or established by the City as public parkland,
including the water areas and shoreline of such property,
or
b) is maintained by the City as a boulevard, median,
landscaped buffer area or walkway, or
c) a private community complex that is/can be utilized for
outdoor recreational activity;
"pedestrian" means a person on foot, or in a wheelchair,
baby carriage, or on a child's play vehicle propelled by
muscular power;
"pedestrian barrier" means a rail, fence or a device installed
on a sidewalk or at any location within a highway at where
pedestrian is prevented from crossing the roadway or entering
a barricaded area;
"pedestrian crossover" means any portion of a roadway, at
an intersection or elsewhere, designated by this by-law and
distinctly indicated for pedestrian crossing by signs on the
highway and lines or other markings on the surface of the
roadway as prescribed by the regulation of the Highway
Traffic Act;
"person with a disability" means a person who has been
issued a permit by the Province of Ontario, or other
jurisdiction;
"Police Force" means the Niagara Regional Police Service;
"private property" is property other than that owned by the
municipality, but shall include property owned by public
authorities and local boards;
"private roadway" includes a lane, ramp or other means of
vehicular access to or egress from a building or structure and
it may include part of a parking lot;
7
"public parking area" is a structure or open area other than a
street or highway to which the public has access, whether on
payment of a fee or otherwise;
"public transit vehicle" means a motor vehicle owned by or
operated for a municipal or provincial authority which is
designed for carrying 10 or more passengers and used solely
for the transportation of persons upon payment of a
prescribed fee;
"public vehicle" has the same meaning as in the Public
Vehicles Act, R.S.O. 1990, c. P.54 as amended;
"Residential Parking Permit" means a permit issued under
Section 8.2 by the City Engineer or official designate, which
indicates the roadway, permit number, expiry date and allows
the vehicle(s) registered to the permit to park on the
designated roadway;
"Road Occupancy Permit" means a permit issued under
Section 8.1 by the City Engineer or official designate;
"roadway" means that part of the highway that is improved,
designed or ordinarily used for vehicular traffic, but does not
include the shoulder, and, where a highway includes 2 or
more separate roadways, the term "roadway" refers to any
one roadway separately and not all of the roadways
collectively;
"school bus" means a bus used for transportation of children
to and from school that:
a) bears on the rear thereof the words "Do not pass when
signals flashing",
b) is equipped with 2 red signal lights on the rear thereof and
2 red signal lights on the front thereof,
c) is painted chrome yellow with black lettering and trim;
"school days" means any Monday to Friday inclusive,
between 7 a.m. and 5 p.m. when school is in session;
"shoulder" means that portion of the highway lying adjacent
to the roadway where there is no barrier curb, and which is
improved or maintained to support a stopped vehicle;
"side, approach" means that side closest to lawfully
approaching vehicular traffic;
"side, remote" means that side most distant from lawfully
approaching vehicular traffic;
"sidewalk" means a foot path or any portion of a highway
set aside or improved for the use of pedestrians;
"signs" shall include any sign or other device erected or
placed on a highway, private or municipal property for the
purpose of regulating or guiding traffic;
"Snow Clearing Exemption Permit" means a permit issued
under Section 8.3 by the City Engineer or Official designate,
which indicates the roadway or municipal parking lot, permit
number, expiry date and allows the vehicle registered to the
permit to park on the designated roadway or municipal
parking lot;
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"social event" shall include, but not limited to, parades,
competitive road races, street parties and other social,
recreational, community, commercial or athletic activities;
"stand" or "standing" means when prohibited, the halting of
a vehicle, whether occupied or not, except for the purpose of
and while actually engaged in receiving or discharging
passengers;
"stop" or "stopping" means when prohibited, the halting of a
vehicle, even momentarily whether occupied or not, except
when necessary to avoid conflict with other traffic or in
compliance with the directions of a constable or other police
officer or of a traffic control sign or signal;
"taxi cab" has the same meaning as in the Public Vehicle
Act, R.S.O. 1990, c.P.54 as amended;
"taxi cab stand" means the area designated by the City to be
used by a taxicab while waiting for or picking up goods or
passengers;
"through highway" means a highway or part of a highway
designated as such by the Minister or by by-law of a
municipality, and every such highway shall be marked by a
stop sign or yield right-of-way sign in compliance with the
regulations of the Ministry;
"tow away zone sign" means signage depicting an area
designated by this by-law where a vehicle may be towed
away forthwith;
"traffic" includes pedestrians, ridden, led or herded animals,
vehicles, motorized snow vehicles and other conveyances,
either singly or together while using portion of a highway for
the purposes of travel or movement of goods;
"traffic control device" means any sign, traffic signal or
other roadway, curb or sidewalk marking, or any other device
erected or placed under the authority of this by-law for the
purpose of regulating, warning or guiding traffic;
"traffic signal" means any device operated manually,
electrically or mechanically for the regulation of traffic;
"trailer" means a vehicle that is at any time drawn upon a
highway by a motor vehicle, except an implement of
husbandry, a mobile home, another motor vehicle or any
device or apparatus not designed to transport persons or
property, temporarily drawn, propelled or moved upon such
highway, and except a side car attached to a motorcycle, and
shall be considered a separate vehicle and not part of the
motor vehicle by which it is drawn;
"Transit Commission" means any local board of an area
municipality operating a public passenger transportation
system, or any private body operating a public transportation
system under franchise from or agreement with an area
municipality;
"unauthorized motor vehicle" is a vehicle that does not
have affixed thereto current identification issued and
displayed in accordance with the provisions of this by-law;
"U-Turn" means to turn a vehicle within a roadway in order
to proceed in the opposite direction from the direction the
vehicle was previously traveling;
9
"vehicle" includes a motor vehicle, trailer, traction engine,
farm tractor, road-building machine, bicycle and any vehicle
drawn, propelled or driven by an kind of power, including
muscular power, but does not include a motorized snow
vehicle or a street car;
"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 defect or disability
PART II
INTERPRETATION
2.1
Where words and phrases used in this by-law are defined in
the Highway Traffic Act, but not defined in this by-law, the
definitions in the Highway Traffic Act shall apply to such
words and phrases.
2.2
As used in this by-law, words used in the present tense
include the future; words used in the masculine gender
include more persons, parties or things of the same kind than
one, and females as well as males.
2.3
A word interpreted in the singular number has a
corresponding meaning when used in the plural.
2.4
Where there is any conflict between the provisions of this by-
law and the provisions of the Highway Traffic Act, as
amended, the provisions of the Highway Traffic Act shall
prevail.
2.5
In the schedules to this by-law, the following abbreviations,
definitions and symbols stand for the words respectively set
forth opposite thereto as follows:
Ave. ...........................Avenue
Blvd ...................... Boulevard
Cir. ............................... Circle
Ct. ................................. Court
Cres. ......................... Crescent
Dr. ................................. Drive
Hwy. ....................... Highway
Pkwy. ....................... Parkway
Pl. .................................. Place
Regn. ........................Regional
Rd. .................................Road
St. .................................. Street
Sq. ............................... Square
No. ............................ Number
cm ........................ centimeter
km .......................... kilometer
km/h ........ kilometer per hour
m ................................... meter
N ................................... North
S .................................... South
W ................................... West
E ...................................... East
a.m. .................Ante Meridian
p.m. ................. Post Meridian
2.6
Distance
Where a distance is used in this by-law as from, to or within a
specified distance of an object, structure, land, intersection or
part of a highway, such distance shall be measured along the
curb or edge or roadway opposite such object, structure, land
or corner, unless the context otherwise requires.
10
2.7
Cumulative Effect
The various restrictions of this by-law are cumulative and
not mutually self-exclusive.
2.8
Severability
It is declared that if any section, subsection, schedule or part
thereof of this by-law be declared by a court of law to be bad,
illegal or ultra vires, such part or parts shall be deemed to be
severable and all parts hereof are declared to be separate and
independent and enacted as such.
2.9
Standard Time And Daylight Saving Time
Whenever in this by-law a time of day or hour is referred to,
the same shall be construed in accordance with Standard
Time or Daylight Saving Time, as may be in current official
use in the Region.
PART III
STOPPING, STANDING AND PARKING
3.1
Two-way Roadway and Right Side of One-Way
Unless otherwise permitted in this By-law, no person shall
stop, stand or park any vehicle on any highway, except:
a) on the right hand side of the highway, having regard to
the direction in which such vehicle had been proceeding;
and,
b) parallel to the right curb or where there is no curb, as
close as practical to the right edge of the shoulder or edge
of highway; and,
c) not more than thirty centimeters (30cm) from the right
curb or where there is no curb, as close as practical to the
right edge of the shoulder or edge of the highway.
3.2
One-Way Roadway
Where stopping, standing or parking is permitted on a
highway designated for one-way traffic, no person shall stop,
stand or park any vehicle on any highway, except on either
the left or right side of the road:
a) having regard to the direction in which such vehicle has
been proceeding; and,
b) parallel to the curb or where there is no curb, as close as
practical to the edge of the shoulder or edge of highway;
and,
c) not more than thirty centimeters (30cm) from the curb or
where there is no curb, as close as practical to the edge of
the shoulder or edge of highway.
3.3
Angle Parking Zones
Where angle parking is permitted, no person shall stop, stand
or park any vehicle or permit a vehicle to remain stopped,
standing or parked except at the angle designated by signs or
markings, and with the front end of the vehicle at the curb or
the edge of the designated space which is remote from the
center of the roadway.
3.4
Signed or Marked Areas
No person shall permit a vehicle to remain stopped, standing
or parked on any portion of any highway designated by signs
or markings on the highway for stopping, standing or parking
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except when the said vehicle is entirely within the space or
area so designated.
3.4.1
Accessible Parking
3.4.1.1
No person shall park a vehicle in an accessible parking
space, unless a valid accessible parking permit is properly
displayed,
(a)
affixed to the sun visor on the driver's side of the
vehicle with the visor turned down; or
(b)
on the driver's side of the dashboard of the vehicle.
3.4.1.2
Any person who is qualified and holds a valid accessible
parking permit may park at any parking space in the City of
Welland as follows without depositing money:
(a)
at a municipal parking lot operated by a parking ticket
dispenser for up to three (3) hours,
(b)
at a municipal parking lot or on-street parking space
operated by a parking meter for the length of time of
that specific parking meter but not to exceed a time of
three (3) hours.
3.4.1.3
No public parking area owner or operator shall authorize any
person to park a vehicle which does not properly display a
valid accessible parking permit in a designated parking space.
3.4.1.4
The accessible parking permit signs referred to in this by-law
shall conform with Ontario Regulation 581 made under the
Highway Traffic Act as shown in Schedule XXXVIII
(signage);
3.4.1.5
An accessible parking permit sign shall be permanently
mounted as follows:
(a) on a post located at the front end of a designated on-street
parking space; or
(b) on a post located at the point marking the midpoint in
width of the parking stall.
3.4.1.6
Every owner or operator of each public/private parking area
in which signs are located pursuant to this by-law shall be
responsible for the procurement, installation and maintenance
of said signs, and for ensuring that said signs conform with
the Ontario Regulations made under the Highway Traffic
Act;
3.4.1.7
Every owner or operator shall ensure that the accessible
parking spaces as required must conform to City By-law
2667 and By-law 1538.
3.4.1.8
An officer, upon the discovery of a vehicle parked or left in
contravention of this section, may cause the vehicle 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 shall be borne by the owner;
3.4.1.9
Notwithstanding any other provisions of this by-law, a officer
may, before removing the motor vehicle as provided for in
this section, issue and attach to the vehicle a City of Welland
Parking Infraction Notice alleging that the provision of this
section have been contravened;
3.4.1.10
Notwithstanding all other provisions of the section, any
person may, within fifteen (15) days, upon presentation to
The Corporation of the City of Welland, in the said City, of a
Parking Infraction Notice, pay to the said City or to any other
12
person appointed by the Council to accept such payments,
within fifteen (15) days from the date of such Parking
Violation Tag, exclusive of Saturdays, Sundays, and
Statutory Holidays, the sum of $300.00, and upon payment of
the said sum no further proceedings shall be taken under this
by-law.
3.5
Double Parking Prohibited
No person shall stop, stand or park a vehicle or permit a
vehicle to remain stopped, standing or parked on any
highway on the roadside of any stopped, standing or parked
vehicle.
3.6
Shoulder and Boulevard Restrictions
Unless otherwise provided in this by-law, no person shall
stop, stand or park a vehicle or permit a vehicle to remain
stopped, standing or parked on any shoulder and inner/outer
boulevard contrary to the prohibition or restriction applicable
to the adjacent roadway as herein provided by this by-law.
3.7
Parking Limitation within the Same Zone
No person shall stop, stand or park a vehicle or permit a
vehicle to remain stopped, standing or parked on a portion of
the highway within thirty meters (30 m) of or within one hour
from the time of its removal from such portion of a highway
where such portion is referred to in Parts III to this by-law.
3.8
Bus Stops
The establishment of a bus stop for local Transit Commission
buses on roadways is hereby authorized, and shall be
conclusively deemed to have been established when official
signs are on display.
3.9
Parking On Private Property/Municipal Property
(1) No person shall park or leave a motor vehicle:
a) on private property without the consent of the
owner or occupant of the property;
b) on property owned or occupied by a public
authority or any local board without the consent of
the public authority or local board, as the case
may be;
c) on Municipal/Private Property designated under
Schedule I of this by-law without consent;
d) if a parking space has been designated by lines
painted on the surface of the parking area on
private property, no person shall park any vehicle
is such manner that is not wholly within the area
designated as a parking space;
e) where applicable, a permit issued by the property
owner, must be displayed to show the permit
number and expiry date by,
i. affixed to the sun visor on the driver's side
of the vehicle with the visor turned down,
ii. on the driver's side of the dashboard of the
vehicle; or
iii. attached to the rear view mirror.
f) a motor vehicle whose length exceeds 6.5 meters,
unless an agreement has been made with the
property owner;
g)
where parking machines have been installed
under the authority of this by-law;
13
i.
without a valid parking machine receipt
displayed on the driver's side of the
dashboard of the vehicle, or
ii.
if the parking machine is covered by a
parking machine cover or parking
prohibition sign.
(2) Where signs have been posted, stating conditions on
which a motor vehicle may be parked or left on the
property, or prohibiting the parking or leaving of a motor
vehicle on the property, a motor vehicle parked or left on
the property contrary to such conditions or prohibitions
shall be deemed to have been parked or left without
consent.
(3) Notwithstanding Section 3.9 (1) and 3.9 (2) no person
shall park, stand or stop a vehicle on a front yard of a
residential property except on a driveway in compliance
with the City of Welland Zoning By-law as amended.
(4) Notwithstanding Section 3.9 (1) and 3.9 (2) no person
shall park, stand or stop a commercial motor vehicle:
a)
on private property exceeding a gross weight
of 4,500 kilograms in a residential zone
except when such commercial motor vehicle
is temporarily parked for the purposes of
delivering to or servicing the premises.
b)
on private property exceeding a maximum
vehicle length of 6.0 metres in a residential
zone except when such commercial motor
vehicle is temporarily parked for the purposes
of delivering to or servicing the premises.
c)
on private property exceeding a maximum
vehicle height of 2.3 metres in a residential
zone except when such commercial motor
vehicle is temporarily parked for the purposes
of delivering to or servicing the premises.
(5) Notwithstanding Section 3.9 (1) and 3.9 (2) no person
shall park, stand or stop a school bus, used as a
commercial vehicle, designed for carrying ten or more
passengers on private property, in a residential zone.
(6)
a) If it is alleged in a proceeding that this section has
been contravened, the oral or written evidence of
an enforcement official is receivable in evidence
as proof, in the absence of evidence to the contrary,
of the facts stated therein in respect of:
i. the ownership or occupancy of the
property;
ii. the absence of the consent of the owner or
occupant;
iii. whether any person is an owner under
paragraph e) of the definition of "owner"
or an occupant under paragraph e) of the
definition of "occupant" in Section 1.1,
b) A document offered as evidence under Subsection
(3) a) shall be admitted without notice under the
Evidence Act,
c) A officer, upon discovery of any vehicle parked or
standing in contravention of the provisions of this
section may cause it to be moved or taken to and
placed or stored in a suitable place, at the owner's
expense, and all costs and charges for removing,
care and storage thereof, if any, are a lien upon the
vehicle which may be enforced in the manner
provided by the Repair and Storage Liens Act,
14
d) notwithstanding any other provisions of this by-
law, a officer may, before removing the motor
vehicle as provided for in this section, issue and
attach to the vehicle a City of Welland Parking
Infraction Notice alleging that the provision of
this section have been contravened.
3.10
Stopping Prohibited -
Specified Places, Without Signs
No person shall stop any vehicle or permit any vehicle to
remain stopped on any highway:
3.10.1
on or partly on or over a sidewalk;
3.10.2
within an intersection or crosswalk;
3.10.3
adjacent to or across the roadway from any obstruction in the
roadway when such action would impede the free flow of
traffic;
3.10.4
upon any bridge or elevated structure and within any tunnel
or underpass, or within thirty meters (30 m) of either end of
any such structure, except where stopping in these locations
is otherwise permitted by this by-law;
3.10.5
on any median strip or adjacent to either side or the ends of
any median strip separating two roadways, except when
stopping in these locations is otherwise permitted by this by-
law.
3.11
Stopping Prohibited -
Specified Places, With Signs
When official signs are on display, no person shall stop a
vehicle or permit a vehicle to remain stopped on a highway:
3.11.1
within thirty meters (30 m) of the approach side of a
crosswalk at a school crossing designated by official signs or
of a pedestrian crossover, or within ten meters (10 m) of the
remote side of a school crosswalk or a pedestrian crossover;
3.11.2
within thirty meters (30 m) of the approach side of the nearest
rail of any level crossing of a railway, or within sixteen
meters(16m) of the remote side of the nearest rail of any such
level crossing;
3.11.3
on either side or both sides of the portion of highway adjacent
to a school property between the hours of 7:00 a.m. and 5:00
p.m. Monday to Friday, inclusive;
3.11.4
within fifteen meters (15 m) of an intersection;
3.11.5
within sixty meters (60 m) of an intersection controlled by a
traffic signal;
3.11.6
on either side or both sides of the portion of a highway
adjacent to a playground or parkland.
3.12
Standing Prohibited -
Specified Places, With Signs
When official signs are on display, no person shall stand a
vehicle or permit a vehicle to remain standing on a highway
or parts of a highway within twelve meters (12 m) of the
remote side of a designated Transit Commission bus stop or
within twenty-eight (28 m) of the approach side of such bus
15
stop, provided such vehicle does not interfere with a bus
waiting to enter or about to enter or exit from such bus stop.
3.13
Parking Prohibited -
Specified Places, Without Signs
Subject to Sections 3.9 and 3.10, no person shall park a
vehicle or permit a vehicle to remain parked on any highway:
3.13.1
within ten meters (10 m) of an intersection;
3.13.2
within three meters (3 m) of a fire hydrant;
3.13.3
on a driveway:
i) within thirty centimeters (30 cm) of a sidewalk;
ii) or between the sidewalk and the roadway; or
iii) where there is no sidewalk, within three meters (3 m) of
the roadway or one meter (1 m) of shoulder;
3.13.4
in front of or within one and one-half meters (1.5 m) of a
laneway or driveway or a curb-cut or depressed curb thereto;
3.13.5
on either side of a roadway so as to obstruct a vehicle in the
use of any laneway or driveway;
3.13.6
on such a position that will prevent the convenient removal of
any other vehicle previously stopped, standing or parked;
3.13.7
for the purpose of displaying such vehicle for sale or lease;
3.13.8
for the purpose of servicing or repairing such vehicle except
for repairs as have been necessitated by an emergency;
3.13.9
for a longer period than 12 hours at any one time;
3.13.10
on a highway as to interfere with the clearing of snow from
the highway, save for those residents that have obtained a
snow clearing exemption permit and displayed appropriately
as outlined in Section 8.3;
3.13.11
no person shall park a heavy vehicle on any highway unless it
is at the time being used to make a delivery or to provide a
service;
3.13.12
no person shall park a detached trailer on any highway
without a Road Occupancy Permit;
3.13.13
no person shall park an oversized vehicle or detached trailer
on any highway unless it is at the time being used to make a
delivery or to provide a service.
3.14
Parking Prohibited -
Specified Places, With Signs
Subject to Sections 3.9 and 3.10, when official signs are on
display, no person shall park a vehicle or permit a vehicle to
remain parked on any highway:
3.14.1
In front of or within eight meters (8 m) of the property limits
on which a fire hall is located or on the opposite side of said
highway, within thirty meters (30 m) of the prolongated lot
limits of the said property;
3.14.2
within twenty-two meters (22 m) of an intersection;
16
3.14.3
within sixty meters (60 m) of an intersection controlled by a
traffic signal;
3.14.4
in front of or within three meters (3 m) of the main entrance
to or any emergency exit from any public house, hotel, motel,
hospital, nursing home, theatre, auditorium or other building
or enclosed space in which persons may be expected to
congregate in large numbers;
3.14.5
within three meters (3 m) of a laneway or driveway or a curb
cut or depressed curb thereto;
3.14.6
having a roadway width of eight meters (8 m) or less;
3.14.7
within thirty meters (30 m) of the approach side and within
fifteen meters (15 m) of the remote side of a crosswalk
controlled by a traffic signal and not located at an
intersection;
3.14.8
so as to interfere with the formation of a funeral procession;
3.14.9
within the turning circle or basin of a cul-de-sac;
3.14.10
within fifteen meters (15 m) of the termination of a dead end
roadway;
3.14.11
where the Chief of Police or City Engineer or designate, is of
the opinion that, for some temporary period , the safety of
the public, the proper movement of traffic, or the proper and
safe performance of some vital function of the City of
Welland requires the prohibition or limitation of parking;
3.14.12
on either side or both sides of the portion of highway adjacent
to a school property between the hours of 7:00 a.m. and 5:00
p.m. Monday to Friday, inclusive;
3.14.13
on either side or both sides of the portion of a highway
adjacent to a playground or parkland;
3.14.14
on the inside curve (elbow curve) of a roadway, within fifteen
meters (15m) of the tangent.
3.15
Stopping Prohibited -
Schedule "III"
When official signs are on display, no person shall stop a
vehicle or permit a vehicle to remain stopped on a highway,
at the side, between the limits, and during the times and days
set out respectively in columns 1, 2, 3 and 4 of Schedule "III"
of this by-law.
3.16
Standing Prohibited -
Schedule "IV"
Subject to Section 3.9, when official signs are on display; no
person shall stand a vehicle for the purpose of standing or
permit a vehicle to remain standing on a highway, at the side
between the limits, and during the times and days set out
respectively in columns 1,2, 3 and 4 of Schedule "IV" of this
by-law.
3.17
Parking Prohibited -
Schedule "V"
Subject to Sections 3.9 and 3.10, when official signs are on
display, no person shall park a vehicle or permit a vehicle to
remain parked on a highway, at the side, between the limits,
and during the times and days set out respectively in
columns 1,2, 3 and 4 of Schedule "V" of this by-law.
17
3.18
Parking Prohibited - Fire Routes
Schedule "VI"
Following designation of fire routes by the Fire Chief and
notice under the Fire Marshals Act, R.S.O. 1990, c.F.17:
3.18.1
The owner of a property shall erect signs marking private
roadways thereon as fire routes;
3.18.2
before erecting signs as required, the owner of a property
shall obtain direction from and the approval of the Fire Chief
or the persons designated by him to give such direction and
approval, for all such signs, the wording thereon and the
location thereof;
3.18.3
each private roadway which is located on a property of which
the municipal address or location is listed in Schedule VI
hereto and beside or near which there are signs marking it as
a fire route is hereby designated as a fire route;
3.18.4
the owner of a property upon which there is a private
roadway that has been designated as a fire route:
(a) shall maintain the signs marking it as a fire route as
shown in Schedule XXXVIII; and
(b) shall keep such private roadway in good repair, clear of
snow and ice and free of all obstructions;
3.18.5
No person shall park/stand a vehicle at any time on or along
any part of a private roadway designated as a fire route; and
3.18.6
An officer, upon the discovery of a vehicle parked or left in
contravention of this section, may cause the vehicle 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 shall be borne by the owner;
3.18.7
Notwithstanding any other provisions of this by-law, a officer
may, before removing the motor vehicle as provided for in
this section, issue and attach to the vehicle a City of Welland
Parking Infraction Notice alleging that the provision of this
section have been contravened.
3.18.8
Notwithstanding all other provisions of the section, any
person may, within fifteen (15) days, upon presentation to
The Corporation of the City of Welland, in the said City, of a
Parking Penalty Notice, pay to the said City or to any other
person appointed by the Council to accept such payments,
within fifteen (15) days from the date of such Parking Penalty
Notice, exclusive of Saturdays, Sundays, and Statutory
Holidays, the sum set out in Schedule XXXV, and upon
payment of the said sum no further proceedings shall be
taken under this by-law.
3.19
School Bus Loading Zones
Schedule "VII"
Subject to Sections 3.10 and 3.11, with the exception of a
school bus, when official signs are on display, no person shall
park a vehicle or permit a vehicle to remain parked on a
highway, at the side, between the limits, and during the times
and days set out respectively in columns 1, 2, 3 and 4 of
Schedule "VII" of this by-law.
18
3.20
Limited Parking -
Schedule "VIII"
Subject to the previous sections of Part II, when official signs
are on display, no person shall park a vehicle or permit a
vehicle to remain parked on a highway, at the side, between
limits, for a longer period of time and during the times and
days set out respectively in columns 1, 2, 3, 4 and 5 of
Schedule "VIII" of this by-law.
3.21
Angle Parking -
Schedule "IX"
Subject to the previous sections of Part II angle parking is
permitted on the roadways, at the sides, and between the
limits set forth respectively in columns 1, 2 and 3 of Schedule
"IX" of this by-law.
3.22
Public Vehicle (Inter-City) Parking Zone
Schedule "X"
Subject to Part II, when official signs are on display, no
person shall park a vehicle or permit a vehicle to remain
parked on the
highway, at the side, between the limits and during the times
and days set out respectively in Columns 1, 2, 3 and 4 of
Schedule "X" of this by-law, except a public vehicle.
3.23
Public Vehicle (Inter-City) Bus Stop
Schedule "XI"
Subject to Part II, when official signs are on display, no
person shall stand a vehicle or permit a vehicle to remain
standing on a highway, at the side, between the limits and
during the times and days set out respectively in Columns 1,
2, 3 and 4 of Schedule "XI" of this by-law, other than a
public vehicle taking on or discharging passengers except
that the driver of a vehicle may temporarily stop in a bus stop
for the purpose of and while actually engaged in loading or
unloading passengers when such stopping does not interfere
with a public vehicle waiting to enter or about to enter or exit
such bus stop.
3.24
Vending Stops -
Schedule "XII"
No person who sells or offers for sale or takes orders for
goods, wares, merchandise or produce from a vehicle shall,
for the purpose of carrying on their business, stop the vehicle
or permit the vehicle to remain stopped on any part of the
highway in such a manner as to interfere with the movement
of traffic.
3.24.1
No person shall offer for sale or take orders for goods, wares,
merchandise or produce from a vehicle on a highway except
from the side of such vehicle facing the closest boulevard.
3.24.2
Subject to Part II, no person shall stop a mobile canteen on a
roadway, at the side, between the limits, and during the times
and days set out respectively in columns 1, 2, 3 and 4 of
Schedule "XII" of this by-law.
3.25
Taxi Cab Stands -
Schedule "XIII"
Subject to Part II, when official signs are on display, no
person shall stand a vehicle or permit a vehicle to remain
standing on the highway, at the side, between the limits and
19
during the times and days set out respectively in Columns 1,
2, 3 and 4 of Schedule "XIII" of this by-law, except a taxi
cab.
3.26
Loading Prohibited -
Schedule "XIV"
Subject to Part II, when official signs are on display, no
person shall stop a vehicle to load or unload freight or
merchandise or permit a vehicle to stop to load or unload
freight or merchandise on a highway, between the limits, at
the side and during the times and days set out respectively in
columns 1, 2, 3 and 4 of Schedule "XIV" of this by-law.
3.27
Loading Zones -
Schedule "XV"
Subject to Part II and previous sections of Part III, when
official signs are on display, no person shall stop a vehicle or
permit a vehicle to remain stopped on a highway, between the
limits, at the side and during the times and days set out
respectively in column 1, 2, 3 and 4 of Schedule "XV" of this
by-law, except a commercial motor vehicle when parked
temporarily for the purpose of and while actually engaged in
loading or unloading freight or merchandise, and such
parking shall not exceed a period of thirty minutes.
PART IV
PARKING METERS AND PARKING TICKET DISPENSERS
4.1
General Regulations
Where parking meters or parking ticket dispensers have been
installed under the authority of this by-law, no person shall
park a vehicle or permit a vehicle to remain parked in a
parking space unless:
4.1.1
where parallel parking is permitted, the front wheels of such
vehicle are adjacent to the single parking meter provided for
such parking meter space;
4.1.2
where parallel parking is permitted and two meters are
mounted on the same standard, the rear wheels of the remote
vehicle shall be adjacent to or as close as is practicable to
such parking meters and the front wheels of the approach
vehicle shall be adjacent to or as close as is practicable to
such parking meters;
4.1.3
where angle parking is permitted, the front wheels of the
vehicle shall be adjacent to or as close as is practicable to the
parking meter provided for such parking meter space.
4.2
No person shall park a vehicle or permit a vehicle to remain
parked in such a manner that it is not wholly within the area
designated as a parking space unless the vehicle is of such
length as to render it impossible to park it in one parking
space, in which case the adjoining parking space or spaces
may, in addition, be used if the required coin deposits are
made in the parking meters or parking ticket dispensers
provided for all such parking spaces so used.
4.3
No person shall park a vehicle or permit a vehicle to remain
parked in a parking space:
4.3.1
if the parking meter or parking ticket dispenser has been
covered by a parking meter/dispenser cover or parking
prohibition sign;
20
4.3.2
if an "Out of Order" display is indicated;
4.3.3
if parking space is presently occupied by another vehicle;
4.3.4
in such a manner as to interfere with the clearing of snow, or
parking lot maintenance;
4.3.5
between the hours of 12:01a.m. and 7:00a.m. within a
parking lot;
4.3.6
in such a manner as to obstruct a vehicle in the use of any
laneway or driveway.
4.4
Parking Metered Space Subject to other Provisions
The stopping, standing, and parking of vehicles in metered
spaces shall be subject to all prohibitions, restrictions,
limitations and provisions of this by-law, other City of
Welland Traffic by-laws and the Highway Traffic Act.
4.5
Use of Parking Meter or Parking Ticket Dispenser
No person shall deposit or cause to be deposited in any
parking meter or parking ticket dispenser:
4.5.1
any slug, device or other substitute for a lawful coin of the
Dominion of Canada or of the United States of America, or
4.5.2
any coin except a five cent coin commonly referred to as a
"nickel", a ten cent coin commonly referred to as a "dime", a
twenty-five cent coin commonly referred to as a "quarter", a
dollar coin commonly referred to as a "loonie" or a two dollar
coin commonly referred to as a "toonie" and any other coin
of the Dominion of Canada or of the United States of
America.
4.6
Parking Meter Zones - Schedule "XVI"
The highways or portions of the highways described in
Schedule "XVI" of this by-law are hereby designated as
parking meter zones.
4.6.1
Subject to the provisions of Subsection 4.6.2, when parking
meters or parking machines have been erected on a highway,
at the side, and between the limits set out respectively in
Column 1, 2 and 3 of Schedule "XVI" of this by-law, no
person shall park a vehicle or permit a vehicle to remain
parked for a longer period of time and during the times and
days set out respectively in Columns 5 and 6 of the said
schedule;
4.6.2
Subject to the maximum parking time period and the hours
and days of operation set out in the Schedule "XVI" of this
by-law, no person shall park any vehicle or permit a vehicle
to remain parked, unless the fee set out in Column 4 of said
schedule is deposited in the meter or parking ticket dispenser
controlling such parking space, and the said meter or parking
ticket dispenser is in operation;
4.6.3
A vehicle parked in a parking space on a highway controlled
by a parking ticket dispenser, displaying an expired ticket or
no ticket at all, is unlawfully parked over time and is prima
facia evidence that is such vehicle is unlawfully parked.
21
4.7
Municipal Parking Lots - Schedule "XVII"
4.7.1
Where signs have been erected and are on display no person
shall park or leave a vehicle in a parking lot for a period of
time longer than the times and days indicated on such sign in
the parking lots described in Schedule "XVII";
4.7.2
Where a parking ticket dispenser has been erected in a
parking lot indicated in Schedule "XVII" of this by-law, no
person shall park a vehicle or permit a vehicle to remain
parked for a period of time longer than the times and days
indicated on the ticket issued;
4.7.3
All persons shall be subject to the maximum parking time
period and hours and days of operation set out in Schedule
"XVII" and no person shall park a vehicle or permit a vehicle
to remain parked in such parking lot unless the fee set our in
the said Schedule is deposited in the parking ticket dispenser
controlling such parking lot, which will issue a valid parking
ticket for the period of time purchased up the maximum legal
parking limit;
4.7.4
Persons using a parking lot equipped with a parking ticket
dispenser shall display the ticket dispensed by the parking
ticket dispenser, face up on the inside dash of the vehicle, so
as to be readily visible from the outside through the
windshield;
4.7.5
A vehicle parked in a parking lot controlled by a parking
ticket dispenser, displaying an expired ticket or no ticket at
all, is unlawfully parked over time and is prima facia
evidence that such vehicle is unlawfully parked;
4.7.6
Notwithstanding Section 4.7.5, where signs have been
erected and are on display, a person may leave a motor
vehicle within that area of the parking lot, if that person is the
holder of a valid permit issued by the Corporation of the City
of Welland and the said permit is hung from the rear view
mirror and visibly displayed. A permit issued under the
authority of this section shall permit parking within a
designated area for a period of time longer than the times and
days otherwise allowed. A vehicle parked without a valid
permit is unlawfully parked over time and is prima facia
evidence that such vehicle is unlawfully parked.
4.7.7
Notwithstanding Sections 4.7.4, 4.7.5 and 4.7.6, persons
using a parking lot where digital permits are available may
obtain a digital parking permit in lieu of displaying a ticket
dispensed by the parking ticket dispenser or in lieu of
displaying a valid permit in the vehicle. Where a digital
parking permit, approved by the City is obtained, the digital
parking permit is only valid for the vehicle identified by the
licence plate provided. Only one (1) licence plate can be
valid at one time.
4.8
Unexpired Parking Meter
The driver of a vehicle shall not be prevented from using the
unexpired time remaining on a parking meter from its
previous user without depositing a coin therefore.
4.9
Vehicle At Expired Parking Meter
The fact that a parking meter governing a parking meter
space indicates that a vehicle is unlawfully parked is prima
facia evidence that such vehicle is unlawfully parked.
22
4.10
Commercial Loading Permits
The City Engineer or designate may issue commercial
loading permits or commercial parking permits to the owner
of any heavy vehicle for which such a permit has been issued
may be parked in any parking space while actually engaged
in loading or unloading goods, wares or merchandise, without
making use of the parking meter adjacent to such parking
space for a time limit not exceeding 30 minutes;
4.10.1
Every commercial vehicle for which a commercial loading
permit has been issued shall be identified by having affixed
to the windshield thereof an official parking sticker issued by
the City Engineering or designate;
4.10.2
The fee for every commercial loading permit or commercial
parking permit, shall be in accordance with the tariff
contained in Schedule "XVIII" to this by-law. Every such
permit shall expire on the 31st day of December of the year
which it was issued;
4.10.3
Commercial vehicle loading permits or parking permits
issued by the Corporation of the City of Welland shall be
deemed to be permits issued under this Section.
4.11
Parking Meter/Parking Ticket Dispenser Exemptions
Notwithstanding anything hereinbefore contained, drivers of
the following classes of vehicles shall not be required to
deposit coins in the parking meter provided for a parking
space occupied by such vehicles:
(i) Fire Department vehicles of the area municipality,
(ii) Regional Police Force vehicles,
(iii) Ambulances,
(iv) Hearses,
(v) Vehicles owned by the Region or the municipality,
(vi) Vehicles or a municipal Public Utilities Commission
while such vehicles are being used in connection with the
construction, maintenance or repair of any plant or
equipment of such Commissions,
(vii) Any vehicle that has the symbol of a "poppy" on the
license plate, designated that vehicle as a veteran of the
Canadian Military,
(viii) iAny vehicle parked at an on-street parking meter, three
(3) weeks prior to December 24 up to January 1 for a
period of two (2) hours.
PART V
TRAFFIC REGULATIONS
Through Highways -
Schedule "XIX"
5.1
The highways between the limits set out in columns 1 and 2
of Schedule "XIX" of this by-law, are, except as provided in
Subsection 5.1.1 hereby designated as through highways;
5.1.1
The designation in Subsection 5.1 of a highway or part of a
highway as a through highway shall not include any
intersection thereon where the highway intersected at a
King's Highway or Regional Road, where traffic signals are
installed or where the roadway passes over land owned by the
Crown or the Region.
5.1.2
Heavy traffic means the use of a highway by a vehicle, object
or contrivance for moving loads, having a gross weight,
including the vehicle, object or contrivance and load, in
23
excess of a minimum of 5 tonnes except for servicing the
premises.
5.2
Stop Signs at Intersections -
Schedule "XX"
The City of Welland shall erect stop signs on the highways,
at the intersections set out in columns 1 and 2 of Schedule
"XX" of this by-law, facing traffic proceeding in the
direction set out in column 3 of the said schedule.
5.3
Yield Signs at Intersections -
Schedule "XXI"
The City of Welland shall erect yield signs on the highways,
at the intersections set out in columns 1 and 2 of Schedule
"XXI" of this by-law, facing traffic proceeding in the
direction set out in column 3 of the said schedule.
5.4
Prohibited Turns -
Schedule "XXII"
When official signs are on display, no vehicle on the
highways, at the intersections or locations set out in columns
1 and 2 of Schedule "XXII" of this by-law, and proceeding in
the direction set out in column 3 of the said schedule, shall be
turned in the manner or the direction, during the times and
days set out in columns 4 and 5 of the said schedule.
5.5
U-Turns
Schedule "XXIII"
When official signs to that effect are displayed, no person
operating a vehicle shall make a u-turn on any highway or
portion of a highway set out in Column 1 of Schedule
"XXIII" of this by-law between the limits set out in Column
2 of the said schedule.
5.6
One Way Highways -
Schedule "XXIV"
When official signs are on display, the highways between the
limits set out in columns 1 and 2 of Schedule "XXIV" of this
by-law, are hereby designated as one-way roadways for the
passage of vehicles only in the direction set out in column 3
of the said schedule.
5.7
Traffic Circles
No person shall drive any animal or vehicle otherwise than in
a counterclockwise direction in any traffic circle or turning
circle of a cul-de-sac.
5.8
Designated Lanes -
Schedule "XXV"
When official signs are on display, the portion of a highway
between the limits set out in columns 1 and 2 of Schedule
"XXV" of this by-law, in the lane during the times set out in
columns 3 and 4 of the said schedule, shall be designated for
the traffic movement set out in column 5 of the said schedule.
5.8.1
The City of Welland shall divide the roadways between the
limits set out in columns 1 and 2 of Schedule "XXV", into
clearly marked lanes for traffic movements in the particular
direction set out in column 5 of the said schedule.
5.9
Speed Limits on Bridges
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Schedule "XXVI"
When any such structure on a highway set out in columns
1and 2 of Schedule "XXVI" of this by-law, is marked in
compliance with the regulations under the Highway Traffic
Act, the maximum rate of speed on such structure shall be the
rate of speed set out in column 3 of the said schedule.
5.10
Speed Limits on Highways
Schedule "XXVII"
Subject to Subsection 5.9, when any highway or part of a
highway between the limits set out in columns 1 and 2 of
Schedule "XXVII" of this by-law is marked in compliance
with the regulations under the Highway Traffic Act, the
maximum rate of speed on such highway or part of highway
shall be the rate of speed set out in column 3 of the said
schedule;
5.10.1
Reduced Speed Limits - Designated Construction Zones
Under Bill 169 of the Transportation Statue Law Amendment
Act, the City Engineer or official designate have the authority
to lower the speed limit in a designated construction zone, as
deemed appropriate. The reduced speed limit becomes
effective once the required signs are posted as per Regulation
615 of the Highway Traffic Act.
5.11
Speed Limits in School Zones
Subject to Subsection 5.9 and 5.10, when official signs and
the flashing amber beacons are on display in compliance
with the H.T.A. the maximum rate of speed in kilometers per
hour as set out in Column 4 of Schedule XXVII shall only be
in effect when said lights are flashing on the highway or part
of a highway between the limits set out in columns 1, 2 and
3.
5.11.1
Subject to Subsection 5.11 and where required on any school
day to accommodate variations from normal school hours or
a school emergency, the flashing amber beacons may be
actuated and the speed limit reduced for any period, between
8:00 a.m. and 5:00 p.m., and not provided under Subsection
5.11.
5.12
Reduced Load on Highways (5 tonnes per axle)
During March and April -
Schedule "XXIX"
When official signs are on display, the reduced load
restriction provisions of the Highway Traffic Act are declared
to be in force with respect to the highways and between the
limits set out in Columns 1 and 2 of Schedule "XXIX" of this
by-law, during the period from the 1st day of March to the
30th day of April inclusive in each and every year.
5.13
Reduced Load on Highways (5 tonnes per axle)
During Entire Year
Schedule "XXX"
When official signs are on display, the reduced load
restriction provisions of the Highway Traffic Act are declared
to be in force with respect to the highways and between the
limits set out respectively in columns 1 and 2 of Schedule
"XXX" of this by-law, during the period from the 1st day of
January to the 31st of December inclusive in each year and
every year.
5.14
Heavy Vehicle Prohibited - On Highways
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Schedule "XXXI"
When official signs are on display, no person shall drive or
operate Heavy Vehicles on the highway or part of a highway
between the limits set out in Columns 1 and 2 of Schedule
"XXXI" of this By-law, during the times and days set out in
Column 3 of the said schedule.
5.15
Traffic Signal Design Approval
The City Engineer or official designate have the authority to
approve traffic signal designs for installations on roadways
under the jurisdiction of the City of Welland as per
Subsection 144 (31) and Regulation 626 of the Highway
Traffic Act.
5.16
Road Closure Approval
The City Engineer or official designate has the authority to
temporarily close a highway for a period of up to three (3)
days subject to the requirements of Part VIII, Section 8.1
Road Occupancy Permits, on highways under the jurisdiction
of the City of Welland as per the Ontario Municipal Act,
2001, S.O. 2001, Chapter 25.
5.17
Community Safety Zones
Schedule "XXXIX"
The highway portions of highways set out in column 1 of
XXXIX of this by-law, between the limits set out in columns
2 and 3 of the said schedule, during the times and days set out
in column 4 of the said schedule, are designated as
Community Safety Zones;
5.17.1
Every person who is convicted of an offence pursuant to the
Highway Traffic Act is subject to an increased fine as
provided by the Act.
5.18
Heavy Vehicle Prohibited - On Bridges
Schedule "XL"
When official signs are on display, no person shall drive or
operate heavy vehicles on the bridge or part of the bridge set
out in column 1, which exceeds the weight limits set out in
columns 2, 3 and 4 of Schedule "XL" of this By-law.
PART VI
TRAFFIC REGULATIONS -
DRIVING AND RELATED RULES
6.1
The driver or operator of a vehicle emerging from a
driveway, laneway, building or lot onto a highway shall bring
the vehicle to a full stop immediately before driving onto a
sidewalk, and upon proceeding shall yield the right-of-way to
pedestrians upon the sidewalk.
6.2
Barricaded Highways
No person shall drive operate or park a vehicle, or permit a
vehicle to remain parked on any part of any highway
barricaded and marked by signs showing that its use is
prohibited or restricted.
6.3
Vehicles Crossing Sidewalks, Boulevards and Curbs
No person shall drive a bicycle or vehicle upon a sidewalk
except for the purpose of crossing the sidewalk, or any motor
vehicle over a raised curb, wheelchair ramp at a crosswalk or
sidewalk except at a place where there is a driveway ramp,
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mountable curb or depressed curb intended for vehicular
access.
6.3.1
No person shall drive any motor vehicle on any boulevard
except for the purpose of directly crossing the boulevard at a
driveway or other designated vehicular crossing.
6.4
Boarding or Alighting from Moving Vehicle
No person shall board or alight from any vehicle while such
vehicle is in motion.
6.5
Designated Bicycle Lanes
Where signs to that effect are displayed on highways set out
in Column 1 of Schedule II of this by-law having been
divided into clearly marked lanes for bicycle traffic within
the limits set out in Column 2, the lane identified in Column
3 is herby designated only for bicycles in the direction(s)
indicated in Column 4.
6.5.1
Where a lane of the highway has been designated for the use
of bicycles only, no person shall:
(a)
drive a vehicle other than a bicycle, public transit,
police, fire, emergency medical service vehicle or
maintenance vehicle while engaged in maintenance
activities; or
(b)
park or stop a vehicle other than a public transit,
police, fire, emergency medical service vehicle or
maintenance vehicle while engaged in maintenance
activities.
PART VII
TRAFFIC REGULATIONS
PEDESTRIAN CONDUCT
7.1
Pedestrian Barriers
No pedestrians shall proceed over or under a pedestrian
barrier, or within a barricaded area, installed on a sidewalk or
at any other location within a highway.
7.2
Playing on Roadway Prohibited
No person shall play or take part in any game of sport upon a
roadway.
7.2.1
No person upon roller skates, or riding in or by means of any
coaster or similar device shall go upon a roadway except for
the purpose of crossing the roadway, and when so crossing
such person shall have the rights and be subject to the
obligations of a pedestrian.
7.3
Pedestrian Crossing Prohibited -
Schedule "XXXII"
Where official signs are on display, no pedestrian on the
highways at the locations set out in columns 1 and 2 of
Schedule "XXXII" of this by-law shall enter onto or cross the
roadway approach set out in column 3 of the said by-law.
7.4
Pedestrian Crossovers -
Schedule "XXXIII"
When official signs are on display in compliance with the
Highway Traffic Act, the highways at locations set out in
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Column 1 and 2 of Schedule "XXXIII" of this by-law are
thereby designated as pedestrian crossovers.
PART VIII
CITY PERMITS
8.1
Occupancy of Highway
(a) No person shall conduct a social event which is likely to
require the temporary closing, obstruction or encumbering
of part or all of such highway unless and until a city
permit has been obtained for such purpose from the City
of Welland, until signs, barricades and other safety
measures have been provided, and, if necessary, until
alternative traffic routes have been established in
accordance with the provisions of Section 8.1.1.
(b) No person shall commence construction, place materials
or complete any work over, on, under or adjacent to any
city highway which is likely to require the temporary
closing, obstruction or encumbering of part or all of such
highway unless and until a city permit has been obtained
for such purpose from the City of Welland, until signs,
barricades and other safety measures have been provided,
and, if necessary, until alternative traffic routes have been
established in accordance with the provisions of Section
8.1.1.
8.1.1
All applications for a city permit required under Sections 8.1
shall be made on the forms provided by the City of Welland
and shall be accompanied by such other supportive materials
as may be required by the City of Welland, and by a non-
refundable administration fee as set out in Schedule "XVIII"
to this By-law;
8.1.1.2
The applicant shall notify the Niagara Regional Police
outlining the specifics of any social event;
8.1.1.3
The applicant shall be responsible for appropriate levels of
traffic control in consultation with Niagara Regional Police
and the City of Welland Traffic and Parking Operations
Division;
8.1.1.4
The applicant shall obtain approval of the Regional
Municipality of Niagara for the use of any Regional Roads
within the route;
8.1.1.5
The applicant shall provide certified proof of liability
insurance coverage ranging from $1 Million to $7 Million.
Such coverage shall name the Corporation of the City of
Welland as an additional insured and hold the City of
Welland harmless from any liability arising out of the use of
City roads. The minimum limit of coverage shall be
determined as follows:
i)
$1 Million - Processions Using Sidewalks
Only;
ii)
$2 Million - Major Parades, Dances, Street
Festivities, Athletic Races, Marches,
Walkathons, Filming and Sidewalk Sales;
iii)
$5 Million - Construction or placement of
materials upon a highway.
8.1.1.6
Higher, lower limits or exemption of liability as outlined in
section 8.1.1.5, may be established by Council when deemed
necessary.
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8.1.1.7
Proof of Liability of Insurance shall be presented to the City
Clerk at least 5 days prior to the date of the event to validate
any conditional approval of Council.
8.1.1.8
Any activity where liquor is intended to be served, and
provided the appropriate approvals are secured, will require
additional proof of liability insurance for liquor related
activities.
8.1.2
If the event/construction/placement of material to be
undertaken necessitates a temporary highway closure, the
applicant for the city permit shall take such steps as are
reasonable and necessary to advice and accommodate all
persons who will be affected by the temporary closure of the
highway.
8.1.3
If the event/construction/placement of material to be
undertaken does not necessitate a temporary highway closure,
an application to the City of Welland for a city permit
required under this section shall be made at least fifteen (15)
working days before the date of the
event/construction/placement of material. If the
event/construction/placement of material to be undertaken
necessitates a temporary highway closure, an application to
the City of Welland for a city permit required under this
section shall be made at least thirty (30) working days before
the date of the event/construction/placement of material.
8.1.4
When a city permit has been issued, the permit holder shall,
during the course of the event/construction/placement of
material:
8.1.4.1
maintain a reasonable safe alternate route for vehicular and
pedestrian traffic;
8.1.4.2
provide and maintain reasonable local access routes for all
property owners or occupants whose access will be affected
by the proposed event/construction/placement of material;
8.1.4.3
erect and maintain all barricades, signs, covers, lights,
flagmen and other safety warning devices that may be
provided by the City of Welland, as per comments supplied
by the City of Welland to protect the vehicular and pedestrian
traffic;
8.1.5
Where a permit holder fails to comply with any of the
provisions of this Section 8.1 and the City of Welland elects
to perform the works necessary to effect compliance with this
Section 8.1, or if any city permit is revoked pursuant to
Section 8.1.17 then in either situation all costs and expenses
incurred thereby shall be borne by the permit holder.
8.1.6
No permit holder shall remove, relocate, conceal from view
or interfere with any traffic signs, safety barricades, guide
rails, post and wire delineation in the course of carrying out
the event/construction/placement of material. If a permit
holder requires temporary removal or relocation of any of the
above, he shall request the City of Welland to carry out such
work and all costs thereby incurred shall be borne by the
permit holder.
8.1.7
All event/construction/placement of material under a city
permit issued under this section shall be carried out in a
manner which is satisfactory to the City of Welland.
8.1.8
When a hazardous condition arises during the course of the
event/construction/placement of material undertaken by a
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permit holder, the permit holder shall immediately notify the
City of Welland and any affected utility company of the
condition.
8.1.9
When a hazardous condition arises during the course for the
event/construction/placement of material undertaken by the
permit holder, the City of Welland may order the road closed,
the event halted or other appropriate remedial action to be
taken.
8.1.10
Upon completion of the event/construction/placement of
material, the permit holder shall restore the highway affected
by the event to the condition acceptable to the City of
Welland.
8.1.11
Notwithstanding the provision of Section 8.1.10, the
restoration of the highway may be carried out by the city and
the permit holder shall reimburse they city for the costs of the
restoration.
8.1.12
The permit holder shall be responsible for all damages to all
existing services when such damages arise out of the
event/construction/placement of material undertaken by the
permit holder.
8.1.13
Every person who uses a highway or portion of a highway
which has been closed to traffic under this section does so at
his own risk and the municipality is not liable for any
damages sustained by reason of the person using the highway
or portion thereof so closed to traffic.
8.1.14
The City of Welland may stop any
event/construction/placement of material being performed on
or under any highway without a city permit issued under
Section 8.1.
8.1.15
No person shall without lawful authority use a highway or
portion thereof closed to traffic and protected pursuant to
Section 8.1.
8.1.16
No person shall remove or deface any barricade, device,
detour sign or notice placed on any highway or portion
thereof under Section 8.1.
8.1.17
The City Engineer or official designate may revoke any road
occupancy permit at any time and all costs and expenses
incurred thereby shall be borne by the permit holder.
8.2
On-Street Parking Permits (Signed Locations)
No person shall park a vehicle in designated area upon any of
the highways or parts of the highways set out under Schedule
"XXXIV" without the appropriate Parking Permit as outlined
in Section 8.2.
8.2.1
All applications for a Parking Permit required under Section
8.2 shall be made on forms provided by the City Engineer or
official designate and shall be accompanied by such other
supportive materials as may be required by the City Engineer
or official designate, and by a non-refundable administration
fee as set out in Schedule "XVIII" to this by-law.
8.2.2
The parking permit shall be specifically validated for vehicles
which are registered to the persons who own or reside at the
property for which the permit is issued and will not be valid
for any other vehicle.
8.2.3
A permit shall be valid for a period of one year from the date
of issue.
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8.2.4
Where a property is located on the highways listed in
Schedule "XXXIV" of this by-law, the owner, occupant or
tenant of the property who resides at that address and is the
registered owner of the vehicle registered at that address may
obtain one parking permit for said vehicle. A separate permit
is required for each vehicle registered at the designated
address.
8.2.5
While a vehicle is parked pursuant to a Parking Permit issued
hereunder, the Parking Permit shall be on or affixed to the
vehicle on the rearview mirror or on the drivers side
dashboard.
8.2.6
All other provisions which apply to the highways contained
in the by-law and regulations dealing with maximum parking
periods, as well as other emergency parking by-law shall still
apply.
8.2.7
The City Engineer or official designate may revoke any
Parking Permit issued hereunder at any time.
8.2.8
Notwithstanding Section 8.2.5, persons parking on-street
where digital on-street parking permits are available, may
obtain a digital permit in lieu of displaying a valid permit in
the vehicle. Where a digital on-street parking permit,
approved by the City is obtained, the digital on-street parking
permit is only valid for the vehicle identified by the licence
plate provided. Only one (1) licence plate can be valid at one
time.
8.3
Snow Clearing Exemption Permit
No person shall park a vehicle upon any highways without
the appropriate snow clearing exemption;
8.3.1
All applications for a snow clearing exemption permit shall
be made on forms provided by the City Engineer or official
designate and shall be accompanied by such other supportive
materials as may be required by the City Engineer or official
designate and by non-refundable fees as set out in Schedule
"XVIII" to this by-law;
8.3.2
The snow clearing exemption permit shall be specifically
validated for the vehicle which is registered to the person(s)
who own or reside at the property for which the exemption is
being requested and will not be valid for any other vehicle;
8.3.3
The snow clearing exemption permit shall be utilized only on
the highway identified and approved by the City Engineer or
official designate on the submitted and approved application;
8.3.4
A permit shall be valid for a period of one year from the date
of issue;
8.3.5
While a vehicle is parked pursuant to this section, the issued
snow clearing exemption permit shall be on or affixed to the
vehicle on the rearview mirror or drivers side dashboard;
8.3.6
All other provisions which apply to parking on highways
contained in the bylaw shall still apply;
8.3.7
The City Engineer or official designate may revoke any
permit issued at any time;
8.3.8
The City Engineer or official designate is not required to
approve permit applications.
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8.3.9
Notwithstanding Section 8.3.5, persons parking on-street
where digital snow clearing exemption permits are available,
may obtain a digital snow clearing exemption permit in lieu
of displaying a valid parking permit in the vehicle. Where a
digital snow clearing exemption permit, approved by the City
is obtained, the digital permit is only valid for the vehicle
identified by the licence plate provided. Only one (1) licence
plate can be valid at one time.
PART IX
ERECTION OF SIGNS
9.1
Authorization
The City Engineer or designate, are hereby authorized to
apply, erect and maintain such traffic control devices and
other structure, plant and equipment as required to give effect
to this by-law.
9.2
Conflicting Private Signs
Subject to the provisions of other by-laws controlling signs,
no unauthorized person shall place, maintain or display upon
any sign, signal, marking, or device visible from any highway
which:
9.2.1
Conceals a traffic control device or parking meter from view;
9.2.2
Interferes with the effectiveness of a traffic control device or
parking meter; or
9.2.3
Purports to be, is an imitation of, or resembles any official
sign or any regulatory or traffic control device.
9.3
Damage to Traffic Control Devices
No person shall move, deface, damage, remove, or in any
manner interfere with any traffic control device placed
erected or maintained by the Regional Municipality of
Niagara or City of Welland.
9.3.1
No person shall drive any vehicle on or over any pavement
marking, line or strip on the roadway where markers are in
place, or signs are on display to indicate that the marking
material has been freshly applied, nor shall any person drive
any vehicle into or over any such marker so placed, or move
or remove such marker unless authorized to do so.
PART X
OFFENCES AND PENALTIES
10.1
Any offence created by this By-law is not subject to the
penalty provisions of the Provincial Offences Act.
10.2
Any contravention of the offences set out herein, shall be
subject to the provisions set out in the Administrative Penalty
By-law 2014-64, as amended or the Administrative Penalty
By-law for Non-parking Related Offences By-law 2019-134,
as amended.
10.3
Every person who contravenes any provision of this by-law is
guilty of an offence and shall be subject to the provisions set
out in the Administrative Penalty By-law 2014-64, as
amended or the Administrative Penalty By-law for Non-
parking Related Offences By-law 2019-134, as amended.
10.4
Every offence under this By-law is designated as a
continuing offence.
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10.5
An Officer who finds that a Person has contravened a
provision of this By-law may issue a penalty notice pursuant
to the Administrative Penalty By-law 2014-64, as amended or
the Administrative Penalty By-law for Non-parking Related
Offences By-law 2019-134, as amended.
10.6
Every person who contravenes any provision of this by-law
shall, upon issuance of a penalty notice in accordance with
the Administrative Penalty By-law 2014-64, as amended or
the Administrative Penalty By-law for Non-parking Related
Offences By-law 2019-134, as amended, be liable to pay to
the City an administrative penalty in accordance with the
penalties set out in Schedule "XXXV" and Schedule
"XXXVI"
10.7
Exemptions - Municipal Vehicles
The provisions of Parts III and IV of this by-law do not apply
to:
10.7.1
Vehicles operated by or on behalf of the Regional
Municipality of Niagara and any area municipality or any
municipal utility while engaged in the performance of
cleaning, clearing, maintenance, repair, construction or other
work on any highway;
10.7.2
Vehicles operated by or on behalf of the Regional
Municipality of Niagara and any area municipality while
attending official meetings, provided appropriate
identification is displayed in the front window of the driver's
side dashboard;
10.7.3
An authorized emergency vehicle while engaged in the
performance of its duties.
10.8
Parking Restriction Exemptions
Funeral Corteges
If the Chief of Police/City Engineer or official designate is of
the opinion or deems it desirable, he may declare that the
Provision of Part III of this by-law do not apply for a
temporary period to prevent the parking of vehicles forming
part of any funeral cortege, provided that all such vehicles are
parked on only one side of the highway at one time.
10.9
Heavy Vehicle Exemptions
Notwithstanding the provision of section 5.14, Heavy Trucks
making deliveries or providing a service on roadways listed
under Schedule "XXXI" and Heavy Vehicles accessing local
businesses are exempt from the prohibition.
PART XI
APPLICATION, ADMINISTRATION AND ENFORCEMENT
11.1
Enforcement & Application of By-law
This by-law shall be enforced by the Police Force, an officer
appointed for the enforcing or carrying out of the provisions
of this by-law and this by-law shall apply to all highways and
parts of highways under the jurisdiction of the City of
Welland.
11.2
Removal of Vehicles
An Officer, upon discovery of any vehicle parked or standing
in contravention of this by-law, of any vehicle apparently
33
abandoned or of any vehicle without proper number plates
on a highway, may cause such vehicle 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, if any, are a
lien upon such vehicle, which may be enforced in the same
manner provided in the Repair and Storage Liens Act.
11.3
Right of Access
An Officer designated to perform inspections pursuant to this
by-law may at all reasonable times, enter upon any land for
the purpose of carrying out an inspection to determine
whether or not this By-law is being contravened.
11.4
By-Law Subject to the Highway Traffic Act
The provisions of this By-law are subject to the provisions of
the Highway Traffic Act.
11.5
Schedules Adopted
The schedules referred to in this by-law shall form part of this
by-law, and each entry in a column of such a schedule shall
read in conjunction with the entry or entries across there from
and not otherwise.
11.6
Former By-Laws Repealed
All of the by-laws set forth in Schedule "XXXVII" shall be
and are hereto repealed.
11.7
Effective Date
(Local Only)
The provisions of this by-law shall come into force and take
effect upon the date of approval of the set fines set out in
Schedules "XXXV" and "XXXVI" by the Chief Justice of
Ontario.
11.8
Repeal
By-law Number 89-2000 passed on August 13th, 2002, and
all subsequent amending by-laws, shall be and the same are
hereby repealed.
READ A FIRST, SECOND AND THIRD TIME, AND PASSED
BY COUNCIL THIS 2nd DAY OF November, 2004.
"Damian Goulbourne" MAYOR
"Craig A. Stirtzinger" CLERK
i Approved By Council December 06