This is the exact embedded text of the captured official document.
Snapshot e4af4a71a7b6 · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
Township of West Lincoln
Page 1
THE CORPORATION OF THE TOWNSHIP OF WEST LINCOLN
By-law No. 97-2020
A BY-LAW TO REGULATE ACCESSIBLE PARKING IN
THE TOWNSHIP OF WEST LINCOLN
(Consolidated As Amended by By-laws 2017-23, 2023-55 and
2023-70)
WHEREAS sections 9 and 11 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
authorizes municipalities to enact by-laws regulating parking;
AND WHEREAS section 102 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended confers
upon municipalities the power to pass by-laws for requiring the owners and operators of parking
lots or other parking facilities to which the public has access, to provide designated parking spaces
for the sole use of vehicles displaying an accessible parking permit issued and displayed in
accordance with the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended and the regulations
made under it, and for prescribing the conditions of use for such permit and for prohibiting the
improper use of the permit;
AND WHEREAS section 427 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides
that a by-law establishing a system of accessible parking shall provide that any person who
contravenes the by-law is guilty of an offence and on conviction is liable to a fine of not less than
$300.00;
AND WHEREAS the Council of The Corporation of the Township of West Lincoln considers it
desirable to amend By-law 97-2020 to capture the intent and spirit of the Accessibility for
Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11, as amended;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF WEST
LINCOLN ENACTS AS FOLLOWS:
SECTION 1
GENERAL PROVISIONS
1.1
SHORT TITLE
1.1.1
This by-law shall be known as the "Accessible Parking By-law".
1.2
DEFINITIONS
1.2.1
For the purpose of this by-law:
(1)
"Accessible Parking Space" shall mean a parking space designated by
authorized signs for the exclusive use of a vehicle displaying a permit in
accordance with the requirements of the Highway Traffic Act, R.S.O. 1990, c.
H.8, as amended, and the regulations made thereunder, and this by-law";
(amended by By-law 2023-70)
(2)
"Officer" means any police officer, a municipal law enforcement officer,
provincial offences officer, an officer appointed for carrying out the provisions
of the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended or any other
person authorized by The Corporation of the Township of West Lincoln to
enforce parking by-laws;
(3)
"permit" means:
(a)
a current and valid disabled person parking permit issued by the Ministry
of Transportation under the provisions of the Highway Traffic Act, R.S.O.
1990, c. H.8, as amended; or
(b)
a current and valid permit, number plate or other marking or device
bearing the international symbol of access for the disabled which has
been issued by a legally recognized jurisdiction outside of Ontario.
(4)
"person with a disability" means an individual that meets the requirements of
such as set out in the regulations made under the Highway Traffic Act, R.S.O.
1990, c. H.8, as amended;
Accessible Parking By-law
By-law 97-2020
Township of West Lincoln
Page 2
(5)
"public parking area" 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, whether their use involves the
payment of a fee or otherwise but does not include parking areas in lands used
for residential purposes;
(6)
"unauthorized vehicle" means a vehicle that is not displaying a permit in
accordance with the provisions of the Highway Traffic Act, R.S.O. 1990, c. H.8,
as amended and the regulations made thereunder or is displaying a permit but
is not being used to pick up or transport the holder of the disabled parking
permit or in the case of a corporation to which a permit has been issued is not
being used to transport a person with a disability;
1.3
INTERPRETATION
1.3.1
Words or terms not defined in this by-law shall have the meaning ascribed to them in
the Highway Traffic Act, R.S.O. 1990, c. H.8.
SECTION 2
ACCESSIBLE PARKING SPACES
2.1
PROVISION
2.1.1
Every owner or operator of a public parking area shall provide accessible parking
spaces in conformity with the provisions of this By-law for the use of vehicles with
permits.
2.1.2
The minimum number of accessible parking spaces which must be provided shall be
calculated in accordance with The Corporation of the Township of West Lincoln's
Zoning By-law, as amended.
2.1.3
Article 2.1.2 does not apply to the owner or operator of a public parking area, where
the public parking area is already in compliance with the requirements of the Township
of West Lincoln's Zoning By-law, or is otherwise in compliance with the requirements
of the Planning Act, R.S.O. 1990, c.P.13, as amended.
2.1.4
Every owner or operator of a public parking area may voluntarily provide a number of
accessible parking spaces above and beyond the requirements of this By-law if they
so wish.
2.2
DESIGN STANDARDS
2.2.1
Each and every accessible parking space shall:
(1)
be distinctly indicated by a sign which is in a form and content as prescribed
by the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended and the
regulations made thereunder as illustrated in Schedule 'A' to this By-law;
(2)
have a sign prescribed in Sentence 2.2.1(1) of this By-law mounted at a height:
(a)
not less than 1.5 metres [ 59 inches ] from ground level to the center line
of the sign; and
(b)
not more than 2.5 metres [ 98.5 inches ] from ground level to the center
line of the sign
(3)
have the sign prescribed in Sentence 2.2.1(1) of this By-law installed in a
permanent manner at the center of the accessible parking space;
(4)
be of a size not less than:
(a) 4.9 metres [16.08 feet] in perpendicular width; and
(b) 8 metres [19.03 feet] in length, (amended by By-law 2023-55)
(5)
be comprised of a stable surface, such as asphalt, concrete or other hard
surfaced material;
Accessible Parking By-law
By-law 97-2020
Township of West Lincoln
Page 3
(6)
be located so as to be readily accessible to a person with a disability, whether
via ramps, depressed curbs or other means and where the public parking area
is intended to serve a particular building or complex, located within easy
access to said building or complex; and
(7)
be placed with sufficient clearance around the vehicle in terms of other
vehicles, or obstacles such as light standards and waste receptacles.
2.2.2
Sentence 2.2.1(4) of this By-law shall not apply to an owner or operator of a public
parking area if compliance with the sentence will cause the public parking area to be
in non-compliance with the provisions of the Planning Act, R.S.O. 1990, c.P.13, as
amended.
2.3
MAINTENANCE
2.3.1
Each and every accessible parking space shall be:
(1)
drained so as to control the ponding of surface water and to prevent the flow
of surface water to adjacent lands;
(2)
kept free and clear from obstructions;
(3)
kept free and clear of snow, ice and slush; and
(4)
maintained to the same or higher standards as all other parking spaces in the
public parking area.
2.4
SIGNAGE
2.4.1
Signage required in accordance with the requirements of Article 2.2.1 of this By-law
shall be installed in an upright position on a permanent post, pillar, wall or other
suitable surface, conforming to the requirements or regulations made under the
Highway Traffic Act, R.S.O. 1990, c. H.8, as amended.
2.4.2
Every owner or operator of a public parking area in which signs are placed in
accordance with the requirements of Article 2.2.1 of this By-law, shall be responsible
for the procurement, installation and maintenance of said signs and for ensuring that
these signs comply with the regulations made under the Highway Traffic Act, R.S.O.
1990, c. H.8, as amended and all other provisions made under this By-law.
2.5
FEES
2.5.1
No fee shall be charged for the use of an accessible parking space in excess of that
fee charged to other members of the general public in request of the abutting non-
designated parking spaces.
SECTION 3
ENFORCEMENT
3.1
PROHIBITIONS
3.1.1
No person shall park, stop, stand or otherwise leave an unauthorized vehicle in an
accessible parking space.
3.1.2
Notwithstanding the provisions of Article, 2.1.3, No owner or operator of a public
parking area shall fail to provide the required number of accessible parking spaces
pursuant to Article 2.1.2 of this By-law.
3.1.3
No owner or operator of a public parking area shall fail to provide an accessible
parking space that does not comply with the requirements of Subsection 2.2 of this
By-law.
3.1.4
No owner or operator of a public parking area shall fail to maintain an accessible
parking space pursuant to Subsection 2.3 of this By-law.
3.1.5
No owner or operator of a public parking area shall fail to provide signage pursuant to
Subsection 2.4 of this By-law.
Accessible Parking By-law
By-law 97-2020
Township of West Lincoln
Page 4
3.2
ENFORCEMENT
3.2.1
An Officer, is hereby vested with the authority of administering and enforcing the
provisions of this by-law.
3.2.2
An Officer may, at any reasonable time, enter on land for the purpose of carrying out
an inspection to determine compliance with this by-law.
3.3
PENALTIES
3.3.1
Any person who contravenes any of the provisions of this by-law is guilty of an offence
and upon conviction, is liable to the provided for the Provincial Offences Act, R.S.O.
1990, c.P-33, as amended.
3.3.2
Article 3.3.3 and Schedule 'B' and the parts of this By-law to which that Schedule
relates are designated as parts of this By-law to which the Township's system
established by the Township's Administrative Penalty By-law applies.
3.3.3
Each person who permits a vehicle to be parked, stopped or standing contrary to a
part of this By-law that is designated pursuant to Article 3.3.1 and each owner of that
vehicle are, when given a penalty notice in accordance with the Township's
Administrative Penalty By-law, liable to pay the Township an administrative penalty in
the amount specified in Schedule 'B' to this By-law for each day or part of a day on
which the contravention continues.
3.3.4
The owner of a vehicle may be charged with and convicted of an offence under this
by-law for which the driver of the vehicle is subject to be charged unless, at the time
of the offence, the vehicle was in the possession of some person other than the owner
without the owner's consent.
3.3.3
Short form wording and set fines pertaining to this by-law shall be as set out in
Schedule 'B' of this by-law.
3.4
TOWING
3.4.1
An Officer, upon discovery of an unauthorized vehicle in an accessible parking space,
may cause the unauthorized vehicle to be moved or taken to and placed or stored in
a suitable location at the vehicle owner's expense.
3.4.2
All costs and charges for the removal, care and storage thereof, if any, resulting from
the actions taken through the provisions of article 3.3.1, shall be a lien upon the
vehicle that may be enforced in accordance with the Repair and Storage Liens Act,
R.S.O 1990, c. R.25, as amended.
3.4.3
No person other than an Officer shall move or cause an unauthorized vehicle to be
moved to another location.
SECTION 4
ADMINISTRATION
4.1
SEVERABILITY
4.1.1
In the event that any provision of this by-law is declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the remaining
provisions of the by-law.
4.2
SCHEDULES
4.2.1
The schedules attached to this by-law, are included in and shall be considered part of
this by-law."
2.
By-law 97-2020, as amended, is hereby further amended by deleting all schedules
and replacing with a new Schedule 'A' - "Required Signage" and Schedule 'B' - Short
Form Wording - "Administrative Penalties" as attached as Schedules 'A' and 'B'.
3.
In the event that any provision of this by-law is declared by a court of competent
jurisdiction to be invalid, the same shall not affect the validity of the remaining
provisions of the by-law.
Accessible Parking By-law
By-law 97-2020
Township of West Lincoln
Page 5
4.
This by-law shall come into force and effect March 1st, 2017.
Read a first, second and third
time and finally passes this 27th
Day of February 2017.
CONSOLIDATED VERSION - ORIGINAL SIGNED
__________________________
DOUGLAS JOYNER, MAYOR
CONSOLIDATED VERSION - ORIGINAL SIGNED
___________________________
CAROLYN LANGLEY, CLERK
By-law 97-2020
Schedule 'A'
Township of West Lincoln
Page 6
Schedule 'A'
Accessible Parking By-law
By-Law 97 - 2020
REQUIRED SIGNAGE
By-law 97-2020
Schedule 'B'
Township of West Lincoln
Page 7
Schedule 'B'
Accessible Parking By-law
By-Law 97 - 2020
SHORT FORM WORDING AND SET FINES
No.
OFFENCE
BY-LAW 97-2020
REFERENCE
SET FINE
1
Unauthorized Vehicle in
Accessible Parking
3.1.1
$300.00