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Chapter 500
June 2, 1994
Highway - Street
Chapter 0500 Parking - Driving On Boulevards
Chapter Index
Article 1 - Short Title
500.1.1
Citation
Article 2 - Interpretation
500.2.1
Boulevard - defined
500.2.2
Intersection - defined
500.2.3
Street - highway - defined
500.2.4
Vehicle - defined
Article 3 - Parking - Prohibitions
500.3.1
Boulevards - residential - commercial - industrial
500.3.2
Exception - no garage - on residential property
500.3.3
Exception - parking area - impractical
500.3.4
Exception - parking agreement - City - lease
500.3.5
Exception - parking - previously permitted
500.3.6
Exception - parking - lease - application - previous
Article 4 - General Provisions
500.4.1
Commercial - industrial - zone - surface - requirements
500.4.2
Sidewalks - distance from - marking - requirements
500.4.3
Intersection - minimum distance from
500.4.4
Driving - on boulevards - prohibited - exception
Article 5 - Enforcement
500.5.1
Fine - for contravention
Article 6 - Repeal - Enactment
500.6.1
By-law - previous
500.6.2
Effective date
Schedule
Schedule `A' - Agreement - Boulevard Parking
Article 1 - Short Title
500.1.1
Citation
This Chapter shall be known as the "Boulevard Parking By-law".
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June 2, 1994
Article 2 - Interpretation
500.2.1
Boulevard - defined
"boulevard" means that area on a street which has a curb, between the
curb and the property line and on a street which has no curb but has a
sidewalk, the grassed area on either side of the sidewalk up to the property
line and on all other streets, the grassed area between the edge of the
roadway and the property.
500.2.2
Intersection - defined
"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 or more roadways which join one another at an angle, whether
or not one crosses the other.
500.2.3
Street - highway - defined
"street or highway" includes a common and public highway, street, avenue,
roadway, parkway, lane, alley, driveway, square, place, bridge, viaduct or
trestle, designed and intended for or used by, the general public for the
passage of vehicles.
500.2.4
Vehicle - defined
"vehicle" means a motor vehicle, trailer, traction engine, farm tractor,
road-building machine and any vehicle drawn, propelled or driven by any
kind of power, but not including the cars of electric or steam railways
running only upon rails.
Article 3 - Parking - Prohibitions
500.3.1
Boulevards - residential - commercial - industrial
Subject to Sections 500.3.2 through 500.3.4 inclusive, no vehicle shall be
parked on a boulevard within the City of Woodstock in any area zoned for
residential uses or on any boulevard abutting a residential dwelling in a
commercial or industrial zone.
500.3.2
Exception - no garage - on residential property
Section 500.3.1 shall not apply where no garage exists on the residential
property adjoining such boulevard.
500.3.3
Exception - parking area - impractical
Section 500.3.1 shall not apply where there is less than 2.5 metres
between the dwelling on the adjoining property and its side and/or rear lot
yard or the grades on such adjoining property make the construction of a
driveway or parking area impractical.
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Chapter 500
June 2, 1994
500.3.4
Exception - parking agreement - City - lease
Section 500.3.1 shall not apply where the owner or occupant of the
adjoining property has entered into an agreement with the City of
Woodstock to lease parking space on the boulevard.
500.3.5
Exception - parking - previously permitted
Section 500.3.1 shall not apply before January 1, 1990, to any boulevard
or portion of a boulevard used for parking purposes on the date of passing
of this Chapter.
500.3.6
Exception - parking - lease - application - previous
Section 500.3.1 shall not apply before January 1, 1995, to any boulevard
or portion of a boulevard used for parking purposes on the date of passing
of this Chapter for which the owner or occupant of the adjoining property
using such parking area has applied to the City of Woodstock for an
agreement to lease such space and the application is pending, or has been
refused because the adjoining property can accommodate a permitted
parking space and the owner or occupant is diligently pursing the
construction of a parking space on such adjoining property.
Article 4 - General Provisions
500.4.1
Commercial - industrial - zone - surface - requirements
No vehicle shall be parked on a boulevard within the City of Woodstock in
a commercial or industrial zone, commercially or industrially used unless
and until such portion or portions of such boulevard upon which parking is
proposed has been properly graded, compacted and surfaced with asphalt
or portland cement binder to provide a permanent durable and dustless
surface to the satisfaction of the Engineer, and that driveway ramps have
been provided for access from the travelled portion of the street to such
boulevard in accordance with the limitations set out in the Zoning By-laws of
the City of Woodstock and an agreement for same has been entered into
between the owner or occupant and the City of Woodstock.
500.4.2
Sidewalks - distance from - marking - requirements
Where a sidewalk has been constructed within a portion or portions of a
boulevard in respect to which parking is permitted under this Chapter, no
vehicle or any part thereof shall be parked at a lesser distance than 0.60
meters from either edge of such sidewalk and the Engineer may require any
person so using such boulevard to indicate the aforementioned limit by
the painting of a white line, or when necessary to construct a suitable
curbing or other protective.
500.4.3
Intersection - minimum distance from
In no instance shall any vehicle be allowed to park on a boulevard in areas
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June 2, 1994
specified in Sections 500.3.1 through 500.3.4 inclusive within
15.24 meters of the intersection of any street or highway.
500.4.4
Driving - on boulevards - prohibited - exception
No vehicle shall be driven on any boulevard, except where parking is
permitted under the provisions of this Chapter, or except for the purpose
of directly crossing a boulevard at a driveway or other designated crossing.
By-law 6593-88, December 15, 1988.
Article 5 - Enforcement
500.5.1
Fine - for contravention
Every person who contravenes any of the provisions of this Chapter is
guilty of an offence and upon conviction is liable to a fine or penalty as
provided in the Provincial Offences Act. By-law 7139-94, June 2, 1994.
Article 6 - Repeal - Enactment
500.6.1
By-law - previous
By-law 4021-65 is hereby repealed.
500.6.2
Effective date
The by-law upon which this Chapter is founded came into force and took
effect as of third and final reading thereof. By-law 6593-88, December 15
1988.
Schedule
Schedule `A' - Agreement - Boulevard Parking
Standard Agreement for Boulevard Parking
This Agreement made in duplicate this ...... day of. 19. ..
Between:
The Corporation of the City Of Woodstock
(hereinafter called "the Corporation")
Of The First Part
And
(hereinafter called "the Lessee")
Of The Second Part
WHEREAS by section 310 of the Municipal Act, R.S.O. 1980, c. 302, as
amended, the Corporation is authorized and empowered to pass by-laws and
lease the untravelled portions of certain highways to the owners or occupants
of adjoining properties;
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AND WHEREAS the Lessee has applied to the Corporation for permission to
use for the purpose of parking motor vehicles the land and premises,
hereinafter called "the leased premises" as shown on City of Woodstock
Plan #. .......... dated ................ a copy of which is attached to and
forms part of this agreement, being an untravelled portion of highway
adjacent to................. in the City of Woodstock, upon the
terms and conditions hereinafter set forth.
NOW THEREFORE THIS AGREEMENT witnesseth that in consideration of the
premises and the mutual covenants herein contained the parties hereto
covenant and agree each with the other as follows:
1)
The Corporation leases to the Lessee the leased premises for the
term of five years from and including the . . . . day of. . . . . . . . .
,19 . . . . . , provided the parking arrangement on the leased
premises is constructed and maintained in accordance with City of
Woodstock Plan # . . . . . . . . .
2)
The Lessee shall pay in advance to the Corporation at the
commencement of the said term and thereafter on each
anniversary date thereof during the said term the sum of $. . . . .
. . . . per year. Failure of the Lessee to pay such sum to the
Corporation within thirty (30) days following any due date shall
immediately terminate this agreement and render it null and
void.
3)
The Lessee shall also pay all applicable realty and/or business
taxes assessed against the leased premises. Failure to pay any
such taxes within thirty (30) days of the due date shall
immediately terminate this agreement and render it null and
void.
4)
Prior to the commencement of any construction on or use of the
leased premises, the Lessee shall contact the Engineer for
approval to ensure that all construction and works in conjunction
with the said Plan shall be in accordance with the specifications of
the Engineer.
5)
The conditions hereby imposed and any works to be carried out
on the leased premises are to be completed within ninety (90)
days from the date of this agreement, weather permitting, or by
such other date as may be specified by the Engineer, otherwise
the agreement shall be null and void and immediately terminated.
6)
The Lessee shall, at his own expense, maintain during the said
term the leased premises in accordance with the said Plan and
shall make no alteration or additions to the parking arrangement
on the leased premises without the approval of the Corporation.
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7)
The Lessee covenants:
a)
to use the leased premises solely for the purpose of parking
motor vehicles and on the understanding that, in residential
areas, parking must be in conjunction with a residential use
of the adjoining property served by such parking;
b)
not to permit nor to undertake the repair or servicing of a
motor vehicle on the leased premises;
c)
to keep the leased premises free from dust, paper, and
rubbish of any kind;
d)
to use the leased premises in a proper and or orderly
manner;
e)
not to permit anything to be done upon the leased premises
which is in violation of any by-law of the Corporation in force
during the said term or which may create a nuisance or be
objectionable, provided, however, that the orderly parking of
motor vehicles shall not be deemed to be a nuisance or to be
objectionable;
f)
not to use the leased premises to accommodate a vehicle
with dimensions in excess of any of the following:
6.0 m length
2.5 m width
2.5 m height
or to accommodate any other vehicle which is deemed by
Council to be unacceptable; and
g)
not to use the leased premises for the storage of materials,
trailer or trailered vehicles.
8)
The Lessee shall not assign or sublet this agreement without the
consent in writing of the Corporation.
9)
The Lessee shall, at all times, indemnify and save harmless the
Corporation of and from all loss, costs and damages which the
Corporation may suffer or have claimed against it for or by
reason or on account of any matter or thing which may occur, be
done or arise by reason of the use of the leased premises or of
any other property of the Corporation for parking or to gain
ingress to or egress from the leased premises or anything which
may be done thereon or which may be neglected to be done
thereon by the Lessee, his agents, servants, or others.
10) If at any time during the term of this agreement the Corporation
shall require possession of all or part of the leased premises, the
Corporation may terminate this agreement upon giving the
Lessee sixty (60) days notice in writing and, such notice having
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been given, this agreement and all of the conditions, covenants
and provisions herein shall cease and determine on the day set
out in the said notice, and rent shall be rebated pro rata.
11) The Corporation shall retain the right to adjust the rental rate on
six (6) months' written notice to the Lessee or to terminate this
agreement on sixty (60) days notice in writing if the parties fail to
agree upon the amount of any such adjustment.
12) On the expiration of the said term or on the termination of this
agreement for any reason, the Lessee shall, within ninety (90)
days therefrom, weather permitting, remove the parking
arrangement and any works associated therewith or forming part
of it from the leased premises and shall restore the boulevard to
grass including the construction of curbs to prevent ingress to or
egress from the leased premises at his own expense and to the
satisfaction of the Engineer, or alternatively, shall at his own
expense, restore the leased premises in a manner and to a
condition satisfactory to the Engineer.
13) Notwithstanding anything contained herein, the Corporation shall
have the right of free, uninterrupted and unobstructed access at
all times to the leased premises for the purpose of installing and
maintaining services and utilities and the Corporation shall only
be liable to restore the leased premises to the approximate
condition in which it existed at the time of each and every entry
upon the leased premises.
14) Wherever the singular and masculine are used throughout this
agreement they shall be construed as meaning the plural, neuter,
or the feminine where the context of the parties hereunto so
required, and the Lessee, its heirs, executors, administrators,
successors and assigns, are and shall be bound by the covenants
herein and all covenants herein shall be construed as both join
and several.
15) It is the responsibility of the applicant to ensure that there are no
encroachments onto adjacent properties.
IN WITNESSETH WHEREOF the Lessee has hereunto set his hand and
seal, or caused to be affixed its corporate seal duly attested by the hands
of its proper signing officers, as the case may be, and the Corporation has
caused to be affixed its corporate seal duly attested by the hands of its proper
signing officers.
Signed, Sealed And Delivered . . . . . . . . . . . . . . . . . . . . .
In the presence of
. . . . . . . . . . . . . . . . . . . . .
The Corporation Of The City Of Woodstock
. . . . . . . . . . . . . . . . . . . . .
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Mayor
. . . . . . . . . . . . . . . . . . . . .
City Clerk
By-law 6593-88, December 15, 1988; Schedule `A'.