CORPORATION OF THE TOWN OF GANANOQUE BYLAW NO BEING A BY-LAW RESPECTING THE REGULATING OF TRAFFIC AND PARKING ON ROADWAYS

Transcription

1 CORPORATION OF THE TOWN OF GANANOQUE BYLAW NO BEING A BY-LAW RESPECTING THE REGULATING OF TRAFFIC AND PARKING ON ROADWAYS WHEREAS Section 11(3) and 27(1) of the Ontario Municipal Act 2001, c. 25, authorizes municipalities to pass by-laws within the sphere of jurisdiction dealing with highways; including parking and traffic; AND WHEREAS Section 28(2) of the Ontario Municipal Act 2001, c. 25, and Section 8 of the Public Transportation and Highway Improvement Act, authorizes a local municipality to have jurisdiction over (a) all road allowances located in the municipality that were made by the Crown surveyors; and (b) all road allowances, highways, streets, and lanes shown on a registered plan of subdivision. AND WHEREAS Section 31(2) of the Ontario Municipal Act 2001, c. 25, authorizes a local municipality to pass a by-law to establish a highway by by-law AND WHEREAS Section 31(4) of the Ontario Municipal Act 2001, c. 25, authorizes a local municipality to pass a by-law to assume the following highways for public use (a) an unopened road allowance made by the Crown surveyors; (b) a road allowances, highways, streets, and lanes shown on a registered plan of subdivision AND WHEREAS Section 128 of the Municipal Act, 2001 provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council are or could become public nuisances; AND WHEREAS Section (1) of the Highway Traffic Act, R.S.O. 1990, c. 8. as amended authorizes a local municipality to pass a by-law denoting a Community Safety Zone; NOW THEREFORE the Corporation of the Town of Gananoque hereby enacts as follows: 1

2 TABLE OF CONTENTS PART I - DEFINITIONS AND INTERPRETATION Definitions Interpretation General Standard Time and Daylight Saving Time Part II - PARKING AND STOPPING General Regulations Two-way Roadways and Right Side of One-Way Roadways One-way Roadways (Parking permitted on left side) Angle Parking see Schedule IV Prohibited Parking Exemptions Parking Prohibited with Signs Parking Prohibited Without Signs Parking Regulations Special Circumstances Parking Regulations Roadway Clearing, Snow Removal and Roadway Cleaning Parking Prohibited Specified Times and Places Signs See Schedule I Stopping Prohibited in Specified Places No Signs see Schedule II Stopping Prohibited with Signs see Schedule II Stopping Prohibited in Specified Places Signs see Schedule II Maximum Parking Limit See Schedule III Specified Parking Period Specified Roadways General Limit Overnight Parking Prohibition Parking on Public Property (see Schedule XVIII) Parking on Private Property General Parking Meter Zones see Schedule V Rate of Charge Maximum Metered Parking Time Limit Inoperative Meters Manner of Parking at Meter Coins Acceptable Violations and Time Expired Signal Effect PART III - LOADING ZONES SCHOOL BUS, PASSENGER BUS PARKING ZONES, POLICE ZONES Loading Zones see Schedule VI Loading Zones School Bus see Schedule VI Passenger Bus Parking see Schedule VI Police Zones see Schedule VII Accessible Person Parking Zones - see Schedule XV

3 PART IV - TRAFFIC MOVEMENTS TURNS, STOPS, YIELD, MULTI LANED ROADWAYS, TRAFFIC SIGNALS, ONE-WAY ROADWAYS, RESERVED BUS LANES Through Roadways Stop Signs at Intersections see Schedule VIII Signal-Light Traffic Control Systems see Schedule IX Yield Signs at Intersections see Schedule X Turns Prohibited (No Schedule Adopted) Compulsory Turns One-Way Roadways see Schedule XI Traffic Circles Multi-Laned Roadways PART V - SPEED REGULATIONS Increased and Decreased Speed Limits see Schedule XII Decreased Speed Limits on Bridges see Schedule XIII Community Safety Zones see Schedule XVII PART VI - HEAVY TRAFFIC Designated Heavy Truck Routes see Schedule XIV Deviations from Truck Routes Large Loads Special Permits PART VII - DRIVING AND RELATED RULES Emerging from Lanes Barricaded Roadways Traffic Control at Fires Emergency Vehicles Exceptions PART VIII - PEDESTRIANS Pedestrian Prohibit on Roadway Pedestrian Barriers Playing on Roadway Prohibited Pedestrian Crossover PART IX BICYCLES, IN-LINE SKATING, SKATEBOARDING Coasting on Roadways Bicycles In-line Skating or Skateboarding Erection of Signs, Traffic Signals, Etc Official Signs Conflicting Private Signs Defacing Signs and Traffic Signals Freshly Painted Lines on Roadway PART XI - OFFENCES AND PENALTIES Penalties Offences Punishable by the Highway Traffic Act Fines and Penalties (Public Property)

4 63.3 Payment of Parking Penalties Vehicles Subject to Removal when Illegally Parked PART XII - APPLICATION AND ADMINISTRATION Enforcement Application of By-law By-law Subject to the Highway Traffic Act All Parts of this By-law in Force Schedules Short Title By-law Repealed Effective Date

5 PART I - DEFINITIONS AND INTERPRETATION 1. Definitions 1.1 Accessible person means a person who is defined under the Ontario Disability Support Program Act as a person who has a substantial physical or mental impairment that is continuous or recurrent and expected to last one year or more; the direct and cumulative effect of the impairment results in a substantial restrictions in one or more of the activities of daily living (i.e., the ability to attend to personal care, function in the community or function in a workplace); and the impairment, its likely duration and restrictions have been verified by a prescribed health care professional functions under a major physical impairment which requires him/her to use some artificial means for the purpose of going from place to place, which artificial means shall include a crutch, an artificial limb, or a wheelchair Alley means means a walkway, emergency access or any other passageway or right-of-way, open from ground to sky, not constituting a street but laid down upon a registered plan and dedicated to public use, as a right-of-way for use in common by adjacent land owners By-law Enforcement Officer or his or her designate shall mean a person appointed by Council for the purposes of enforcing the by-laws of the Municipality Bicycle includes any device which has two tandem wheels and is propelled by human power and upon which any person may ride, and a Tricycle Boulevard means all the parts of the roadway save and except any roadway, shoulder or sidewalk and central boulevard means that part of the roadway lying between the traveled portions of a divided roadway and includes channelizing islands; outer boulevard means that part of the roadway lying between any sidewalk and the traveled portion of the roadway or the near edge of the shoulder where such exists; inner boulevard means that part of the roadway lying between the property line and the edge of the sidewalk nearest to the property line and where there is no sidewalk; it means that part of the roadway lying between the property line and the traveled portion of the roadway or the edge of the shoulder, where such exists, furthest from the traveled portion of the roadway Bump In shall mean a minimum of a 3 metre wide expansion of roadway delineated by curb-side for the purposes of parking Bus Stop means a part of a roadway designed as a point at which buses will stop to take on or let off passengers; 1.8. CAO means the Chief Administrative Officer or his or her designate appointed by Council Chief of Police means the Chief of Police of the Gananoque Police Department 5

6 and includes the officer in charge of any detachment of the Ontario Provincial Police either providing police services to an area municipality by agreement, or otherwise having jurisdiction in the area or his/her designate as appointed by the Town; Community Safety Zone means a roadway or a portion of a roadway designated as such under this by-law and signed pursuant to the regulations of the Highway Traffic Act; Corner, with reference to a roadway 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; Council means the Council of the Corporation of the Town of Gananoque Department Head means a person appointed by the Town which includes the CAO, Clerk, Director of Public Works, Manager of Parks and Recreation, Manager of Community Development, Chief of Police, Chief of Fire or his/her designate in each role Director of Public Works means the Director of Public Works or his/her designate as appointed by the Town Driveway means a part of a roadway improved to provide vehicular access from the roadway to a laneway or a parking area on the adjacent land; Emergency means an unforeseen or sudden occurrence, a danger demanding immediate remedy or action at the discretion of the Chief of Police, Chief of Fire or Director of Public Works Farm Tractor means a self propelled motor vehicle designed and used primarily as a farm and/or landscaping implement for drawing ploughs, mowing machines, and other implements of husbandry and landscaping and not designed or used for carrying a load; Gross Weight means the combined weight of motor vehicle and load; Heavy Truck means any motor vehicle having permanently attached thereto a truck or delivery body and have a gross vehicle weight, as registered with the Ontario Ministry of Transportation, in excess of 4,500 kg but does not include a bus travelling on a bus route established by Council, an ambulance, school, or municipal vehicle; Holiday means New Year s Day, Family Day, Good Friday, Easter Sunday, Victoria Day, Canada Day, Civic Holiday (first Monday in August), Labour Day, Thanksgiving Day, Christmas and Boxing Day; if New Year s Day or Canada Day falls on a Saturday or Sunday then the following Monday is also a holiday; if Christmas Day falls on a Friday then the following Monday is also a holiday; and if Christmas Day falls on a Saturday or Sunday then the following Monday and Tuesday are also holidays; International Square means the intersection of King Street E King Street W Main Street 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 roadway crosses the other; 6

7 1.23. Laneway means improved land adjacent to the roadway which provides access from the roadway to a parking area on adjacent land; Loading Zone means the part of a roadway set apart for the exclusive purpose of parking a motor vehicle to load or unload the same; Motor assisted bicycle means a bicycle fitted with pedals which are operable at all times to propel the bicycle; weighing not more than 54.4 kilogram.; which has no hand or foot operated clutch or gearbox driven by the motor and transferring power to the driven wheel; having an attached motor driven by electricity or having a piston displacement of not more than fifty cubic centimeters; and which does not have sufficient power to enable the bicycle to attain a speed greater than 50 kilometres per hour on level ground within a distance of two kilometres 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 three wheels in contact with the ground, and includes a motors scooter but does not include a motor assisted bicycle; Motor Vehicle includes an automobile, bus, motorcycle, motor assisted bicycle, motor scooter truck and any other vehicle propelled or driven other than by muscular power, but does not include an electric bicycle, a traction engine, farm tractor, other farm vehicle, or machine used for road construction or maintenance Multi Laned Roadway means a roadway which has been divided into separate lanes for vehicular traffic which lanes are indicated by lines or other markings on the surface of the roadway or in any other manner; One-Way Roadway means a roadway upon which the movement of vehicular traffic is limited to one direction Owner when used in relation to property, means; the registered owner of this property; the registered owner of a condominium unit whose consent shall extend only to the control of the unit of which he/she is owner and any parking space allotted to him/her by the condominium corporation or reserved for his exclusive use in the declaration or description of the property; the spouse of a person described in Subsection or hereof; where the property is included in a description registered under the Condominium Act, the board of directors of the condominium corporation; a person authorized in writing by the property owner as defined in Subsection , , , or hereof to act on the owner s behalf for requesting the enforcement of this part of this bylaw Occupant when used in relation to property, means; the tenant of the property or part thereof whose consent shall extend 7

8 only to the control of the land of which he/she is tenant and any parking spaces allotted to him/her under his/her lease or tenancy agreement; the spouse of a tenant; a person, or the Town, 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 Town, or local board whose consent shall extend only to the part of the property that is subject to the easement or right-ofway; a person authorized in writing by an occupant as defined in Subsection , , or to act on the occupant s behalf for requesting the enforcement of this part of the by-law Park or Parking when prohibited means the standing of a motor 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 meter means a mechanical device, together with it support, erected to control and regulate the parking of a vehicle in a parking space; Parking meter cover means a hood, bag or other covering for a marking meter that is placed over a parking meter by authority of the Town or Department Head to indicate that a parking meter is not to be used; Parking meter space means a parking space, the use of which is designed for the parking of vehicles, and is controlled and regulated by a parking meter; Parking meter zone means that part of a roadway where parking is controlled and regulated by a parking meter(s); Parking Pass means a placard or tag issued by the Town for the purposes of designated parking spots Parking Pass, Marina means a pass issued by the Parks and Recreation Department specifically for the purposes of the Town Marina Parking space means A portion of the surface of the travelled 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 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 Pedestrian means any person afoot, any person in a wheelchair, any child in a wheeled carriage, and any person riding a non-motorized bicycle with wheels less than 50 centimeters in diameter Pedestrian crossover, as defined in The Highway Traffic Act, means any portion of a roadway, designated by this by-law, at an intersection or elsewhere identified under this Bylaw, distinctly indicated for pedestrian crossing by signs on the roadway and lines or other markings on the surface of the roadway as prescribed by regulations made under The Highway Traffic Act; Police Department means the Town of Gananoque Police Department and includes the detachment of the Ontario Provincial Police providing services to an area municipality by agreement or otherwise having jurisdiction in the area; 8

9 1.43. Police Officer means a person so appointed by the Police Services Board or the Ontario Police Commission and includes a Special Constable appointed pursuant to the Police Services Act; Police motor vehicle means a motor vehicle owned or operated by the Police Services Board of the Town of Gananoque, the Ontario Provincial Police or the Royal Canadian Mounted Police; Private Property means property other than that owned by the municipality, but shall include property owned by public authorities and local boards Private Roadway means 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 Roadway means that part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder; Shoulder means that part of the roadway immediately adjacent to the traveled portion of the roadway and having a surface which has been improved for the use of motor vehicles with asphalt, concrete or gravel; Sidewalk means that portion of a roadway at the side of or adjacent to such roadway normally used for pedestrian traffic only; Special Event includes parades, sidewalks sales or other events deemed by bylaw Sign, Authorized means any sign or roadway, curb or sidewalk marking or other device placed or erected on a roadway under the authority of this by-law for the purpose of regulating, warning or guiding traffic; Sign, official means a sign approved by the Ministry of Transportation of Ontario; Sign, point means a point on the curb or edge of the roadway opposite a sign; Snow Event means a period of time during which the Director of Public Works, in his/her sole discretion, declares that he/she anticipates a snow fall or accumulation which is likely to require extensive snow plowing, snow clearing, or snow removal operations. A snow event shall commence at 11:59 pm on the day it is called by the Director of Public Works and shall end 24 hours later unless extended by the Director of Public Works in accordance with the provisions of this bylaw Stand or Standing, when prohibited, means the halting of a motor vehicle, whether occupied or not, except for the purpose of and while actually engaged in receiving or discharging passengers; Stop or Stopping, when prohibited, means the halting of a motor vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a traffic control sign or signal; Through roadway means any roadway or part of a roadway so designated by this by-law; 9

10 1.58. Town shall mean the Corporation of the Town of Gananoque; Traffic includes pedestrians, animals which are ridden, led or herded, motor vehicles, and other conveyances either singly or together while using a roadway for the purposes of travel; Traffic control device means any sign, signal or other roadway, curb, or sidewalk marking, or any other device erected or placed under the authority of this bylaw for the purpose of warning, regulating, guiding or directing traffic; Traffic control signal means any device operated manually, electrically, mechanically or electronically for the regulation or control of traffic; Traffic, one-way means movement by motor vehicles upon a roadway in one direction only; Trailer means a vehicle without its own means of propulsion that has to be drawn upon a highway by a motor vehicle; Truck route means a truck route established by Section 40 of this by-law; Unauthorized Area means a Front Yard, Exterior Side Yard, or Side Yard, except as otherwise permitted under the Town s Development Permit By-laws; or the Boulevard, except where parking is permitted by a Town by-law U-turn means the turning of a motor vehicle within the roadway so as to proceed in the opposite direction to that in which the motor vehicle was traveling immediately prior to making the turn; Vessel means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion, and includes such a vessel that is under construction; Yard, front and/or rear and/or side and/or exterior have the meanings defines in the Town s Development Permit By-Law, as amended. 2. Interpretation General 2.1 This by-law applies to all Town streets, alleys, municipal parking lots, and all other property owned or occupied by the Town of Gananoque, and those private properties identified within this by-law, as defined here-in. 2.2 In this by-law words importing the singular number or the masculine gender only, include more persons, parties or things of the same kind than one, and females as well as males and converse; a word interpreted in the singular number has a corresponding meaning when used in the plural; may shall be construed as permissive; shall shall be construed as imperative. 2.3 Abbreviations In the schedules to this by-law the following abbreviations, definitions and symbols stand for the words respectively set forth opposite thereto as follows: cm - centimeter m - metre 10

11 km - kilometer km/h - kilometre per hour N - North S - South E - East W - West am - Ante Meridian pm - Post Meridian 2.4 Distances Where a distance is used in this by-law as part of a prohibition of parking or stopping within a specified distance of an object, structure, land or a part of a roadway, such distance shall be measured along the curb or edge of the roadway from a point in such curb or edge of roadway opposite such object, structure, land, or part of a roadway unless the context otherwise requires; and from such object, structure, land, or part of a roadway in all directions; 2.5 Cumulative Effect The various prohibitions of this by-law are cumulative and not mutually self-exclusive; 2.6 Severability It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such part shall be deemed to be severable and all parts hereto are declared to be separate and independent and enacted as such; 3. Standard Time and Daylight Saving Time 3.1 Where an expression of time occurs or where any hour or other period of time is stated, the time referred to shall be stand time, provided however, if what is known as daylight saving time has been generally adopted in the area for any period of year, under any statute, order-in-council, by-law, resolution or proclamation, whether the same is effective in law or not, such time shall be the time referred to during such period in any reference to time in this by-law. 11

12 Part II - PARKING AND STOPPING 4. General Regulations 4.1 Two-way Roadways and Right Side of One-Way Roadways No person shall park or stop any motor vehicle or permit a motor vehicle to remain parked or stopped on a roadway except as follows where there is a raised curb, on the right side of the traveled portion of the roadway, having regard to the direction in which the motor vehicle was traveling, with its right front and rear wheels parallel to and not more than fifteen (15 cm) centimeters away from such curb; or where there is no curb or a rolled curb, on the right side of the roadway having regard to the direction in which the motor vehicle was traveling with the right front and rear wheels parallel to and as near to the right hand limit of the roadway as is practicable without stopping over any part of a roadway which is landscaped or which is not intended for the use of motor vehicles. 4.2 One-way Roadways (Parking permitted on left side) Where parking is permitted on the left side of a roadway designated for one-way traffic, a person may park or stop any motor vehicle provided the motor vehicle is parked; where there is a raised curb, on the left side of the traveled portion of the roadway, having regard to the direction in which the motor vehicle was traveling, with its left front and rear wheels parallel to and not more than fifteen (15 cm) centimeters away from such curb; or where there is no curb or a rolled curb, on the left side of the roadway having regard to the direction in which the motor vehicle was traveling with the left front and rear wheels parallel to and as near to the left hand limit of the roadway as is practicable without stopping over any part of a roadway which is landscaped or which is not intended for the use of motor vehicles. 4.3 Angle Parking see Schedule IV Subsection 4.1 and 4.2 of this section do not apply where angle parking is permitted under this by-law; Where angle parking is permitted on a roadway, no person shall stop, stand or park any motor vehicle or permit a motor vehicle to remain parked or standing except at the angle designated by signs or markings on the roadway When an angle parking space is designated by lines or other markings on the roadway, or otherwise, no person shall stop, stand or park any motor vehicle or permit a vehicle to remain parked or standing therein except entirely within the area so designated as a parking space. 12

13 4.3.4 Where angle parking on a roadway other than at an angle of ninety (90) degrees to the curb or edge of roadway is permitted, no person shall park a motor vehicle or permit a motor vehicle to remain parked on such roadway except with the front end of the motor vehicle at the curb or edge of the roadway No person shall park a motor vehicle or permit a motor vehicle to remain parked at an angle on a roadway except on the roadways, at the sides and between the limits, set out in Schedule IV to this by-law. 4.4 Prohibited Parking No person shall park a heavy motor vehicle in front of or adjacent to a residential property except as part of the normal commercial operation of the owner or operator of that motor vehicle No person shall park or leave an unattached trailer of any kind on a street No person shall park a motor vehicle in an Unauthorized Area No person shall park or stop any motor vehicle or permit a motor vehicle to remain parked or stopped on a roadway with its left front and rear wheels parallel to the curb or left hand limit of the roadway unless it is permitted and signed under Section No person shall park a motor vehicle or permit a motor vehicle to remain parked in such a manner that it is not wholly within the area designated as parking space unless the motor vehicle is of such length as to render it impossible to park it in one (1) parking space. In such a case, the adjoining parking space or spaces may, in addition, be used if the required coin deposits are made in the parking meters provided for all parking spaces used by the vehicle Notwithstanding Section 4.4.5, up to a maximum of two motorcycles may be parked in one space. 4.5 Exemptions The following are exempt from the regulations established by this bylaw when responding to an emergency: emergency vehicles municipal vehicles; and utility vehicles The following are exempt from the requirement to pay the parking rates in parking meter zones on Town streets and municipal parking lots, when carrying out their responsibilities provided the vehicle is clearly marked or has been identified with a Town issued Parking Pass signed by the Town Clerk: emergency vehicles; municipal vehicles; utility vehicles 13

14 4.5.3 Motorized refreshment vehicles operating on Town property in accordance with the Mobile Canteen By-Law, or a successor to that bylaw, are exempt from the provisions of this by-law. 5. Parking Prohibited with Signs 5.1 When official signs have been erected no person shall park a vehicle or permit a vehicle to remain parked on any roadway; in front of or within eight (8m) metres of a lot on which there is a fire hall, on the side of the roadway on which the fire hall is located; on the opposite side of a roadway from that, on which a fire hall is located and within thirty (30m) metres of the projected lot lines of the lot on which such fire hall is located; within fifteen (15m) metres of an intersection; within thirty (30m) metres of an intersection controlled by a traffic signal; in front of the main entrance to, or any emergency exit from any hotel, hospital, nursing home, theatre, auditorium or other building or enclosed space in which persons may be expected to congregate in large numbers; within thirty (30m) metres of the approach side of a crosswalk that is controlled by a traffic signal and not located at an intersection; within fifteen (15m) metres of the leaving side of a crosswalk that is controlled by a traffic signal and not located at an intersection; within fifteen (15m) metres of the end of the roadway on a dead-end roadway; 6. Parking Prohibited Without Signs 6.1 No person shall park a vehicle or permit a vehicle to remain parked on any roadway; within nine (9m) metres of an intersection at any time; within 15 metres of any intersection controlled by traffic signals at any time; within three (3 m) metres of a fire hydrant at any time; in front of or within one and one half (1.5 m) metres of a laneway or driveway; so as to obstruct a vehicle in the use of any laneway or driveway; in such a position that will prevent the convenient removal of a vehicle previously parked so as to prevent or impede the ingress to or egress from a metered 14

15 parking space notwithstanding its use for any other purpose; on the traveled portion of the roadway where the roadway width is six (6 m) metres or less; on any raised curbed or landscaped boulevard; in such a manner so that any part of the vehicle is situated upon or over a sidewalk at any time of the day or night; on any street in a manner which obstructs traffic at any time; on any roadway or shoulder for longer than 48 hours; on any roadway during Overnight Parking Prohibition; for the purpose of displaying the vehicle for sale; for the purpose of greasing, or repairing the vehicle except for such repairs as have been necessitated by an emergency; 7. Parking Regulations Special Circumstances 7.1 If the Chief of Police or the Chief of Fire or the Director of Public Works is of the opinion that some temporary period to ensure the safety of the public, the proper movement of traffic, the parking of vehicles, a congestion of traffic, a construction project or the proper and safe performance of some vital function of the Town of Gananoque, or a local board, special regulations are required for the movement or parking of vehicles on a roadway under the jurisdiction of the Town of Gananoque, he/she is authorized to make special regulations for the movement or parking of vehicles on such roadway during such times and days as he/she deems proper and necessary and he/she, shall have erected official signs or otherwise give reasonable notice to indicate such special regulations; 7.2 When official signs have been erected or notice has otherwise been given under Subsection 7.1 of this section no person shall park, move or operate a vehicle contrary to such special regulations. A vehicle already parked when such notice has been given shall be forthwith removed. 7.3 If the Director of Public Works is of the opinion that some temporary period with respect to the parking of vehicles due to construction, overflow or other works under the jurisdiction of the Town is required, notice may be issued provided: A Town issued placard is placed on the interior dashboard of a vehicle as issued by the Town. 7.4 No person shall park a vehicle on any road within the Town during a Snow Event The Director of Public Works shall ensure that notice to the public of a Snow Event or an extension thereof is given in a at least two of the following means: The issuance of a media advisory; Posting notification on the Town s website; or Any other means of giving notice that has a reasonable likelihood of coming to the attention of persons who are affected. 15

16 7.5 Parking During an Emergency Notwithstanding any other provisions of this by-law to the contrary, in case of fire or any emergency, parking may be restricted or prohibited by the Chief of Police or the Fire Chief or the Director of Public Works, and no person shall park a vehicle in contravention of such restrictions or prohibition For the purposes of this section, "emergency" includes a snow fall or other act of God which hinders, restricts or prohibits movement of vehicles or pedestrians on a roadway The declaration of an emergency and the parking restrictions or prohibitions shall be effected by a broadcast on local radio and/or television stations and/or the Town s website and such broadcast shall be deemed to be sufficient notification of the restrictions or prohibition then in effect. 7.6 Parking During Special Events Notwithstanding any other provisions of this by-law to the contrary, in case of a parade, an assembly of persons, side walk sales, events deemed by Council by-law, parking may be restricted or prohibited by the Chief of Police or the Director of Public Works, and no person shall park a vehicle in contravention of such restrictions or prohibition. 8. Parking Regulations Roadway Clearing, Snow Removal and Roadway Cleaning 8.1 No person shall park a vehicle or permit a vehicle to remain parked on any roadway; so as to interfere in any manner with the work of removing snow or ice there from or the clearing of snow there from; in such manner so as to interfere with roadway cleaning operations; 9. Parking Prohibited Specified Times and Places Signs See Schedule I 9.1 When official signs have been erected no person shall park a vehicle or permit a vehicle to remain parked on any roadway at the side and between the limits set out in Schedule I during the times or days set out in said Schedule; 9.2 Parking is prohibited on Town of Gananoque property including designated Municipal parking lots as per Schedule XVIII from 1:00 am to 7:00 am unless otherwise signed. 10. Stopping Prohibited in Specified Places No Signs see Schedule II 10.1 No person shall stop a vehicle or permit a vehicle to remain stopped on any roadway in specified places as per Schedule II Subsection B. 11. Stopping Prohibited with Signs see Schedule II 11.1 When official signs have been erected, no person shall stop a vehicle or permit a vehicle to remain stopped on any roadway as per Schedule II Subsection C or School Crossing Points as per Schedule XVI. 16

17 12. Stopping Prohibited in Specified Places Signs see Schedule II 12.1 When official signs have been erected no person shall stop a vehicle or permit a vehicle to remain stopped on any roadway, at the side and between the limits set out respectively in Schedule II to this by-law during the times or days set out in said Schedule; 12.2 The provisions of Section 11 and 12 of this by-law relating to stopping, do not apply to prevent the stopping of a taxi cab as per Schedule II Subsection D 13. Maximum Parking Limit See Schedule III 13.1 Specified Parking Period Specified Roadways When official signs have been erected, no person shall park a vehicle or permit a vehicle to remain parked on a roadway at the side and between the limits set out respectively in Schedule III 13.2 General Limit Subject to the other provisions of this by-law, no person shall park a vehicle or permit a vehicle to remain parked on a roadway for a period of time longer than forty-eight (48 hrs.) hours, and appropriate signs shall be posted at the entrance to the Town Overnight Parking Prohibition No person shall park a vehicle or permit a vehicle to remain parked on a roadway for a period of time longer than the Roadways Overnight Parking as set out in Schedule III. 14. Parking on Public Property (see Schedule XVIII) 14.1 General No person shall park or leave any motor vehicle on property of the Town where parking is by sign designated as an area in which parking is prohibited as per Schedule XVIII Parking Passes or Marina Parking Passes issued by the Town must be completely and clearly displayed on the dashboard or from the rearview mirror of the vehicle for easy inspection by the Police Officer or By-law Enforcement Officer; Parking is prohibited in a Municipal Lot between the hours of 1:00 am and 7:00 am, unless otherwise signed No person shall park or leave any motor vehicle on property of the Town where an area is by sign designated as reserved, unless the area is reserved for such person No person shall dock any vessel on property of the Town where docking is by sign designated as an area in which docking is prohibited or as reserved, unless the area is reserved for such person No person shall park or stop a motor vehicle, or dock any vessel, or permit such a motor vehicle or vessel to remain parked or stopped or docked on property of the Town in an area designated by sign as a loading zone, except for the purpose of and while actually engaged in 17

18 loading thereon or unloading there from, passengers, freight or merchandise Whenever a motor vehicle is parked or left, or in the case of a vessel, docked in an unauthorized area on property of the Town and is in contravention of Section 14 of this by-law, a Police Officer or By-law Enforcement Officer, or in the case of a vessel, Police Officer or By-law Enforcement Officer shall cause the said motor vehicle or vessel 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, shall be paid by the owner of the said motor vehicle or vessel and, in the case of a motor vehicle, such costs and charges shall be a lien upon the said motor vehicle, which may be enforced in the manner provided by The Repair and Storage Liens Act. 15. Parking on Private Property 15.1 General No person shall park or leave any motor vehicle on private property without the consent of the owner or occupant of the property; Subject to Subsection 62.5, the owner of a motor vehicle parked or left on private property is liable for all costs and penalties to have the motor vehicle removed from such property or impounded under this part of the by-law upon the written complaint of the owner or occupant of the property given to a Police Officer or By-law Enforcement Officer appointed for the carrying out of the provisions of this part of the bylaw; When an owner or occupant of property affected by this part of the bylaw has posted signs 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 prohibition shall be deemed to have been parked or left without consent; Police Officer or By-law Enforcement Officer shall be deemed to have the written authority of the owner or occupant of the property to enforce this part of the by-law and is not required to receive a written complaint before enforcing this part of the by-law; 16. Parking Meter Zones see Schedule V 16.1 The Town authorizes the erection, maintenance and operation of parking meters on the roadways as set in Schedule V of this by-law for the purpose of controlling and regulating parking during specific days and hours and the Town shall designate parking meter spaces in connection with such meters No person shall park a vehicle or permit a vehicle to remain parked on any roadway at the side and between the limits set out in Schedule V of this by-law unless such vehicle is parked wholly within a designated parking meter space. 17. Rate of Charge 17.1 Notwithstanding any other provisions of this by-law, where parking meters have been erected no person shall park a vehicle or permit a vehicle to remain parked in a parking space on any roadway at the side and between the limits set out in Schedule V to this by-law during the days and hours set out in said Schedule 18

19 unless; the parking meter controlling such parking space is used; a fee is deposited therein in accordance with; the rate per hour as set out in Schedule V and; the denomination of coin requirement indicated on the meter; or the parking meter is covered with a parking meter cover issued by the Town; and the owner or other person acting on the owner s behalf has paid the required fee as per Schedule V 17.2 Notwithstanding the above, the provision of parking meters covers shall be only to those companies or individuals who operate a certified trade and who have satisfied the Town, that he/she will be performing his/her trade at a location other than his/her normal place of business so that a parking meter cover will be required. In addition, a deposit shall be required which will be returned if the bag is returned in a condition satisfactory to the Town. The maximum length of time for which a parking meter cover may be rented without renewal shall be six (6) days. Renewals may be granted by the Town on the same basis as the original issuance: 17.3 Notwithstanding the above, parking meter covers identified with courtesy parking are exempt by by-law, as approved by Council. 18. Maximum Metered Parking Time Limit 18.1 Where parking meters have been erected, no person shall park a vehicle or permit a vehicle to remain parked in a parking meter space on the roadway at the side between the limits set out respectively in Schedule V of this by-law during the days and hours set out in said Schedule for a longer period than set out in said Schedule. 19. Inoperative Meters 19.1 No person shall park a vehicle or permit a vehicle to remain parked in a parking meter space, if the parking meter has been covered by a parking meter cover indicating parking is prohibited. 20. Manner of Parking at Meter 20.1 Where parking meters 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 meter space unless; where parallel parking is permitted, the front wheels of such vehicle are opposite to the parking meter provided for such space; where parallel parking is permitted, and two (2) meters are mounted on the same standard, the rear of the forward vehicle shall be opposite or as close as is practicable to the forward parking meter and the front of 19

20 the rear vehicle shall be opposite or as close as is practicable to the rear parking meter; or where angle parking is permitted, the front of the vehicle shall be opposite or as close as is practicable to the parking meter provided for such parking meter space. 21. Coins Acceptable 21.1 No person shall deposit or cause to be deposited in any parking meter; any slug, device or other substitute for a coin of the Dominion of Canada or of the United States of America; or any coin, except a coin of the Dominion of Canada or of the United States of America which the meter is designed to accommodate Where a person deposits one or more coins in a parking meter in excess of that required for the parking time allowed by the meter, no change shall be remitted and no increase in parking time shall be allowed. 22. Violations and Time Expired Signal Effect 22.1 For the purposes of Sections 16 to 18 inclusive of this by-law, the fact that a parking meter governing a parking space indicates that a vehicle is unlawfully parked is prima facie evidence that such vehicle is unlawfully parked. 20

21 PART III - LOADING ZONES SCHOOL BUS, PASSENGER BUS PARKING ZONES, POLICE ZONES 23. Loading Zones see Schedule VI 23.1 Establishment The parts of roadways at the side having the length and between the limits set out respectively in Schedule VI are hereby established as Loading Zones during the times or days set out in said Schedule Regulation of Use When authorized signs have been erected, no person shall park or stop a vehicle or permit a vehicle to remain parked or stopped in a Loading Zone except for the purpose of, and while actually engaged in, loading thereon or unloading there from, passengers, freight, or merchandise. 24. Loading Zones School Bus see Schedule VI 24.1 School Bus Loading Zones Designation The Town is hereby authorized to establish School Bus Loading Zones on roadways, adjacent to schools, museums, or other public buildings, upon the passing of a By-law by Council A School Bus Loading Zone shall be conclusively deemed to have been established when an official sign or marker has been erected in accordance with The Highway Traffic Act and regulations and amendments passed there under School Bus Load Zones - Stopping Prohibited No person shall stop a vehicle or permit a vehicle to remain stopped, other than a school bus, in an area designated as a School Bus Loading Zone by signs. 25. Passenger Bus Parking see Schedule VI 25.1 Establishment The Town is hereby authorized to establish Passenger Bus Parking Zones on roadways by by-law A Passenger Bus Parking Zone shall be conclusively deemed to have been established when a sign or marker has been erected to indicate such zone Regulation of Use When authorized signs have been erected, no person shall park or stop a vehicle or permit a vehicle to remain parked or stopped in a Passenger Bus Parking Zone, other than a Passenger Bus; Passenger Bus Parking Zones shall be created between the limits set out 21

22 respectively in Schedule VI; Such zones to be used exclusively for the unlimited parking of Passenger Buses as identified in Schedule VI and all other vehicles shall be prohibited from parking or stopping in the said zones during the time period identified in said Schedule. 26. Police Zones see Schedule VII 26.1 Police Zones Designation The Town is hereby authorized to establish Police Zones on roadways, upon the passing of a resolution By-law by Council The parts of roadways at the side and between the limits set out respectively in Schedule VII of this by-law are hereby established as Police Vehicle Zones during the times or days set out in said Schedule Police Zones - Regulation of Use When authorized signs have been erected, no person shall park or stop a vehicle or permit a vehicle to remain parked or stopped in a Police Vehicle Zone, other than a police vehicle Notwithstanding Section a By-law Enforcement vehicle may be parked in a Police Vehicle Zone. 27. Accessible Person Parking Zones - see Schedule XV 27.1 Accessible Person Parking Zone - Establishment Council is hereby authorized to establish Accessible Person Parking on roadways by by-law The Accessible Person Parking Zone shall be conclusively deemed to have been established when a sign or marker has been erected to indicate such zone and such marked has been erected to indicate such zone and such zone shall be deemed to be included on Schedule XV Accessible Person Parking Zone - Regulation of Use When authorized signs have been erected, no person shall park or stop a vehicle or permit a vehicle to remain parked or stopped in an Accessible Person Parking Zone other than a vehicle clearly identified as a mode of transportation by way of an appropriate form of identification clearly visible on the dash board of the vehicle. The identification is valid only if an accessible person is either the driver of the vehicle or a passenger in the vehicle On private property an owner or occupant may authorize the regulating of an Accessible person parking zones, as per Subsection , provided: Council establishes the said private property as a parking zone for people with disabilities by by-law identified on Schedule XV 22

23 Written authorization is received by the owner or occupant requesting enforcement of the accessible person parking zones, and Authorized signs have been erected, at the cost of the owner or occupant. 23

24 PART IV - TRAFFIC MOVEMENTS TURNS, STOPS, YIELD, MULTI LANED ROADWAYS, TRAFFIC SIGNALS, ONE-WAY ROADWAYS, RESERVED BUS LANES 28. Through Roadways 28.1 Certain roadways may be designated as Through Roadways for the purpose of The Highway Traffic Act and further passed as amendments to this by-law; 28.2 Such designations in Section 28 of a roadway, or part of a roadway, as a Through Roadway shall not include any intersection thereon where the roadway intersection is a King s Roadway or where traffic control signals are installed. 29. Stop Signs at Intersections see Schedule VIII 29.1 The Town shall erect Stop Signs at the intersections set out in Schedule VIII of this by-law, facing traffic proceeding in the direction set out in said Schedule, on the roadway or part of roadway set out in said Schedule. 30. Signal-Light Traffic Control Systems see Schedule IX 30.1 The Town shall erect and operate Signal-Light Traffic Control Systems at the intersections and places named and described in Schedule IX to this by-law, subject to the provisions of The Highway Traffic Act. 31. Yield Signs at Intersections see Schedule X 31.1 The Town shall erect Yield Signs at each of the intersections set out in Schedule X of this by-law, for the control of traffic entering the intersections in the direction set out in said Schedule, and from the roadway set out in said Schedule: 32. Turns Prohibited (No Schedule Adopted) 32.1 When official or authorized signs, as required by The Highway Traffic Act, have been erected, no vehicle in any intersection or part of a roadway set out in Schedule (to be determined) to this by-law proceeding in the direction or emerging from a property set out in said Schedule (to be determined) shall be turned in the direction set out in said Schedule during the times or days set out in said Schedule. 33. Compulsory Turns 33.1 When authorized signs have been erected, any vehicle traveling on such signed roadways, upon entering the roadway, shall turn in the direction set out in the sign; 33.2 No vehicle shall proceed across the said signed roadway: 34. One-Way Roadways see Schedule XI 24