BY-LAW NO OF THE CORPORATION OF THE COUNTY OF BRANT To regulate parking within the County of Brant

Transcription

1 BY-LAW NO OF THE CORPORATION OF THE COUNTY OF BRANT To regulate parking within the County of Brant WHEREAS it is desirable to regulate the parking of vehicles within the County of Brant; AND WHEREAS S. 210 (123), (124), (125) of the Municipal Act, R.S.O and S. 175 (15) of the Highway Traffic Act, R.S.O permit a municipality to regulate parking within the County limits; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE COUNTY OF BRANT hereby enacts as follows: 1. Boulevard means that portion of the road allowance lying between the adjacent property line and the edge of the travelled portion of the highway or the edge of the shoulder, where such exists, furthest from the travelled portion of the highway. (c) (d) (e) (f) (g) (h) (i) (j) County means the Corporation of the County of Brant. Corporation means the Corporation of the County of Brant. Council means the Municipal Council of the Corporation of the County of Brant. Crosswalk means any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. Curb means a structure composed of concrete or other suitable material erected to define the edge of a roadway. Entrance means improved land on a highway which provides vehicular access from the roadway to a laneway or parking area on adjacent land. Highway means a common and public highway and includes a street and a bridge forming part of a highway or on, over or across which a highway passes. Intersection means the area embraced within the prolongation or the connection of the lateral curb lines or, if none, then the lateral boundary lines of two or more highways that join one another at an angle, whether or not one highway crosses the other. Loading Zone means a space adjacent to a curb designated for the exclusive use of commercial motor vehicles during the loading and unloading of freight.

2 By-law # Page 2 (k) Municipal Law Enforcement Officer means a person appointed by the Corporation pursuant to the Police Services Act for the purpose of enforcing the provisions of this by-law. (l) Municipal Parking Lot means a parking lot described in Schedule 10 attached. (m) Oversized Motor Vehicle means any motor vehicle regardless of intended use, which has more than two axels or four tires, but does not include reardual wheeled pick up truck. (n) Park or Parking when prohibited, means 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. i) Parking Control Device means any sign, signal or other roadway, pavement, curb or sidewalk marking, or any other device erected or placed under the authority of this by-law for the purpose of warning, regulating, guiding or directing the parking of vehicles. (o) (p) (q) (r) (s) (t) (u) (v) Person includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law. Police Officer means a Police Officer as defined in the Police Services Act, R.S.O 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 two or more separate roadways, the term roadway refers to any one roadway separately and not to all of the roadways collectively. Road Operations Manager means that person appointed by Council as such or his designate. Shoulder means that part of the highway immediately adjacent to the travelled portion of the roadway and having a surface which has been improved for the use of vehicles with asphalt, concrete or gravel. Sidewalk means that portion of the road allowance between the curb lines or the lateral lines of the roadway and the adjacent property lines, specifically designed and constructed for the use of pedestrians. Sign means a sign placed or erected on a highway under the authority of this by-law for the purpose of regulating, warning or guiding traffic. Stopped or Stopping when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid

3 By-law # Page 3 conflict with other traffic, or in compliance with the directions of a Police Officer or traffic control signal or sign. (w) (x) (y) Traffic Control Signal means any device operated manually, electrically or mechanically for the regulation or control of traffic. Trailer means a vehicle that is designed to be drawn upon a highway by a vehicle. Vehicle includes a motor vehicle, trailer, traction engine, farm tractor, road building machine and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or the cars of electric, diesel or steam railways running only upon rails. ENFORCEMENT 2. The Municipal Law Enforcement Officers employed by the Corporation and officers of the Police Services of the County of Brant are authorized to enforce the provisions of this By-law. APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICER 3. Council may by by-law appoint or employ such persons as may be deemed necessary as Municipal Law Enforcement Officers for the purpose of enforcing this by-law. OBEDIENCE TO SIGNS PART 1: REGULATION OF ON-STREET PARKING 4. No person shall fail to comply with any and all traffic control devices erected under the provisions of this part. GENERAL STOPPING AND PARKING REGULATIONS 5. No person shall park or stop any vehicle on any highway except: on the right hand side of the highway, having regard to the direction in which the vehicle was travelling, and with the right front and rear wheels parallel to, and not more than 0.15 metres from the curb where there is a raised curb or where there is no curb or a rolled curb, with the right front and rear wheels parallel to and as near to the right hand limit of the highway as is practicable without stopping or parking over a sidewalk or footpath or over any part of the highway where grass has grown or which is not intended for the use of vehicles.

4 By-law # Page This section shall not apply where angle parking is specifically authorized under this by-law, nor to prevent the parking or stopping of a vehicle on the left hand side of a highway designated for one-way traffic, where such parking is not otherwise prohibited. 6. No person shall park a vehicle on a highway marked by signs or lines on the pavement, to indicate that the area may be used for parking vehicles at an angle to the edge of the roadway except, between the signs or within the lined area, and on the right hand side of the highway having reference to the direction in which the vehicle has been travelling and so that: The travelled portion of the highway is to the rear of the vehicle, and in the case where the area is not clearly marked into parking spaces, so that the line formed to the left hand side of the vehicle intersects the pavement edge line at an angle of not less than 40 degrees, and not greater than 50 degrees. 7. In the case of an area, on the highway or within the municipal parking lot that is clearly marked into parking spaces, no person shall park a vehicle except within a parking space, so that no part of the vehicle encroaches on a contiguous parking space. 8. No person shall park a vehicle on a highway except when necessary to avoid conflict with other traffic or in compliance with a traffic control signal, sign or device or the direction of a police officer, in such manner as to obstruct: (i) (ii) (iii) a sidewalk; a crosswalk; within 2 metres of an entrance on the highway to, or from, a private road or lane, or land contiguous to the highway; (c) (d) within three (3) metres of a point in the edge of the roadway and nearest a fire hydrant; on or within one hundred (100) metres of a bridge over, under or across which the highway passes; within six (6) metres of a point at the edge of the roadway and the nearest point of a public entrance to; (i) (ii) a hotel as defined in the Hotel Fire Safety Act, or a theatre as defined in the Theatres Act, while the theatre is open to the public, or

5 By-law # Page 5 (iii) a public hall as defined in the Public Halls Act, while the hall is open to the public; (e) (f) (g) (h) (i) (j) subject to clause (f), within nine (9) metres of an intersection on the highway; where there is a signal-light traffic control system installed at an intersection on the highway, within fifteen (15) metres of the intersection; within fifteen (15) metres of the nearest rail of a level railway crossing; in a position or place that prevents or is likely to prevent the removal of any vehicle already parked on the highway; for a longer period of time than twenty-four hours; on a boulevard, except where it has been improved by the municipality with asphalt, concrete or gravel, for the purpose of accommodating the parking of vehicles and the vehicle is parked in compliance with this By-law. 9. No person shall park any vehicle upon a highway in such a manner or under such conditions as to leave available less than four (4) metres of the width of the roadway for free movement of vehicular traffic. 10. No person shall park an oversized motor vehicle on a highway for a period longer than two (2) consecutive hours. 11. No person shall park a trailer at any time that is not attached to a motor vehicle on any highway or within any municipal parking lot. STOPPING AND PARKING RESTRICTIONS AND PROHIBITIONS ON CERTAIN ROADS 12. Where signs to that effect are displayed, no person shall stop a vehicle on a highway, near the entrance way to a firehall, on the sides and between the limits as set out in Schedule 1 to this by-law. 13. Where signs to that effect are displayed no person shall stop a vehicle on any highway on the side and between the limits and during the prohibited days and times all as set out in Schedule 2 to this By-law. 14. Where signs to that effect are displayed, no person shall park a vehicle on any highway, at any time, on the side and between the limits as set out in Schedule 3 to this By-law. 15. Where signs to that effect are displayed no person shall park a vehicle on any highway on the side and between the limits and during the prohibited days and times all as set out in Schedule 4 and Schedule 5 to this By-law.

6 By-law # Page Where signs to that effect are displayed, no person shall park a vehicle on any highway for a longer period of time on the side, between the limits and during the prohibited days and times all as set out in Schedule 6 to this By-law For the purposes of Section 16, where a person permits a vehicle to remain parked for subsequent increments of the specified time permitted, each increment shall constitute a separate offence. 17. Despite the provisions of Section 16. and 16.1, any person displaying a Disabled Person Parking Permit in accordance with the requirements of the Highway Traffic Act, R.S.O. 1990, is exempt from the time limited restrictions set out in Schedule Where signs to that effect are displayed no owner or operator 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 as set out in Schedule 7. EMERGENCY SNOW REMOVAL 19. Where signs to that effect are displayed, no person shall park a vehicle or permit such vehicle to remain parked on the highways or portions of highways as described in Schedule 8, during any snow emergency A snow emergency shall be deemed to exist when, in the opinion of the Road Operations Manager, sufficient snow has accumulated or the snowfall is sufficiently continuous that the parking of vehicles on the highways interferes with the efficient removal of snow from such highways and shall commence upon announcement over local radio and remain in effect until terminated by the Road Operations Manager by announcement over local radio. LOADING ZONES 20. Where signs to that effect are displayed, no person shall stop or park any vehicle other than a commercial motor vehicle engaged in the loading or unloading of cargo, in any Loading Zone, during the restricted period or for a longer period of time, as set out in Schedule 9. MUNICIPAL PARKING LOTS 21. Where signs to that effect are displayed, no person shall park or stop a vehicle within any municipal parking lot, for a longer period of time than is permitted, during the restricted days and times, all as indicated in Schedule Despite the provisions of Section 21, no person shall park an oversized motor vehicle within a municipal parking lot, for a period of time exceeding two (2) consecutive hours. 23. For the purposes of Section 21 and 22, where a person permits a vehicle to remain parked for subsequent increments of the specified time permitted, each increment shall constitute a separate offence.

7 By-law # Page Despite the provisions of Section 21, any person displaying a Disabled Person Parking Permit in accordance with the requirements of the Highway Traffic Act, R.S.O. 1990, in exempt from the time limited restrictions set out in Schedule 11. UNAUTHORIZED PARKING OF MUNICIPAL PROPERTY 24. Municipal Property means any real property owned or leased by the Corporation but does not include a municipal parking lot. 25. No person shall park a vehicle on municipal property without consent of the County. DISABLED PERSON PARKING 26. In this part: 26.1 Designated Disabled Person Parking Space means parking space designated in Schedule 12 and signed in accordance with Regulation 581 of the Highway Traffic Act, R.S.O Disabled Person Parking Permit means a permit issued pursuant to the provisions of the Highway Traffic Act, R.S.O. 1990, or a permit, number plate or other marker or device issued by another jurisdiction and recognized under the Act. 27. No person shall park a vehicle in a Designated Disabled Person Parking Space, unless a currently valid Disabled Person Parking Permit has been issued to that person or to a passenger being picked up or transported in the vehicle and such permit is displayed in accordance with the Highway Traffic Act, R.S.O FIRE ROUTES 28. In this part: 28.1 Authorized Emergency Vehicle means fire department vehicles, police vehicles, ambulances, and any other vehicles of utility companies that are required for control of any emergency at the properties designated in Schedule 13 of this Bylaw Fire Route means a private roadway, lane, ramp or other means of vehicular access to a building required to be constructed and maintained pursuant to Section (1) of the Ontario Fire Code, O. Reg 388/97 as amended Private Roadway means any private road, 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. 29. For the purpose of this By-law, the private roadways, at the locations as indicated in Schedule 13, are designated as fire routes.

8 By-law # Page Where signs to this effect are posted, no person shall park a vehicle, except an authorized emergency vehicle, within a fire route, at the locations indicated in Schedule Fire routes designated by this by-law shall be indicated by official fire route signs erected and maintained by the property owner, as required by the County, consistent with standards contained within the Manual of Uniform Traffic Control Devices. PARKING PERMITS 32. Relief from certain provisions of this by-law may be granted through the issuance of a parking permit in accordance with the conditions detailed in Schedule 14. AUTHORITY TO ERECT TEMPORARY SIGNS 33. The Road Operations Manager and his authorized representatives are hereby authorized to erect or place temporary No Parking signs on any common public highway, roadway, street, avenue, parkway, driveway, laneway, square, place, viaduct or trestle designed for and intended for, or used by the general public for the passage of vehicles Without limiting the generality of Section 33 such signs shall be erected in the event of fires or fire alarms or parades, or while large assemblies are in an auditorium or otherwise, for a reasonable period of time during or after fires or fire alarms or immediately preceding or following parades or assemblies, provided however, that No Parking signs shall be erected twelve (12) hours or more before such parades or assemblies, except in an emergency situation where giving prior notice is not reasonably possible Without limiting the generality of Section 33.1, such signs shall be erected to facilitate the removal of snow or ice, to facilitate street cleaning, to facilitate tree trimming or to facilitate construction of or repair to roads, curbs and gutters, sewers or water mains, provided however that such No Parking signs shall be erected twelve (12) hours or more before such works are to commence, except in an emergency situation where giving prior notice is not reasonably possible Any such signs erected or placed under this section shall be deemed to be a parking control device within the meaning of Clause (n)(i) of Section 1 of this bylaw. PART 2: PENALTIES 34. Any person who contravenes a provision of this by-law is guilty of an offence and upon conviction is liable to the penalty provisions of the Provincial Offences Act, R.S.O

9 By-law # Page A Police Officer, Police Cadet, Municipal Law Enforcement Officer, or an Officer appointed for carrying out the provisions of the Highway Traffic Act, upon discovery of any vehicle parked in contravention of the provisions of this by-law, may issue a Parking Infraction Notice pursuant to Section 15 of the Provincial Offences Act, R.S.O and may cause such vehicle to be moved or taken to and placed or stored in a suitable place and all costs and charges for the removing, care and storage thereof, if any, are a lien upon the vehicle and may be enforced in the manner provided by the Repair and Storage Liens Act The owner of a vehicle that is found parked or stopped in contravention of this bylaw, even if the owner was not the driver of the vehicle, is guilty of an offence and on conviction is liable to the fine prescribed for the offence unless the owner proves to the satisfaction of the court that at the time of the offence the motor vehicle was in the possession of another person without the owner s consent, express or implied Pursuant to the Municipal Act, the owner or operator of the vehicle may, within seven (7) days exclusive of Saturdays and Sundays and public holidays, after the day when the parking infraction notice is attached to the vehicle or served upon the owner or operator, pay to the County the sum designated by this by-law as the penalty for the purposes for voluntary payment or within fifteen (15) days, pay the set fine amount, which shall be accepted as payment of the penalty in full satisfaction in respect of the alleged offence The voluntary payments that may be made by the owner or operator as provided in Section 35.2 of this by-law, are set out in Schedule 15 of this by-law. 36. Parking restrictions shall not, if compliance thereof would be impractical, apply to: Police or Fire Department vehicles, ambulances Vehicles utilized by the Corporation of the County of Brant and Public Utility vehicles Such exemptions shall apply only while such vehicles are engaged in their official capacity. 37. The Schedules referred to in this by-law shall form a part of this by-law and each entry in a column of such a schedule shall be read in conjunction with all entries across there from, and not otherwise. 38. In the Schedules referred to in this by-law, the abbreviations contained therein, shall be interpreted as follows: adj adjacent Ln Lane S South Ave Avenue m metres SE Southeast Cr Crescent N North St Street Crt Court NE Northeast SW Southwest

10 By-law # Page In this by-law: Dr Drive NW Northwest Terr Terrace E East Pl Place W West int intersection pt point # - number lmt limit Rd Road (c) (d) words importing the singular number or the masculine gender include more persons, parties, or things of the same kind and females as well as males and the 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. 40. Where a distance is used in the by-law as part of a prohibition of parking or stopping within a specified distance of an object, structure, land or part of a highway, such distance shall be measured: (c) 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 highway, unless the context otherwise requires, and from such object, structure, land or part of a highway in all directions. when in reference to an intersection or highway, shall mean from the prolongation of the closest curb line or boundary line of the intersecting highway. 41. Whenever certain hours are named herein they shall mean standard time or daylight savings time whichever is in current use in the County. 42. The various prohibitions of this by-law are cumulative and not mutually selfexclusive. 43. If it is declared that if any section, subsection or part or parts be declared by any Court of Law to be illegal or ultra vires, such part or parts shall be deemed to be severable and all parts are declared to be separate and independent and enacted as such.

11 By-law # Page That the following By-laws and any amendments to said By-laws, and any other previous by-laws regulating parking, are repealed upon the resolution of Council following the receipt of Provincial approval of set fines in respect to this by-law: By-law No of the County of Brant By-law No of the former Town of Paris By-law No of the former Township of Onondaga By-law No of the former Township of Brantford By-law No of the former Township of South Dumfries By-law No of the former Township of Burford By-law No of the former Township of Oakland 45. That this by-law comes into force and effect upon the resolution of Council following receipt of Provincial approval of set fines in respect to this by-law. READ a first and second time this 4 th day of December, 2001 READ a third time and finally passed this in council this 4 th day of December, THE CORPORATION OF THE COUNTY OF BRANT Mayor Clerk