HomeMy WebLinkAboutEGD-015-14 Gadtwn REPORT
ENGINEERING DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 5, 2014 Resolution#: By-law#:
Report#: EGD-015-14 File#:
Subject: PROPOSED AMENDMENTS TO TRAFFIC BY-LAW 91-58 AND
REPLACEMENT WITH A NEW CONSOLIDATED TRAFFIC AND PARKING BY-
LAW
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report EGD-015-14 be received;
2. THAT the Traffic By-law 91-58 and all its attached schedules and amendments to
it be repealed and replaced by the attached new Traffic and Parking By-law and
schedules as detailed in this report; and
2. THAT the Mayor and Municipal Clerk be authorized to execute the proposed By-
law attached to this report.
Submitted by: Reviewed by:
A. S. Cannella nklin Wu,
Director of Engineering 14d,Chief Administrative Officer
Services
ASC/LJB/dv
April 25, 2014
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: EGD-015-13 PAGE 2
1.0 BACKGROUND
1.1 Traffic By-law 91-58 has existed for over 20 years and has received almost 200
amendments to its main section and attached schedules. The purpose of the
Traffic and Parking By-laws is "to regulate traffic and parking on highways,
private property and municipal property." Specifically, the by-law empowers
Municipal Law Enforcement Officers and police services to enforce traffic and
parking regulations such as No Stopping, No Parking, speed limits, school bus
loading zones, parking meter zones, accessible parking spaces, reduced load
periods and many other traffic and parking regulations. This report has been
prepared to consolidate the amendments, address minor housekeeping issues
and amend some schedules. Staff recommend that By-law 91-58 be repealed
and replaced with a new comprehensive by-law (Attachment #1), to improve
clarity and enforcement.
2.0 UPDATES TO THE BY-LAW
2.1 Main Body of Traffic By-law
The main body of the By-law as a whole has been updated to redefine,
reorganize and renumber various sections to improve clarity.
Some new sections have been added; namely:
• Commercial Vehicles
• Retail Sales
• Community Safety Zones
• Municipal Safety Zones
• Accessible Parking (updated)
• Bicycles
2.2 List of Schedules
The "List of Schedules"to the new Traffic and Parking By-law is renamed,
reorganized and renumbered. All schedules have been consolidated to
include almost 200 previous amendments.
3.0 CHANGES/ADDITIONS TO THE SCHEDULES
3.1 In addition to incorporating previously approved by-law amendments into
the new consolidated by-law, staff have added and deleted certain lines in
Schedules. For example:
• Additions have been made to No Stopping Zones and No
Parking Zones including no parking in rear lanes.
• The Through Highway schedule has been updated to reflect
the addition of new roads and new stop conditions.
• The maximum Rate of Speed on Highways schedule now
includes the 40 kph zone on West Beach Road and other
updates.
REPORT NO.: EGD-015-13 PAGE 3
• Ontario Street Public School is now closed and St Joseph's
Secondary School has changed their school bus loading
location. These changes are reflected in the School Bus
Loading Zone schedule.
• Additions have been made to the On-Street and Off-Street
Parking for Persons with a Disability schedules.
• Traffic and parking regulations relating to roundabouts have
been added.
• A new schedule has been added to establish Community
Safety Zones.
• A new schedule has been added to establish Designated
Bicycle Lanes.
• A new schedule has been added to establish Municipal Safety
Zones where violations to No Stopping or No Parking can
result in a double fine.
4.0 CONCURRENCE
This report has been reviewed by the Municipal Solicitor, the Municipal Clerk and
the Manager of Municipal Law Enforcement who concur with the
recommendations.
5.0 CONCLUSION
It is staff's opinion that this consolidated By-law and amendments to it are
appropriate and will be easier to enforce, and staff respectfully recommend that
the amended by-law be approved. At the time of execution of the By-law, all
schedules will be attached.
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Leslie J. Benson, Manager Development Engineering and Traffic
Attachments:
Attachment 1 - Proposed consolidated Traffic and Parking By-law
including new schedules:
Attachment#1
EGD-015-14
DRAFT
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO,2014-
A By-law to regulate traffic and parking on highways,
private property and municipal property
Whereas pursuant to the Municipal Act, 2001, S.O. 2001, c.25 and the Highway Traffic
Act, R.S.O. 1990, c. H.8 municipalities may pass by-laws to regulate traffic and parking
on.highways, private property and municipal property.
Now therefore the Council of the Corporation of the Municipality of Clarington hereby
enacts as follows:
Interpretation
1. In this by-law,
"authorized sign"means a sign or other device placed or erected on a highway or
elsewhere pursuant to this by-law and includes official signs;
"boulevard"means all parts of a highway except any roadway, shoulder or
sidewalk;
"Director"means the Municipality's Director of Engineering Services or a
designate;
"driveway"means improved land on a highway which provides vehicular access
from a roadway to a laneway or a parking area on adjacent land;
"emergency vehicle"has the same meaning as in section 144 of the HTA;
"high density residential"means a site which contains six or more residential
units;
"highway" has the same meaning as in subsection 1(1)of the HTA and includes
unopened and unassumed road allowances;
"HTA"means the Highway Traffic Act, R.S.O. 1990, c. H.8;
"holiday" has the same meaning as in section 87 of the Legislation Act, 2006,
S.O. 2006, c. 21, Sch. F;
"laneway"means improved land adjacent to a highway which provides access
from the highway to adjacent property and includes routes constructed for the
purposes of providing site access for emergency vehicles, maintenance vehicles,
pedestrians and/or stormwater management;
"Municipality"means The Corporation of the Municipality of Clarington or the
geographic area of Clarington as the context requires;
"Municipal property"means property of the Municipality or any board of the
Municipality;
"Officer"means a police officer as defined in subsection 2(1)of the Police
Services Act, R.S.O. 1990, c. P.15 or a municipal law enforcement officer or
parking enforcement officer appointed by the Municipality pursuant to subsection
15(1) of the Police Services Act to enforce the provisions of this by-law;
Traffic and Parking By-law No:2014-XXX Page 2
"parking space"means that part of the surface of a roadway, municipal property
or private property designated by painted lines for the purpose of parking a
vehicle;
"pedestrian"means a person on foot, in a wheeled chair or baby carriage;
"shoulder"means that part of a highway immediately adjacent to the travelled
portion of the roadway and having a surface that has been improved with asphalt,
concrete or gravel for the use of vehicles; and
"sidewalk"means that part of a highway set aside for the use of pedestrians or
used by the general public for the passage of pedestrians.
2. In this by-law, unless otherwise specified,
(a) "bicycle", "bus", "crosswalk", "intersection", "official sign", "park"or
"parking", "roadway", "stop"or"stopping","through highway"and "vehicle"
have the same meanings as in subsection 1(1) of the HTA;
(b) where any expression of time occurs or where any hour or other period of
time is stated,the time referred to shall be standard time except in periods
when daylight saving time is in effect, in which periods it shall be daylight
saving time;
(c) a grammatical variation of a word or expression defined has a
corresponding meaning;
(d) each entry in a column of a Schedule shall be read in conjunction with the
entry or entries across from it;
(e) references to sections, subsections, clauses and Schedules are
references to sections, subsections, clauses and Schedules in this by-law;
and
(f) reference to any Act, Regulation or By-law is reference to that Act,
Regulation or By-law as it is amended or re-enacted from time to time.
3. This by-law shall be read with all changes in gender or number as the context
requires.
4. If a court of competent jurisdiction declares any section, or any part of any
section, of this by-law to be invalid, or to be of no force or effect, it is the intention of the
Municipality that every other provision of this by-law be applied and enforced in
accordance with its terms to the extent possible according to law.
5. The following Schedules are attached to and form part of this by-law:
Schedule 1 -No Stopping
Schedule 2—No Parking
Schedule 3—Parking for Restricted Periods
Schedule 4—Reserved On-street Parking
Schedule 5—Parking Meter Zones on Highways
Schedule 6—Parking Meter Zones on Municipal Property
Schedule 7—Loading Zones
Schedule 8—One Way Highways
Schedule 9—.Through Highways
Schedule 10—Stop Signs
Schedule 11 —Yield Right-of-way Signs
Schedule 12—Maximum Rate of Speed on Highway
Schedule 13—Maximum Rate of Speed Passing Over a Bridge
Schedule 14—Highways Exempt from Weight Restrictions
Schedule 15—School Bus Loading Zones
Schedule 16—Accessible On-street Parking
Schedule 17—Turning Movements Prohibited
Traffic and Parking By-law No. 2014-XXX Page 3
Schedule 18—Designated Bicycle Lanes
Schedule 19—Designated Turn Lanes
Schedule 20—Municipal Safety Zones
Schedule 21 —Community Safety Zones
6. The distances identified on the Schedules shall be determined by measuring
from the extension of the nearest curb line or, if there is no curb,from the nearest edge
of the pavement.
General
7. The Director is authorized to place, erect and maintain such signs as are
required to give effect to the provisions of this by-law.
8. The Chief of Police of the Durham Regional Police Service or a designate and
the Director are authorized to erect or place temporary"No Parking"signs and"No
Stopping"signs on any highway.
9. No person shall place, maintain or display on any highway, any sign, marking or
device,which purports to be or is an imitation of or resembles an authorized sign or an
official sign.
General Stopping and Parking Regulations
10. No person shall park or stop any vehicle on any highway except,
(a) where there is a curb, on the right side of the roadway, having regard to
the direction such vehicle was proceeding,with right front and right rear
wheels parallel to and not more than 15 centimetres out from such curb; or
(b) where there is no curb,with the right front and right rear wheels parallel to
and as near to the right hand limit of the highway as is practicable without
parking or stopping on or over a sidewalk,footpath or boulevard.
11. No person shall park or stop any vehicle,
(a) except wholly within a parking space;
(b) so as to occupy more than one parking space; or
(c) in such a manner as will prevent other persons from utilizing adjacent
parking spaces or obstruct the flow of traffic.
.12. (1) In this section, "bus stop"means that part of the highway designated by a
sign where buses will stop to take on or let off passengers and includes 30 metres in
advance and 18 metres beyond the sign.
(2) No person shall stop any vehicle on any highway,
(a) on or over a sidewalk or footpath;
(b) within an intersection, roundabout or crosswalk;
(c) within 15 metres of a crosswalk;
(d) in such a manner as to interfere with highway cleaning operations;
(e) on the roadway alongside of any stopped or parked vehicle;
(f) upon any bridge or elevated structure or within any tunnel or underpass;
(g) on any median strip separating two roadways or adjacent to either side or
ends of such median strip;
Traffic and Parking By-law No. 2014-XXX Page 4
(h) in a bus stop, except to temporarily stop for the purpose of and while
actively engaged in loading or unloading passengers when such stopping
does not interfere with any bus;
(i) alongside or across a highway from any excavation or obstruction in the
roadway where the free flow of traffic would thereby be impeded;
(j) in such a manner as to interfere with the movement of traffic; .
(k) within 1 metre of a driveway or laneway or so as to obstruct vehicles in the
use of the driveway or laneway;
(1) within 30 metres in advance of and 15 metres beyond any traffic signal or
school crossing measured in the direction of travel of the vehicle where
authorized signs to that effect are erected;
(m) within 6 metres of a commercial, industrial, institutional or high density
residential entrance; or
(n) within 15 metres of an intersecting roadway or,where authorized signs to
that effect are erected,within a distance of up to 30 metres of an
intersection.
13. (1) No person shall park any vehicle on a highway,
(a) within 1 metre of a driveway or laneway or so as to obstruct vehicles in the
use of the driveway or laneway;
(b) within 3 metres of a point on the curb or edge of the roadway adjacent to
any fire hydrant;
(c) within 15 metres of an intersection or,where authorized signs to that affect
are erected,within a distance of up to 30 metres of an intersection;
(d) on or over any boulevard;
(e) for the purpose of displaying a vehicle for sale;
(f) for the purpose of washing, greasing or repairing a vehicle except for such
repairs as have been necessitated by an emergency;
(g) within the approach lanes and circle of a roundabout;
(h) within 30 metres in advance of and 15 metres beyond the nearest rail of
any level crossing of a railway, measured in the direction of travel of the
vehicle;
(i) between the hours of 3:00 a.m. and 5:00 a.m.;
Q) for a period longer than 3 hours;
(k) in the centre of a cul-de-sac;
(1) within 15 metres of the end of the roadway on a dead end highway;
(m) within 6 metres of a commercial, industrial, institution or high density
residential entrance;
(n) within 3 metres of a community mailbox; or
(o) when snow is being ploughed or removed from any part of a highway.
(2) Notwithstanding clause 13(1)(d); parking on the paved portion of the driveway
apron is permitted provided that the vehicle does not encroach on the sidewalk, or the
travelled portion of the roadway.
Traffic and Parking By-law No.2014-XXX Page 5
14. Where appropriate signs are displayed, no person shall park any vehicle on,
(a) private property without the consent of the owner or occupant of such
property; or
(b) any roadway or laneway on private property marked as a fire route by a
sign displaying the information "No.Parking"or a symbol in lieu thereof
and the words"Fire Route".
15. No person shall park or stop any vehicle on Municipal property,
(a) where, by means of one or more signs, it is indicated that parking or
stopping is not permitted; or
(b) in contravention of posted terms and conditions.
16. No person shall park any vehicle,
(a) within 30 metres of a Regional road on an intersecting highway under the
jurisdiction of the Municipality; or
(b) on any highway within 8 metres of any fire hall on the side of the highway
on which the fire hall is located or within 30 metres of such fire hall on the
opposite side of the highway.
17. Nothing in sections 10 through 16 shall be deemed to permit the stopping or
parking of a vehicle where stopping or parking is prohibited.
Commercial Vehicles
18. (1) In this section, "commercial vehicle" means any vehicle designed or
operated for construction activity,the transportation of property, or a bus, excluding
public transit vehicles,which vehicle or bus exceeds 2.6 metres in width or 7 metres in
length.
(2) No person shall park any commercial vehicle on any highway, except in an
industrial area, unless the commercial vehicle is actually engaged in the loading and
uploading, delivery and receipt of goods,wares, merchandise or passengers to adjacent
premises.
Permit Parking
19. (1) In this section, "parking permit"means a permit issued by the Municipal
Clerk for the purpose of providing exemptions from certain parking prohibitions.
(2) No person shall use a parking permit in a manner or for a purpose not provided
for in this section.
(3) A parking permit shall be displayed by affixing it to the rear view mirror or on the
lower right corner of the windshield on the passenger's side of a motor vehicle parked
on the street named on the parking permit.
(4) A parking permit shall be valid unless it has been cancelled by the Municipal
Clerk.
Retail Sales
20. (1) No person shall sell or offer for sale by retail any goods,wares,
merchandise, produce,food or other edible substance or beverage within the limits of
any highway.
(2) Any Officer who has reason to believe that any object or thing referred to in
subsection (1)is placed or left on any highway in contravention of this by-law may
cause the object or thing to be removed and taken to and stored in a suitable place and
all costs and charges for such removal and storage shall be a lien upon it which may be
Traffic and Parking By-law No. 2014-XXX Page 6
enforced in the manner provided by the Repair and Storage Liens Act, R.S.O. 1990, c.
R.25.
(3) Any object or thing removed and stored in accordance with subsection (2)and
not claimed by the owner within 60 days shall become the property of the Municipality
and may be sold and the proceeds shall form part of the general funds of the
Municipality.
(4) Notwithstanding subsections (2)and (3), anything that is perishable shall become
the property of the Municipality immediately upon being removed and may be destroyed
or given to any charitable institution.
(5) This section shall not apply to any retail activity in respect of which the
Municipality has issued a licence.
Stopping Prohibitions on Specific Highways
21. No person shall stop a vehicle where signs are displayed on any highway on that
side and between those limits set out in Columns 1, 2 and 3 of Schedule 1 during the
prohibited times or days set out in Column 4 of Schedule 1.
Parking Prohibitions on Specific Highways
22. No person shall park a vehicle where signs are displayed on any highway on that
side and between those limits set out in Columns 1, 2 and 3 of Schedule 2 during the
prohibited times or days set out in Column 4 of Schedule 2.
Parking for Restricted Periods
23. No person shall park a vehicle on any highway on that side and between those
limits set out in Columns 1, 2 and 3 of Schedule 3 for periods of time exceeding those
set out in Column 4 of Schedule 3.
Reserved On-Street Parking
24. (1) In this section, "veteran"means military veteran who has served or is
serving in the Canadian Forces.
(2) No person shall park a vehicle on any highway on that side and between those
limits set out in Columns 1, 2 and 3 of Schedule 4 other than the current mayor of the
Municipality and veterans.
Parking Meter Zones
25. The erection, maintenance and operation of a parking meter and the designation
of a parking space in connection with such parking meter is hereby authorized,
(a) on the highway, at the sides and between the limits set out in Columns 1,
2 and 3 of Schedule 5 for the purpose of controlling and regulating parking
during the days and hours set out in Column 4 of Schedule 5; and
(b) at the municipal address set out in column 1 of Schedule 6 for the purpose
of controlling and regulating parking during the days and hours set out in
Column 2 of Schedule 6.
26. Where a fee is stipulated for a given parking period in a parking space,the fee
shall be paid for that period or any portion thereof, and the period shall be as measured
by the parking meter controlling such parking space.
27. No person shall deposit or cause to be deposited in any parking meter any slug,
device or other substitute for a coin of Canada.
28. Where parking meters have been erected on a highway, no person shall park
any vehicle in a parking space unless the parking meter controlling such parking space
Traffic and Parking By-law No. 2014-XXX Page 7
is used and a fee is deposited in accordance with the rate set out in Column 5 of
Schedule 5 or for a longer period than that set out in Column 6 of Schedule 5.
29. Where parking meters have been erected on Municipal property, no person shall
park any vehicle in a parking space on such Municipal property unless the parking
meter controlling such parking space is used and a fee is deposited in accordance with
the rate set out in Column 3 of Schedule 6 or for a longer period than that set out in
Column 4 of Schedule 6.
30. Where parking meters have been erected, no person shall park any vehicle in a
parking space for a period longer than 3 hours during the times or days such parking
space is not controlled by a parking meter.
31. • (1) Where parallel parking is permitted in connection with a metered parking
space, no person shall park a vehicle in such parking space unless the front of the
vehicle is opposite to the parking meter except that, in any case when two meters are
mounted on the same standard,the rear of the forward vehicle shall be opposite to, or a
close as is practicable to, the forward parking meter and the front of the rear vehicle
shall be opposite to, or as close as is practicable to, the rear meter.
(2) Notwithstanding subsection (1), if a single parking meter has been erected at the
rear of a parking space,with respect to the direction of travel, no person shall park in
such parking space unless the rear of such vehicle is opposite to the parking meter
provided for such space.
32. Where angled parking is permitted in connection with a metered parking space,
no person shall park a vehicle in a parking space unless the front of such vehicle is a
close as is practicable to the parking meter for such space.
33. If a metered parking space has been designated by lines painted on the
roadway, no person shall park any vehicle in such a manner that it is not wholly within
the area designated as a parking space unless such vehicle is of such length or width
as to render it impossible to park it in one parking space, in which case the adjoining
parking space shall also be used and the necessary deposit of coins shall be made in
the parking meters provided for both parking spaces.
34. (1) No person shall park a vehicle or permit a vehicle to remain parked in a
metered parking.space where the parking meter has been covered with a parking meter
cover to indicate that it is not to be used.
(2) Notwithstanding subsection (1), a person authorized by the Director may park a
vehicle in a parking meter space where the parking meter has been covered with a
parking meter cover or removed to indicate reserved parking and stating "No Parking".
(3), Notwithstanding subsection (1), Council, by resolution, may designate an area or
areas for a certain period to be exempt from the payment of parking fees and any areas
so designated shall be denoted by a parking meter cover placed over the meter.
Loading Zones
35. No person shall park a vehicle on any highway on that side and between those
limits set out in Columns 1,2 and 3 of Schedule 7 unless the vehicle is actually
engaged in the loading and uploading,delivery and receipt of goods,wares,
merchandise or passengers to adjacent premises.
One-Way Highways
36. No person shall travel on any highway between those limits and during the times
of day set out in Columns 1,2 and 3 of Schedule 8 in the direction opposite to that set
out in Column 4 of Schedule 8.
Traffic and Parking By-law No. 2014-XXX Page 8
Through Highways
37. (1) The highways set out in Schedule 9 are designated as through highways
for the purposes of the HTA.
(2) Any designation under subsection (1) shall not include any intersection where the
highway intersected is a King's highway or where traffic control signals are installed.
Stop Signs
38. The erection of stop signs is authorized at each of the intersections set out in
Column 1 on the highway approaches as identified in Column 2 of Schedule 10.
Yield Signs
39. The erection of yield right-of-way signs is authorized at each of the intersections
set out in Column 1 on the highway approaches as identified in Column 2 of Schedule
11.
Rate of Speed
40. No person shall drive a vehicle at a rate of speed greater than 50 km/h unless
otherwise posted.
41. Where any highway or portion of highway set out in Schedule 12 is signed in
compliance with the regulations under the HTA,the maximum rate of speed thereon
shall be the rate of speed prescribed in Schedule 12.
Maximum Rate of Speed Passing Over a Bridge
42. No person shall pass over a bridge identified in Column 1 at a rate of speed
greater than that set out in Column 2 of Schedule 13.
Reduced Load Highways.
43. For the purposes of subsections 122(1), (2)and (3)of the HTA,the reduced load
period shall commence on March 1St of each year and end on April 30th of each year.
44. The highways or portions thereof set out in Schedule 14 are exempt from the
reduced load restriction.
School Bus Loading Zones
45. No person shall stop a vehicle, other than a school bus actually engaged in the
receiving or discharging of school children, in any school bus loading zone on any
highway on that side and between those limits set out in Columns 1, 2 and 3 during the
prohibited times and days set out in Column 4 of Schedule 15.
Accessible Parking
46. (1) In this section,
"accessible parking permit"means an accessible parking permit issued under the
HTA or a similar permit, number plate or other marker or device bearing the
international symbol of access for a person with a disability and issued by
another jurisdiction;
"designated parking space"means a parking space identified by an official sign
for the exclusive use of a vehicle displaying an accessible parking permit;
"dwelling unit"shall mean one or more habitable rooms occupied or capable of
being occupied as a single, independent and separate housekeeping unit
containing a separate kitchen and sanitary facilities;
Traffic and Parking By-law No. 2014-XXX Page 9
"parking lot" means any parking lot or other parking facility, to which the public
has access, whether on payment of a fee or otherwise, for the purpose of parking
vehicles; and
"person with a disability" has the same meaning as in section 1 of Reg. 581,
R.R.O. 1990.
(2) An accessible parking permit issued to an individual is not valid when displayed
on a vehicle and the vehicle is not being used to pick up or transport the holder of the
accessible parking permit.
(3) An accessible parking permit issued to a corporation or organization is not valid
when displayed on a vehicle and the vehicle is not being used to pick up or transport a
person with a disability.
(4) An accessible parking permit shall be displayed on the sun visor or on the
dashboard of a vehicle so that the international symbol of access for a person with a
disability, the permit number and the expiry date of the permit are clearly visible from
the outside of the vehicle.
(5) Every owner and operator of a parking lot shall provide a minimum number of
designated parking spaces therein in accordance with clause 3.16(b)(ii) of Zoning By-
law 84-63.
(6) For the purpose of calculating the required minimum number of designated
parking spaces for multi-unit residential developments consisting of 10 or more dwelling
units, the requirements of subsection (5) shall be applied only to the visitor parking
provided for the development.
(7) Each designated parking space shall be,
(a) hard surfaced and be painted with a non-slip paint in bright blue for the
entire surface,with the universal symbol of access overlaid in white or
yellow paint;
(b) level;
(c) of the dimensions consistent with clause 3.16(b)(i) of Zoning By-law 84-63;
(d) located so sidewalks, paths or walkways will be accessible to persons with
a disability whether via ramps, aisles, depressed curbs, or other
appropriate means without requiring a person to pass behind parked cars
or cross a traffic lane;
(e) located with sufficient clearance around the vehicle in terms of other
vehicles or obstacles such as light standards and waste receptacles to
permit free access by a wheelchair;
(f) identified by the official sign mounted with the base of the sign no less
than 1.7 metres and no more than 2.0 metres above grade; and
(g) located in a place approved by the Municipality.
(8) Where the Municipality permits a gravel surfaced parking space, each
designated parking space shall,
(a) be identified with a pre-cast bumper curb across its entire width painted a
bright blue and securely anchored in place; and
(b) meet the requirements of clauses(b)through (g) inclusive of subsection
(7)
Traffic and Parking By-law No. 2014-XXX Page 10
(9) No person shall park such a vehicle in a designated parking space unless,
(a) the vehicle is displaying a valid accessible parking permit; and
(b) the vehicle is being operated by or is conveying the person with a disability
to whom the accessible person parking permit has been issued.
(10) Designated parking spaces on Municipal streets and highways are described in
Schedule 10.
(11) Designated off-street parking spaces located on Municipally-owned or privately
owned property are enforceable when accessible parking signs are displayed in
accordance with provincial regulations.
Turning Movements Prohibited
47. No vehicle in any intersection or portion of highway set out in Column 1 of
Schedule 17 proceeding in the direction or emerging from a property set out in Column
2 of Schedule 17 shall be turned in the direction set out in Column 3 of Schedule 17,
during the times or days set out in Column 4 of Schedule 17.
Bicycles
48. (1) No person shall ride a bicycle with one wheel greater than 50 centimetres
in diameter or other vehicle however powered along or upon any sidewalk, or parts of
sidewalks, or ride such bicycle or other vehicle upon a pathway or foot path used or set
apart for the use of pedestrians and forming part of any highway or bridge, boulevard,
park, park lot, garden or other place set apart for ornament or embellishment or for
public recreation,within the limits of the Municipality.
(2) Subsection (1)shall not apply to persons with disabilities or other persons
requiring the use of such vehicles as may be necessary for their means of mobility.
49. Those parts of highways set out in Column 1 of Schedule 18, having been
divided into clearly marked lanes for traffic between the limits,set out in Column 2 and
Column 3 of Schedule 18, designated for travel only in the direction set out in Column 4
of Schedule 18, are reserved for the use of bicycles only.
50. Where a lane of a highway has been reserved for the use of bicycles only, no
person shall,
(a) drive a vehicle other than a bicycle in such lane; or
(b) stop or park a vehicle in such lane other than an emergency vehicle or
public utility emergency vehicle, or a vehicle actually engaged in works
undertaken for or on behalf of any municipal corporation, including public
transit vehicles and waste collection vehicles.
51. Persons operating bicycles upon a roadway shall ride in single file.
52. A person operating a bicycle upon a roadway shall ride as near to the right hand
side of the roadway as practicable and shall exercise due care when passing a standing
vehicle or one proceeding in the same direction.
53. No person riding a bicycle to carry anything thereon shall do so in such a manner
as to prevent,or interfere with,full control of such bicycle while upon any highway.
54. No person shall leave a bicycle lying on any public sidewalk, or park, or leave
such bicycle against any window, or in front of or across any door,stairs.or entranceway
to any building so as to obstruct or interfere with ingress to or egress from such building.
Traffic and Parking By-law No. 2014-XXX Page 11
Designated Turn Lanes
55. The highways set out in Column 1 of Schedule 19, between the limits set out in
Column 2 of Schedule 19, in the lanes set out in Column 3 of Schedule 19, during the
times set out in Column 4 of Schedule 19, and in the directions set out in Column 5 of
Schedule 19 are designated turn lanes.
Community Safety Zones
56. The highways or portions thereof set out in Column 1 of Schedule 20 between
the limits set out in Column 2 of Schedule 20 and during the times set out in Column 3
of Schedule 20 are designated as community safety zones.
Municipal Safety Zones
57. (1) In this section, "municipal safety zone" means that part of the highway and
the fire route connected to that part of the highway where parking and stopping
restrictions are in force and where all applicable fines for parking and stopping are
doubled.
(2) The highways set out in Column 1 of Schedule 21, between the limits set out in
Column 2 of Schedule 21, on the side set out in Column 3 of Schedule 21 and during
the times or days set out in Column 4 of Schedule 21 are designated as municipal
safety zones.
Enforcement
58. Every person who contravenes any provision of this by-law is guilty of an offence
and upon conviction is liable to a fine for each offence as provided for in the Provincial
Offences Act, R.S.O. 1990, c. P.33. For purposes of this section, a separate violation
shall be deemed to have been committed for each and every day during which any such
contravention continues, and conviction in respect of a contravention shall not operate
as a bar to further prosecution if such contravention continues.
59. Part II of the Provincial Offences Act applies in respect of all parking infractions
under this by-law.
60. Any Officer, upon discovery of any vehicle parked or stopped in contravention of
this by-law, may cause it to be moved or taken to and placed or stored in a suitable
place and all costs and charges for removing, care and storage thereof, if any, are a lien
upon the vehicle,which may be enforced in the manner provided by the Repair and
Storage Liens Act.
61. Where a vehicle has been parked or stopped in contravention of this by-law, the
owner of the vehicle, notwithstanding that the owner was not the driver of the vehicle at
the time of the contravention, is guilty of an offence 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.
62. For the purposes of this by-law,where a number plate issued pursuant to the
HTA is exposed on a vehicle,the holder of the permit corresponding to such plate shall
be deemed to be the owner of that vehicle and, if such vehicle is found in contravention
of this by-law,the owner shall be guilty of an offence unless the number plate was used
without the owner's consent.
63. The provisions of this by-law may be enforced by any Officer.
Application
64. This by-law applies to all highways under the jurisdiction of the Municipality and,
where applicable,to Municipal property and private property.
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65. This by-law shall not, if compliance therewith would be impracticable, apply to,
(a) emergency vehicles or public utility vehicles;
(b) vehicles actually engaged in works undertaken for or on behalf of any
municipal corporation; or
(c) vehicles actually forming part of a funeral procession for as long as may
reasonably be required for the purpose of such funeral.
66.. This by-law shall come into force and take effect on the date that the Chief Judge
of the Ontario Court(Provincial Division) approves set fines for offences under this by-
law.
67. Sections 14, 15, 21,22, 23, 24, 35, 36, 38, 39, 45,46,47, 56 and 57 shall not be
effective unless authorized signs that clearly indicate the regulation or prohibition have
been erected.
BY-LAW passed this day of May, 2014
Adrian Foster, Mayor
C.Anne Greentree, Deputy Municipal
Clerk