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HomeMy WebLinkAboutWD-68-82 CORPORATION OF THE TOWN OF NEWCASTLE PUBLIC WORKS DEPARTMENT R. DUPUIS, P. ENG., DIRECTOR HAMPTON,ONTARIO TEL.(416)263-2231 LOB 1J0 987-5039 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 13, 1982. REPORT NO. WD-68-82. SUBJECT: PARKING FOR HANDICAPPED PERSONS (RESOLUTION # C-610-82) . RECOMMENDATION: It is respectfully recommended that this report be received for information. BACKGROUND AND REPORT: Resolution # C-610-82 directed: " That Staff review signing for handicapped parking and report to the General Purpose and Admin- istration Committee". The Municipal Act, Chapter 302, Section 210 (118) states that a Council may pass by-laws for exempting, pursuant to permits issued, the owners and drivers of vehicles operated by or carrying a physically handicapped person, from any provision of a by-law passed for prohibiting or regulating the parking, standing or stopping of motor vehicles on any highway. In researching the above, Staff learned that the Town of Lindsay, in October, 1981, enacted a by-law to regulate parking of vehicles for physically handicapped persons; such vehicles had to bear an identifying marker, or sticker, and the owner or operator had to hold a permit specifically issued for the purpose of parking ` exemptions. WD-68-,82 _ 2 _ It was also learned that the Town of Lindsay Chamber of Commerce was the producer and issuing agency of the identification and permits, and the total effort to provide parking for handicapped persons was co-ordinated by the Chamber and the local Social Planning Council . The Corporation of the Town of Lindsay was instrumental , ultimately, in enacting and administering the by-law, a copy of which is attached for information and reference. In view of the data gathered so far, which included on-site inspections of convenient and appropriate parking for physically handicapped vehicles, the following has become evident: 1. Designated parking spaces should not be in close proximity to busy intersections. 2. Spaces provided should provide clear passage to sidewalks , with benefit of ramps for wheelchair access. 3. Where possible, owners of private parking facilities should be requested to designate space for parking for handicapped persons. It is respectfully suggested that the Social Planning Council of Newcastle and the Business Improvement Associations may wish to take an active part in ensuring the provision of adequate and suitable parking spaces for physically-handicapped people, poss- ibly in conjunction with Handi-Transit and other interested agencies in the area. Staff would be pleased to provide any practical assistance, on behalf of the Town, and work in co- ordination with all local B.I.A. groups in achieving the common goal , and thus request the authority to instigate this proposal . Upon the collation of a specific plan, it would be appropriate to submit a further report on the progress of the project. Respectfully submitted, R.G. Dupuis, P. Eng. , Director of Public Works. A4 st 31 , 1982. :vh 260 Chap. 302 MUNICIPAL Sec. 210¶118 iv iv. prohibiting the parking, standing or stopping of motor vehicles on the designated highways or the designated parts of highways during specified hours except by authority of a permit, and v. providing for exemptions from parking, standing or stopping prohibitions of any by-law of the corpora- tion regulating traffic where a permit is used. (a) A by-law passed under this paragraph that affects a• highway designated as a connect- ing link or extension of the King's Highway c.421 under subsection 21 (1)of the Public Transporta- tion and Highway Improvement Act has no effect until it is approved by the Minister of Transpor- tation and Communications. (b) Clause (a) of paragraph 117 applies with necessary modifications to a by-law passed under this paragraph. Parking for 119. For exempting, pursuant to permits issued, the hands alp[xA P F. owners and drivers of vehicles operated by or carrying a physically handicapped person, as defined by the by-law, from any provision of a by-law passed by the council under this Act or under any other general or special Act for pro- hibiting or regulating the parking, standing or stopping of motor vehicles on any highway or part thereof under the jurisdiction of the council. (a) A by-law passed under this paragraph, (i) may provide for the issuing of permits in respect of vehicles that are operated by or that carry a physically handicapped person, as defined in the by-law, (ii) may provide for the manner by which such vehicles shall be identified, (iii) may regulate or prohibit the parking, stand- ing or stopping of motor vehicles in respect of which a permit has been issued pursuant to a by-law passed under this paragraph and the provisions authorized by this subclause may be different from and in conflict with the provisions of any other by-law of the municipality for prohibiting or regulating the parking,standing or stopping of motor vehicles on a highway or part thereof under the jurisdiction of the council, and (iv) shall prohibit the improper use or acquisition of a permit or any decal or ot4ier identifying marker issued in connection with the permit. 1978, c. 101, s. 4 (3). 4, f V BY-LAW NUMBER q3-� � k A BY-LAW TO REGULATE PARKING OF VEHICLES FOR PHYSICALLY HANDICAPPED PERSONS . • a ri THE MUNICIPAL COUNCIL OF THE ;r ' --CORPORATION OF THE TOWN OF LINDSAY ENACTS AS FOLLOWS : ' 1. In this by-law: (a) "identifying marker" shall mean a sticker or other form of display issued in connection with a permit to be placed on exhibit <LS provided for under the provisions of this by-Jaw. (b) "permit" shall mean a permit issued to a ysica�h l p ly handicapped person by the Chamber of Commerce for the Town of Lindsay . (c) "physically handicapped person" shall mean a person who is permanently confin ed to a wheelchair or who is restricted to the permanent use of crutches or � braces or who otherwise is permanently disabled in such a way that his or her mobility is seriously restricted. 2. The Chamber of Commerce for the Town of Lindsay is hereby _ .uthorized to issue permits in respect of vehicles that are operated L1y or used for the conveyance of physically handicapped persons. ' u; The Chamber of Commerce for the Town of Lindsay is hereby au- t :lorized to issue an identifying marker in connection on with a permit sssued pursuant to Section 2. i . No person, other than a physically handicapped person shall icquire or use a permit in respect of a motor vehicle. �. No person, other than a person w1lo has acquired a permit pur- >uant to section 2, shall acquire or use an identifying marker issued n connection with a permit . i 'i Ir -2- r 6. No person shall use, other than in the manner r prop ided for in this by-law, an identifying marker issued in connection with a permit. ; 7. The identifying marker issued in connection with a permit shall be affixed to the sun visor of the driver ' s side of the motor ve- hicle in respect of which such permit was issued, and such identi- y' fying marker shall be affixed in such a manner so that it is readily visible from outside of the vehicle when the visor is turned down. 8. An identifying marker issued in connection with a permit shall €` w� be deemed to be properly displayed when the visor is turned down . and the identifying marker is readily visible from outside of the f vehicle. �. No person shall leave a vehi_cic� its a parking space or area clearly marked for the exclusive: Uso of a physically handicapped person by appropriate signs on any private or municipal property or street or part of a street except z's outlined in paragraph 10. 10. All vehicles parked in a parking space reserved and marked for the exclusive use of physically handicapped persons will display a permit or identifying marker designating the vehicle as being operated by or used for the conveyance of a physically handicap ed � p person as issued by the Chamber of Commerce for the - ` ,Town of Lindsay. 11. Where a motor vehicle parked or left in a parking space contrary to Para graph 9 of P this by-law, such motor vehicle shall be deemed to have violated the provisions of this by-law. 12. The driver of a motor vehicle not being the owner as liable to any penalty provided under this by-lMi- and the owner of the ,} motor vehicle is also liable to such a penalty unless at the s time the-offence was committed trig motor' vehicle was in the possess- .:; ion of a person other than the owner or his chauffeur without the ; owner' s consent , and where a notice of violation is placed on a motor vehicle for an offence against the provisions of this by-law the owner or the driver may male voluntary payment of the penalty -3- out of court, and if the payment: is not made in accordance with this procedure, the provisions of sub-section 2 of Section 466 of the Municipal Act for recovery of penalties shall apply . 13. Where the municipal law enforcement. officer appointed for the enforcement of this by-law finds a motor vehicle which has been left or parked contrary to the provisions of this by-law and in con- flict with posted sign on the property stating conditions on which a vehicle may be parked or left on the property may place a notice of violation on such vehicle stating the provisions which have been violated by such vehicle. Where such notice of violation has been attached to the vehicle, the driver or owner thereof may within forty-eight -(48) hours (exclusive of Sundays and Holidays) of the time when such notice is attached to such vehicle make payment of the penalty in connection therewith to the Lindsay Parking Authority or such other designated official who is authorized to accept such payment . The penalty within such forty-eight hours for and in full satisfaction of the first violation; shall be $5.00. For a second and subsequent violation by a driver or owner of a vehicle at the same parking space, the penalty for and in full satisfaction of such second and subsequent violation shall be $5. 00. 14. The municipal enforcement officer on authorization from the Lindsay Parking Authority may in lieu of placing a notice of violat- ion on any vehicle upon discovery of such vehicle parked or left t in contravention of the provisions 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 removal , case and storeage thereof, if any, shall be lien upon the vehicle which may be enforced in the manner provided by Section 4S of the INIechanics Lien Act . 15. (a) Subject to Paragraph 7 as to the voluntary payment of penalties out ofcc,urt under this by-law, Every person �-vho contravenes this by- law is guilty of an offence and on conviction is liableto a fine of not more than ($10. 00) Ten Dollars for the first offence and to -4- not more than ($25. 00) Twenty-five doll�Lrs for every subsequent offence, exclusive of costs. (b) The owner of a vehicle that i:; parked or stopped or left standing in contravention of this by-law is guilty of an offence and on conviction is liable to a fine of not morethan ($10. 00) Ten Dollars for the first. offence and to not more than ($25.00) Twenty-five Dollars for every subsequent offence, exclusive of costs unless the owner proves to the satisfaction of the cotirL that at the time of the offence the motor vehicle was in possession of another person without the owner' s consent, express or implied. 16. This by-law shall come into force and take effect when it is finally passed and after suitable and appropriate signs have been erected and are on display . Read a first time on : OCT 19 1981 Read a second time on : OCT 19 1981 � v�� .� �� _Iti�AYOR Read a third time and finally passed on: CCT 1 C '1931 - �`�✓J CLERK K ADMINISTRATOR mq — —` �� ' " r�.. c�!.��� +' u..to;n.i'.$iT¢1�;,T"...55�`��,`� {:2P._a..�,,,�i„✓'.'�a tr.;i`rv,. •;; 9 .�ra..u.s..v.