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HomeMy WebLinkAboutBy-law 1296/81THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NO. 1296/81 Being a By-Law to amend By-Law 851/78 providing for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the Corporation of the Town of Picker- ing and on private and municipal property. WHEREAS, By-Law 851/78, as amended, provides for the regulating of parking, standing and stopping on highways or parts of highways under the jurisdiction of the Corporation of the Town of Pickering and on private and municipal property; and WHEREAS, pursuant to paragraph 107b of section 1 of section 354 of The Municipal Act, R.S.O. 1980, chapter 284, as amended, by-laws may be passed by a council of a local municipality 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 prohibiting or regulating the parking, standing or stopping of motor vehicles on any highway or part thereof under the jurisdiction of the council; and WHEREAS, pursuant to paragraph 131a of subsection 1 of section 354 of the said Act, by-laws may be passed by a council of a local municipality for requiring the owners or operators of parking facilities to which the public has access to provide designated parking spaces for the sole use of vehicles operated by or conveying a physically handicapped person and for prohibiting the use of such spaces by other vehicles; NOW THEREFORE, the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: 1. By-Law 851/78, as amended, is hereby further amended by adding thereto the following sections: EXEMPTIONS FOR PHYSICALLY HANDICAPPED PERSONS' VEHICLES 10a. (1) In this section, and in section 10b, (a) "parking exemption permit" means a permit issued by the Town pursuant to this section in respect of a vehicle operated by or carrying a physically handi- capped person; (b) "parking exemption marker" means a device issued by the Town pursuant to this section to a holder of a parking exemption permit to identify the vehicle in respect of which the permit was issued; (c) "physically handicapped person" means a person who is physically disabled, by factors other than blindness, such that he or she is, (i) confined to a wheelchair; (ii) restricted to the use of crutches, braces or both; or (iii) otherwise seriously limited in mobility; -2- (d) "vehicle" means an automobile, van, light truck and any other vehicle propelled or driven other than by muscular power, that is authorized, by provincial permit issued pursuant to The Highway Traffic Act, R.S.O. 1970, chapter 202, as amended from time to time, to be operated on a public highway in Ontario, but does not include a motorized snow vehicle, bus or mobile home. (2) The Town Clerk shall issue a parking exemption permit, or a renewal thereof, in respect of a vehicle to the owner of such vehicle upon the owner providing, (a) satisfactory proof of ownership of the vehicle, (b) satisfactory evidence that, (i) an habitual operator of the vehicle, or (ii) a person habitually carried in the vehicle, is a physically handicapped person, and (c) a permit fee in the amount of $2.00. (3) A parking exemption permit, and any renewal thereof, shall be issued for a maximum period of one calendar year and shall expire, (a) with the 31st day of December of the year in which the permit or renewal was issued; (b) upon the physically handicapped person, with respect to whom the permit or renewal was issued, ceasing to be a physically handicapped person; or (c) upon the owner of the vehicle ceasing to own the vehicle, unless the permit or renewal is transferred to another vehicle within sixty days of the cessation of ownership. (4) The Town may, at any time, require the holder of a parking exemption permit, or any renewal thereof, to submit satisfactory evidence that the physically handi- capped person, with respect to whom the permit or renewal was issued, continues to be a physically handicapped person. (5) Upon the issuance of a parking exemption permit, and from time to time thereafter as required, the Town Clerk shall provide to the holder of the permit, a parking exemption marker which shall be affixed by the holder of the permit to the sun visor on the driver's side of the vehicle in respect of which the permit was issued. (6) Where a vehicle, in respect of which a parking exemption permit is in effect and on which a parking exemption marker is properly displayed, is operated by or is carrying a physically handicapped person, the owner and driver of such vehicle are exempt from the provisions of, (a) subsection (3) of section 9, of this By-Law. (7) A parking exemption marker issued under subsection (5), above, shall be deemed to be properly displayed only when the sun visor to which it is required to be affixed is turned down and the marker is readily visible from outside the vehicle. - 3 - (8) (a) No person, being the owner of a vehicle of which physically handicapped person is not an habitual operator or in which a physically handicapped person is not habitually carried, shall acquire a parking exemption permit or a parking exemption marker, or both, in respect of that vehicle. a (b) No person, being the operator of a vehicle, shall knowingly or not knowingly display or allow to be displayed, a parking exemption marker, (i) when that operator is not a physically handicapped person, or (ii) when that vehicle is not carrying a physically handicapped person. (c) No person, being the operator of a vehicle, shall knowingly or not knowingly display or allow to be displayed, a parking exemption marker on a vehicle other than the vehicle in respect of which the parking exemption marker was provided. PARKING SPACES FOR PHYSICALLY HANDICAPPED PERSONS' VEHICLES 10b. (1) In this section, (a) "designated parking space" means a part of the surface of a parking lot designated by an author- ized sign to be for the sole use of a vehicle operated by or conveying a physically handicapped person; (b) "parking lot" means any parking lot or other park- ing facility, to which the public has access, whether on payment of a fee or otherwise, for the purpose of parking vehicles. (2) Every owner and operator of a parking lot shall provide a minimum number of designated parking spaces therein in accordance with the following Table: Total Number of Parking Spaces in Parking Lot Required Minimum Number of Designated Parking Spaces 1. 1 - 100 2. 101 - 200 3. 201 - 400 4. 401 - 800 5. Over 800 0 1 2 4 4 plus 1 for each additional 400 parking spaces in parking lot (3) Each designated parking space shall, (a) have a minimum width of four metres (4m), (b) be clearly marked, at the owner or operator's expense, with a sign, authorized for the purpose by the Town's Director of Public Works, and (c) be located in a place approved by the Town's Director of Planning. - 4 - (4) No person, being the operator of a vehicle, shall park such vehicle in a designated parking space, unless, (a) the vehicle is a vehicle in respect of which a parking exemption permit is in effect and on which a parking exemption marker is properly displayed, and (b) the vehicle is being operated by or is conveying a physically handicapped person. 2. Clause (d) of subsection (1) of section 11 of the said By-Law, as amended, is hereby revoked and the following substituted therefor: (d) Twenty-Five Dollars ($25.00) for each offence, exclusive of costs, where the contravention is of the provisions of sub- section (6a) of section 3 or of subsection (4) of section 10b of this By-Law; (e) A maximum of Two Thousand Dollars ($2,000.00) for each offence, exclusive of costs, where the contravention is of any of the provisions of subsection (8) of section 10a of this By-Law; 3. Clause (d) of subsection (2) of section 11 of the said By-Law, as amended, is hereby revoked and the following substituted therefor: (d) Twenty-Five Dollars ($25.00) for each offence, exclusive of costs, where the contravention is of the provisions of sub- section (6a) of section 3 or of subsection (4) of section 10b of this By-Law; 4. This By-Law shall come into effect at 12 o'clock noon on September 14th, 1981. BY-LAW read a first, second and third time and finally passed this First day of June , 1981. -1 OWN OF hICKERING APPROVED AS TO FORM I t P ,, , D> 7,'T.